The following Sections of the RFP will be provided separately from

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					    SOLICITATION, OFFER,                 1. SOLICITATION NO.                 2. TYPE OF SOLICITATION          3. DATE ISSUED                PAGE OF PAGES
        AND AWARD                                                                  SEALED BID    (IFB)        14-May-2008
                                         W912DY-08-R-0020-0002                                                                                     1 OF 110
 (Construction, Alteration, or Repair)                                         X NEGOTIATED (RFP)

IMPORTANT - The "offer" section on the reverse m ust be fully com pleted by offeror.

4. CONTRACT NO.                               5. REQUISITION/PURCHASE REQUEST NO.                               6. PROJECT NO.
                                              W31RYO81028949


7. ISSUED BY                           CODE     W912DY                              8. ADDRESS OFFER TO        (If Other Than Item 7) CODE
US ARMY ENGINEERING & SUPPORT CENTER
CEHNC-CT
4820 UNIVERSITY SQUARE
                                                                                       See Item 7
HUNTSVILLE AL 35816-1822



TEL: SEE "ADMINISTERED BY"               FAX: 256-895-1197                           TEL:                                     FAX:
9. FOR INFORMATION              A. NAME                                                     B. TELEPHONE NO.      (Include area code)        (NO COLLECT CALLS)
CALL:                           JENNIFER L STAGGS                                           256-895-1745

                                                                          SOLICITATION
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS                                      (Title, identifying no., date):


 Design/Build of Fire Station at Ft Stew art, GA

 The estimated value of the contract is betw een $1,000,000 and $5,000,000.

 Phase II Proposals w ill be received until 4:00 PM Central Time on 15 August 2008 at: 4:00 PM Central Time.

 The proposal of the successful Offeror shall be considered incorporated by reference upon aw ard of the contract.

 Reference Block 12A. Performance and Payment bonds are required upon contract aw ard.




                                                     10                                            540
11. The Contractor shall begin performance w ithin _______ calendar days and complete it w ithin ________ calendar days after receiving
    aw ard, X notice to proceed. This performance period is            mandatory,     X negotiable.            00 22 20
                                                                                                         (See _________________________ .)
12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?                                          12B. CALENDAR DAYS
(If "YES," indicate within how many calendar days after award in Item 12B.)
                                                                                                                               10
        X YES         NO
13. ADDITIONAL SOLICITATION REQUIREMENTS:
                                    8                                                                                          04:00 PM
A. Sealed offers in original and __________ copies to perform the w ork required are due at the place specified in Item 8 by ___________ (hour)
                12 Jun 2008
   local time ______________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers
   shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
B. An offer guarantee X is,          is not required.
C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
                                150
D. Offers providing less than _______ calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

NSN 7540-01-155-3212                                                    1442-101                                        STANDARD FORM 1442 (REV. 4-85)
                                                                                                                        Prescribed by GSA
                                                                                                                        FAR (48 CFR) 53.236-1(e)
                                                         SOLICITATION, OFFER, AND AWARD (Continued)
                                                                           (Construction, Alteration, or Repair)
                                                                               OFFER (M ust be fully completed by offeror)
14. NAME AND ADDRESS OF OFFEROR                         (Include ZIP Code)                 15. TELEPHONE NO.          (Include area code)

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


                                                                                           See Item 14


CODE                                   FACILITY CODE


17. The offeror agrees to perform the w ork required at the prices specified below in strict accordance w ith the terms of this solicitation, if this offer is
accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.       (Insert any number equal to or greater than
the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)


AMOUNTS              SEE SCHEDULE OF PRICES


18. The offeror agrees to furnish any required performance and payment bonds.
                                                                        19. ACKNOWLEDGMENT OF AMENDMENTS
                                            (The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)


AMENDMENT NO.

      DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN                                           20B. SIGNATURE                                                 20C. OFFER DATE
OFFER (Type or print)

                                                                   AWARD (To be completed by Government)
21. ITEMS ACCEPTED:



22. AMOUNT                               23. ACCOUNTING AND APPROPRIATION DATA


24. SUBMIT INVOICES TO ADDRESS SHOWN IN                                             ITEM       25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
(4 copies unless otherwise specified)                                                                10 U.S.C. 2304(c)                         41 U.S.C. 253(c)

26. ADMINISTERED BY                              CODE                                          27. PAYMENT WILL BE MADE BY:                        CODE




                                              CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
    28. NEGOTIATED AGREEMENT                    (Contractor is required to sign this                 29. AWARD (Contractor is not required to sign this document.)
document and return _______ copies to issuing office.)         Contractor agrees               Y our of f er on this solicitation, is hereby accepted as to the items listed. This award con-
to f urnish and deliv er all items or perf orm all work, requisitions identif ied              summates the contract, which consists of (a) the Gov ernment solicitation and
on this f orm and any continuation sheets f or the consideration stated in this                y our of f er, and (b) this contract award. No f urther contractual document is
contract. The rights and obligations of the parties to this contract shall be                  necessary .
gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses,
representations, certif ications, and specif ications or incorporated by ref er-
ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED                                        31A. NAME OF CONTRACTING OFFICER                       (Type or print)
TO SIGN (Type or print)

                                                                                              TEL:                                    EMAIL:
30B. SIGNATURE                                         30C. DATE
                                                                                              31B. UNITED STATES OF AMERICA                                    31C. AWARD DATE
                                                                                               BY

NSN 7540-01-155-3212                                                                                                         STANDARD FORM 1442 BACK                      (REV. 4-85)
                                                                                                     W912DY-08-R-0020
                                                                                                                  0002
                                                                                                          Page 3 of 110

    Section Supplies or Services and Price

    TABLE OF CONTENT
    Division 00 Table of Contents

    Section 00 11 00 – SF 1442

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

    Section 00 22 10 - Phase 1 of a 2 Phase-Design Build Selection Procedures

    Section 00 22 20 – Phase 2 Design-Build Selection Procedures and Basis for Award

    Section 00 45 00 - Representations and Certifications

    Section 00 72 00 - Contract Clauses

    Section 00 73 00 - Special Contract Requirements




ITEM NO    SUPPLIES/SERVICES            QUANTITY             UNIT              UNIT PRICE                           AMOUNT
0001                                       1               Lump Sum
            Ft Stewart Fire Station
           FFP
            - Design-Build of Fire Station at Ft. Stewart, GA, to include site investigation, site
           design, fire station design, and construction of the fire station. The fire station
           consists of approximately 20,000 square feet.
           FOB: Destination
           MILSTRIP: W31RYO81028949
           PURCHASE REQUEST NUMBER: W31RYO81028949




                                                                              NET AMT
                                                                                                W912DY-08-R-0020
                                                                                                             0002
                                                                                                     Page 4 of 110

     Section 00 11 00 - Standard Form (SF) 1442 and CLIN Schedule




ITEM NO    SUPPLIES/SERVICES            QUANTITY             UNIT             UNIT PRICE                       AMOUNT
0002                                          1           Lump Sum
OPTION      Option1 - Equip Storage & Training Bldgs
           FFP
           Option 1 includes the design and construction of the equipment storage building,
           and training support building, plus associated site work and utilities.
           FOB: Destination
           MILSTRIP: W31RYO81028949
           PURCHASE REQUEST NUMBER: W31RYO81028949




                                                                           NET AMT




ITEM NO    SUPPLIES/SERVICES           QUANTITY            UNIT             UNIT PRICE                         AMOUNT
0003                                      1              Lump Sum
OPTION      Option 2 - Training Area
           FFP
           Option 2 includes design and construction of the training area including simulator
           pads, burn tower pad and asociated site work.
           FOB: Destination
           MILSTRIP: W31RYO81028949
           PURCHASE REQUEST NUMBER: W31RYO81028949




                                                                           NET AMT




     SECTION 00 11 00 CONTINUATION
     SECTION 00 11 00 CONTINUATION
     Section 001100 - Standard Form (SF) 1442 and CLIN Schedule

     BLOCK 10 CONTINUATION PAGE
                                                                                                 W912DY-08-R-0020
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                                                                                                      Page 5 of 110


Firm Fixed-Price Design/Build contract for a Fire Station at Fort Stewart, Georgia.

This acquisition is being offered for competition limited to eligible 8(a) concerns.

NAICS: 236220                        Size Standard: $31M

Offerors must be registered in CCR to be eligible for award. SEE FAR 52.204-7.

** Block 13B: See Section 00 21 00, Para. 1.15 for Bid Guarantee requirement and Section 00 73 00, Contract
Clause 52.228-1.

This solicitation will be evaluated under the Two Phase Design Build Process. In Phase 1, interested firms or joint
venture entities (referred to as “Offerors”) may submit certain specific performance capability proposals,
demonstrating their capability to successfully execute the design-build construction contract resulting from this
solicitation. The Government will evaluate the performance capability proposals in accordance with the criteria
described in the solicitation and will select no more than 3 offerors to compete for the contract in Phase 2 of the
process.

In Phase 2, the selected Offerors will submit preliminary technical design proposals for the Ft Stewart Fire Station,
the contract duration, a preliminary schedule and a price proposal. The Government will evaluate the Phase 2
proposals, in accordance with Section 00 22 20, of the Phase 2 RFP. The contract will be awarded to the
responsible Offeror, whose proposal conforms with all the terms and conditions of the solicitation and whose
proposal is determined to represent the overall best value to the government, considering technical-design quality,
performance capability, and cost.

The magnitude of the contract is estimated between $1M and $5M.

In the event that the contract award cannot be made, the Government may award the contract with a reduced scope,
or re-advertise under a full and open solicitation.

 NOTES:

          1. Construction Cost Limitation (CCL). The contract award design and construction including options
shall not exceed $ 4,800,000.00. Offerors are under no obligation to approach this amount, however offerors are
cautioned that any proposal which exceeds the CCL may render them ineligible for award.
         2. In accordance with FAR part 52.211-10 “Commencement, Prosecution, and Completion of Work.”
The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the
Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready
for use not later than 540 calendar days after receipt of notice to proceed. The time stated for completion shall
include final cleanup of the premises.

         3. In accordance with FAR Part 52.211-12 “Liquidated Damages—Construction,” (a) If the
Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay
liquidated damages to the Government in the amount of $899.20 for each calendar day of delay until the
work is completed or accepted, (b) If the Government terminates the Contractor's right to proceed, liquidated
damages will continue to accrue until the work is completed. These liquidated damages are in addition to
excess costs of repurchase under the Termination clause.

         4. In accordance with FAR part 52.222-6 “Davis-Bacon Act” General Decision Number GA20080036
applies and will be included in the Phase 2 RFP.
                                                                                             W912DY-08-R-0020
                                                                                                          0002
                                                                                                  Page 6 of 110

         5. SITE VISIT. The clauses 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and
Conditions Affecting the Work, are included in this contract. Accordingly, Offerors are urged to attend the site-
visit, which will be held at the Resident Office at Fort Stewart on 25 July 2008 at 10:00 AM local time. The
address for the site visit is Building 1140, 1115 Frank Cochran, Fort Stewart, GA 31315. Dave Warren will
be the point of contact there and his phone number is 912-767-6878.
                                                                           W912DY-08-R-0020
                                                                                        0002
                                                                                Page 7 of 110

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

INSTRUCTIONS TO OFFERORS
Section 00 21 00 - Instructions, Conditions and Notices to Offerors

INSTRUCTIONS TO OFFERORS
                                                SECTION 00 21 00

                                             REV 2.3 - 15 NOV 2007

                        INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

1.0 GENERAL INFORMATION

1.1 GENERAL DESCRIPTION OF WORK

1.2 CONTRACT COST CEILING LIMITATION FOR DESIGN AND CONSTRUCTION COSTS

1.3 GOVERNMENT SECURITY REQUIREMENTS

1.4 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

1.5 OFFEROR'S QUESTIONS AND COMMENTS

1.6 SMALL BUSINESS SIZE STANDARD/NAICS CODE

1.7 PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

1.8 SITE VISIT

1.9 ACCURACY IN PROPOSALS

1.10 PROPOSAL SUBMITTALS

1.11 PROPOSAL FORMAT

1.12 JOINT VENTURE PROPOSAL REQUIREMENTS

1.13 SUBCONTRACTING PLAN/ SUBCONTRACTING GOALS REGARDING THE UTILIZATION OF
SMALL BUSINESS CONCERNS

1.14. BID GUARANTEE

1.15. CONTRACT PRICES – BIDDING SCHEDULE (PHASE 2 ONLY)

1.16. SOLICITIATION PROVISIONS
                                                                                                 W912DY-08-R-0020
                                                                                                              0002
                                                                                                      Page 8 of 110

1.0 GENERAL INFORMATION

1.1. GENERAL DESCRIPTION OF WORK

The scope of project includes all work required to design and construct a Fire Station located at Fort Stewart,
Georgia. The work shall be in accordance with Request for Proposal documents.

General Description of Work: Design and construct a fire station at Fort Stewart that will be used as a headquarters
and accommodate 2 companies. The project includes both site development and the building.

Option 1 – includes the design and construction of the equipment storage building, and training support
building, plus associated site work and utilities.

Option 2 – includes design and construction of the training area including simulator pads, burn tower pad
and associated site work.

1.2. CONTRACT COST CEILING LIMITATION FOR DESIGN AND CONSTRUCTION COSTS

The design and construction costs will be subject to the funds available for this project. The total contract award
shall not exceed the CCL for this contract including options. Offerors are notified that they are under no obligation
to approach this ceiling. However the Government may not be able make an award, if the dollar amount set for this
project is exceeded.

The Government may award only CLIN 0001, or CLIN 0001 with either or both of the option CLINS (CLINs
0002 and 0003) as available funds permit.

1.3. GOVERNMENT SECURITY REQUIREMENTS

The Offeror(s) must ensure that ALL mail sent to the U.S Army Engineering & Support Center, U.S. Army Corps of
Engineers, either pre-contract or post-contract award, has a return mailing address on the outside of the envelope,
package, box, etc. ANY MAIL addressed to the U.S. Army Corps of Engineers, including but not limited to bids,
modifications to bids, proposals, revised proposals, bonds, correspondence, etc., will be REJECTED by the US
Army Corps of Engineers mail room facility located at CEHNC if it does not contain a return mailing address. There
will be no exceptions.

1.4. COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

Copies of the solicitation and amendments are available by INTERNET ACCESS ONLY. All Phase I solicitation
documents will be posted through the Army’s Single Face to Industry (AFSI) to the Federal Business Opportunities
(FedBizOpps) website at:

https://www.fbo.gov.

Phase II solicitation documents and their Amendments will be sent to Offerors selected to participate in the
Phase II competition by U.S. Mail or a similar overnight shipper.
                                                                                                    W912DY-08-R-0020
                                                                                                                 0002
                                                                                                         Page 9 of 110

It shall be the contractor’s responsibility to check the websites for any amendments. The offeror shall submit in the
proposal all requested information specified in this solicitation. There will be no public opening of the proposals
received as a result of this solicitation.

A list of interested vendors (potential offerors and subcontractors) is available on the federal business opportunities
web site (registration required) at: http://www.fbo.gov/ via Quick Search (Solicitation No. W912DY-08-R-0020).

1.5. OFFEROR'S QUESTIONS AND COMMENTS

Questions and/or comments relative to these documents should be submitted via ProjNet as outlined in Para 1.5.1.1.

Contract Specialist – Primary POC

U.S Army Engineering & Support Center, Huntsville

ATTN: Jennifer Staggs

CEHNC-CT-A, PO Box 1600, Huntsville, AL 35807-4301

Phone: 256-895-1745 Fax: 256-895-1197

Email: Jennifer.L.Staggs@usace.army.mil

Note: All questions and/or comments should reach the above referenced Contracting Office no later than 15
calendar days prior to the proposal due date, in order that they may be given consideration or actions taken prior to
receipt of offers.

1.5.1 Bidder Inquiry

1.5.1.1 Technical inquiries and questions relating to proposal procedures or bonds are to be submitted via Bidder
Inquiry in ProjNet at http://www.projnet.org/projnet.

1.5.1.1.1 To submit and review bid inquiry items, bidders will need to be a current registered user or self-register
into system. To self-register go to web page, click BID tab select Bidder Inquiry, select agency USACE, enter Key
for this solicitation listed below, and your e-mail address, click login. Fill in all required information and click
create user. Verify that information on next screen is correct and click continue.

1.5.1.1.2 From this page you may view all bidder inquiries or add inquiry.

1.5.1.1.3 Bidders will receive an acknowledgement of their question via email, followed by an answer to their
question after it has been processed by our technical team.

1.5.1.1.4 The Solicitation Number is : W912DY-08-R-0020

1.5.1.1.5 The Bidder Inquiry Key is: Z6AMVO-2F5YYG
                                                                                                 W912DY-08-R-0020
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                                                                                                     Page 10 of 110

1.5.1.2 The Bidder Inquiry System will be unavailable for new inquires 9 days prior to proposal submission in order
to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

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

1.5.1.4 The 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.

1.5.1.5 Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will
NOT be available after receipt of proposals.

1.6. SMALL BUSINESS SIZE STANDARD/NAICS CODE

See Section 00 45 00, FAR 52.204-8 for the small business size standard/NAICS Code.

1.7. PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

This Request for Proposal (RFP) does not commit the Government to pay, as a direct charge, any costs incurred in
the preparation and submission of a proposal. A stipend will not be authorized for unsuccessful Phase 2 offerors.

1.8 SITE VISIT

The Government intends to hold the site visit at the Resident Office at Fort Stewart on 25 July 2008 at 10:00
AM local time. The address for the site visit is Building 1140, 1115 Frank Cochran, Fort Stewart, GA 31315.
Dave Warren will be the point of contact there and his phone number is 912-767-6878.



1.9. ACCURACY IN PROPOSALS

Proposals must set forth full, accurate, and complete information as required by this RFP, (including attachments).
The penalty for making false statements is prescribed in 18 U.S.C. 1001.

1.10. PROPOSAL SUBMITTALS

Due to heightened security at Government installations, those offerors who have their proposals hand-delivered shall
contact Jennifer Staggs, Contract Specialist, at 256-895-1745 or the Contracting Office Main Desk, at 256-895-
1442, prior to delivering to the address shown below. On the date specified, and thirty minutes prior to the time
specified on Standard Form SF 1442, Page 1, Item 9, a representative will be in the lobby to accept proposals. At
the time specified on Standard Form SF 1442, Page 1, Item 9, receipt of proposals will be closed. Official time will
be established by the clock located in the area where the proposals are received. Recent terrorist threats have
resulted in more time-consuming sign-in and escort procedures and may impact the timely delivery of offers. See
FAR 52.215-1 for rules concerning late proposals.

As stated on Standard Form SF 1442: Proposals will be received until 4:00 PM Central Time on 15 August
                                                                                                   W912DY-08-R-0020
                                                                                                                0002
                                                                                                       Page 11 of 110

2008.

U.S Army Engineering & Support Center, Huntsville
ATTN: Jennifer Staggs
CEHNC-CT-A, PO Box 1600, Huntsville, AL 35807-4301
** For Proposals sent Parcel Post or Overnight shipping use the following address:

U.S Army Engineering & Support Center, Huntsville
ATTN: Jennifer Staggs
CEHNC-CT-A, 4820 University Square, Huntsville, AL 35816.

The Packaging that contains the Proposals shall be marked:
”Proposals for Solicitation Number: W912DY-08-R-0020, DO NOT OPEN.”

1.11. PROPOSAL FORMAT

a Written materials: 8 ½” x 11” format, using 10 point or larger font size, in bound volumes, using 3-ring binders
(except that Pro Forma material and price proposal shall be submitted in a closed manila envelope. Each bound
volume will contain a Title Sheet on the cover for ready identification of the proposal and a full table of contents,
separated by Tabs, as prescribed herein.

(i) The prime, consortium, or joint venture’s name, address, a signature of the official that can bind the firm and a
telephone number shall appear in the lower left corner of the title page of any document/volume to be evaluated.

(ii) Volume number, section and date submitted shall appear in the bottom right corner of each page (along with the
revision number for the amended page, if necessary).

(a) Drawing sheets: Use 22” x 34” for full size drawings. Half-size sheets are also acceptable.

(b) Electronic Format: Provide eight CDs in read-only format, preferably using .pdf files. All price breakdown
information to aide in the price evaluation shall be submitted in Excel format.

(c) Number of copies: Submit one original and 7 copies of drawings and printed matter (Bound Volumes), as well
as 8 CDs. For Pro Forma information required in Phase 2: Submit the original and one copy and one separate CD.

1.12. JOINT VENTURE PROPOSAL REQUIREMENTS

When proposing as a joint venture, all members of the joint venture shall sign the SF 1442 and the bid bond unless a
written agreement by the joint venture is furnished with the proposal designating one firm with the authority to bind
the other member(s) of the joint venture. In addition, a copy of the joint venture agreement shall be submitted with
the proposal. Failure to comply with the foregoing requirements may eliminate the proposal from further
consideration. If this is an 8(a) or HubZone joint venture, the offeror shall ensure that it complies with the applicable
requirements of 13 CFR Part 124 and 13 CFR Part 126, respectively

1.13. SUBCONTRACTING PLAN/ SUBCONTRACTING GOALS REGARDING THE UTILIZATION OF
SMALL BUSINESS CONCERNS
                                                                                                W912DY-08-R-0020
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                                                                                                    Page 12 of 110

(a) Application. This clause applies to all offerors submitting proposals.

(b) Federal Acquisition Regulations (FAR). Attention is directed to the following FAR and DFARS provisions
contained in this solicitation:

52.219-8, Utilization of Small Business Concerns (Alternate I)

252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small
Business Concerns

(c) Goals. The U.S. Army Corps of Engineers considers the following goals reasonable and achievable for the
performance of the resultant contract:

(i) 70 % of subcontracted amount with small business concerns.

(ii) 6.2 % of subcontracted amount with those small business concerns owned and controlled by socially and
economically disadvantaged individuals.

(iii) 7.0 % of subcontracted amount with those small business concerns owned and controlled by women.

(iv) 9.8 % of subcontracted amount with those small business concerns owned and controlled by HUBZones.

(v) 3% of subcontracted amount with those small businesses owned and controlled by veterans.

(vi) .9 % of subcontracted amount with those small business concerns owned and controlled by Service-Disabled
Veterans.

(vii) 0 % of subcontracted amount with those minority institutions and historically black colleges and universities

1.14. BID GUARANTEE

A bid Guarantee is not required for the Phase 1 proposal submission. A Bid Guarantee will be required in Phase 2.
The penal sum of the bond will be required as in provision 52.228-1 Bid Guarantee. Facismile Bonds are not
acceptable.

