Amendment 0005 of 1305M423RNAAJ0004.pdf

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

1 69

2. AMENDMENT/MODIFICATION NUMBER

1305M423RNAAJ00040005

3. EFFECTIVE DATE

MAR 31, 2023

4. REQUISITION/PURCHASE REQUISITION NUMBER

NA-AJ5730-21-00393

5. PROJECT NUMBER (If applicable)

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

CORPORATE SRVCS ACQUISITION DV

1325 EAST WEST HWY

SSMC2, RM. 11323

SILVER SPRING MD 20910

See Block 6

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NUMBER

1305M423RNAAJ0004

✖ 9B. DATED (SEE ITEM 11)

JAN 06, 2023

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

See Schedule

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

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

IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

See Attachment Page.

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

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

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 15C. DATE SIGNED

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

1305M423RNAAJ0004

Pier Romeo Recapitalization North Charleston, SC

Amendment 0005

The purpose of this Amendment is to accomplish the following:

(1) To remove FAR 52.243-5, Changes and Changed Conditions from

Part II, Contract Clauses - Section I, Clauses incorporated by reference. Clause is removed.

(2) To remove FAR Clause 52.225-10,Notice of Buy American Requirement - Construction Materials from Part II, Contract Clauses - Section I, Clause I.2. Clause is removed.

Subsequent clauses have been renumbered.

(3) To change L.9.2.3.1 SUBFACTOR 1: Offeror’s Organization for the Project as follows:

FROM:

L.9.2.3.1 SUBFACTOR 1: Offeror’s Organization for the Project

L.9.2.3.1.1 Page limit: Two (2) plus the organizational chart.

L.9.2.3.1.2 Identify all of the major members and components of the team that will be utilized for this Project, and explain how their work will be integrated into the overall scope.

L.9.2.3.1.3 Provide an organizational chart showing the relationship between the Offeror, design team, subcontractors, QC personnel, Safety personnel, Commissioning Agent, suppliers, and NOAA.

L.9.2.3.1.4 The Offeror shall provide their communications plan for interfacing with appropriate Government officials (i.e. CO, CS, COR, etc.)

TO:

L.9.2.3.1 SUBFACTOR 1: Offeror’s Organization for the Project

L.9.2.3.1.1 Page limit: Four (4) plus the organizational chart. The Offeror may submit the organizational chart on an 11 X 17 sheet.

L.9.2.3.1.2 Identify all of the major members and components of the team that will be utilized for this Project, and explain how their work will be integrated into the overall scope.

L.9.2.3.1.3 Provide an organizational chart showing the relationship between the Offeror, design team, subcontractors, QC personnel, Safety personnel, Commissioning Agent, suppliers, and NOAA.

L.9.2.3.1.4 The Offeror shall provide their communications plan for interfacing with appropriate Government officials (i.e. CO, CS, COR, etc.)

This response supersedes all previous responses.

(4) To add FAR Provision 52.225-12 Notice of Buy American Requirement - Construction Materials Under Trade Agreements (May 2014) to Part IV - Representations and Instructions, Section K, K.7. Provision is added.

Amendment 0005

FAR Provision 52.225-12 is added as follows:

K.7 FAR 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT - CONSTRUCTION

MATERIALS

a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "designated country 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-Construction Materials Under Trade Agreements" (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute 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 FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute 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 statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(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, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country 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 FAR clause 52.225-11 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 FARclause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction

Amendment 0005 material, and the offeror shall be required to furnish such domestic or designated country 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.

(5) To remove FAR Provision 52.230-1 Cost Accounting Standards Notices and Certification (Jun 2020) from Part IV - Representations and Instructions, Section K. Provision is removed.

(6) To Change L.9.2.4.2 SUBFACTOR 2: Schedule (Oral Presentation and Written Material Required) as follows:

FROM:

L.9.2.4.2 SUBFACTOR 2: Schedule (Oral Presentation and Written Material Required)

L.9.2.4.2.1 Understanding of Project Schedule

L.9.2.4.2.1.1 Page limit: One (1) L.9.2.4.2.1.2 Format: Critical Path Method (CPM) format

L.9.2.4.2.1.3 Provide a project schedule in color, (using Microsoft Project) inclusive of applicable design and construction activities.