1.15. CONTRACT PRICES – BIDDING SCHEDULE (PHASE 2 ONLY)

See DFARS 252.236-7008. However, include the cost for performance and payment bond.

1.16. SOLICITIATION PROVISIONS




CLAUSES INCORPORATED BY REFERENCE


52.215-1              Instructions to Offerors--Competitive Acquisition             JAN 2004
                                                                                        W912DY-08-R-0020
                                                                                                     0002
                                                                                            Page 13 of 110

52.211-2         Availability of Specifications, Standards, and Data Item    JAN 2006
                 Descriptions Listed in the Acquisition Streamlining and
                 Standardization Information System (ASSIST)
52.219-24        Small Disadvantaged Business Participation Program--Targets OCT 2000
52.222-5         Davis-Bacon Act--Secondary Site of the Work                 JUL 2005




WAGE DETERMINATION RATES
General Decision Number: GA080036 07/04/2008                 GA36

Superseded General Decision Number: GA20070036

State: Georgia

Construction Type: Building

Counties: Appling, Atkinson, Bacon, Brantley, Bulloch, Burke,
Candler, Charlton, Clinch, Echols, Emanuel, Evans, Jeff Davis,
Jefferson, Jenkins, Johnson, Laurens, Liberty, Long, McIntosh,
Montgomery, Pierce, Screven, Tattnall, Telfair, Toombs,
Treutlen, Ware, Wayne and Wheeler Counties in Georgia.


BUILDING CONSTRUCTION PROJECTS (does not include residential
construction consisting of single family homes and apartments
up to and including 4 stories)


Modification Number           Publication Date
          0                    02/08/2008
          1                    04/04/2008
          2                    07/04/2008

 CARP0144-002 12/01/2005

JOHNSON, LAURENS, MONTGOMERY, TELFAIR, TREUTLEN AND WHEELER
COUNTIES:


                                            Rates                Fringes

MILLWRIGHT.......................$ 19.00             6.91
----------------------------------------------------------------
* CARP0256-001 07/01/2008

APPLING, ATKINSON, BACON, BRANTLEY, BULLOCH, CANDLER, CHARLTON,
CLINCH, ECHOLS, EVANS, JEFF DAVIS, LIBERTY, LONG, MCINTOSH,
PIERCE, SCREVEN, TATTNALL, TOOMBS, WARE, AND WAYNE COUNTIES


                                            Rates                Fringes

MILLWRIGHT.......................$ 20.45                               8.31

  FOOTNOTE: Work with creosote materials, acid or other strong
  chemicals; work with cofferdams & tunnels; swinging
  scaffolds & boatswain chair, 25 ft. or higher; chimneys,
                                                               W912DY-08-R-0020
                                                                            0002
                                                                   Page 14 of 110

  silos or towers which are independent of the building and
  which are 25 ft. or higher; clip forms; erecting &
  dismantling scaffolds 35 ft. or higher; operation of radial
  arm saws: $.50 per hour additional. If handrails and/or
  safety belts are provided by the contractor, the premium
  pay will not be applicable.
----------------------------------------------------------------
 CARP0283-001 10/01/2005

BURKE, EMANUEL, JEFFERSON AND JENKINS COUNTIES:

                                      Rates       Fringes

MILLWRIGHT.......................$ 19.25             6.82
----------------------------------------------------------------
  SUGA2000-002 05/10/2000

                                      Rates       Fringes

BRICKLAYER.......................$ 15.00

CABINET INSTALLER................$      8.83

CARPENTER (does not include
batt insulation or drywall
hanging).........................$ 13.31

Cement Mason/Concrete Finisher...$ 12.04

DRYWALL HANGER...................$ 13.64

ELECTRICIAN......................$ 12.29

HVAC MECHANIC (does not
include HVAC duct work)..........$ 11.94

INSULATOR - BATT.................$     7.00

IRONWORKER, STRUCTURAL...........$ 10.13

LABORER:   Mason Tender...........$    8.00

LABORER..........................$     7.95

PAINTER (Brush) (does not
include drywall finishing).......$ 12.44

PIPEFITTER (does not include
HVAC piping).....................$ 15.27             3.20

PLUMBER (does not include
HVAC piping).....................$ 13.69

Power equipment operators:
     Backhoe.....................$ 11.97
     Roller......................$ 8.54

ROOFER, Including Built Up,
Composition and Single Ply
Roofs............................$ 10.00
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Sheet Metal Worker (includes
HVAC duct work)..................$ 10.45

TRUCK DRIVER.....................$ 8.70
----------------------------------------------------------------

WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================

Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).

----------------------------------------------------------------

In the listing above, the "SU" designation means that rates
listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.

----------------------------------------------------------------

                    WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can
be:

*   an existing published wage determination
*   a survey underlying a wage determination
*   a Wage and Hour Division letter setting forth a position on
    a wage determination matter
*   a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.

With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:

        Branch of Construction Wage Determinations
        Wage and Hour Division
        U.S. Department of Labor
        200 Constitution Avenue, N.W.
        Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
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            Wage and Hour Administrator
            U.S. Department of Labor
            200 Constitution Avenue, N.W.
            Washington, DC 20210

The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:

            Administrative Review Board
            U.S. Department of Labor
            200 Constitution Avenue, N.W.
            Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

================================================================

               END OF GENERAL DECISION




CLAUSES INCORPORATED BY REFERENCE


52.222-12            Contract Termination-Debarment                                 FEB 1988
52.225-12            Notice of Buy American Act Requirement - Construction          JAN 2005
                     Materials Under Trade Agreements
52.232-13            Notice Of Progress Payments                                    APR 1984
52.233-2             Service Of Protest                                             SEP 2006
52.236-28            Preparation of Proposals--Construction                         OCT 1997




CLAUSES INCORPORATED BY FULL TEXT


52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST
OR PRICING DATA (OCT 1997)—ALTERNATE IV (OCT 1997)

(a) Submission of cost or pricing data is not required.

(b) Information other than cost and pricing data which will be used to evaluate the proposed costs for fairness and
reasonableness will be limited to the information submitted in the Offerors proposal as required by the solicitation
instructions.

(End of provision)
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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.

(End of provision)



CLAUSES INCORPORATED BY FULL TEXT


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) A Site visit will be held at the Resident Office at Fort Stewart on 25 July 2008 at 10:00 AM local time.
The address for the site visit is Building 1140, 1115 Frank Cochran, Fort Stewart, GA 31315. Dave Warren
will be the point of contact there and his phone number is 912-767-6878. Offerors are urged to attend the
site-visit.

(End of provision)



CLAUSES INCORPORATED BY FULL TEXT


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/vffara.htm

(End of provision
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Section 00 22 10 - Phase 1 of a 2 Phase-Design Build Selection Procedures

PHASE 1 SELECTION PROCEDURES
                                               SECTION 00 22 10

                                            REV 6.3 – 18 APR 2008

                     PHASE 1 OF 2 PHASE DESIGN-BUILD SELECTION PROCEDURES

1.0 OVERVIEW

2.0 GENERAL INSTRUCTIONS

3.0 PHASE 1 PROPOSAL AND RELATED EVALUATION FACTORS

4.0 TAB A – STANDARD FORM 1442 AND PROPOSAL DATA SHEET

5.0 TAB B – FACTOR 1 – SPECIALIZED EXPERIENCE

5.1 SUBMISSION REQUIREMENTS

5.2 EVALUATION CRITERIA

6.0 TAB B – FACTOR 2 – PAST PERFORMANCE

6.1 SUBMISSION REQUIREMENTS

6.2 EVALUATION CRITERIA

7.0 TAB C – FACTOR 3 – ORGANIZATION AND TECHNICAL APPROACH

7.1 SUBMISSION REQUIREMENTS

7.2 EVALUATION CRITERIA

8.0 TAB D – FACTOR 4 – UTILIZATION OF BENTLEY BIM V8

8.1 SUBMISSION REQUIREMENTS

8.2 EVALUATION CRITERIA

9.0 PHASE 1 EVALUATION PROCEDURES

9.1 SOURCE SELECTION EVALUATION BOARD (SSEB)

9.2 EVALUATION

9.3 DEFINITIONS
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9.4 EVALUATION AND RATING SYSTEM

9.5 PAST PERFORMANCE RISK RATINGS

PHASE ONE – SECTION 00 22 10 ATTACHMENTS

  1 – PROPOSAL DATA SHEETS

  2 – COMPANY SPECIALIZED EXPERIENCE CONSTRUCTION OR PRIME CONTRACTOR

  3 – COMPANY SPECIALIZED EXPERIENCE DESIGN FIRM OR IN-HOUSE DESIGN CAPABILITY

  4 – PAST PERFORMANCE EVALUATION TELEPHONE INTERVIEW QUESTIONNAIRE

  7 – LETTER OF COMMITMENT FOR DESIGN FIRM
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 1.0 OVERVIEW

 1.1. The Government is looking for ways to streamline construction, manage labor and other resource constraints in
 an effort to reduce costs and achieve an aggressive schedule in executing task orders to meet the Army’s
 Transformation program goals of faster project execution at lower cost, while taking advantage of industry standards,
 means and methods. In Phase 1 of the 2 phase design-build selection procedure, interested firms or joint venture
 entities (referred to as “offerors”) submit certain specified performance capability proposals, demonstrating their
 capability to successfully execute the design-build construction contract resulting from this solicitation. The
 Government will evaluate the performance capability proposals in accordance with the criteria described herein and
 will select no more than three (3) of the Phase 1 offerors to compete for the design-build contract in Phase 2.

 1.2. In Phase 2, the selected offerors will submit proposals in accordance with Section 00 22 20.

 1.3. The selected Offerors will be announced by special notice or synopsis to the Federal Business Opportunities
 website. Offerors will be contacted separately to provide Point of Contact information, which will be posted in the
 special notice announcing the selected offerors.

 2.0 GENERAL INSTRUCTIONS

 2.1. Firms formally organized as design-build entities, design firms and construction contractors that have associated
 specifically for this project, consortia of firms or any other interested parties may submit proposals. Associations
 may be as joint ventures or as key team subcontractors. Any legally organized Offeror may submit a proposal. To
 qualify for phase 2, the Offeror or Offeror’s subcontractor has to have or will have to have professional architects
 and engineers, registered in the appropriate technical disciplines and the requirements specified in Contract Clause,
 FAR part 52.236-25 “Requirements for Registration of Designers,” must be met. All designs must be under the
 direct supervision of appropriately licensed professionals for each discipline involved.

 2.2. Submit the Phase 1 proposal in a tabbed, three-ring binder. Note that the Government will not evaluate any
 material that exceeds the page limits, indicated in 7.1.1. below. PHASE 1 DOES NOT INVOLVE PRICING
 SUBMISSION.

 3.0 PHASE 1 PROPOSAL AND RELATED EVALUATION FACTORS

Location    Factor Number                      Description                                  Relative Importance

 Tab A                              SF 1442 and Proposal Data Sheet                                N/A

 Tab B          Factor 1                 Specialized Experience                        1st (Most Important Factor)

 Tab B          Factor 2                    Past Performance                   2nd (Slightly less important than Factor 1)

 Tab C          Factor 3         Organization and Technical Approach           3rd (Slightly less important than Factor 2)
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Tab D            Factor 4            Utilization of Bentley BIM v8                              Go / No Go

4.0 TAB A - STANDARD FORM 1442 AND PROPOSAL DATA SHEET

4.1. Submit the SF 1442, completed and signed by a person authorized by the Offeror. Include the completed
proposal data sheet (See attachment 1, provided at the end of this Section).

5.0 TAB B – FACTOR 1 - SPECIALIZED EXPERIENCE

5.1. SUBMISSION REQUIREMENTS

5.1.1. The prime contractor and the design firm(s) (or prime contractor if design is to be self-performed) shall each
demonstrate recent, relevant experience on similar projects, using Construction – Specialized Experience form –
(Attachment 2), and Designer – Specialized Experience Form – (Attachment 3) at the end of the section. Offerors
may identify state and local government and private contracts that are similar to the Government’s requirements. If
the offeror is a joint venture, each firm shall provide information, demonstrating experience relevant to their role on
this project. Submit projects selected from those discussed in the experience narrative that are currently well
underway (designed and at least 50% construction progress completed) or completed and turned over no longer that
five (5) years preceding the date of this Solicitation. If any firm has multiple functions or divisions, limit the project
examples to those performed by the division or unit submitting the offer or by the team member. Design firms may
list prime contractors they have worked for or government, private or commercial customers. The offeror shall
select the design firm(s). If projects were design-build, so identify them. Both the prime contractor and the design
firm(s) shall each submit no more that five (5) projects for each of the facility types or their equivalent or similar
commercial or institutional type:

• Fire Station

5.1.2. The offeror may provide a supplemental narrative (not project lists), not to exceed two pages, explaining how
any corporate experience that is not directly related to the specific projects above is applicable to this project and
how the Government will benefit.

5.1.2.1. The offeror should describe any previous teaming experience between current team members, if not
described in the project list. Describe team members’ experience on LEED projects, if not included on the project
list. Offeror may describe design-build experience on other type projects. The above information is limited to
projects that are well underway or that have been completed and turned over no longer than the past five years
preceding the date of this solicitation.

5.2. EVALUATION CRITERIA:

5.2.1. The Government will evaluate the extent of recent, related experience of the prime contractor and design
firms in design, construction or design-build, as relevant to their role on this project. If the design will be
accomplished in-house, rather than by subcontract, then the design element of specialized experience will still be
evaluated, realizing that the work is being done in-house. Experience on the similar projects identified in the project
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lists will receive more consideration than experience provided in the supplemental narrative. The Government may
place greater importance on projects performed as a prime contractor than as a subcontractor, depending upon
overall role and relevancy considerations. Federal Government project experience will not be rated inherently more
important than non-Federal Government project experience.

5.2.2. The Offeror must submit the requested information to demonstrate a record of recent, related experience in
both design and construction, for the facility types (which may include similar state or local government or private
counterparts) included in this contract, as described in Section 00 22 10. Recent experience includes projects well
underway (see above criteria) or those completed and turned over within five (5) years of the proposal issue date for
this RFP for design or construction experience. Joint Venture partners should each demonstrate experience
commensurate with their role on this project or explain in the supplemental narrative how their experience qualifies
them for their role on this project.

5.2.3. The Government reserves the right to verify the experience record of cited projects or other recent projects by
reviewing the Corps of Engineers Construction Contractor (or Architect-Engineer) Appraisal Support System
(CCASS/ACASS), other DOD or Government appraisal systems or to interview owners or references. The
Government may check any or all cited references to verify supplied information.

5.2.4. To receive credit for extent (amount) of experience, the Offeror and its proposed design firm(s) shall
demonstrate a history of recent, relevant experience. A firm will not receive credit under this factor for the relevant
experience of key personnel proposed for this project.

5.2.5. The Government will consider extent of recent experience, degree of relationship of such experience to this
project, demonstrated familiarity with applicable codes and local conditions. Some examples of relevancy to this
project may include, but not be limited to:

(1) Number, size, type work, complexity, location

(2) Dates (well under way or completed no more than 5 years preceding date of Solicitation)

(3) Firm's role and extent of work self-performed (brokering out all work and simply “pouring the sidewalks” on a
cited project are examples of less relevant experience)

5.2.6. Previous design-build experience is not necessary for an acceptable rating. The Government may consider
previous D-B experience a strength, even if the experience is on different type projects than this project. Similarly,
the Government may consider previous recent teaming experience among the team members as value added, even if
on different type design and/or construction projects than this project. The more relevant the experience, the more
credit will be given.

5.2.7. The firm(s) preparing the design must demonstrate qualifications and experience in sustainable design and
development and design, based on project experience on projects that have achieved US Green Building Council’s
LEED certification or project experience on completed Corps of Engineers design-build projects that were validated
as having achieving LEED silver rating for an acceptable rating. Additional consideration will be given if both the
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constructor and the design firm(s) demonstrate qualifications and experience on LEED.

6.0 TAB B – FACTOR 2 - PAST PERFORMANCE

6.1. SUBMISSION REQUIREMENTS:

6.1.1. Past performance refers to the quality of recent project experience from the owner's perspective. The Offeror
and its design firm(s) (or prime contractor if design is to be self-performed) shall provide customer reference
name(s), company affiliation and current phone numbers on the specific project experience sheets in TAB B. The
Government will use the specific project experience sheets submitted for specialized experience in Tab B that were
completed or well underway (as defined above) within five (5) years preceding the date of the solicitation. Include
the performance rating by the owner on the form, if the Offeror was rated. Additional past performance examples
may be submitted for consideration on any member of a Teaming Arrangement that will perform a major or critical
aspect of the project. Projects cited shall be currently well underway (fully designed and at least 50% construction
progress completed) or construction substantially completed within five (5) years preceding the date of this
solicitation. If any firm has multiple functions or divisions, limit the project examples to those performed by the
division, unit or team member submitting the offer. The Government may contact and interview the points of
contact and reserves the right to interview other individuals acting for the listed reference, if the listed reference is
not available. See the Interview form at the end of this Section (attachment 4). The team members may also briefly
provide information on problems encountered on identified contracts and the team member’s corrective action.

6.2. EVALUATION CRITERIA:

6.2.1. The Government will perform a risk assessment, considering the degree of success of the D-B team's recent
(well under way or turned over no longer than 5 years preceding the date of this solicitation), relevant past
performance. See explanation of “well underway” and relevancy under the Factor “Specialized Experience”. The
Government will consider the currency and relevance of the information, source of the information, context of the
data, and general trends in contractor performance. If any firm has multiple functions or divisions, The Government
will only evaluate past performance of the division or unit submitting the offer or by the team member.
Owners/references may be asked to comment on items such as quality of design or construction, timeliness,
management of the work subcontractor management, including timely payment to subs or suppliers, safety, relations
between owner and designer or contractor, level of support for such things as as-built documentation, O&M manuals,
training, correcting design or construction errors, warranty work, etc. (see the interview form at attachment 4). The
Government will target areas covered in the requirements of this proposal including records of conforming to quality,
schedule, cost control, customer satisfaction, level of support for such things as as-built documentation, O&M
manuals, training, problem resolution for design or construction errors, warranty work, and safety. The Government
will not release the Interview Forms to the Offeror at any time, in order for the Government to solicit candid,
unbiased interview comments. The Government also places a higher value on projects, which document successful
outcomes and are supported by outside source confirmation, for example, but not limited to telephone interviews
with points of contact identified in the proposal, CCASS/ACASS or other agency performance databases, offeror
furnished references, or personal knowledge. The Government also places a higher value on projects, which
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provided particularly difficult or unique challenges and the innovative methods the contractor used to resolve
problems successfully. The Government’s evaluation is not limited to past performance information on the cited
example projects.

6.2.2. Each entity (firm) will be rated on its own performance or that of its predecessor, if relevant. An entity may
not establish past performance based on the past performance of its proposed key personnel, apart from that of the
entity. If the Government does not obtain past performance information for the projects identified by the offeror and
cannot establish a past performance record for the offeror through other sources, past performance will be rated
neither favorably nor unfavorably. The performance risk will be considered “unknown”.

7.0 TAB C – FACTOR 3 - ORGANIZATION AND TECHNICAL APPROACH

7.1. SUBMISSION REQUIREMENTS:

7.1.1. Provide information that describes the offeror’s organization and intended technical approach to executing the
design-build contract per the detailed requirements herein. Limit the information to fifteen pages or less clearly but
concisely describe the organizational and technical approach to project management and execution. The fifteen page
limit does not include resumes submitted for key personnel, below.

7.1.2. Organization: Describe what firms, their resources and how their resources will be utilized, their roles and
responsibilities and any contractual arrangements that have been established. Clearly describe any teaming or joint
venture arrangements, including a clear description of each firm’s roles and responsibilities on the project. The
Offeror shall document unequivocal teaming arrangements with its design firms(s) via letter of commitment (see
attachment 7). A copy of the teaming or joint venture agreement(s) may be appended to the plan (not included in the
page limitation). Include a simple organizational chart, illustrating the organization, including the proposed quality
control group(s). Present a matrix of responsibilities for each firm in executing the key work breakdown structure
activities of the project, including design and construction activities for each major feature (i.e., site work, utilities
and each building). Identify the design firm(s) chosen for the project, if not to be self-performed. Phase 2 offerors
will be required to identify the specific firms chosen for mechanical and electrical installation. Describe proposed
management structure for the team, describing the how the design and construction process will be managed and the
authorities and the delegations of authority within the team Include a key personnel organization chart that clearly
depicts the key positions and the names of the personnel, their firm affiliations and their job locations, their
job/position title within the organization. The key personnel organization chart shall be consistent with the corporate
organization chart, with the matrix of responsibilities assigned to the D-B team firms, and with the list of key
personnel to be provided under the Tab, “Key Personnel”.

7.1.3. Technical Approach for Design and Construction: Describe the technical approach to design and construction
of these facilities. Include any considerations of fast-tracking design and construction, panelized construction, pre-
engineered components or buildings, factory built modules or assemblies, tilt-up, pre-cast parts, standard designs
stick-built framing, etc. The Government is looking for ways to streamline construction, manage labor and other
resource constraints in an effort to reduce costs and achieve an aggressive schedule. In Phase 2, the offeror will
describe its design packaging plan for fast-tracking in how it lays out the proposed schedule and contract duration.
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That level of detail is not necessary in Phase 1.

7.1.4. Collaborative Approach for Design-Build: Describe interactions within the team and with the Corps of
Engineers during the design. Discuss how the configuration management system will track and control design
evolution and changes during design for quality control and to facilitate quicker Government reviews. Describe the
role of the construction team members during design. Describe the type of Building Information Modeling (BIM)
system to be used on the project and how the team intends to develop and use the BIM system and associated facility
data that is fully compatible with Bentley BIM file format and the USACE Bentley BIM v8 Workspace. Describe
the role and interaction of the design team with the construction team during construction, addressing, as a minimum,
maintaining configuration management of the design during construction, including control and approval of revisions
to the accepted design; requests for information; shop drawing and submittal reviews and approvals; progress
meetings; site visits, if any; contract completion, closeout, as-built and completion documentation.

7.1.5. Planning and Scheduling: Describe the time control capabilities and systems to be used to plan design and
construction and how the schedule will be used to manage design and construction. Discuss internal procedures for
handling delays to minimize time growth or schedule creep. In Phase 2, the offeror will develop a summary
schedule. In Phase 1, the Government is interested in the offeror’s planning and scheduling capabilities.

7.1.6. Self-Performed Work: Generally describe the items the offeror will self-perform to comply with the
requirements in Section 00 73 00, Para 1.4.

7.1.7. Quality Control: Describe the team’s quality control approach, corporate systems and capabilities to maintain
quality control of the design and construction. Describe the proposed quality control organization, including the
proposed staffing plan. Provide specific information on how you will manage design quality control, track design
evolution and changes during design to meet the schedule and to facilitate quicker Government reviews. Provide
information on how you will handle internal and external requests for information, shop drawings, submittal reviews,
progress meetings, site visits, contract completion, closeout, as-built, and completion documentation. In addition to
the required designer-of-record roles specified within the RFP for maintaining integrity of the design, describe any
other DOR involvement in the quality control process, if any. There is no need to submit a quality control plan as
the successful offeror will provide that after award.

7.2. EVALUATION CRITERIA:

7.2.1. The Government will evaluate the strengths, weaknesses and any deficiencies in the organization and
technical approach. The Government will evaluate the firm’s understanding of D-B and the capability to execute the
project. Some additional specific evaluation considerations are listed below. This list is not all-inclusive.

7.2.2. The Government will evaluate clarity and strength of the overall organization, the structure and staffing to
execute the entire scope of work. The Offeror is required to select and commit to design firms to achieve an
“acceptable” rating. Joint venture participant’s contribution to the organization should be commensurate with their
skills and background.
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7.2.3. Technical Approach for Design and Construction: The Government places a higher value on an offer that
provides proposed methods to streamline construction, manage labor and other resource constraints in an effort to
reduce costs and support an aggressive schedule, including such things as fast-tracking, using factory built modules
or assemblies, panelization, pre-cast, tilt-up, standard designs, etc. The Government will also consider whether the
approach reduces on-site craft labor and susceptibility to inclement weather delays.

7.2.4. Collaborative Approach for Design-Build: The use of 3-dimensional (3D) Building Information Model
(BIM) technology in the design process is a requirement. All submitted BIM Models and associated facality data
shall be fully compatible with Bentley BIM file format and the USACE Bentley BIM v8 Workspace. The
Government will evaluate the integration of the design and construction firms and the staff during design and
construction. The constructor must be actively involved in the design process, not just leaving it up to the designer
(see Special Contract Requirement (SCR: “Constructor’s role during Design”). The offeror must have an effective
configuration management system to control and track revisions to the design. The Government will evaluate the
offeror’s understanding of the design process and the roles of the designers of record and the Government reviewers.
The Government will evaluate the role of the designer in maintaining design integrity throughout the process,
including its key roles during construction. The Government places greater value in collaborative development of the
Building Information Model as early as possible during the design and construction process. Additional
consideration will be given to a team that includes as many subcontractors as possible (e.g., the key subs for
electrical and mechanical, the fire protection subcontractor, fabricators, etc.) during design development, prior to
release of the applicable design packages for construction, so that systems and trade coordination can reduce
interferences, increase constructability and speed up construction operations.

7.2.5. Planning and Scheduling: The Government will evaluate the offeror’s scheduling capabilities to manage an
integrated fast track design-build schedule. Additional consideration will be given for teams that provide 4-D
Schedule modeling with demonstrated experience in BIM.

7.2.6. Self-Performed Work: The Government will evaluate the Contractor’s resources to determine if it has the
capability to self-perform the required amount of the project, in accordance with public policy to assure adequate
interest in and supervision of all work. These requirements are outlined in Section 00 73 00.

7.2.7. Quality Control: The Government will evaluate the offeror’s capabilities and understanding of the
contractually required quality control processes for both design and construction. The Government places value
upon continued participation by the designers of record during the construction quality control process. The
Government will evaluate the adequacy of the staffing plan to cover all required tasks and responsibilities.

8.0 TAB D – FACTOR 4 – UTILIZATION OF BENTLEY BIM V8

8.1. SUBMISSION REQUIREMENTS

Provide information that describes the offeror’s ability to utilize Bentley BIM v8, to include experience and number
of qualified users. Limit the information to 2 pages or less.
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8.2 EVALUATION CRITERIA:

8.2.1. This Factor will be evaluated as a Go / No Go factor. Offerors who have the ability and the experience to
utilize Bentley BIM v8 will receive a rating of Go. The Offerors who do not have the capability or experience to
utilize Bentley BIM v8 will receive a No Go rating and will be eliminated from the competition.

9.0 PHASE 1 EVALUATION PROCEDURES

9.1. SOURCE SELECTION EVALUATION BOARD (SSEB)

9.1.1. The SSEB will be established to conduct the evaluation of proposals received in response to this solicitation.
The evaluation will be based on the content of the proposal, proposal corrections and any information obtained from
other sources, e.g. past performance information. The SSEB will not consider any proposal incorporated by
reference, except as expressly allowed by this solicitation.

9.2. EVALUATION

9.2.1. The SSEB will evaluate the proposals and assign a consensus rating for each evaluation factor and sub-factor.
Offerors are cautioned to put forth their best efforts for the Phase 1 submission, and to furnish all information clearly
to allow the Government to determine their performance capability. Offerors should not assume that they will have
an opportunity to clarify or correct anything in their proposal after submitting it in response to Phase 1.

9.2.2. The Government reserves the right to allow proposal corrections, if deemed necessary to determine the most
highly qualified offerors to select for Phase 2.

9.2.3. The Source Selection Authority, independently exercising prudent business judgment, will select up to three
of the most highly qualified offerors to compete during Phase 2.

9.3. DEFINITIONS

9.3.1. Deficiency

A material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a
proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

9.3.2. Weakness

A flaw in the proposal that increases the risk of unsuccessful contract performance.

9.3.3. Significant Weakness

A flaw in the proposal that appreciably increases the risk of unsuccessful contract performance.

9.3.4. Strength

Any aspect of a proposal that, when judged against a stated evaluation criterion enhances the merit of the proposal or
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increases the probability of successful performance of the contract.

9.3.5. Significant Strength

A significant strength appreciably enhances the merit of a proposal or appreciably enhances the probability of
successful contract performance.

9.3.6. Deviation

Proposal implies or specifically offers a deviation below the specified criteria. The offeror may or may not have
called the deviation to the Government’s attention. A deviation is a deficiency. The proposal must conform to the
solicitation requirements for award.

9.4. EVALUATION AND RATING SYSTEM

9.4.1. General: The Government will review the proposals and rate the quality of each evaluation factor. The SSEB
will rate each proposal against the specified evaluation criteria in the Solicitation requirements. They will not
compare proposals at this time. After all proposals are rated, the Government will compare the ratings and relative
advantages and disadvantages of proposals against each other in order to determine which Offerors are the most
highly qualified under Phase 1 to select for participation in Phase 2.

9.4.2. Review Write-up: The Government will support each rating with a narrative, separately listing all strengths or
advantages, weaknesses or disadvantages, deficiencies, and required clarifications.

9.4.3. Rating System: After listing proposal strengths, weaknesses and deficiencies, the SSEB will assign an
adjective rating of “Excellent”, “Good”, “Acceptable”, “Marginal”, “Susceptible to Being Made Acceptable”, or
“Unacceptable” to each factor and sub-factor (except those factors rated as GO/NO-GO), which reflect the
Government's confidence in each offeror's technical ability, as demonstrated in its proposal, to perform the
requirements stated in the RFP. The adjectival ratings shall be assigned, using the following criteria, which
incorporate a proposal risk assessment:

9.4.3.1. Excellent: Proposal has exceptional merit and reflects an excellent approach which will clearly result in the
superior attainment of all requirements and objectives. This clearly achievable approach includes numerous
advantageous characteristics of substance, and essentially no disadvantages, which can be expected to result in
outstanding performance. The risk of unsuccessful performance is very low as the proposal solutions which are
unquestionably feasible and practical. These solutions are further considered very low risk in that they are
exceptionally clear and precise, fully supported, and demonstrate a clear understanding of the requirements. Risk
level: Very Low

9.4.3.2. Good: Proposal demonstrates a sound approach which is expected to meet all requirements and objectives.
This sound approach includes advantageous characteristics of substance, and few relatively minor disadvantages,
which collectively can be expected to result in satisfactory performance. The risk of unsuccessful performance is
low as the proposal contains solutions which are considered feasible and practical. These solutions are further
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considered to be low risk in that they are clear and precise, supported, and demonstrate an understanding of the
requirements. Risk level: Low.

9.4.3.3. Acceptable: Proposal demonstrates an approach which is capable of meeting all requirements and
objectives. The approach includes both advantageous and disadvantageous characteristics of substance, where the
advantages are not outweighed by the disadvantages. Collectively, the advantages and disadvantages are likely to
result in acceptable performance. The risk of unsuccessful performance is moderate, as the proposal solutions are
generally feasible and practical. These solutions are further considered to reflect moderate risk in that they are
somewhat clear and precise, partially supported, and demonstrate a general understanding of the requirements. Risk
Level: Moderate.

9.4.3.4. Marginal: The proposal demonstrates an approach which may not be capable of meeting all requirements
and objectives. The approach has disadvantages of substance and advantages, if they exist, are outweighed by the
disadvantages. Collectively, the advantages and disadvantages are not likely to result in satisfactory performance.
The risk of unsuccessful performance is high as the proposal contains solutions which may not be expected to
feasible and practical. These solutions are further considered to reflect high risk in that they lack clarity and
precision, are generally unsupported, and do not demonstrate a complete understanding of the requirements. Risk
Level: High

9.4.3.5. Susceptible to Being Made Acceptable. Proposal demonstrates an approach which, as initially proposed,
cannot be rated marginal because of error(s), omission(s) or deficiency(ies), which are capable of being corrected
without a major rewrite or revision of the proposal. These solutions are further considered to reflect high to very
high risk in that they lack clarity and precision, are generally unsupported, and do not demonstrate a complete
understanding of the requirements. Risk Level: High to Very High.

9.4.3.6. Unacceptable. The proposal demonstrates an approach which, based on a very high risk, will very likely not
be capable of meeting all requirements and objectives. This approach has numerous disadvantages of substance, and
advantages, if they exist, are far outweighed by disadvantages. Collectively, the advantages and disadvantages will
not result in satisfactory performance. The risk of unsuccessful performance is very high as the proposal contains
solutions which are not feasible and practical. The solutions are further considered to be very high risk in that they
lack any clarity or precision, are unsupported, and do not demonstrate an understanding of the requirement. Risk
Level: Very High.

9.5. PAST PERFORMANCE RISK RATINGS

9.5.1. Risk ratings shall be done for each Past Performance factor. Past Performance Risk Ratings assess the risks
associated with each offeror's likelihood of success in performing the requirements stated in the RFP based on the
offeror's demonstrated performance on recent contracts. SSEB members and the SSA may use personal knowledge
or information from other sources in its evaluation of an offeror’s past performance, provided such information is
consistent with the established evaluation criteria of the RFP. Offerors that have no relevant performance record will
be given a neutral/unknown risk rating for these factors:
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9.5.1.1. Unknown Risk: Offeror has little or no relevant performance record identifiable; equates to an unknown risk
rating having no positive or negative evaluation significance.

9.5.1.2. Low Risk: Little doubt exists, based upon the Offeror’s performance record, that the Offeror can perform
the proposed effort.

9.5.1.3. Moderate Risk: Some doubt exists, based on the Offeror's performance record, that the Offeror can
successfully perform the proposed effort.

9.5.1.4. High Risk: Significant doubt exists, based on the Offeror's performance record, that the Offeror can
successfully perform the proposed effort.
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                                            PHASE ONE - TAB A
                                          PROPOSAL DATA SHEET
                                      SECTION 00 22 10 - ATTACHMENT 1

1. Name of Solicitation:

2. Name of Firm:

 Address:

 Phone:

 Fax:

 E-mail:

DUNS # (used for accessing the Construction Contractor Appraisal Support System (CCASS) or A-E Contractor
Administration Support System (ACASS) Database)

Also provide any other assigned number that identifies the member firm(s) in the ACASS or CCASS databases. If a
separate DUNS has been created for a joint venture (J-V) it must also be submitted. Provide a DUNS number for
each company identified in any proposed Contractor-subcontractor association of firms. If the firm is a joint venture
or contractor-subcontractor association of firms, list the individual firms and briefly describe the nature of the
association. Provide DUNS for each.

 Firm 1:

 Firm 2:

 Firm 3:

 Nature of Association:

3. AUTHORIZED NEGOTIATORS. FAR 52.215-11

The Offeror represents that the following persons are authorized to negotiate on its behalf with the Government in
connection with this Request for Proposals (RFP).

 [List names, titles, and telephone number of the authorized negotiator.]

 Name of Person Authorized to Negotiate:

 Negotiator's Address:

 Negotiator's Telephone:

 Negotiator’s E-mail:
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          COMPANY SPECIALIZED EXPERIENCE - CONSTRUCTION OR PRIME CONTRACTOR
                            SECTION 00 22 10 - ATTACHMENT 2

Provide the following information to show examples of projects your company constructed within the last five years
indicating experience with projects of similar type and scope. Use one form per project.

(a) Type of Facility Represented_____________________________________________________

(b) Your Firm’s Name _________________________________________________________________

(c) Name of Project___________________________________________________________________

(d) Location of Project_________________________________________________________________

(e) Owner __________________________________________________________________________

(f) General Scope of Construction Project ___________________________________________________

____________________________________________________________________________________________
____________________________________________________________________________

(g) Your Role (Prime, Joint Venture, or Subcontractor, etc.) and Work Your Company Self-Performed :

____________________________________________________________________________________________
___

(h) Construction Cost _________________________________________________________________

(i) Extent and Type of Work You Subcontracted Out __________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

(j) Dates Construction: Began___________________ Completed______________

(k) Your Performance Evaluation by Owner, if known ________________________________________

____________________________________________________________________________________

(l) Were You Terminated or Assessed Liquidated Damages? ___________________________________

(If either is “Yes”, attach an Explanation)

(m) Owner’s Point of Contact for Reference (Name and Company) ______________________________

____________________________________________________________________________________
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(n) Current Telephone Number of Reference POC___________________________________________
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      COMPANY SPECIALIZED EXPERIENCE - DESIGN FIRM OR IN-HOUSE DESIGN CAPABILITY
                           SECTION 00 22 10 - ATTACHMENT 3

Provide the following information to show examples of projects your company constructed within the last five years
indicating experience with projects of similar type and scope. Use one form per project.

(a) Type of Facility Represented ____________________________________________________

(b) Your Firm’s Name _________________________________________________________________

(c) Name of Project___________________________________________________________________

(d) Location of Project_________________________________________________________________

(e) Owner __________________________________________________________________________

(f) General Scope of Construction Project ___________________________________________________

_______________________________________________________________________________________

(g) Summary of Your Role in Design of this Project, including implementing LEED

____________________________________________________________________________________

____________________________________________________________________________________

(h) Identify Estimated (“E”) or Actual (“A”) Construction Cost __________________________________

(i) Extent and Type of Work You Subcontracted ______________________________________________

_________________________________________________________________________________________

(j) Dates Design: Began___________________ Completed______________

(k) Dates Construction: Began___________________ Completed______________

(l) Your Performance Evaluation, if known __________________________________________________

Were You Terminated or Assessed Liquidated Damages? ______________________________

(If either is “Yes”, attach an Explanation)

(m) Owner’s Point of Contact for Reference (Name and Company) ______________________________

____________________________________________________________________________________

(n) Current Telephone Number of Reference POC____________________________________
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                  PAST PERFORMANCE EVALUATION TELEPHONE INTERVIEW QUESTIONNAIRE

                                            SECTION 00 22 10 - ATTACHMENT 4

     1. Contractor/Name & Address (City and State):

     2. Type of Contract:       Fixed Price ________ Cost Reimbursement ________

                  Other (Specify) ________________________________

     3. Title of Project/Contract Number:
     ____________________________________________________________________________________________
     ____________________________________________________________________________________________
     ____________________________________________________________________________________________
     ____________________________________________

     4. Description of Work:
     ____________________________________________________________________________________________
     ____________________________________________________________________________________________
     ____________________________________________________________________________________________
     ____________________________________________________________________________________________
     ________________________________

     5. Complexity of Work: High ________ Mid _________ Routine __________

     6. Location of Work:______________________________________________

     7. Date of Award: ________________________

     8. Status:        Active _________ (Please provide percent complete)

     Complete __________ (Please provide completion date)

     9. Name and telephone number of Owner’s Technical Representative:

     QUALITY OF PRODUCT/SERVICE:

     10. Please evaluate the contractor's performance in complying with contract requirements, quality achieved and
     overall technical expertise demonstrated.




Excellent
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Good




Satisfactory




Marginal




Unsatisfactory




       Remarks:
       ____________________________________________________________________________________________
       ____________________________________________________________________________________________
       ____________________________________________________________________________________________
       _______________________________________

       11. To what extent were the contractor’s reports and documentation accurate, complete and submitted in a timely
       manner?




Excellent




Good




Satisfactory




Marginal




Unsatisfactory
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       Remarks:
       ____________________________________________________________________________________________
       ____________________________________________________________________________________________
       ____________________________________________________________________________________________
       _______________________________________

       12. To what extent was the contractor able to solve contract performance problems without extensive guidance from
       Owner counterparts?




Excellent




Good




Satisfactory




Marginal




Unsatisfactory




       Remarks:
       ____________________________________________________________________________________________
       ____________________________________________________________________________________________
       ____________________________________________________________________________________________
       _______________________________________

       13. How well did the contractor manage and coordinate subcontractors, suppliers, and the labor force?




Excellent
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Good




Satisfactory




Marginal




Unsatisfactory




       Remarks:
       ____________________________________________________________________________________________
       ____________________________________________________________________________________________
       ____________________________________________________________________________________________
       _______________________________________

       CUSTOMER SATISFACTION:

       14. To what extent were the end users satisfied with:




                                                               Quality?   Cost?       Schedule?




Exceptionally Satisfied




Highly Satisfied




Satisfied




Somewhat Dissatisfied
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Highly Dissatisfied




     Remarks:
     ____________________________________________________________________________________________
     ____________________________________________________________________________________________
     ____________________________________________________________________________________________
     _______________________________________

     TIMELINESS OF PERFORMANCE:

     15. To what extent did the contractor meet the required schedules?




Completed Substantially Ahead of Schedule




Completed on Schedule with no Time Delays




Completed on Schedule with Minor Delays Under Extenuating Circumstances




Experienced Significant Delays without Justification




     16. Did the contractor obey safety guidelines? Yes______ No_______ Not Sure__________

     17. Did the contractor have any safety violations during performance of the project?

     Yes ________ No________ Not Sure__________

     18. Were the cost of the project exceeded due to the contractor? Yes_______ No_______ Not sure______



     Remarks:
     ____________________________________________________________________________________________
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____________________________________________________________________________________________
____________________________________________________________________________________________
_______________________________________

19. If given the opportunity, would you work with this contractor again?

Yes ___________ No ____________ Not Sure ____________

OTHER REMARKS:

20. Please use the space below to provide other information related to the contractor's performance. This may
include the contractor's selection and management of subcontractors, flexibility in dealing with contract challenges,
their overall concern for the Owner’s interest, project awards received, etc.
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
________________________________

                                     END OF TELEPHONE QUESTIONNAIRE
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                                   LETTER OF COMMITMENT FOR DESIGN FIRM

                                           (USE COMPANY LETTERHEAD)

                                        SECTION 00 22 10 - ATTACHMENT 7

TO: Contracting Officer

SUBJECT: Letter of Commitment for Proposed Contract for ____________________

Dear Sir or Madam:

I hereby make the unequivocal commitment that, in the event of an award of a contract to (Fill in name of Proposer),
that (insert name of design firm) will fulfill the duties of (state role on a project)

Sincerely, (Authorized Official)

Date: __________
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Section 00 22 20 - Phase 2 Design-Build Selection Procedures and Basis of Award

PHASE 2 DESIGN-BUILD SELECTION
                                              SECTION 00 22 20

                                            REV 6.2 - 18 APR 2008

              PHASE 2 DESIGN-BUILD SELECTION PROCEDURES AND BASIS OF AWARD

1.0 OVERVIEW

2.0 BASIS OF AWARD

3.0 NOT USED

4.0 PHASE 2 PROPOSAL CONTENTS AND RELATED EVALUATION FACTORS, SUBFACTORS AND
ELEMENTS

5.0 VOLUME 1 – FACTOR 1 – DESIGN TECHNICAL

5.1 GENERAL

5.2 VOLUME 1-TAB A – SUBFACTOR 1 – BUILDING FUNCTIONAL, AESTHETICS AND SPACE

5.3 VOLUME 1-TAB B – SUBFACTOR 2 – QUALITY OF BUILDING SYSTEMS AND MATERIALS

5.4 VOLUME 1-TAB C – SUBFACTOR 3 – SITE DESIGN

5.5 VOLUME 1-TAB D – SUBFACTOR 4 – SUSTAINABILITY REQUIREMENTS

6.0 VOLUME 2 - FACTOR 2 – REMAINING PERFORMANCE CAPABILITY PROPOSAL

6.1 VOLUME 2 - TAB A– SUBFACTOR 1– PROPOSED CONTRACT DURATION AND SUMMARY
SCHEDULE

6.2 VOLUME 2 - TAB B– SUBFACTOR 2– KEY SUBCONTRACTORS

6.3 VOLUME 2 - TAB C– SUBFACTOR 3–UTILIZATION OF SMALL BUSINESS CONCERNS

7.0 VOLUME 3 – PRICE AND PRICE RELATED INFORMATION

7.1 GENERAL

7.2 TAB A – FACTOR 5 – PRICE (STANDARD FORM 1442 AND CONTRACT LINE ITEM SCHEDULE)

7.3 TAB B – BID GUARANTEE

7.4 TAB C – REQUIRED PRE-AWARD INFORMATION
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7.5 TAB D – EVIDENCE OF BONDABILITY

7.6 NOT USED

8.0 EVALUATION PROCEDURES

8.1 GENERAL

8.2 DISCUSSIONS (IF NECESSARY)

8.3 PHASE 1 PROPOSAL

PHASE TWO – SECTION 00 22 20 ATTACHMENTS

 8 – FORMAT FOR TABLE OF FACILITIES

 9 – FORMAT FOR TABLE OF SPACES

 10 – COMPANY SPECIALIZED EXPERIENCE KEY SUBCONTRACTOR (OR PRIME IF WORK NOT TO
 BE SUBCONTRACTED)

 11 – LETTER OF COMMITMENT FOR KEY SUBCONTRACTORS

 12 – PRICING TEMPLATE
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    1.0 OVERVIEW

    Those Offerors selected in Phase 1 are invited to submit a Phase 2 proposal, as indicated below. The Government
    will evaluate the proposals in accordance with the evaluation criteria described herein, using the evaluation rating
    systems outlined in the Phase 1 Design-Build selection procedures. Price information will be evaluated for fairness,
    reasonableness, and for material unbalancing, as described herein. The Phase 2 evaluation will be conducted in
    accordance with FAR Part 15.