Demonstrate an understanding of the Project scope, milestones, restraints, phasing and local conditions.

L.9.2.4.2.1.4 Page limit: Two (2) L.9.2.4.2.1.5 Offeror shall also include a schedule narrative detailing their approach and sequencing of activities for the proposed contract from design through construction.

L.9.2.4.2.1.6 Delay Recovery Examples L.9.2.4.2.1.7 Page limit per example: Two (2). Provide an example of a delay recovery from relevant projects executed within the previous ten (10) years.

TO:

L.9.2.4.2 SUBFACTOR 2: Schedule (Oral Presentation and Written Material Required)

L.9.2.4.2.1 Understanding of Project Schedule

L.9.2.4.2.1.1 Page limit: Two (2) 11 X 17 Sheets L.9.2.4.2.1.2 Format: Critical Path Method (CPM) format

L.9.2.4.2.1.3 Provide a project schedule in color, (using Microsoft Project) inclusive of applicable design and construction activities.

Demonstrate an understanding of the Project scope, milestones, restraints, phasing and local conditions.

Amendment 0005

L.9.2.4.2.1.4 Page limit: Four (4) 8 1/2 X 11 sheets L.9.2.4.2.1.5 Offeror shall also include a schedule narrative detailing their approach and sequencing of activities for the proposed contract from design through construction.

L.9.2.4.2.1.6 Delay Recovery Examples L.9.2.4.2.1.7 Page limit per example: Two (2). Provide an example of no more than three (3) delay recovery examples from relevant projects executed within the previous fifteen (15) years.

This response supersedes all previous responses.

(7) Section L, L.9.2.4.3.5 is changed as follows:

FROM: L.9.2.4.3.5 Location: Oral presentations will be held virtually. The order in which Offerors are scheduled for oral presentations will be determined by the Government. The Offeror retains full responsibility for ensuring its participants are able to gain access into the oral presentation location.

TO: L.9.2.4.3.5 Location: Oral presentations will be held virtually.

The order in which Offerors are scheduled for oral presentations will be determined by the Government. The Offeror retains full responsibility for ensuring its participants are able to gain access into the oral presentation location. The Government reserves the right to record (via video or written transcript) any parts or all of the Offeror’s oral presentation.

(8) To add J.5 Proposal Template Spreadsheet to SAM.gov. Proposal Template has been added to SAM.gov.

(9) To change Section H.54 Key Personnel Verbiage.

Section H.54 Key Personnel is changed as follows:

FROM:

H.54 KEY PERSONNEL

H.54.1 The Contractor agrees that a partial basis for award of this contract is the list of key personnel proposed (must include, but is not limited to Design Manager, Design Quality Control Manager, Project Manager, Project/Construction Superintendent, Quality Control Manager, Health & Safety Manager and Commissioning Agent).

Accordingly, the Contractor agrees to assign to this contract those key persons whose qualifications were submitted with the proposal necessary to fulfill the requirements of the contract. No substitution shall be made without prior notification to and concurrence of the Contracting Officer. During the first thirty days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment.

Amendment 0005

H.54.2 All proposed substitutes shall meet or exceed the qualifications of the person to be replaced. The Contracting Officer shall be notified in writing of any proposed substitution at least ten (10) days, or ninety days in advance of the proposed substitution. Such notification shall include:

H.54.2.1 an explanation of the circumstances necessitating the substitution;

H.54.2.2 a complete resume of the proposed substitute; and

H.54.2.3 any other information requested by the Contracting Officer to enable them to judge whether or not the Contractor is maintaining the same high quality of personnel that provided the partial basis for award.

TO:

H.54 KEY PERSONNEL

H.54.1 The Contractor agrees that a partial basis for award of this contract is the list of key personnel proposed (must include, but is not limited to Design Manager, Design Quality Control Manager, Project Manager, Project/Construction Superintendent, Quality Control Manager, Health & Safety Manager and Commissioning Agent).

Accordingly, the Contractor agrees to assign to this contract those key persons whose qualifications were submitted with the proposal necessary to fulfill the requirements of the contract. No substitution shall be made without prior notification to and concurrence of the Contracting Officer. During the first thirty days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment.