    2.0 BASIS OF AWARD

    2.1. The Contracting Officer will award a firm fixed-price contract to that responsible Phase 2 Offeror whose
    proposal the Source Selection Authority determines conforms to the solicitation, is fair and reasonable, and offers the
    best overall value to the Government, considering the non-price factors described herein, and price. All evaluation
    factors, other than price, when combined, are considered significantly more important than the price. The
    intent of this solicitation is to obtain the best proposal within the cost limitation. There is no obligation to
    approach or match the cost limitation in the offer. After the Government individually evaluates and rates each
    proposal, the Source Selection Authority will compare proposals to determine which proposal represents the best
    value. The Government reserves the right to accept other than the lowest priced offer or to reject all offers. The
    Government will not award a contract to an Offeror whose proposal contains a deficiency, as defined in FAR 15.001.
    If there is a lower priced, conforming offer(s), the Source Selection Authority must determine that the added value of
    a more expensive proposal would justify award to that Offeror.

    2.2. As part of the evaluation, the Government will evaluate betterments in proposals relative to the minimum
    standards in the RFP to determine if they offer additional value to the Government. In addition, innovations in
    proposals will be evaluated to determine if creative ideas of the Offeror are a better value to the Government
    compared to the minimum criteria

    3.0 NOT USED

    4.0 PHASE 2 PROPOSAL CONTENTS AND RELATED EVALUATION FACTORS, SUBFACTORS AND
    ELEMENTS AND SUBFACTORS

    (VOLUME 1 – DESIGN TECHNICAL)


Factor/Sub-factor   Location               Description                                   Relative Importance




FACTOR 1                                   DESIGN TECHNICAL                              Most Important Factor
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Sub-factor 1        Vol. 1 TAB A   Building Functional, Aesthetics and Space         Not separately Rated




Sub-factor 2        Vol. 1 TAB B   Quality of Building Systems and Materials         Not separately Rated




Sub-factor 3        Vol. 1 TAB C   Site Design                                       Not separately Rated




Sub-factor 4        Vol. 2 TAB D   Sustainability                                    Not separately Rated




    (VOLUME 2 – REMAINING PERFORMANCE CAPABILITY AND SMALL BUSINESS UTILIZATION)

Factor/Sub Factor   Location       Description                                       Relative Importance




FACTOR 2                           REMAINING PERFORMANCE CAPABILITY                  2nd Most Important Factor (slightly less
                                                                                     important than Factor 1)




Sub-factor 1        Vol. 2 TAB A   Proposed Contract Duration and Summary Schedule   Not separately Rated




Sub-factor 2        Vol. 2 TAB B   Key Subcontractors                                Not separately Rated




Sub-factor 3        Vol. 2 TAB C   Utilization of Small Business Concerns            Not separately Rated




    (VOLUME 3 – PRICE AND PRICE RELATED INFORMATION)

Factor/Sub-factor   Location       Description                                       Relative Importance
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FACTOR 3              Vol. 3 TAB A            Price (Standard Form 1442 and Proposal Bid    3rd Most Important Factor (slightly less
                                              Schedules)                                    important than Factor 2)




N/A                   Vol. 3 TAB B            Bid Guarantee                                 Not Rated




N/A                   Vol. 3 TAB C            Required Pre-Award Information                Not Rated




      5.0 VOLUME 1 – FACTOR 1 – DESIGN- TECHNICAL

      5.1. GENERAL: The design-technical Factor consists of conceptual level presentation drawings, technical approach
      narratives and information regarding material and system quality. It must clearly define the proposed scope and
      quality levels that the design-build team is offering to the Government in enough detail for the Government and the
      Offeror to mutually understand whether or not the proposal meets or exceeds the minimum Solicitation requirements.
      Fully developed drawings, details, or specifications are not desired or required. The Offeror shall identify what it
      considers to be Betterments in its proposal for Sub-factors 1-4 (See Section 00 73 00, SCR “Proposed Betterments“).
      Note that the Government will not evaluate any material that exceeds the page limits, where indicated below.

      5.2. VOLUME 1 - TAB A –SUBFACTOR 1 - BUILDING FUNCTIONAL, AESTHETICS AND SPACE

      5.2.1. Submission Requirements:

      5.2.1.1. Presentation Drawings:

      (a) Provide presentation Exterior Elevation(s) of the primary elevation(s) of the Ft Stewart Fire Station clearly
      noting proposed materials and colors.

      (b) Provide at least one (1) Exterior Perspective Rendering for the Ft Stewart Fire Station with enough detail to aid
      in the evaluation of the exterior building aesthetics, as described in paragraph 5.2.2.2 (a), below. Rendering should
      be at least 12" x 17" in order to show a detailed perspective view of the building

      (c) Provide typical building or wall section(s) with appropriate details the Ft Stewart Fire Station to depict proposed
      story height.

      (d) Provide architectural floor plans of each floor of the Ft Stewart Fire Station. Plans will be directly extracted
      from a BIM model developed by the Offeror. The BIM model is only required to include enough salient
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architectural features to allow the extraction of architectural floor plans. The BIM model used to extract the plans
shall conform to Section 01 33 16, Appendix F.

(e) Provide the electronic BIM model files, extraction files, and sheet files used in the development of the floor
plans required by Para 5.2.1.1 (d) above. Provide an electronic copy of the USACE workspace used to develop the
BIM model. Provide the electronic files on a DVD in their native format.

(f) A color board including primary interior and exterior finish materials.

5.2.1.2. Technical Approach Narratives

Provide technical approach narratives, both qualitative and quantitative, defining the elements of the proposal.
Preface the narratives with a design concepts narrative, providing the design rationale and basis of the proposal.

(a) Minimum Space and Facility Size. Describe the spaces provided for each facility, in accordance with Section 01
10 00, Statement of Work of the Division 01 documents, which will be provided in the Phase 2 RFP. As a minimum,
include a tabulation of the net square footage for rooms, zones, or other areas, the total gross square footage for each
floor of each facility, and the total gross square footage for each facility to clearly demonstrate compliance with the
project requirements. See the sample spreadsheets at the end of this section attachments 8 and 9.

(b) Architectural Theme and Materials. This narrative shall be no longer than three (3) typewritten pages. Describe
the architectural themes of the various facilities and spaces which demonstrate how the proposal achieves the results
desired by the Statement of Work. Narrative should address how the selection of materials and colors enhances the
exterior and interior aesthetics of the facilities and improves the living and/or working conditions for the soldier
populations who will utilize the facilities. This narrative is not intended to be a material listing, but to explain/reflect
how the selections were made and how they address the requirements.

5.2.2. Evaluation Criteria:

The following three elements are equal in importance (not rated separately).

5.2.2.1. Building Functional Arrangement: This element considers the overall functional layout (Floor Plan) and
interaction of the spaces in the facility as well. This element considers the planning and design of the spaces with
respect to soldier/occupant working conditions and the operations of the facility.

The following criteria will be considered in the evaluation of the functional arrangement of the various facilities:

(a) How well the floor plan responds to the Functional Relationship requirements described in the Statement of
Work.

(b) How well the floor plan and space arrangement facilitate work flow and access necessary to successfully operate
this facility in accordance with its mission.

(c) Do the facilities provide acceptable life safety and fire safety measures?
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(d) Do the proposed plans demonstrate compliance with the mandatory requirements for circulation, furnishings ,
equipment, and other specifically identified items in the Statement of Work?

5.2.2.2. Building Aesthetics: This element considers the overall “appeal” of the facility and the desire that both the
interior and exterior of the facilities present a professional, attractive appearance. The following two areas will be
considered under this element and are equal in consideration (not separately rated):

(a) Exterior Considerations:

• Proposals shall be evaluated on design of facades, roof lines, delineation of entrances, proportions of fenestration
in relation to elevations, shade and shadow effects, materials, textures, exterior color schemes.

• Is the buildings scale and proportion complimentary of the adjacent structures?

• Is the building an attractive addition to the Installation?

• How well does the building harmonize with its environment, including surrounding facilities?

• Has the proposer addressed/coordinated the arrangement of stacks, louvers, vents, and roof mounted equipment,
etc. to provide a visually attractive structure?

(b) Interior Considerations:

• Are the proposed colors and material finishes conducive to the working environment of the facility?

• For administrative areas, does the interior design provided establish a positive working environment?

• Has the proposal addressed/provided for natural and artificial light in the living and working spaces and is the
arrangement of fenestration and lighting fixtures in the spaces conducive to furniture placement and space usage?

• Do the proposed ceiling material, elevation, and design enhance the environment?

• Has “support item” placement been considered and addressed in the proposal to enhance the environment? For
example: placement of supply/exhaust devices, placement of electrical panels, and placement of exhaust fans, etc.

• Does the proposal provide for acoustic control of noise from service/support spaces to administrative areas?

5.2.2.3. Minimum Space and Facility Size

The proposal must include all the mandatory spaces in response to the requirements set forth in Section 01 10 00,
Statement of Work. For this element, proposals will be evaluated on compliance with these requirements. Proposals
shall identify any individual areas which are less than the required areas and describe how such deviation would
enhance the building function. Individual areas may slightly exceed the requirements, so long as building function is
not compromised elsewhere and as long as the overall square footage is not greater than that as described in Section
01 10 00, of the Phase 2 RFP.
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5.3. VOLUME 1- TAB B – SUBFACTOR 2 - QUALITY OF BUILDING SYSTEMS AND MATERIALS

5.3.1. General. As part of this Sub-factor, the Government has identified certain items as desirable features or
preferable items. Desirable features are identified in Para 5.3.3, the Evaluation Criteria. Preferable items are listed
in order of priority. These items, along with any Offeror-identified betterment, will be given additional consideration
during the evaluation process, provided that they are included within the contract cost limitation (CCL) identified in
the Solicitation.

5.3.2. Submission Requirements:

5.3.2.1. Presentation Drawings

(a) There are no specific drawings requirements for this Sub-factor. However, the Offeror has the option of
providing concept level drawing information for specific materials and/or systems which the Offeror feels are
necessary to describe the proposed systems or materials.

5.3.2.2. Technical Approach Narratives:

Provide technical approach narratives, both qualitative and quantitative, defining the elements of the proposal. It is
acceptable to include all the sub-items shown below into a single combined narrative for the entire facility. It is the
responsibility of the proposer to ensure that all aspects identified in the evaluation criteria below are addressed.
Whether individual narratives or a single combined narrative is provided, the maximum total length for narratives
shall be ten (10) typewritten pages.

(a) Architectural Finishes: Describe how the materials selected provide for a suitable environment for the expected
population of the facility. Discuss how these selections provide value to the Government and how they address the
minimum requirements of the solicitation. Narrative should focus on durability and maintenance of the finishes
proposed.

(b) Not Used

(c) Mechanical Systems: Describe how the mechanical systems selected provide for a highly efficient
environmental control system including information about provisions for indoor air quality maintenance. Discuss
how these selections provide value to the Government and how they address the minimum requirements of the
solicitation. Narrative should focus on maintenance considerations, limiting energy consumption, and suitability of
the proposed systems for the expected usage.

(d) Plumbing Systems: Describe how the plumbing systems selected provide for a highly efficient domestic hot
water system and an efficient piping system. Discuss how these selections provide value to the Government and
how they address the minimum requirements of the solicitation. Narrative should focus on maintenance
considerations, energy consumption, and suitability of the proposed systems for the expected usage.

(e) Electrical Systems: Describe how the electrical power and lighting systems, telephone, data, and cable television
systems selected provide for a highly efficient electrical system. Discuss how these selections provide value to the
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Government and how they address the minimum requirements of the solicitation. Narrative should focus on
maintenance considerations, energy consumption, and suitability of the proposed systems for the expected usage.

(f) ATFP Considerations: Describe how the proposed materials, systems, and designs address the mandatory
building ATFP requirements included in the Statement of Work.

(g) Site Utilities and Site Systems: Describe how the site utility systems selected provide for an efficient piping
system. Discuss how these selections provide value to the Government and how they address the minimum
requirements of the solicitation. Narrative should focus on maintenance considerations and suitability of the
proposed systems for the expected usage. Include information regarding coordination with privatized utility
providers where applicable.

(h) Interoperability: Describe how systems integrated into the new facilities which require connection and interface
with existing Installation wide systems will be accommodated in the proposed project. Narrative should address the
following systems as minimum: Fire Alarm, Telephone, Cable Television, UMCS, and privatized utility companies
where applicable.

5.3.2.3. Proposed Material Identifications: In order to evaluate and rate the quality of the materials being proposed,
including any material or equipment warranties exceeding the one year warranty in the contract clause “Warranty of
Construction”, the Offeror shall include in the proposal material identification for major materials in each of the
areas shown below. Provide this information tabular form supported, if necessary to clearly identify level of
proposed quality, by catalog information (may provide on CD-ROM). Table should include manufacturer’s name,
model number, length of warranty, size/capacity (where available), efficiency (where applicable), and any other
notes or information selected by the Offeror. The Government will evaluate and consider materials and equipment
proposed by brand name and model number as a quality standard. Unless substitution of a manufacturer, brand name
or model is otherwise specifically prohibited in the contract, if the successful Offeror desires to substitute
manufacturers, brand names or models after award, the substituted product must meet the contract requirements and
be approved by the designer of record and the Government as equal in function, performance, quality and salient
features to that initially proposed. Acceptance of the proposal is not a guaranty that the proposed products meet the
contractual requirements.

(a) Architectural Finishes

• Interior Walls

• Floors

• Ceilings

• Exterior Walls

• Any Special Features

• Hardware systems (not individual hardware sets)
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     • Door systems/types (not individual doors)

     • Window systems/types (not individual windows)

     • Roofing Systems

     (b) Not Used

     (c) Mechanical Systems

     • Central Heating/Cooling Equipment

     • Pumps

     • Air Handling Equipment

     • HVAC System Control Equipment

     • Energy Conservation Features

     (d) Plumbing Systems

     • Fixtures

     • Domestic Hot Water Generator

     (e) Electrical Systems

     • Lighting Fixtures

     • Main Switchgear and Panels

     • Data, Telephone, Cable TV, Intercom, CCTV, or Other Special Systems as Identified in the SOW

     5.3.2.4. Provide a list of quality improvements that are above the minimum stated with the performance
     specifications. Develop the following table, or similar, to identify quality betterments.




                  Improved Quality       Concise description of improved quality          Feature is included within the Contract


                                                                                          Cost Limitation – YES/NO




Arch. Finishes    N/A                    N/A
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Etc.




       5.3.3. Evaluation Criteria:

       5.3.3.1. General: It is the Army's objective that these buildings will have a 25-year useful design life before a
       possible reuse/repurpose or renovation requirement, to include normal sustainment, restoration, modernization
       activities and a 50-year building replacement life. Within that overriding theme the Government will evaluate the
       Offeror selected systems and components proposed in terms of warranties provided, maintenance considerations
       (frequency, estimated cost, access, equipment locations), operability (ease of use, placement of control features,
       simplicity), durability (withstand troop/occupant usage, ease of cleaning), sustainability, and energy consumption
       (HVAC, lighting, power). The minimum acceptable level of quality for finishes and materials for these buildings are
       those materials suitable for the expected population and usage. Residential or similar grade finishes and
       materials are not acceptable for inclusion in these buildings.

       5.3.3.2. The Government encourages the Offeror to place emphasis on those design features which optimize and
       emphasize functional/operational requirements; interior/exterior finishes and systems; and life cycle/ energy
       efficiency. The Offeror may choose the lowest “Type of Construction” allowed by the Building Code for this
       occupancy/project and put the money into durable finishes and efficient systems. The features that the Government
       has identified in Section 01 10 00 of the Phase 2 RFP as desirable features will be given additional consideration in
       the evaluation. The items that the Government has identified in paragraph 5.3.1 as preferable will also be given
       additional consideration during the evaluation process, provided that they are included within the contract cost
       limitation identified in the Solicitation. Offeror-identified betterments may also be given additional consideration
       during the evaluation process, provided that they are included within the contract cost limitation identified in the
       solicitation. The order of importance for rating purposes is as follows: desirable features, preferable items and other
       Offeror identified betterments. Unsubstantiated claims or narrative information will not be given evaluation credit
       during the evaluations. The following elements (not rated separately) will be considered in the evaluation of the
       building systems and materials of the various facilities:

       (a) Architectural Finishes, Components and Systems:

       Satisfactory proposals include finishes, components and systems which provide usable spaces for the intended
       purposes that provide the basic function necessary. Proposals will receive additional consideration for materials
       and systems offered that include extended warranties, longer life expectancies, sustainability, durability
       (stand up to personnel usage), have low maintenance requirements, and enhance the overall life cycle cost
       efficiency of the facility.

       Specific examples of desirable features: solid wood cabinetry; solid surface counter tops; ceramic tile; 25 year non-
       pro-rated, no-leak roof warranty; high efficiency windows and doors.
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(b) Furniture Systems: Not Used

(c) Mechanical Components and Systems:

Satisfactory proposals include components and systems that provide the basic environmental control function
necessary. Proposals will receive additional consideration for components and systems offered that include extended
warranties, longer life expectancies, reduce energy consumption, sustainability, maintainability (cyclical
maintenance, access, equipment placement), and enhance the overall life cycle cost efficiency of the facility.

Specific examples of desirable features: sheet metal ductwork systems; high efficiency central equipment (i.e. 0.5
kW/ton chillers, variable speed pumping and air handlers, etc.)

(d) Plumbing Components and Systems:

Satisfactory proposals include components and systems that provide the basic function necessary. Proposals will
receive additional consideration for components and systems offered that include extended warranties, longer life
expectancies, sustainability, durability (stand up to personnel usage), have low maintenance requirements, and
enhance the overall life cycle cost efficiency of the facility.

Specific examples of desirable features: lifetime domestic hot water storage tank warranty; high efficiency
equipment; easy/local availability of replacement/repair parts; zoned/valved sub-systems to allow repair without
building shutdown; shower heads on hoses.

(e) Electrical Components and Systems:

Satisfactory proposals include components and systems that provide the basic function necessary. Proposals will
receive additional consideration for components and systems offered that include extended warranties, longer life
expectancies, sustainability, durability (stand up to personnel usage), have low maintenance requirements, and
enhance the overall life cycle cost efficiency of the facility.

Specific examples of desirable features: all copper conductors; additional telephone/data/cable TV outlets.

(f) ATFP Considerations: This consideration verifies the inclusion/compliance with the building related (laminate
windows, design for progressive collapse, etc.) ATFP minimum standard constraints included in the Statement of
Work. All proposals must be compliant with the ATFP requirements of the Statement of Work to be considered for
award.    Satisfactory proposals are compliant with all ATFP requirements.

(g) Site Utilities Components and Site Systems

Satisfactory proposals include components and systems that provide the basic function necessary. Proposals will
receive additional consideration for components and systems offered that include extended warranties, longer life
expectancies, sustainability, have low maintenance requirements, and enhance the overall life cycle cost efficiency of
the facility.
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Specific examples of desirable features: enhanced parking/roadway construction/surfaces; sidewalks above the
minimum size and construction required; corrosion resistance; valves for isolation/repair of fluid systems; placement
to allow future replacement/maintenance without significant impact to other systems or access to facilities

(h) Interoperability: Fire Alarm, Telephone, Cable Television, UMCS, and privatized utility systems (where
applicable) must be integrated into the new facilities which require connection and interface with existing
installation-wide systems must be accommodated in the proposed project.

(i) Energy Conservation: Proposals will receive an acceptable rating if they describe a feasible strategy to
achieve 30% savings over ANSI/ASHRAE/IESNA Standard 9.01 in the proposed project.

5.4. VOLUME 1 - TAB C – SUBFACTOR 3 – SITE DESIGN

5.4.1. Submission Requirements:

5.4.1.1. Presentation Drawings:

(a) Conceptual Site Plans showing improvements for grading, drainage, power, utilities, buildings, paving, walks,
site lighting, and landscaping. Indicate all building setbacks and separations, which must meet antiterrorism design
requirements.

(b) Schematic site/land-use plan showing facility placement and orientation, vehicular circulation, pedestrian
circulation, and other site improvements. This plan should demonstrate soldier/occupant considerations in the site
design and the advantages included in the proposal with respect to pedestrian and vehicle circulation within the site
and integration into the surrounding community.

5.4.1.2. Technical Approach Narrative:

Provide technical approach narrative, both qualitative and quantitative, defining the elements of the proposal.
Preface the narratives with a design concepts narrative, providing the design rationale and basis of the proposal. It
is acceptable to include all the sub-items shown below into a single combined narrative for the entire project. It is
the responsibility of the proposer to ensure that all aspects identified in the evaluation criteria below are addressed.
Whether individual narratives or a single combined narrative is provided, the maximum total length for narratives
shall be five (5) typewritten pages.

(a) Grading

• Cut/Fill Considerations

• Positive Drainage

(b) Landscaping

• Plant Material Selection
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• Other Feature Selection

(c) Pedestrian Circulation

• Development of Circulation Patterns

• Way Finding Between Facilities

• Separation from Vehicular Circulation

(d) Vehicle Circulation

• Development of Circulation Patterns

• Parking Locations and Quantities

• Interface with Existing Street/Roadway Systems

(e) Anti-Terrorism/Force Protection

• Compliance with the Statement of Work Requirements.

5.4.2. Evaluation Criteria:

5.4.2.1. This Sub-factor considers the overall layout of the site and the various specialties which define a workable,
pleasing environment for the soldiers/occupants. The proposed site development plan must incorporate all the
specific requirements from the Statement of Work as well as comply with all statutory and regulatory requirements
outlined therein. All site related ATFP considerations must be included and/or addressed in the proposal.

Elements one (1) and two (2) below are equal in importance and are not separately rated. Element (3) is not
separately rated but must meet the Solicitation requirements to be rated acceptable.

(1)      Grading and Landscaping: Acceptable proposals include reasonable amounts of cut/fill and regrading as
necessary to ensure proper drainage and positive drainage away from facilities and parking areas. Landscaping
provided would be the minimums required by the Statement of Work. Proposals which include innovative solutions
to storm water management, landscaping to enhance the complex environment, or other similar improvements
beyond the basic requirements will receive additional consideration during the proposal evaluation process.

(2)      Pedestrian and Vehicle Circulation and Storage: Acceptable proposals address and include all the specific
requirements of the Statement of Work.

The following items will be considered with respect to pedestrian and vehicle circulation and storage. These are not
sub-factors.

Pedestrian Considerations:
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• Are all parking areas served by sidewalks?

• Are all facility entrances/exits served by a paved sidewalk system?

• Does the proposed sidewalk system provide direct, convenient access to all facilities?

• Is the new sidewalk system an extension of the existing adjacent sidewalk system?

• Are sidewalk systems enhanced by appropriate landscaping?

Vehicle Considerations:

• Are the vehicle entrance/exit ways pathways clear?

• Have a sufficient number of parking spaces for privately owned vehicles (POV) been provided?

• Do the new vehicle roadways and access points tie into the existing roadway network in an efficient manner?

• Does the proposal provide for a separation of parking area entrance/exits from street intersections?

• Internal circulation patterns within the parking areas.

(3) ATFP Considerations: This element verifies the inclusion/compliance with the site related (setbacks) ATFP
constraints included in the Statement of Work. All proposals must be compliant with the ATFP requirements of the
Statement of Work to be considered for award. Satisfactory proposals are compliant with all ATFP requirements.
This is a mandatory requirement to be rated as acceptable.

5.5. VOLUME 1 - TAB D – SUBFACTOR 4 – SUSTAINABILITY REQUIREMENTS

5.5.1. Submission Requirements:

The Offeror shall acknowledge that it understands the contract requirements for sustainable design and construction
and that the final project will achieve a LEED Silver rating. The Offeror shall submit LEED-NC v 2.2 Project
Checklist for each non-exempt facility demonstrating how it will achieve the Silver LEED rating. If the Offeror
proposes a higher LEED rating than silver, the proposal shall describe whether or not it involves additional costs and
clearly indicate if such costs would detract from higher rated factors herein, such as functionality, quality of materials
and systems, site work, etc.

5.5.2. Evaluation Criteria:

All requirements identified as mandatory in Section 01 10 00 or elsewhere in the Solicitation must be included and
the proposal must meet the requirements of the LEED-NC v 2.2 requirements for a Silver rating. The Government
will provide additional evaluation consideration for proposals which include LEED points identified as preferred.
The Government does not desire to pay more to obtain a higher LEED rating, such as Gold, if the additional cost
would detract from the higher rated factors, herein.
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6.0 VOLUME 2 - FACTOR 2 – REMAINING PERFORMANCE CAPABILITY PROPOSAL

6.1. VOLUME 2 - TAB A – SUBFACTOR 1 – PROPOSED CONTRACT DURATION AND SUMMARY
SCHEDULE

6.1.1. Submission Requirements:

6.1.1.1. Proposed Contract Duration: The Offeror shall propose the contract duration in the appropriate Contract
Line Item Number in the CLIN Schedule, not to exceed the maximum contract duration specified in the CLIN.

6.1.1.2. Summary Schedule: Submit a summary level schedule for integrated design and construction. Schedules or
diagrams may be provided separately in a size that is easily read, but shall be bound and clearly labeled as Tab A.
This summary schedule will, after contract award, be replaced with a project schedule as required by Section 01 32
01.00 10: Project Schedule. The summary schedule shall be task oriented, indicating the number of calendar days,
after notice to proceed, by which milestones are to be achieved. Offeror may use a critical path or other method of
his choice; however, schedules shall be graphically represented. The proposed project schedule shall reflect the
proposed contract duration. Give attention to the following features:

(a) Provide a narrative, describing the design packaging plan for separate design packages, based on the Offeror’s
plan for fast tracking. Describe all design and construction to be “fast-tracked” (see section 01 33 16: Design After
Award). If long lead item equipment must be ordered prior to completion of a design phase, describe the
requirement in the narrative and show the required ordering date in the schedule.

(b) Show the design phase, including events associated with coordinating the interim and final design submittals for
each package and the proper handling of the review comments for each design package (See section 01 33 16).

(c) Show the overall construction phase for each facility, for the site work, and for utilities. Show fast track starts for
design packages but it isn’t necessary to show the detailed breakdown construction (e.g., by trades) of each facility,
site work and utilities.

(d) Show turnover of each facility. Identify any proposed phased turnovers. The time to complete the facility and
turnover to the Government must consider the requirement for the Contractor’s CQC completion inspection and the
subsequent joint Contractor-Government turnover inspection.

(e) Show as-built submissions (See section 01 78 02.00 10: Project Closeout).

(f) Constraints: Offeror must demonstrate the capability and flexibility to plan and schedule the complete project to
meet the proposed contract completion period. Clearly identify any constraints on the schedules presented (e.g.,
labor or material availability, permits, weather, etc.). Indicate the anticipated overall critical path on the schedule.

6.1.2. Evaluation Criteria:

6.1.2.1. Proposed Contract Duration: This duration will become the contractually binding completion period. The
Government will evaluate the contract duration, as proposed by the Offeror in the Contract Line Item Schedule, not
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to exceed the maximum allowed duration of 540 days. In assessing the reasonableness of the proposed contract
duration, the Government may take into account how well the proposed summary schedule supports the proposed
duration, as well as use other information, such as but not limited to independent judgment concerning logic,
constraints and typical construction durations. The Government will rate a proposed contract duration matching the
maximum allowed contract duration as “acceptable” A proposed contract duration shorter than the maximum
allowed duration will receive additional rating consideration, provided it is realistic and deemed to be achievable.
The Government will consider an unreasonably condensed contract duration, which places additional cost or
schedule risk on the Government or which may create a risk of contract or performance failure, as a significant
weakness or a deficiency, depending upon the evaluators' judgment. During the subsequent comparison between
proposals, differences between proposed contract durations of at least three weeks (differences of 21 calendar days
between proposals) will be considered an advantage to the Government, with greater differences also considered,
accordingly. No advantage will be considered between proposals for differences less than 21 calendar days.

6.1.2.2. Summary Schedule: The Government will evaluate the summary schedule for integrated design and
construction. The length of the schedule must match the Offeror’s proposed contract duration. If it is shorter than the
proposed contract duration, it offers no advantage to the Government because it is non-binding, only representing a
preliminary planned schedule. A schedule shorter than the proposed contract duration may indicate the Offeror is
placing additional risk on the Government for any delays between the scheduled completion date and the required
contract completion period. Both parties shall assume field overhead costs are included in the contract price for the
full proposed contract duration. Therefore, the Government believes that there is no valid need to shorten the
schedule less than the full proposed contract duration. The Government will evaluate the schedule to assess the
strength of understanding of the project scope, restrictions which must be considered in the schedule e.g., permitting
(see section 01 10 00), long lead items, etc. The Government will evaluate the strength of understanding of events
associated with coordinating design submittals, reviews and incorporating review comments, the Offeror's capability
to schedule the complete project within the proposed contract duration and the realism of the schedule. The
Government will evaluate the design packaging plan for logic, reasonableness, how it facilitates meeting the
proposed contract duration and how it facilitates the Government’s ability to timely perform its design reviews. The
packaging plan should minimize risk to the Contractor and to the Government for tear-out and coordination for
reviews. For example, is the footing and foundation plan based on adequate design for building loads; etc.? A
schedule that offers advantage(s) to the Government over one that merely indicates an adequate understanding of the
scope, restrictions, major milestones and general understanding of the various events that can affect start and
completion of construction will receive additional consideration.

6.2. VOLUME 2 - TAB B– SUBFACTOR 2– KEY SUBCONTRACTORS

6.2.1. Submission Requirements:

Identify the Key Subcontractors chosen for mechanical and electrical installation, describing the extent of their
involvement in the project. If the project includes multiple facility types or multiple facilities, also identify any
subcontractor(s) that will act as a general contractor on one or more of the facilities or facility types and describe the
extent of their involvement in the project. Submit no more than five (5) Specialized Experience forms (attachment
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10) for each Key Subcontractor, using the same requirements as described in the Phase 1 Specialized Experience
submission requirements. The ratings may be from either the owner or the prime contractor, if the firms were
subcontractors on the cited projects. The Offeror shall document unequivocal teaming arrangements with its key
subcontractors. Use the Letter of Commitment (attachment 11) at the end of this section. INCLUDE Letter of
Commitment for design Firm (attachment 5 in Section 00 22 10).

6.2.2. Evaluation Criteria:

6.2.2.1. This Subfactor is composed of Specialized Experience.

6.2.2.2. The Government will evaluate the specialized experience of the Key Subcontractors for electrical and
mechanical installation, using the same criteria as in the Phase 1 evaluation, as applicable to their role on this project.
After award, the Section 00 73 00 Special Contract Requirement Key Personnel, Subcontractors and Outside
Consultants will apply to the selection, which establishes the minimum quality standard. No substitution will be
allowed without adequate reason and possible consideration to the Government.

6.3. VOLUME 2 - TAB C– SUBFACTOR 3–UTILIZATION OF SMALL BUSINESS CONCERNS

6.3.1. Submission Requirements: All offerors, are required to submit the following:

6.3.1.1. Past performance of offerors in complying with the requirements of 52.219-8, Utilization of Small Business
Concerns. The offeror shall provide any information substantiating the offeror’s track record of utilizing small
business/HBCU/MI on past contracts. Provide descriptive information for all small business categories. Any
information concerning long-term relationships with Small Business subcontractors, such as mentor-protégé
relationships, should be provided.


6.3.1.2. Approach to maximizing subcontracting opportunities for small business concerns. The offeror shall
provide its approach to maximizing subcontracting opportunities, taking into consideration the USACE Small
Business goals provided at Section 00 21 00, paragraph 1.14 as well as clause 52.219-8, Utilization of Small
Business Concerns. Provide the names of SB, VOSB, SDVOSB, HUBZone SB, SDB, WOSB, or HBCU/MIs who
would participate in the proposed contract, identifying specific components to be produced or services to be
performed by them, and the estimated total dollars of such work.


6.3.1.3. Approach to Timely Payment: Provide your approach to establishing procedures to ensure the timely
payment of amounts due pursuant to the terms of your firms subcontracts with small business concerns, veteran-
owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business
concerns, small disadvantaged business concerns, women-owned small business concerns, Historically Black
Colleges or Universities, and Minority Institutions.



6.3.2. Evaluation Criteria:

6.3.2.1. The following shall be evidence of small business participation:
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(a) Past performance of offerors in complying with the requirements of 52.219-8, Utilization of Small Business
Concerns;


(b) Approach to maximizing subcontracting opportunities for small business concerns, to include the extent of
commitment to use such firms (enforceable commitments will be weighted more heavily than non-enforceable ones)
in terms of the value of the total acquisition and the extent to which the Offeror provides detailed
explanations/documentation supporting the proposed participatin percentages, or lack thereof;


(c) Approach to timely payment. This includes that timely payment to subcontractors will be made within seven
days after receipt of government payment to the prime. See FAR 52-232-27(c).



7.0 VOLUME 3 – FACTOR 3 – PRICE AND PRICE RELATED INFORMATION

7.1. GENERAL

Submit the Price Related information in a separate envelope labeled: “Phase 2, Volume 3 – Price and Price Related
Information.”

7.2. TAB A – FACTOR 3 – PRICE (STANDARD FORM 1442 AND FIRE STATION PRICING TEMPLATE).

7.2.1. Submission Requirements:

7.2.1.1.Submit the properly filled out and executed SF 1442, along with the Pricing Template, containing proposed
line item and total pricing, as well as the proposed contract duration. See instructions in Section 00 21 00,
“Instructions, Conditions, and Notices to Offerors”.

7.2.1.2. Supplemental Price Breakdown. The Government requests a Phase 2 price breakdown of the Contract Line
items in a sealed envelope marked “Phase 2 Price Breakdown Information”, in Excel format. This information is
required for the initial Phase 2 proposal and, if requested, for any revised proposals.

7.2.2. Evaluation Criteria:

7.2.2.1. Price will not be rated or scored, but will be evaluated for fairness and reasonableness through the use of a
price analysis. The price evaluators will also check for appearance of unbalanced line item prices. Offerors are
cautioned to distribute direct costs, such as material, labor, equipment, subcontracts, etc. and to evenly distribute
indirect costs, such as job overhead, home office overhead, bond, etc., to the appropriate line items. Both parties
shall presume that field overhead costs through the proposed contract duration are inclusive in the offered price for
the contract.

7.2.2.2. If deemed necessary, the supplemental price breakdown information will be used to assist the Government
in performing the price evaluations described above.
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7.2.2.3. Award of a contract may not be feasible for project cost for design and construction exceeding the contract
cost limitation described herein.

7.3. TAB B – BID GUARANTEE

7.3.1. Submission Requirements

Submit the Bid Bond in accordance with the Instructions in Section 00 21 00, Provision 52.228-1 Bid Guarantee.

7.3.2. Evaluation requirements:

This item is not rated. The Government will review the Bid Bond for legal sufficiency. The Bond must be legally
sufficient.

7.4. TAB C – REQUIRED PRE-AWARD INFORMATION

7.4.1. Submission Requirements:

7.4.1.1. Submit this information for the Contracting Officer’s determination of Offeror responsibility, which
includes, but is not limited to the following:

(a) A list of present commitments, including the dollar value thereof, and name of the organization under which the
work is being performed. Include names and telephone numbers of personnel within each organization who are
familiar with the prospective contractor’s performance.

(b) A certified statement listing; (1) each contract and task order awarded within the preceding three month period
exceeding $1,000,000.00 in value with a brief description of the contract and; (2) each contract and task order
awarded within the preceding three year period not already physically completed and exceeding $5,000,000.00 in
value with a brief description of the contract, and (3) each IDIQ contract awarded within the preceding three year
period and currently active, which exceed $1,000,000.00 in contract capacity with a brief description of the contract.

(c) If the prospective contractor is a joint venture, each joint venture member will be required to submit the above
defined certification.

7.4.2. Evaluation Criteria:

In addition to the other Phase 1 and Phase 2 proposal information, the Contracting Officer shall use this information
in making an affirmative responsibility determination for award to the Successful Offeror, in accordance with FAR
Part 9.

7.5. TAB D – EVIDENCE OF BONDABILITY

(a) Name, address and telephone number of firm’s bonding company.


Information showing offeror’s bondability for this project. Include the bond rate. A statement from
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surety(s) as to the offeror’s (prime contractor) bonding (performance and payment) capacity for (1) a
project; and (2) aggregate amount at any point during the contract.


For further information regarding bonds, reference Section 00 72 00, Clause 52.228-15 “Performance and
Payment Bonds – Construction.”


(b) If the prospective contractor is a joint venture, each joint venture member will be required to submit the
above defined certification.


7.6. NOT USED

8.0 EVALUATION PROCEDURES

8.1. GENERAL:

The Source Selection Evaluation Board will evaluate the proposals and assign a consensus rating for each evaluation
factor and sub-factor, utilizing the evaluation and rating system described in Section 00 22 10.

8.2. DISCUSSIONS (If Necessary) –

8.2.1. During Phase 2, the Government intends to award without discussions. A “Competitive Range” is a
subjective determination of the most highly rated Phase 2 proposals in the event that discussions with Offerors are
required in Phase 2. In such an event, the Contracting Officer will establish a competitive range of all the most
highly rated Phase 2 proposals.

8.2.2. If discussions are held, the Government may engage in a broad give and take with each Offeror in the
competitive range, in accordance with FAR 15.306 (d). The Government will provide the Offeror an advance
agenda for the discussions. During discussions, the Government may ask the Offeror to further explain its proposal
and to answer questions about it.

8.2.3. Upon conclusion of discussions, those Offerors still considered the most highly rated, will be afforded an
opportunity to submit their Phase 2 proposal revisions for final evaluation and selection.

8.3. PHASE 1 PROPOSAL

8.3.1. The Phase 1 evaluation will be considered in the event that the technical rating of one or more Offerors is
equal, in determining the most highly rated non-price proposal during the selection determination.
                                                                                                  W912DY-08-R-0020
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                                                                                                      Page 63 of 110

                                         FORMAT FOR TABLE OF FACILITIES

                                         SECTION 00 22 20 - ATTACHMENT 8




FACILITY               SOLICITATION                   PROPOSAL                  DIFFERENCE                   NOTES/
                       REQUIREMENTS
                                                      PROVIDED                     (+/-)                   REMARKS


   (1)
                            (2)
                                                         (3)                        (4)                           (5)




              Net SF         Gross SF        Net SF       Gross SF     Net SF        Gross SF




Notes:

(1) Facility column shall identify building, e.g. Dining Facility, TEMF, UEPH, etc. Where different designs are
offered for the same overall building type, each different design shall be identified and tabulated separately.

(2) Complete these columns directly from information in the solicitation. If the solicitation is silent on net square
feet for a particular facility, leave this blank.

(3) Complete these columns directly from the information in your proposal.

(4) This column represents the mathematical difference between the proposal and the solicitation requirements +
differences represent areas above the solicitation requirements and – differences represent areas below the
solicitation requirements. Proposers are cautioned that exceeding the statutory limitations on building size will cause
a proposal to be considered non-compliant.

(5) This column is provided to allow the proposers to place additional relevant information with respect to building
area.
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                                                                                                     Page 64 of 110

                                          FORMAT FOR TABLE OF SPACES

                                         SECTION 00 22 20 - ATTACHMENT 9

 FACILITY: _____________________




SPACE DESIGNATION           SOLICITATION          PROPOSAL PROVIDED              DIFFERENCE         NOTES/REMARKS
                         REQUIREMENTS MIN
          (1)                                               (3)                      (+/-)                  (5)
                              REQUIRED

                                                            SF                           (4)
                                  (2)

                                                                                         SF
                                  SF




 Notes:

 (1) The proposer shall list all spaces within the identified facility in this column.

 (2) The proposer shall complete this column by taking the information directly from the solicitation Statement of
 Work. Where a particular space does not have a specific solicitation requirement, this column may be left blank.

 (3) The proposer shall complete this column directly from the information contained in the proposal.

 (4) This column represents the mathematical difference between the proposal and the solicitation requirements. Plus
 (+) differences represent areas above the solicitation requirements and Minus (–) differences represent areas below
 the solicitation requirements.

 (5) This column is provided to allow the proposers to place additional relevant information with respect to spaces
 provided.
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                                                                                                  Page 65 of 110

                            COMPANY SPECIALIZED EXPERIENCE
              KEY SUBCONTRACTOR (OR PRIME IF WORK NOT TO BE SUBCONTRACTED)
                             SECTION 00 22 20 - ATTACHMENT 10

Provide the following information to show examples of projects your company constructed within the last five years
indicating experience with projects of similar type and scope. Use one form per project.

(a) Type of Facility Represented _____________________________________________________

(b) Your Firm’s Name _________________________________________________________________

(c) Name of project ___________________________________________________________________

(d) Owner ___________________________________________________________________________

(e) General Scope of Construction Project
____________________________________________________________________________________________
________________________________________________________________________

(f) Your Role (Prime, Joint Venture, or Subcontractor, etc.) and Work Your Company Self-Performed:
____________________________________________________________________________________________
________________________________________________________________________

(g) Your Contract or Subcontract Amount __________________________________________________

(h) Detailed Description of Your Self-Performed Work ________________________________________

____________________________________________________________________________________

(i) Describe any Work You Subcontract to Others ___________________________________________

____________________________________________________________________________________

(j) Dates Your (sub) contract: Started ___________________ Completed______________

(k) Your Performance Evaluation by Owner, if any ___________________________________________

By Prime: ___________________________________________________________________________

(l) Were You Terminated or Assessed Liquidated Damages? __________________________________

(If either is “Yes”, attach an Explanation)

(m) Name and Company of Point of Contact (POC) for reference (If you were a subcontractor, also list the firm you
were hired by): _______________________________________________________________

(n) Current Telephone Number of Reference POC ___________________________________________
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                                                                                                   Page 66 of 110

                             LETTER OF COMMITMENT OF KEY SUBCONTRACTOR

                              (USE SUBCONTRACTOR’S COMPANY LETTERHEAD)

                                        SECTION 00 22 20 - ATTACHMENT 11

TO: Contracting Officer

SUBJECT: Letter of Commitment for Proposed Contract for ____________________

Dear Sir or Madam:

I hereby make the unequivocal commitment that, in the event of an award of a contract to (Fill in name of Proposer),
that (insert name of firm) will fulfill the duties of (state role on a project)

Sincerely, (Authorized Subcontractor Official)

Date: __________
                                                                        W912DY-08-R-0020
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                                                                            Page 67 of 110

                                 FIRE STATION PRICING TEMPLATE

                                 SECTION 00 22 20 – ATTACHMENT 12

Site Investigation                                        $         -
Design                                                    $         -

Construction Costs                                        $         -
Primary Facilities                                        $         -
Fire Station                                              $         -
   Substructure                                           $         -
   Superstructure                                         $         -
   Exterior Closure                                       $         -
   Roofing                                                $         -
   Interior Construction                                  $         -
   Interior Finishes                                      $         -
   Plumbing                                               $         -
   HVAC                                                   $         -
   Fire Protection Systems                                $         -
   Electric Power and Lighting                            $         -
   Electrical Systems                                     $         -
   Equipment                                              $         -

Sustainable Design & Environmental Protection             $         -
Agency Act 2005
Anti-terrorism/Force Protection                           $         -

Supporting Facilities                                     $         -
  Electrical Service                                      $         -
  Water, Sewer, Gas                                       $         -
  Paving, Walks, Curbs & Gutters                          $         -
  Storm Drainage                                          $         -
  Site Improvements                                       $         -
  Information System                                      $         -

Liability Insurance                                       $         -
Builder's Risk Insurance                                  $         -
Total: Insurance                                          $         -

SUBTOTAL                                                  $         -

Construction OH                                           $         -
Construction G & A                                        $         -

SUBTOTAL Including OH and G&A                             $         -

Bond                                                      $         -
PROFIT                                                    $         -
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                                                               Page 68 of 110

TOTAL PRICE                                        $   -

Option 1 – Equipment Storage Building & Training   $   -
Support Building
  Design                                           $   -
  Construction                                     $   -
  Site Work                                        $   -
  Utilities                                        $   -
SUBTOTAL FOR OPTION 1                              $   -

Option 2 – Training Area                           $   -
  Design                                           $   -
  Construction                                     $   -
  Simulator Pads                                   $   -
  Burn Tower Pad                                   $   -
  Site Work                                        $   -
SUBTOTAL FOR OPTION 2                              $   -

TOTAL PRICE INCLUDING BOTH OPTIONS                 $   -
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                                                                                                         Page 69 of 110

Section 00 45 00 - Representations and Certifications

CLAUSES INCORPORATED BY REFERENCE


252.225-7031              Secondary Arab Boycott Of Israel                            JUN 2005
252.227-7028              Technical Data or Computer Software Previously Delivered to JUN 1995
                          the Government




CLAUSES INCORPORATED BY FULL TEXT


52.204-8      ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2006)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is -236220.

(2) The small business size standard is ---$31,000,000.00---.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a
construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500
employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (c) of this
provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has
completed the ORCA electronically, the offeror may choose to use paragraph (b) of this provision instead of
completing the corresponding individual representations and certifications in the solicitation. The offeror shall
indicate which option applies by checking one of the following boxes:

(__) Paragraph (c) applies.

(__) Paragraph (c) does not apply and the offeror has completed the individual representations and certifications in
the solicitation.

(c) The offeror has completed the annual representations and certifications electronically via the Online
Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA
database information, the offeror verifies by submission of the offer that the representations and certifications
currently posted electronically have been entered or updated within the last 12 months, are current, accurate,
complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code
referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR
4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number,
title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current,
accurate, and complete as of the date of this offer.

------------------------------------------------------------------------
FAR Clause            Title            Date           Change
------------------------------------------------------------------------
------          ----------          ------        ------
------------------------------------------------------------------------
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                                                                                                       Page 70 of 110

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the
representations and certifications posted on ORCA.

(End of Provision)




52.219-19 SMALL BUSINESS CONCERN REPRESENTATION FOR THE SMALL BUSINESS
COMPETITIVENESS DEMONSTRATION PROGRAM (OCT 2000)

(a) Definition.

"Emerging small business" as used in this solicitation, means a small business concern whose size is no greater than
50 percent of the numerical size standard applicable to the North American Industry Classification System (NAICS)
code assigned to a contracting opportunity.

(b) [Complete only if the Offeror has represented itself under the provision at 52.219-1 as a small business concern
under the size standards of this solicitation.] The Offeror [ ] is, [ ] is not an emerging small business.

(c) (Complete only if the Offeror is a small business or an emerging small business, indicating its size range.)

Offeror's number of employees for the past 12 months (check this column if size standard stated in solicitation is
expressed in terms of number of employees) or Offeror's average annual gross revenue for the last 3 fiscal years
(check this column if size standard stated in solicitation is expressed in terms of annual receipts). (Check one of the
following.)

No. of Employees Avg. Annual Gross Revenues

____ 50 or fewer ____ $1 million or less

____ 51 - 100        ____ $1,000,001 - $2 million

____ 101 - 250       ____ $2,000,001 - $3.5 million

____ 251 - 500       ____ $3,500,001 - $5 million

____ 501 - 750       ____ $5,000,001 - $10 million

____ 751 - 1,000 ____ $10,000,001 - $17 million

____ Over 1,000      ____ Over $17 million

(End of provision)



52.219-21 SMALL BUSINESS SIZE REPRESENTATION FOR TARGETED INDUSTRY CATEGORIES
UNDER THE SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM (MAY 1999)

(Complete only if the Offeror has represented itself under the provision at 52.219-1 as a small business concern
under the size standards of this solicitation.)

Offeror's number of employees for the past 12 months (check this column if size standard stated in solicitation is
expressed in terms of number of employees) or Offeror's average annual gross revenue for the last 3 fiscal years
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                                                                                                       Page 71 of 110

(check this column if size standard stated in solicitation is expressed in terms of annual receipts). (Check one of the
following.)

No. of Employees Avg. Annual Gross Revenues

____ 50 or fewer ____ $1 million or less

____ 51 - 100        ____ $1,000,001 - $2 million

____ 101 - 250       ____ $2,000,001 - $3.5 million

____ 251 - 500       ____ $3,500,001 - $5 million

____ 501 - 750       ____ $5,000,001 - $10 million

____ 751 - 1,000 ____ $10,000,001 - $17 million

____ Over 1,000      ____ Over $17 million

(End of provision)




52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance
Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate
workforce in each trade on all construction work in the covered area, are as follows:

                                                Goals for minority                Goals for female
                                           participation for each trade      participation for each trade

                                                      29.8%                             6.9%


These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor
performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the
goals established for the geographical area where the work is actually performed. Goals are published periodically in
the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract
Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall
be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations
required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to
meet the goals. The hours of minority and female employment and training must be substantially uniform throughout
the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and
women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to
Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of
the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals
will be measured against the total work hours performed.
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(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract
Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in
excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The
notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Georgia, Liberty
County, Ft Stewart, GA.

(End of provision)




252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST
COUNTRY (OCT 2006)

(a) "Definitions."

As used in this provision --

(a) "Government of a terrorist country" includes the state and the government of a terrorist country, as well as any
political subdivision, agency, or instrumentality thereof.

(2) "Terrorist country" means a country determined by the Secretary of State, under section 6(j)(1)(A) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)(i)(A)), to be a country the government of which has repeatedly
provided support for such acts of international terrorism. As of the date of this provision, terrorist countries subject
to this provision include: Cuba, Iran, North Korea, Sudan, and Syria.

(3) "Significant interest" means --

(i) Ownership of or beneficial interest in 5 percent or more of the firm's or subsidiary's securities. Beneficial interest
includes holding 5 percent or more of any class of the firm's securities in "nominee shares," "street names," or some
other method of holding securities that does not disclose the beneficial owner;

(ii) Holding a management position in the firm, such as a director or officer;

(iii) Ability to control or influence the election, appointment, or tenure of directors or officers in the firm;

(iv) Ownership of 10 percent or more of the assets of a firm such as equipment, buildings, real estate, or other
tangible assets of the firm; or

(v) Holding 50 percent or more of the indebtness of a firm.
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                                                                                                              Page 73 of 110

(b) "Prohibition on award."

In accordance with 10 U.S.C. 2327, no contract may be awarded to a firm or a subsidiary of a firm if the government
of a terrorist country has a significant interest in the firm or subsidiary or, in the case of a subsidiary, the firm that
owns the subsidiary, unless a waiver is granted by the Secretary of Defense.

(c) "Disclosure."

If the government of a terrorist country has a significant interest in the Offeror or a subsidiary of the Offeror, the
Offeror shall disclosure such interest in an attachment to its offer. If the Offeror is a subsidiary, it shall also disclose
any significant interest the government of a terrorist country has in any firm that owns or controls the subsidiary.
The disclosure shall include --

(1) Identification of each government holding a significant interest; and

(2) A description of the significant interest held by each government.

(End of provision)




252.209-7002      DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERNMENT (JUN 2005)

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

(1) “Effectively owned or controlled” means that a foreign government or any entity controlled by a foreign government has
the power, either directly or indirectly, whether exercised or exercisable, to control the election, appointment, or tenure of
the Offeror’s officers or a majority of the Offeror’s board of directors by any means, e.g., ownership, contract, or operation
of law (or equivalent power for unincorporated organizations).

(2) “Entity controlled by a foreign government”—

(i) Means—

(A) Any domestic or foreign organization or corporation that is effectively owned or controlled by a foreign government;
or

(B) Any individual acting on behalf of a foreign government.

(ii) Does not include an organization or corporation that is owned, but is not controlled, either directly or indirectly, by a
foreign government if the ownership of that organization or corporation by that foreign government was effective before
October 23, 1992.

(3) “Foreign government” includes the state and the government of any country (other than the United States and its
outlying areas) as well as any political subdivision, agency, or instrumentality thereof.

(4) “Proscribed information” means—

(i) Top Secret information;

(ii) Communications Security (COMSEC) information, except classified keys used to operate secure telephone units (STU
IIIs);
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(iii) Restricted Data as defined in the U.S. Atomic Energy Act of 1954, as amended;

(iv) Special Access Program (SAP) information; or

(v) Sensitive Compartmented Information (SCI).

(b) Prohibition on award. No contract under a national security program may be awarded to an entity controlled by a
foreign government if that entity requires access to proscribed information to perform the contract, unless the Secretary of
Defense or a designee has waived application of 10 U.S.C. 2536(a).

(c) Disclosure. The Offeror shall disclose any interest a foreign government has in the Offeror when that interest constitutes
control by a foreign government as defined in this provision. If the Offeror is a subsidiary, it shall also disclose any
reportable interest a foreign government has in any entity that owns or controls the subsidiary, including reportable interest
concerning the Offeror’s immediate parent, intermediate parents, and the ultimate parent. Use separate paper as needed, and
provide the information in the following format:

           Offeror’s Point of Contact for Questions about Disclosure
           (Name and Phone Number with Country Code, City Code
           and Area Code, as applicable)

           Name and Address of Offeror

           Name and Address of Entity Controlled by a Foreign         Description of Interest, Ownership Percentage, and
           Government                                                 Identification of Foreign Government


(End of provision)




252.247-7022      REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992)

(a) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether
transportation of supplies by sea is anticipated under the resultant contract. The term supplies is defined in the
Transportation of Supplies by Sea clause of this solicitation.

(b) Representation. The Offeror represents that it:

____ (1) Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract
resulting from this solicitation.

____ (2) Does not anticipate that supplies will be transported by sea in the performance of any contract or
subcontract resulting from this solicitation.

(c) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the
Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense FAR
Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea.

(End of provision)
                                                                                              W912DY-08-R-0020
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                                                                                                  Page 75 of 110

Section 00 72 00 - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE


52.202-1            Definitions                                                    JUL 2004
52.203-3            Gratuities                                                     APR 1984
52.203-5            Covenant Against Contingent Fees                               APR 1984
52.203-6            Restrictions On Subcontractor Sales To The Government          SEP 2006
52.203-7            Anti-Kickback Procedures                                       JUL 1995
52.203-8            Cancellation, Rescission, and Recovery of Funds for Illegal or JAN 1997
                    Improper Activity
52.203-10           Price Or Fee Adjustment For Illegal Or Improper Activity       JAN 1997
52.203-12           Limitation On Payments To Influence Certain Federal            SEP 2007
                    Transactions
52.204-2 Alt II     Security Requirements (Aug 1996) - Alternate II                APR 1984
52.204-4            Printed or Copied Double-Sided on Recycled Paper               AUG 2000
52.204-7            Central Contractor Registration                                JUL 2006
52.204-9            Personal Identity Verification of Contractor Personnel         SEP 2007
52.209-6            Protecting the Government's Interest When Subcontracting       SEP 2006
                    With Contractors Debarred, Suspended, or Proposed for
                    Debarment
52.211-13           Time Extensions                                                SEP 2000
52.211-15           Defense Priority And Allocation Requirements                   SEP 1990
52.215-2            Audit and Records--Negotiation                                 JUN 1999
52.215-15           Pension Adjustments and Asset Reversions                       OCT 2004
52.215-17           Waiver of Facilities Capital Cost of Money                     OCT 1997
52.215-18           Reversion or Adjustment of Plans for Postretirement Benefits JUL 2005
                    (PRB) Other than Pensions
52.219-8            Utilization of Small Business Concerns                         MAY 2004
52.219-14           Limitations On Subcontracting                                  DEC 1996
52.222-3            Convict Labor                                                  JUN 2003
52.222-4            Contract Work Hours and Safety Standards Act - Overtime JUL 2005
                    Compensation
52.222-5            Davis-Bacon Act--Secondary Site of the Work                    JUL 2005
52.222-6            Davis Bacon Act                                                JUL 2005
52.222-7            Withholding of Funds                                           FEB 1988
52.222-8            Payrolls and Basic Records                                     FEB 1988
52.222-9            Apprentices and Trainees                                       JUL 2005
52.222-10           Compliance with Copeland Act Requirements                      FEB 1988
52.222-11           Subcontracts (Labor Standards)                                 JUL 2005
52.222-12           Contract Termination-Debarment                                 FEB 1988
52.222-13           Compliance with Davis-Bacon and Related Act Regulations. FEB 1988
52.222-14           Disputes Concerning Labor Standards                            FEB 1988
52.222-15           Certification of Eligibility                                   FEB 1988
52.222-21           Prohibition Of Segregated Facilities                           FEB 1999
52.222-26           Equal Opportunity                                              MAR 2007
52.222-27           Affirmative Action Compliance Requirements for                 FEB 1999
                    Construction
52.222-32           Davis-Bacon Act--Price Adjustment (Actual Method)              DEC 2001
52.222-35           Equal Opportunity For Special Disabled Veterans, Veterans of SEP 2006
                    the Vietnam Era, and Other Eligible Veterans
52.222-36           Affirmative Action For Workers With Disabilities               JUN 1998
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52.222-37   Employment Reports On Special Disabled Veterans, Veterans SEP 2006
            Of The Vietnam Era, and Other Eligible Veterans
52.222-38   Compliance With Veterans' Employment Reporting             DEC 2001
            Requirements
52.222-39   Notification of Employee Rights Concerning Payment of      DEC 2004
            Union Dues or Fees
52.223-3    Hazardous Material Identification And Material Safety Data JAN 1997
52.223-5    Pollution Prevention and Right-to-Know Information         AUG 2003
52.223-6    Drug-Free Workplace                                        MAY 2001
52.223-12   Refrigeration Equipment and Air Conditioners               MAY 1995
52.223-14   Toxic Chemical Release Reporting                           AUG 2003
52.225-12   Notice of Buy American Act Requirement - Construction      JAN 2005
            Materials Under Trade Agreements
52.225-13   Restrictions on Certain Foreign Purchases                  FEB 2006
52.226-1    Utilization Of Indian Organizations And Indian-Owned       JUN 2000
            Economic Enterprises
52.227-1    Authorization and Consent                                  DEC 2007
52.227-2    Notice And Assistance Regarding Patent And Copyright       DEC 2007
            Infringement
52.227-4    Patent Indemnity-Construction Contracts                    DEC 2007
52.228-2    Additional Bond Security                                   OCT 1997
52.228-5    Insurance - Work On A Government Installation              JAN 1997
52.228-11   Pledges Of Assets                                          FEB 1992
52.228-12   Prospective Subcontractor Requests for Bonds               OCT 1995
52.228-14    Irrevocable Letter of Credit                              DEC 1999
52.228-15   Performance and Payment Bonds--Construction                NOV 2006
52.229-3    Federal, State And Local Taxes                             APR 2003
52.232-5    Payments under Fixed-Price Construction Contracts          SEP 2002
52.232-17   Interest                                                   JUN 1996
52.232-18   Availability Of Funds                                      APR 1984
52.232-23   Assignment Of Claims                                       JAN 1986
52.232-27   Prompt Payment for Construction Contracts                  SEP 2005
52.232-33   Payment by Electronic Funds Transfer--Central Contractor   OCT 2003
            Registration
52.233-1    Disputes                                                   JUL 2002
52.233-3    Protest After Award                                        AUG 1996
52.233-4    Applicable Law for Breach of Contract Claim                OCT 2004
52.236-2    Differing Site Conditions                                  APR 1984
52.236-3    Site Investigation and Conditions Affecting the Work       APR 1984
52.236-4    Physical Data                                              APR 1984
52.236-5    Material and Workmanship                                   APR 1984
52.236-6    Superintendence by the Contractor                          APR 1984
52.236-7    Permits and Responsibilities                               NOV 1991
52.236-8    Other Contracts                                            APR 1984
52.236-9    Protection of Existing Vegetation, Structures, Equipment,  APR 1984
            Utilities, and Improvements
52.236-10   Operations and Storage Areas                               APR 1984
52.236-11   Use and Possession Prior to Completion                     APR 1984
52.236-12   Cleaning Up                                                APR 1984
52.236-13   Accident Prevention                                        NOV 1991
52.236-14   Availability and Use of Utility Services                   APR 1984
52.236-15   Schedules for Construction Contracts                       APR 1984
52.236-17   Layout of Work                                             APR 1984
52.236-21   Specifications and Drawings for Construction               FEB 1997
                                                                                              W912DY-08-R-0020
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52.236-25            Requirements for Registration of Designers                  JUN 2003
52.236-26            Preconstruction Conference                                  FEB 1995
52.242-13            Bankruptcy                                                  JUL 1995
52.242-14            Suspension of Work                                          APR 1984
52.243-4             Changes                                                     JUN 2007
52.244-6             Subcontracts for Commercial Items                           MAR 2007
52.246-12            Inspection of Construction                                  AUG 1996
52.246-21            Warranty of Construction                                    MAR 1994
52.249-2 Alt I       Termination for Convenience of the Government (Fixed-       SEP 1996
                     Price) (May 2004) - Alternate I
52.249-10            Default (Fixed-Price Construction)                          APR 1984
52.249-14            Excusable Delays                                            APR 1984
52.253-1             Computer Generated Forms                                    JAN 1991
252.203-7001         Prohibition On Persons Convicted of Fraud or Other Defense- DEC 2004
                     Contract-Related Felonies
252.203-7002         Display Of DOD Hotline Poster                               DEC 1991
252.204-7000         Disclosure Of Information                                   DEC 1991
252.204-7003         Control Of Government Personnel Work Product                APR 1992
252.205-7000         Provision Of Information To Cooperative Agreement Holders DEC 1991
252.209-7004         Subcontracting With Firms That Are Owned or Controlled By DEC 2006
                     The Government of a Terrorist Country
252.222-7000         Restriction On Employment Of Personnel                      MAR 2000
252.223-7004         Drug Free Work Force                                        SEP 1988
252.223-7006         Prohibition On Storage And Disposal Of Toxic And            APR 1993
                     Hazardous Materials
252.225-7012         Preference For Certain Domestic Commodities                 MAR 2008
252.226-7001         Utilization of Indian Organizations and Indian-Owned        SEP 2004
                     Economic Enterprises, and Native Hawaiian Small Business
                     Concerns
252.227-7022         Government Rights (Unlimited)                               MAR 1979
252.227-7033         Rights in Shop Drawings                                     APR 1966
252.232-7003         Electronic Submission of Payment Requests and Receiving MAR 2008
                     Reports
252.232-7004         DOD Progress Payment Rates                                  OCT 2001
252.232-7010         Levies on Contract Payments                                 DEC 2006
252.236-7000         Modification Proposals-Price Breakdown                      DEC 1991
252.236-7005         Airfield Safety Precautions                                 DEC 1991
252.236-7007         Additive or Deductive Items                                 DEC 1991
252.236-7008         Contract Prices-Bidding Schedules                           DEC 1991
252.243-7001         Pricing Of Contract Modifications                           DEC 1991
252.243-7002         Requests for Equitable Adjustment                           MAR 1998
252.247-7023         Transportation of Supplies by Sea                           MAY 2002
252.247-7024         Notification Of Transportation Of Supplies By Sea           MAR 2000




CLAUSES INCORPORATED BY FULL TEXT


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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the
Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready
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for use not later than 540 days* The time stated for completion shall include final cleanup of the premises.

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

(End of clause)



CLAUSES INCORPORATED BY FULL TEXT


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

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay
liquidated damages to the Government in the amount of $899.20 for each calendar day of delay until the work is
completed or accepted.

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

(End of clause)



CLAUSES INCORPORATED BY FULL TEXT


52.215-19     NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

(a) The Contractor shall make the following notifications in writing:

(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could
result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the
Administrative Contracting Officer (ACO) within 30 days.

(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost
changes have occurred or are certain to occur as a result of a change in ownership.

(b) The Contractor shall--

(1) Maintain current, accurate, and complete inventory records of assets and their costs;

(2) Provide the ACO or designated representative ready access to the records upon request;

(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization,
and remaining useful lives are identified accurately before and after each of the Contractor's ownership changes; and

(4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained
before each Contractor ownership change.

The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the
applicability requirement of FAR 15.408(k).
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(End of clause)



CLAUSES INCORPORATED BY FULL TEXT


52.215-21 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST
OR PRICING DATA--MODIFICATIONS (OCT 1997)—ALTERNATE IV (OCT 1997)

(a) Submission of cost or pricing data is not required.

(b) Information other than cost and pricing data which will be used to evaluate the proposed costs for fairness and
reasonableness will be limited to the information submitted in the Offerors proposal as required by the solicitation
instructions.

(End of clause



CLAUSES INCORPORATED BY FULL TEXT


52.219-17    SECTION 8(a) AWARD (DEC 1996)

(a) By execution of a contract, the Small Business Administration (SBA) agrees to the following:

(1) To furnish the supplies or services set forth in the contract according to the specifications and the terms and
conditions by subcontracting with the Offeror who has been determined an eligible concern pursuant to the
provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).

(2) Except for novation agreements and advance payments, delegates to the Department of the Army, Engineering
and Support Center, Huntsville the responsibility for administering the contract with complete authority to take any
action on behalf of the Government under the terms and conditions of the contract; provided, however that the
contracting agency shall give advance notice to the SBA before it issues a final notice terminating the right of the
subcontractor to proceed with further performance, either in whole or in part, under the contract.

(3) That payments to be made under the contract will be made directly to the subcontractor by the contracting
activity.

(4) To notify the Department of the Army, Engineering and Support Center, Huntsville Contracting Officer
immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based
plan to relinquish ownership or control of the concern.

(5) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the
cognizant Contracting Officer under the “Disputes” clause of the subcontract.

The offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfill and perform all
of the requirements of the contract.

(c) The offeror/subcontractor agrees that it will not subcontract the performance of any of the requirements of this
subcontract to any lower tier subcontractor without the prior written approval of the SBA and the cognizant
Contracting Officer of the Department of the Army, Engineering and Support Center, Huntsville.
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52.219-18     NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) CONCERNS (JUN 2003)

(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration
(SBA) for participation in the SBA's 8(a) Program and which meet the following criteria at the time of submission of
offer--

(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and

(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any
remedial action directed by the SBA.

(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this
clause.

(c) Any award resulting from this solicitation will be made to the Small Business Administration, which will
subcontract performance to the successful 8(a) offeror selected through the evaluation criteria set forth in this
solicitation.

(d)(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the
contract, only end items manufactured or produced by small business concerns in the United States or its outlying
areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract
does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph
does not apply to construction or service contracts.

(2) The insert name of SBA's contractor            will notify the Department of the Army, Engineering and Support
Center, Huntsville Contracting Officer in writing immediately upon entering an agreement (either oral or written) to
transfer all or part of its stock or other ownership interest to any other party.

(End of clause)



CLAUSES INCORPORATED BY FULL TEXT


52.219-28    POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUNE 2007)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does
not include contracts that exceed five years in duration because the period of performance has been extended for a
cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other
appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not
dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business
under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.
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(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor
shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause,
upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to
include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification
of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the
contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the exercise date specified in the contract for any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this
rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to
this contract. The small business size standard corresponding to this NAICS code can be found at
http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a
contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by
paragraph (b) of this clause by validating or updating all its representations in the Online Representations and
Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure they reflect
current status. The Contractor shall notify the contracting office by e-mail, or otherwise in writing, that the data have
been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the
Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in
ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following
rerepresentation and submit it to the contracting office, along with the contract number and the date on which the
rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 236220- assigned to
contract number       .

(Contractor to sign and date and insert authorized signer's name and title).

(End of clause)




CLAUSES INCORPORATED BY FULL TEXT


52.223-11      OZONE-DEPLETING SUBSTANCES (MAY 2001)
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(a) Definition. Ozone-depleting substance, as used in this clause, means any substance the Environmental Protection
Agency designates in 40 CFR part 82 as--

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform;
or

(2) Class II, including, but not limited to, hydrochlorofluorocarbons.

(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the
manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR Part 82, Subpart E, as follows:

“WARNING: Contains (or manufactured with, if applicable), a substance(s) which harm(s) public health and
environment by destroying ozone in the upper atmosphere.”----------------------------

The Contractor shall insert the name of the substance(s).

(End of clause4)



CLAUSES INCORPORATED BY FULL TEXT


52.225-9     BUY AMERICAN ACT—CONSTRUCTION MATERIALS (JAN 2005)

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

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or a
subcontractor for incorporation into the building or work. The term also includes an item brought to the site
preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency
lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or
work and that are produced as complete systems, are evaluated as a single and distinct construction material
regardless of when or how the individual parts or components of those systems are delivered to the construction site.
Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of
incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any
applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component,
including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but
excluding profit. Cost of components does not include any costs associated with the
manufacture of the construction material.

Domestic construction material means--

(1) An unmanufactured construction material mined or produced in the United States; or
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(2) A construction material manufactured in the United States, if the cost of its components mined, produced, or
manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin
of the same class or kind for which nonavailability determinations have been made are treated as domestic.

Foreign construction material means a construction material other than a domestic construction material.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference. (1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a
preference for domestic construction material. The Contractor shall use only domestic construction material in
performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to the construction material or components listed by the Government as follows:
[Contracting Officer to list applicable excepted materials or indicate “none”]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause
if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction
material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds
the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be
impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and
reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use
foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information
for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph
(b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price
comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty
(whether or not a duty-free certificate may be issued).
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(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor
could not reasonably foresee the need for such determination and could not have requested the determination before
contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a
determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the
Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the
contract to allow use of the foreign construction material. However, when the basis for the exception is the
unreasonable price of a domestic construction material, adequate consideration is not less than the differential
established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign
construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the
Contractor shall include the following information and any applicable supporting data based on the survey of
suppliers:

                    Foreign and Domestic Construction Materials Price Comparison
----------------------------------------------------------------------------------------------------------------
  Construction material description              Unit of measure                  Quantity               Price (dollars) \1\
----------------------------------------------------------------------------------------------------------------
Item 1
   Foreign construction material.... ....................... ....................... .......................
   Domestic construction material... ....................... ....................... .......................
Item 2
   Foreign construction material.... ....................... ....................... .......................
   Domestic construction material... ....................... ....................... .......................
----------------------------------------------------------------------------------------------------------------
Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate
is issued).
List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach
summary.
Include other applicable supporting information.

(End of clause)



CLAUSES INCORPORATED BY FULL TEXT


52.225-10     NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION MATERIALS (MAY
2002)

(a) Definitions. Construction material, domestic construction material, and foreign construction material, as used in
this provision, are defined in the clause of this solicitation entitled “Buy American Act --Construction Materials”
(Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability
of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before
submission of offers. The offeror shall include the information and applicable supporting data required by
paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination
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regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a
previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the
Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered
price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i)
of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material
based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the
offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in
paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of
equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer,
and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR
52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not
yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause
at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent
domestic construction material, and the offeror shall be required to furnish such domestic construction material. An
offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)




CLAUSES INCORPORATED BY FULL TEXT


52.225-11     BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (AUG
2007)

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

Caribbean Basin country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been
substantially transformed in a Caribbean Basin country into a new and different construction material distinct from
the materials from which it was transformed.

Component means an article, material, or supply incorporated directly into a construction material.
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Construction material means an article, material, or supply brought to the construction site by the Contractor or
subcontractor for incorporation into the building or work. The term also includes an item brought to the site
preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency
lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or
work and that are produced as complete systems, are evaluated as a single and distinct construction material
regardless of when or how the individual parts or components of those systems are delivered to the construction site.
Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of
incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any
applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component,
including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but
excluding profit. Cost of components does not include any costs associated with the manufacture of the construction
material.

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria, Belgium, Bulgaria,
Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary,
Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta,
Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden,
Switzerland, or United Kingdom);

(2) Free Trade Agreement country (Australia, Bahrain, Canada, Chile, Dominican Republic, El Salvador, Guatemala,
Honduras, Mexico, Morocco, Nicaragua, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia,
Cape Verde, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East Timor,
Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Madagascar,
Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal,
Sierra Leone, Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, British Virgin Islands,
Costa Rica, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Netherlands Antilles, St. Kitts and Nevis, St.
Lucia, St. Vincent and the Grenadines, or Trinidad and Tobago).

Designated country construction material means a construction material that is a WTO GPA country construction
material, an FTA country construction material, a least developed country construction material, or a Caribbean
Basin country construction material.

Domestic construction material means--

(1) An unmanufactured construction material mined or produced in the United States; or

(2) A construction material manufactured in the United States, if the cost of its components mined, produced, or
manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin
of the same class or kind for which nonavailability determinations have been made are treated as domestic.

Foreign construction material means a construction material other than a domestic construction material.
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Least developed country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been
substantially transformed in a least developed country into a new and different construction material distinct from the
materials from which it was transformed.

United States means the 50 States, the District of Columbia, and outlying areas.

WTO GPA country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been
substantially transformed in a WTO GPA country into a new and different construction material distinct from the
materials from which it was transformed.

(b) Construction materials. (1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a
preference for domestic construction material. In addition, the Contracting Officer has determined that the WTO
GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American Act restrictions are
waived for designated country construction materials.

(2) The Contractor shall use only domestic or designated country construction material in performing this contract,
except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause does not apply to the construction materials or components
listed by the Government as follows: None

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause
if the Government determines that--

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction
material subject to the restrictions of the Buy American Act is unreasonable when the cost of such material exceeds
the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be
impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and
reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause
shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;
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(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph
(b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price
comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty
(whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor
could not reasonably foresee the need for such determination and could not have requested the determination before
contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a
determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the
Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the
contract to allow use of the foreign construction material. However, when the basis for the exception is the
unreasonable price of a domestic construction material, adequate consideration is not less than the differential
established in paragraph (b)(4)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign
construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the
Contractor shall include the following information and any applicable supporting data based on the survey of
suppliers:

                    Foreign and Domestic Construction Materials Price Comparison
----------------------------------------------------------------------------------------------------------------
  Construction material description              Unit of measure                  Quantity               Price (dollars) \1\
----------------------------------------------------------------------------------------------------------------
Item 1:
   Foreign construction material.... ....................... ....................... .......................
   Domestic construction material... ....................... ....................... .......................
Item 2:
   Foreign construction material.... ....................... ....................... .......................
   Domestic construction material... ....................... ....................... .......................
----------------------------------------------------------------------------------------------------------------
\1\ Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free
  entry certificate is issued).
List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral,
  attach summary.
Include other applicable supporting information.

(End of clause)
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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 $1,000,000.00_, 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.

(End of clause)



52.231-5000 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE
MAR 1995)--EFARS
  (a) This clause does not apply to terminations. See 52.249-5000, Basis for
Settlement of Proposals and FAR Part 49.
  (b) Allowable cost for construction and marine plant and equipment in sound
workable condition owned or controlled and furnished by a contractor or
subcontractor at any tier shall be based on actual cost data for each piece of
equipment or groups of similar serial and series for which the Government can
determine both ownership and operating costs from the contractor's accounting
records. When both ownership and operating costs cannot be determined for any
piece of equipment or groups of similar serial or series equipment from the
contractor's accounting records, costs for that equipment shall be based upon
the applicable provisions of EP 1110-1-8, Construction Equipment Ownership and
Operating Expense Schedule, Region ____. Working conditions shall be
considered to be average for determining equipment rates using the schedule
unless specified otherwise by the contracting officer. For equipment not
included in the schedule, rates for comparable pieces of equipment may be used
or a rate may be developed using the formula provided in the schedule. For
forward pricing, the schedule in effect at the time of negotiations shall
apply. For retroactive pricing, the schedule in effect at the time the work
was performed shall apply.
  (c) Equipment rental costs are allowable, subject to the provisions of FAR
31.105(d)(ii) and FAR 31.205-36. Rates for equipment rented from an
organization under common control, lease-purchase arrangements, and sale-
leaseback arrangements, will be determined using the schedule, except that
actual rates will be used for equipment leased from an organization under
common control that has an established practice of leasing the same or similar
equipment to unaffiliated lessees.
  (d) When actual equipment costs are proposed and the total amount of the
pricing action exceeds the small purchase threshold, the contracting officer
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shall request the contractor to submit either certified cost or pricing data,
or partial/limited data, as appropriate. The data shall be submitted on
Standard Form 1411, Contract Pricing Proposal Cover Sheet.
                                (End of clause)



52.232-16    PROGRESS PAYMENTS (APR 2003) ALTERNATE I (MAR 2000)

The Government will make progress payments to the Contractor when requested as work progresses, but not more
frequently than monthly, in amounts of $2,500 or more approved by the Contracting Officer, under the following
conditions:

(a) Computation of amounts. (1) Unless the Contractor requests a smaller amount, the Government will compute
each progress payment as 80 percent of the Contractor's total costs incurred under this contract whether or not
actually paid, plus financing payments to subcontractors (see paragraph (j) of this clause), less the sum of all
previous progress payments made by the Government under this contract. The Contracting Officer will consider cost
of money that would be allowable under FAR 31.205-10 as an incurred cost for progress payment purposes.

(2) The amount of financing and other payments for supplies and services purchased directly for the contract are
limited to the amounts that have been paid by cash, check, or other forms of payment, or that are determined due and
will be paid to subcontractors--

(i) In accordance with the terms and conditions of a subcontract or invoice; and

(ii) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government.

(3) The Government will exclude accrued costs of Contractor contributions under employee pension plans until
actually paid unless--

(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment
period (any contribution remaining unpaid shall be excluded from the Contractor's total costs for progress payments
until paid).

(4) The Contractor shall not include the following in total costs for progress payment purposes in paragraph (a)(1) of
this clause:

(i) Costs that are not reasonable, allocable to this contract, and consistent with sound and generally accepted
accounting principles and practices.

(ii) Costs incurred by subcontractors or suppliers.

(iii) Costs ordinarily capitalized and subject to depreciation or amortization except for the properly depreciated or
amortized portion of such costs.

(iv) Payments made or amounts payable to subcontractors or suppliers, except for --

(A) Completed work, including partial deliveries, to which the Contractor has acquired title; and

(B) Work under cost-reimbursement or time-and-material subcontracts to which the Contractor has acquired title.

(5) The amount of unliquidated progress payments may exceed neither
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(i) the progress payments made against incomplete work (including allowable unliquidated progress payments to
subcontractors) nor

(ii) the value, for progress payment purposes, of the incomplete work. Incomplete work shall be considered to be the
supplies and services required by this contract, for which delivery and invoicing by the Contractor and acceptance by
the Government are incomplete.

(6) The total amount of progress payments shall not exceed 80 percent of the total contract price.

(7) If a progress payment or the unliquidated progress payments exceed the amounts permitted by subparagraphs
(a)(4) or (a)(5) of this clause, the Contractor shall repay the amount of such excess to the Government on demand.

(8) Notwithstanding any other terms of the contract, the Contractor agrees not to request progress payments in dollar
amounts of less than $2,500. The Contracting Officer may make exceptions.

(b) Liquidation. Except as provided in the Termination for Convenience of the Government clause, all progress
payments shall be liquidated by deducting from any payment under this contract, other than advance or progress
payments, the unliquidated progress payments, or 80 percent of the amount invoiced, whichever is less. The
Contractor shall repay to the Government any amounts required by a retroactive price reduction, after computing
liquidations and payments on past invoices at the reduced prices and adjusting the unliquidated progress payments
accordingly. The Government reserves the right to unilaterally change from the ordinary liquidation rate to an
alternate rate when deemed appropriate for proper contract financing.

(c) Reduction or suspension. The Contracting Officer may reduce or suspend progress payments, increase the rate of
liquidation, or take a combination of these actions, after finding on substantial evidence any of the following
conditions:

(1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (f)
and (g) of this clause).

(2) Performance of this contract is endangered by the Contractor's --

(i) Failure to make progress or

(ii) Unsatisfactory financial condition.

(3) Inventory allocated to this contract substantially exceeds reasonable requirements.

(4) The Contractor is delinquent in payment of the costs of performing this contract in the ordinary course of
business.

(5) The unliquidated progress payments exceed the fair value of the work accomplished on the undelivered portion
of this contract.

(6) The Contractor is realizing less profit than that reflected in the establishment of any alternate liquidation rate in
paragraph (b) of this clause, and that rate is less than the progress payment rate stated in subparagraph (a)(1) of this
clause.

(d) Title.

(1) Title to the property described in this paragraph (d) shall vest in the Government. Vestiture shall be immediately
upon the date of this contract, for property acquired or produced before that date. Otherwise, vestiture shall occur
when the property is or should have been allocable or properly chargeable to this contract.
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(2) "Property," as used in this clause, includes all of the below-described items acquired or produced by the
Contractor that are or should be allocable or properly chargeable to this contract under sound and generally accepted
accounting principles and practices.

(i) Parts, materials, inventories, and work in process;

(ii) Special tooling and special test equipment to which the Government is to acquire title under any other clause of
this contract;

(iii) Nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment, and other
similar manufacturing aids, title to which would not be obtained as special tooling under paragraph (d)(2)(ii) above;
and

(iv) Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the
Government by other clauses of this contract.

(3) Although title to property is in the Government under this clause, other applicable clauses of this contract; e.g.,
the termination or special tooling clauses, shall determine the handling and disposition of the property.

(4) The Contractor may sell any scrap resulting from production under this contract without requesting the
Contracting Officer's approval, but the proceeds shall be credited against the costs of performance.

(5) To acquire for its own use or dispose of property to which title is vested in the Government under this clause, the
Contractor must obtain the Contracting Officer's advance approval of the action and the terms. The Contractor shall
(i) exclude the allocable costs of the property from the costs of contract performance, and (ii) repay to the
Government any amount of unliquidated progress payments allocable to the property. Repayment may be by cash or
credit memorandum.

(6) When the Contractor completes all of the obligations under this contract, including liquidation of all progress
payments, title shall vest in the Contractor for all property (or the proceeds thereof) not--

(i) Delivered to, and accepted by, the Government under this contract; or

(ii) Incorporated in supplies delivered to, and accepted by, the Government under this contract and to which title is
vested in the Government under this clause.

(7) The terms of this contract concerning liability for Government-furnished property shall not apply to property to
which the Government acquired title solely under this clause.

(e) Risk of loss. Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for
property, the title to which vests in the Government under this clause, except to the extent the Government expressly
assumes the risk. The Contractor shall repay the Government an amount equal to the unliquidated progress payments
that are based on costs allocable to property that is damaged, lost, stolen, or destroyed.

(f) Control of costs and property. The Contractor shall maintain an accounting system and controls adequate for the
proper administration of this clause.

(g) Reports and access to records. The Contractor shall promptly furnish reports, certificates, financial statements,
and other pertinent information reasonably requested by the Contracting Officer for the administration of this clause.
Also, the Contractor shall give the Government reasonable opportunity to examine and verify the Contractor's books,
records, and accounts.

(h) Special terms regarding default. If this contract is terminated under the Default clause, (i) the Contractor shall, on
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demand, repay to the Government the amount of unliquidated progress payments and (ii) title shall vest in the
Contractor, on full liquidation of progress payments, for all property for which the Government elects not to require
delivery under the Default clause. The Government shall be liable for no payment except as provided by the Default
clause.

(i) Reservations of rights.

(1) No payment or vesting of title under this clause shall -

(i) excuse the Contractor from performance of obligations under this contract or (ii) constitute a waiver of any of the
rights or remedies of the parties under the contract.

(2) The Government's rights and remedies under this clause

(i) Shall not be exclusive but rather shall be in addition to any other rights and remedies provided by law or this
contract and

(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall
such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any
other right, power, or privilege of the Government.

(j) Financing payments to subcontractors. The financing payments to subcontractors mentioned in paragraphs (a)(1)
and (a)(2) of this clause shall be all financing payments to subcontractors or divisions, if the following conditions are
met:

(1) The amounts included are limited to--

(i) The unliquidated remainder of financing payments made; plus

(ii) Any unpaid subcontractor requests for financing payments.

(2) The subcontract or interdivisional order is expected to involve a minimum of approximately 6 months between
the beginning of work and the first delivery; or, if the subcontractor is a small business concern, 4 months.

(3) If the financing payments are in the form of progress payments, the terms of the subcontract or interdivisional
order concerning progress payments--

(i) Are substantially similar to the terms of this clause for any subcontractor that is a large business concern, or this
clause with its Alternate I for any subcontractor that is a small business concern;

(ii) Are at least as favorable to the Government as the terms of this clause;

(iii) Are not more favorable to the subcontractor or division than the terms of this clause are to the Contractor;

(iv) Are in conformance with the requirements of FAR 32.504(e); and

(v) Subordinate all subcontractor rights concerning property to which the Government has title under the subcontract
to the Government's right to require delivery of the property to the Government if--

(A) The Contractor defaults; or

(B) The subcontractor becomes bankrupt or insolvent.
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(4) If the financing payments are in the form of performance-based payments, the terms of the subcontract or
interdivisional order concerning payments--

(i) Are substantially similar to the Performance-Based Payments clause at FAR 52.232-32 and meet the criteria for,
and definition of, performance-based payments in FAR Part 32;

(ii) Are in conformance with the requirements of FAR 32.504(f); and

(iii) Subordinate all subcontractor rights concerning property to which the Government has title under the
subcontract to the Government's right to require delivery of the property to the Government if--

(A) The Contractor defaults; or

(B) The subcontractor becomes bankrupt or insolvent.

(5) If the financing payments are in the form of commercial item financing payments, the terms of the subcontract or
interdivisional order concerning payments--

(i) Are constructed in accordance with FAR 32.206(c) and included in a subcontract for a commercial item purchase
that meets the definition and standards for acquisition of commercial items in FAR Parts 2 and 12;

(ii) Are in conformance with the requirements of FAR 32.504(g); and

(iii) Subordinate all subcontractor rights concerning property to which the Government has title under the
subcontract to the Government's right to require delivery of the property to the Government if--

(A) The Contractor defaults; or

(B) The subcontractor becomes bankrupt or insolvent.

(6) If financing is in the form of progress payments, the progress payment rate in the subcontract is the customary
rate used by the contracting agency, depending on whether the subcontractor is or is not a small business concern.

(7) Concerning any proceeds received by the Government for property to which title has vested in the Government
under the subcontract terms, the parties agree that the proceeds shall be applied to reducing any unliquidated
financing payments by the Government to the Contractor under this contract.

(8) If no unliquidated financing payments to the Contractor remain, but there are unliquidated financing payments
that the Contractor has made to any subcontractor, the Contractor shall be subrogated to all the rights the
Government obtained through the terms required by this clause to be in any subcontract, as if all such rights had been
assigned and transferred to the Contractor.

(9) To facilitate small business participation in subcontracting under this contract, the Contractor shall provide
financing payments to small business concerns, in conformity with the standards for customary contract financing
payments stated in FAR 32.113. The Contractor shall not consider the need for such financing payments as a
handicap or adverse factor in the award of subcontracts.

(k) Limitations on undefinitized contract actions. Notwithstanding any other progress payment provisions in this
contract, progress payments may not exceed 80 percent of costs incurred on work accomplished under undefinitized
contract actions. A "contract action" is any action resulting in a contract, as defined in Subpart 2.1, including
contract modifications for additional supplies or services, but not including contract modifications that are within the
scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or
funding and other administrative changes. This limitation shall apply to the costs incurred, as computed in
accordance with paragraph (a) of this clause, and shall remain in effect until the contract action is definitized. Costs
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incurred which are subject to this limitation shall be segregated on Contractor progress payment requests and
invoices from those costs eligible for higher progress payment rates. For purposes of progress payment liquidation,
as described in paragraph (b) of this clause, progress payments for undefinitized contract actions shall be liquidated
at 80 percent of the amount invoiced for work performed under the undefinitized contract action as long as the
contract action remains undefinitized. The amount of unliquidated progress payments for undefinitized contract
actions shall not exceed 80 percent of the maximum liability of the Government under the undefinitized contract
action or such lower limit specified elsewhere in the contract. Separate limits may be specified for separate actions.

(l) Due date. The designated payment office will make progress payments on the 30th day after the designated billing
office receives a proper progress payment request. In the event that the Government requires an audit or other review
of a specific progress payment request to ensure compliance with the terms and conditions of the contract, the
designated payment office is not compelled to make payment by the specified due date. Progress payments are
considered contract financing and are not subject to the interest penalty provisions of the Prompt Payment Act.

(m) Progress payments under indefinite--delivery contracts. The Contractor shall account for and submit progress
payment requests under individual orders as if the order constituted a separate contract, unless otherwise specified in
this contract.

(End of clause)



52.236-22    DESIGN WITHIN FUNDING LIMITATIONS (APR 1984)

(a) The Contractor shall accomplish the design services required under this contract so as to permit the award of a
contract, using standard Federal Acquisition Regulation procedures for the construction of the facilities designed at a
price that does not exceed the estimated construction contract price as set forth in paragraph (c) below. When bids or
proposals for the construction contract are received that exceed the estimated price, the contractor shall perform such
redesign and other services as are necessary to permit contract award within the funding limitation. These additional
services shall be performed at no increase in the price of this contract. However, the Contractor shall not be required
to perform such additional services at no cost to the Government if the unfavorable bids or proposals are the result of
conditions beyond its reasonable control.

(b) The Contractor will promptly advise the Contracting Officer if it finds that the project being designed will exceed
or is likely to exceed the funding limitations and it is unable to design a usable facility within these limitations. Upon
receipt of such information, the Contracting Officer will review the Contractor's revised estimate of construction
cost. The Government may, if it determines that the estimated construction contract price set forth in this contract is
so low that award of a construction contract not in excess of such estimate is improbable, authorize a change in scope
or materials as required to reduce the estimated construction cost to an amount within the estimated construction
contract price set forth in paragraph (c) below, or the Government may adjust such estimated construction contract
price. When bids or proposals are not solicited or are unreasonably delayed, the Government shall prepare an
estimate of constructing the design submitted and such estimate shall be used in lieu of bids or proposals to
determine compliance with the funding limitation.

(c) The estimated construction contract price for the project described in this contract is $ 4,800,000.00

(End of clause)



52.252-2     CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
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This contract incorporates one or more clauses 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. Also, the full text of a clause may
be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/vffara.htm

(End of clause)



252.201-7000      CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

(a) "Definition. Contracting officer's representative" means an individual designated in accordance with subsection
201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting
officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a
copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting
officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity,
delivery, or any other term or condition of the contract.

(End of clause)



252.204-7004      CENTRAL CONTRACTOR REGISTRATION (52.204-7) ALTERNATE A (SEP 2007)

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

“Central Contractor Registration (CCR) database” means the primary Government repository for contractor
information required for the conduct of business with the Government.

“Commercial and Government Entity (CAGE) code” means--

(1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government
entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and maintains in the
CAGE master file. This type of code is known as an “NCAGE code.”

“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 CCR records
for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11 of the Federal Acquisition
Regulation) for the same parent concern.

“Registered in the CCR database” means that--

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number,
into the CCR database;
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(2) The Contractor's CAGE code is in the CCR database; and

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification
Number (TIN) with the Internal Revenue Service, and has marked the records ``Active.'' The Contractor will be
required to provide consent for TIN validation to the Government as part of the CCR registration process.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be
registered in the CCR 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 CCR 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) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at
http://www.dnb.com; or

(ii) If located outside the United States, by 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 CCR 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) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any
liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR
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database after the initial registration, the Contractor is required to review and update on an annual basis from the date
of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and
complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a
substitute for a properly executed contractual document.

(g)
(1)
(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is
shown on the contract), or has transferred the assets used in performing the contract, but has not completed the
necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall
provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to
(A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C)
agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must
provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform
the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-
of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the
contract will be considered to be incorrect information within the meaning of the "Suspension of Payment"
paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in
the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of
Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR
record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will
be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT
clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the
internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

(End of clause)



252.219-7009      SECTION 8(A) DIRECT AWARD (SEP 2007)

(a) This contract is issued as a direct award between the contracting office and the 8(a) Contractor pursuant to the
Partnership Agreement between the Small Business Administration (SBA) and the Department of Defense.
Accordingly, the SBA, even if not identified in Section A of this contract, is the prime contractor and retains
responsibility for 8(a) certification, for 8(a) eligibility determinations and related issues, and for providing
counseling and assistance to the 8(a) Contractor under the 8(a) Program. The cognizant SBA district office is:

 (To be completed by the Contracting Officer at the time of award)

(b) The contracting office is responsible for administering the contract and for taking any action on behalf of the
Government under the terms and conditions of the contract; provided that the contracting office shall give advance
notice to the SBA before it issues a final notice terminating performance, either in whole or in part, under the
contract. The contracting office also shall coordinate with the SBA prior to processing any novation agreement. The
contracting office may assign contract administration functions to a contract administration office.

(c) The Contractor agrees that--
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(1) It will notify the Contracting Officer, simultaneous with its notification to the SBA (as required by SBA's 8(a)
regulations at 13 CFR 124.308), when the owner or owners upon whom 8(a) eligibility is based plan to relinquish
ownership or control of the concern. Consistent with Section 407 of Pub. L. 100-656, transfer of ownership or
control shall result in termination of the contract for convenience, unless the SBA waives the requirement for
termination prior to the actual relinquishing of ownership and control; and

(2) It will not subcontract the performance of any of the requirements of this contract without the prior written
approval of the SBA and the Contracting Officer.

(End of Clause)



252.219-7010      ALTERNATE A (JUN 1998)

(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration
(SBA) for participation in the SBA's 8(a) Program and which meet the following criteria at the time of submission of
offer--

(1) The Offeror is in conformance with the 8(a) limitation set forth in its approved business plan; and

(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any
remedial action directed by the SBA.

(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this
clause.

(c) Any award resulting from this solicitation will be made directly by the Contracting Officer to the successful 8(a)
offeror selected through the evaluation criteria set forth in this solicitation.

(d)(1) Agreement. A small business concern submitting an offer in its own name agrees to furnish, in performing the
contract, only end items manufactured or produced by small business concerns in the United States. The term
"United States" includes its territories and possessions, the Commonwealth of Puerto Rico, the trust territory of the
Pacific Islands, and the District of Columbia. If this procurement is processed under simplified acquisition
procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the
product of any domestic firm. This subparagraph does not apply in connection with construction or service contracts.

(2) The [insert name of SBA's contractor]           will notify the Department of Army, Engineering and Support
Center, Huntsville. Contracting Officer in writing immediately upon entering an agreement (either oral or written) to
transfer all or part of its stock or other ownership interest to any other party.

(End of clause)



252.223-7001      HAZARD WARNING LABELS (DEC 1991)

(a) "Hazardous material," as used in this clause, is defined in the Hazardous Material Identification and Material
Safety Data clause of this contract.

(b) The Contractor shall label the item package (unit container) of any hazardous material to be delivered under this
contract in accordance with the Hazard Communication Standard (29 CFR 1910.1200 et seq). The Standard requires
that the hazard warning label conform to the requirements of the standard unless the material is otherwise subject to
the labeling requirements of one of the following statutes:
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(1) Federal Insecticide, Fungicide and Rodenticide Act;

(2) Federal Food, Drug and Cosmetics Act;

(3) Consumer Product Safety Act;

(4) Federal Hazardous Substances Act; or

(5) Federal Alcohol Administration Act.

(c) The Offeror shall list which hazardous material listed in the Hazardous Material Identification and Material
Safety Data clause of this contract will be labeled in accordance with one of the Acts in paragraphs (b)(1) through
(5) of this clause instead of the Hazard Communication Standard. Any hazardous material not listed will be
interpreted to mean that a label is required in accordance with the Hazard Communication Standard.

MATERIAL (If None, Insert "None.")                             ACT
__________________________________                             _____________________________
__________________________________                             _____________________________

(d) The apparently successful Offeror agrees to submit, before award, a copy of the hazard warning label for all
hazardous materials not listed in paragraph (c) of this clause. The Offeror shall submit the label with the Material
Safety Data Sheet being furnished under the Hazardous Material Identification and Material Safety Data clause of
this contract.

(e) The Contractor shall also comply with MIL-STD-129, Marking for Shipment and Storage (including revisions
adopted during the term of this contract).

(End of clause)



52.232-5000 PAYMENT FOR MATERIALS DELIVERED OFF-SITE (MAR 1995)--EFARS
  (a) Pursuant to FAR clause 52.232-5, Payments Under Fixed Priced
Construction Contracts, materials delivered to the contractor at locations
other than the site of the work may be taken into consideration in making
payments if included in payment estimates and if all the conditions of the
General Provisions are fulfilled. Payment for items delivered to locations
other than the work site will be limited to: (1) materials required by the
technical provisions; or (3) materials that have been fabricated to the point
where they are identifiable to an item of work required under this contract.
  (b) Such payment will be made only after receipt of paid or receipted
invoices or invoices with canceled check showing title to the items in the
prime contractor and including the value of material and labor incorporated
into the item. In addition to petroleum products, payment for materials
delivered off-site is limited to the following items: To be determined at the
time of contract award_
                                (End of clause)
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Section 00 73 00 - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS
SPECIAL CONTRACT REQUIREMENTS
                                          SECTION 00 73 00 (ID/IQ)

                                            REV 1.0 - 15 AUG 2007

                                   SPECIAL CONTRACT REQUIREMENTS

1.0 GENERAL

1.1 REFERENCES – NOT USED

1.2 DESIGN/BUILD CONTRACT – ORDER OF PRECEDENCE (AUG 97)

1.3 PROPOSED BETTERMENTS (AUG 97)

1.4 SELF-PERFORMANCE OF WORK BY THE PRIME CONTRACTOR (MAR 06)

1.5 PARTNERING (AUG 97)

1.6 KEY PERSONNEL, SUBCONTRACTORS AND OUTSIDE ASSOCIATES OR CONSULTANTS (MAY 06)

1.7 RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN (MAY 02)

1.8 WARRANTY OF DESIGN (FIRM-FIXED PRICE DESIGN-BUILD CONTRACT) (MAY 02)

1.9 CONSTRUCTOR'S ROLE DURING DESIGN (JUN 98)

1.10 VALUE ENGINEERING AFTER AWARD (JUN 99)

1.11 DEVIATING FROM THE ACCEPTED DESIGN (JUN 02)

1.12 GOVERNMENT-FURNISHED RFP DRAWINGS, SURVEYS AND SPECIFICATIONS (JUL 02)

1.13 GOVERNMENT-FURNISHED SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (JUL 03)

1.14 GOVERNMENT RE-USE OF DESIGN (SEP 05)

1.15 ADDITIONAL MONTHLY INCENTIVE PROGRESS PAYMENT (JULY 05)

1.16 US ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL (MAR 06)

1.17 SUPPLEMENTAL PRICE BREAKDOWN INFORMATION

1.18 COORDINATION WITH OTHER CONTRACTORS

1.19 CONTRACTOR PERFORMANCE EVALUATION
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1.20 NOTICE TO PROCEED

1.21 BONDING REQUIREMENTS

1.22 SCHEDULES, PLANS, AND SUBMITTALS REQUIRED BY THE TECHNICAL SPECIFICATIONS

1.23 INDEFINITE-DELIVERY CONTRACTS – NOT USED

1.24 TASK ORDER CONTRACT AND DELIVERY ORDER CONTRACT OMBUDSMAN – NOT USED

1.25 RESIDENT MANAGEMENT SYSTEM

2.0   PRODUCTS NOT USED

3.0   EXECUTION NOT USED
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1.0 GENERAL

1.1. REFERENCES - NOT USED

1.2. DESIGN/BUILD CONTRACT - ORDER OF PRECEDENCE (AUG 97)

(a) The contract includes the standard contract clauses and schedules current at the time of contract award. It entails
(1) the solicitation in its entirety, including all drawings, cuts, and illustrations, and any amendments, and (2) the
successful offeror's accepted proposal. The contract constitutes and defines the entire agreement between the
Contractor and the Government. No documentation shall be omitted which in any way bears upon the terms of that
agreement.

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

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

(2) The provisions of the solicitations. (See also contract Clause: 52.236- 21, SPECIFICATIONS AND
DRAWINGS FOR CONSTRUCTION.)

(3) All other provisions of the accepted proposal.

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

1.3. PROPOSED BETTERMENTS (AUG 97)

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

(d) “Betterment” is defined as any component or system which exceeds the minimum requirements stated in the
Request for Proposal. This includes all betterments identified in the proposal and/or all Government identified
betterments.

1.4. SELF-PERFORMANCE OF WORK BY THE PRIME CONTRACTOR (MAR 06)

(a) The following describes the applicable clause or requirement for self-performance of work by the Contractor,
depending upon the type of solicitation (e.g., unrestricted or full or partial set-aside) and/or whether or not a price
evaluation preference was provided for in the source selection evaluation.

(b) Contract Clause 52.219-14, LIMITATIONS ON SUBCONTRACTING, is the applicable requirement for
awards to small business concerns for solicitations that were fully or partially set-aside for Small Business, 8(a), or
award to a small disadvantaged business (SDB) concern on an unrestricted procurement where an SDB concern has
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claimed a price evaluation preference (but see next paragraph for suspension of the SDB price preference).

1.5. PARTNERING (AUG 97)

In order to most effectively accomplish this contract, the Government proposes to form a partnership with the
Contractor to develop a cohesive building team. It is anticipated that this partnership would involve the Corps of
Engineers, Savannah, GA, the Contractor, primary subcontractors and the designers. This partnership would strive
to develop a cooperative management team drawing on the strengths of each team member in an effort to achieve a
quality project within budget and on schedule. This partnership would be bilateral in membership and participation
will be totally voluntary. All costs, excluding labor and travel expenses, shall be shared equally between the
Government and the Contractor. The Contractor and Government shall be responsible for their own labor and travel
costs.

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

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

1.7. RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN (MAY 02)

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

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

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

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

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

1.8. WARRANTY OF DESIGN (FIRM-FIXED PRICE DESIGN-BUILD CONTRACT) (MAY 02)

(a) The Contractor warrants that the design shall be performed in accordance with the Contract requirements.
Design and design related construction not conforming to the Contract requirements shall be corrected at no
additional cost to the Government. The standard of care for design is defined in paragraph (b) of Special Contract
Requirement RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN.

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

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

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

1.9. CONSTRUCTOR'S ROLE DURING DESIGN (JUN 98)

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

1.10. VALUE ENGINEERING AFTER AWARD (JUNE 99)

(a) In reference to Contract Clause 52.248-3, VALUE ENGINEERING - CONSTRUCTION, the Government may
refuse to entertain a “Value Engineering Change Proposal” (VECP) for those “performance oriented” aspects of the
Solicitation documents which were addressed in the Contractor's accepted contract proposal and which were
evaluated in competition with other offerors for award of this contract.
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(b) The Government may consider a VECP for those “prescriptive” aspects of the Solicitation documents, not
addressed in the Contractor's accepted contract proposal or addressed but evaluated only for minimum conformance
with the Solicitation requirements.

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

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

1.11. DEVIATING FROM THE ACCEPTED DESIGN (JUN 02)

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

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

(c) Any revision to the design, which deviates from the contract requirements (i.e., the Request for Proposals and the
accepted proposal), will require a modification, pursuant to the Changes clause, in addition to Government
concurrence. The Government reserves the right to disapprove such a revision.

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

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

1.12. GOVERNMENT-FURNISHED RFP DRAWINGS, SURVEYS AND SPECIFICATIONS (JUL 02)

This is to clarify that contract clause 252.236-7001, CONTRACT DRAWINGS AND SPECIFICATIONS, refers to
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any Government-furnished design or design criteria included in the Request for Proposal (RFP).

1.13. GOVERNMENT-FURNISHED SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (JUL 03)

This is to clarify that contract clause 252.236-21, SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION,
refers to any specifications and drawings furnished in the Request for Proposal (RFP). The term “specifications”
refers to the design criteria or scope of work, in addition to any attached specifications.

1.14. GOVERNMENT RE-USE OF DESIGN (MAY 06)

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

1.15. ADDITIONAL MONTHLY INCENTIVE PROGRESS PAYMENT (MAY 06)

(a) As an incentive for maintaining satisfactory progress, The Government offers to make an interim monthly
progress payment for satisfactory design and construction work in compliance with the contract, while construction
operations are underway, up to turnover of the facilities to the Government. This is a second monthly progress
payment, in between the regular monthly progress payment that is described in Contract Clause 52.232-5,
PAYMENTS UNDER FIXED PRICE CONSTRUCTION CONTRACTS.

(b) As a condition for the additional progress payment, the Contractor must maintain progress within 2% of
scheduled progress and within 7 calendar days of the scheduled progress along the critical path(s) at the time of
submission.

(c) All requirements of the contract clauses PAYMENTS UNDER FIXED PRICE CONSTRUCTION
CONTRACTS and 52.232-25, PROMPT PAYMENT, will apply to the interim progress payment. In lieu of
submitting an updated progress schedule to substantiate the amounts included in the interim progress payment, the
Contracting Officer will determine what documentation is required to support an interim payment, including the
required Prompt Payment Certification. For the next regular monthly progress payment following an interim
payment, the Contractor shall reconcile the interim progress payment against actual progress.

1.16. US ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL (MAR 06)

In accordance with Contract Clause 52.236-13, ACCIDENT PREVENTION, the Contractor shall comply with the
latest version of Engineer Manual 385-1-1, including any interim revisions, in effect at the time of the solicitation.
EM 385-1-1 and its changes are available at http://www.hq.usace.army.mil/hqhome/ . At the HQ homepage, select
HQ Offices, scroll to Safety & Occ. Health; at the Safety and Occupational Health Home page, select EM 385-1-1,
then most recent dated edition & changes, English Version (controlling with changes), then Changes to EM 385-1-1.
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1.17. SUPPLEMENTAL PRICE BREAKDOWN INFORMATION:

After contract award, the Government will require the Contractor to provide a cost breakdown of the facility by
square foot, including major building systems to the five-foot line, for programming validation purposes. There will
be no separate payment for this information and the Contractor shall include it in the contract price. The Government
will provide a format with the directive IN Phase 2.

1.18. COORDINATION WITH OTHER CONTRACTORS

The contract may be executed on site with multiple contractors. Minimize interference and inconvenience through
cooperation with other authorized contractors. See Contract Clause 52.236-8, Other Contracts.

1.19. CONTRACTOR PERFORMANCE EVALUATION

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
$100,000.00, the USACE will evaluate contractor’s performance and prepare a performance report using the
Construction Contractor Appraisal Support System (CCASS), 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 30 days. Accessing and using CCASS requires specific software, called
PKI certification, which is installed on the user’s computer. The certification is a Department of Defense
requirement and was implemented to provide security in electronic transactions. The certification software could
cost approximately $110 - $125 per certificate per year and is purchased from an External Certificate Authorities
(ECA) vendor. Current information about the PKI certification process and for contacting vendors can be found on
the web site: http://www.cpars.navy.mil/. If the Contractor wishes to participate in the performance evaluation
process, access to CCASS and PKI certification is the sole responsibility of the Contractor.

1.20. NOTICE TO PROCEED

Proof of insurance must be provided within 10 calendar days of contract award. Performance and payment bonds
must be provided within 10 calendar days of the contractor's receipt of the Contract Award. A Notice to Proceed
will not be issued until the Government is in receipt of proof of insurance and acceptable performance and payment
bonds.

1.21. BONDING REQUIREMENTS

Performance and payment bonds will be required for this project, the Contractor will be required to provide a
performance and a payment bond each in the amount of 100% of the Contract Award Price.

1.22. SCHEDULES, PLANS, AND SUBMITTALS REQUIRED BY THE TECHNICAL SPECIFICATIONS

The Contractor will be required to provide the schedule, plans, and submittals required by the Technical
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Specifications, unless otherwise directed by the Contracting Officer.

1.23. INDEFINITE-DELIVERY CONTRACTS: Not Used

1.24. TASK ORDER CONTRACT AND DELIVERY ORDER CONTRACT OMBUDSMAN: Not Used

1.25. RESIDENT MANAGEMENT SYSTEM

The Government will use the Resident Management System for Windows (RMS) to assist in its monitoring and
administration of the task orders issued against the ID/IQ contracts. The Contractor shall use the Government-
furnished Construction Contractor Module of RMS, referred to as QCS, to record, maintain, and submit various
information throughout the task order period. The Contractor module, user manuals, updates, and training
information can be downloaded from the RMS web site: http://www.rmssupport.com/qcs/default.aspx. The user id is
sysdba and the password is masterkey. This joint Government-Contractor use of RMS and QCS will facilitate
electronic exchange of information and overall management of the contract. QCS provides the means for the
Contractor to input, track, and electronically share information with the Government in the following areas:
Administration, Finances, Quality Control, Submittal Monitoring, Scheduling, Import/Export of Data.


2.0        PRODUCTS NOT USED

3.0        EXECUTION NOT USED




ADDITIONAL INFORMATION
The following Sections of the RFP will be provided separately from this RFP document:

SECTION                    TITLE

01 10 00                   STATEMENT OF WORK

01 32 01                   PROJECT SCHEDULE

01 33 00                   SUBMITTAL PROCEDURES

01 33 16                   DESIGN AFTER AWARD

01 45 02                   QUALITY CONTROL SYSTEM (QCS)

01 45 04                   CONTRACTOR QUALITY CONTROL

01 50 02                   TEMPORARY CONSTRUCTION FACILITIES

01 57 20                   ENVIRONMENTAL PROTECTION

01 62 35                   RECYCLED/RECOVERED MATERIAL

01 78 02                   CLOSEOUT SUBMITTALS
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APPENDIX A   GEOTECHNICAL INFORMATION (NOT USED)

APPENDIX B   LIST OF DRAWINGS (NOT USED)

APPENDIX C   UTILITY CONNECTIONS

APPENDIX D   RESULTS OF FIRE FLOW TESTS

APPENDIX E   ENVIRONMENTAL INFORMATION

APPENDIX F   PHOTOS OF SURROUNDING BUILDINGS (NOT USED)

APPENDIX G   GIS DATA (NOT USED)

APPENDIX H   EXTERIOR SIGNAGE (NOT USED)

APPENDIX I   ACCEPTABLE PLANTS LIST

APPENDIX J   DRAWINGS

APPENDIX K   LIFE CYCLE COST ANALYSIS FUEL COST INFORMATION

APPENDIX L   LEED PROJECT CREDIT GUIDANCE

APPENDIX M   LEED OWNERS PROJECT REQUIREMENTS

APPENDIX N   LEED REQUIREMENTS FOR MULTIPLE CONTRACTOR COMBINED PROJECTS
             (NOT USED)

APPENDIX O   LEED STRATEGY TABLES (NOT USED)

APPENDIX P   DIRECTORATE OF PUBLIC WORKS POLICY

APPENDIX Q   INSTALLATION DESIGN GUIDE

APPENDIX R   BORROW PITS

APPENDIX S   EXTERIOR LIGHTING CATELOG

APPENDIX T   DOIM REQUIREMENTS

APPENDIX U   STORMWATER AND EROSION CONTROL PERMITTING

APPENDIX V   DISTRIBUTION SCHEDULE

APPENDIX W   SPECIFIC INSTRUCTIONS FOR SECTION A-10 DRAWINGS

APPENDIX Y   APPENDIX 1 TO ANNEX S TO FS/HAAFAT/FP OPERATION PLAN

				
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