H.54.2 All proposed substitutes shall meet or exceed the qualifications of the person to be replaced. The Contracting Officer shall be notified in writing of any proposed substitution at least ten (10) days, or ninety days in advance of the proposed substitution. Such notification shall include:

H.54.2.1 an explanation of the circumstances necessitating the substitution;

H.54.2.2 a complete resume of the proposed substitute; and

H.54.2.3 any other information requested by the Contracting Officer to enable them to judge whether or not the Contractor is maintaining the same high quality of personnel that provided the partial basis for award.

H.54.3 The following qualifications apply to this solicitation and the resulting contract in regards to the replacement and qualifications of the key personnel. This information can also be

Amendment 0005 found in Section C: Statement of Work, 5.0 DBT Responsibility, 5.3 Other Services, 5.3.1 Construction Phase Requirement, L. Key Personnel.

H.54.3.1 The following individuals are considered to be essential to the successful performance of the work hereunder:

DBT Design Manager DBT Design Quality Control Manager DBT Project Manager DBT Project Superintendent DBT Quality Control Manager DBT Safety & Health Manager DBT Commissioning Agent

H.54.3.2 The DBT agrees that personnel may not be removed from the contract work or replaced without compliance with paragraphs (i) and (ii) of this section.

i. If one or more of the key personnel, for whatever reason, becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the DBT shall immediately notify the contracting officer and shall, subject to the concurrence of the contracting officer, promptly replace the personnel with personnel of at least substantially equal ability and qualifications.

ii. Each request for approval of substitutions must be in writing and contain a detailed explanation of the circumstances necessitating the proposed substitutions. The request must also contain a complete resume for the proposed substitute and other information requested or needed by the contracting officer to evaluate the proposed substitution. The CO and the NOAA COR shall evaluate the DBT's request and the CO shall promptly notify the DBT of his or her decision in writing.

iii. If the CO determines that suitable and timely replacement of key personnel who have been reassigned, terminated, or have otherwise become unavailable for the contract work is not reasonably forthcoming, or that the resultant reduction of productive effort would be so substantial as to impair the successful completion of the contract or the service order, the contract may be terminated by the CO for default or for the convenience of the Government, as appropriate. If the CO finds the DBT at fault for the condition, the contract price or fixed fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss, or damage.

H.54.3.3 DBT Design Manager

Amendment 0005

H.54.3.3.1 The DBT shall provide in writing the name of the design manager and the scope of their responsibility, experience, qualifications, and authority to act for the DBT. Clearly define these items prior to approval from the Government.

H.54.3.3.2 If the design manager is changed this shall be designated in writing immediately, notifying the CO, and is subject to Government approval based on experience and qualifications.

Minimum qualifications include the following:

H.54.3.3.2.A Bachelor’s Degree in Engineering, and current professional engineering licensure in the State of South Carolina

H.54.3.3.2.B Minimum of 10 years of previous design manager experience, managing similar size and scope projects, must have acted as the Project Manager on at least one similar size and scope design build project previously.

H.54.3.3.2.C Experience working for the General Contractor on federal, state, or municipal design-build construction projects.

H.54.3.3.2.D Must be proficient in design management tools and software.

H.54.3.3.2.E Knowledge, skill, and experience with U.S.

design and construction methods, techniques, and standards.

H.54.3.4 DBT Design Quality Control Manager

H.54.3.4.1 The DBT shall provide in writing the name of the design quality control manager and the scope of their responsibility, experience, qualifications, and authority to act for the DBT. Clearly define these items prior to approval from the Government.

H.54.3.4.2 If the design manager is changed this shall be designated in writing immediately, notifying the CO, and is subject to Government approval based on experience and qualifications.

Minimum qualifications include the following:

H.54.3.4.2.A Bachelor’s Degree in Engineering, and current professional engineering licensure in any US State.

H.54.3.4.2.B Minimum of 10 years of previous experience implementing design quality control programs for similar size and scope projects.

H.54.3.4.2.C Experience working for the General Contractor on federal, state, or municipal design-build construction projects.

H.54.3.4.2.D Knowledge, skill, and experience with U.S.

construction methods, techniques, and standards.

H.54.3.4.2.E If the quality control manager is changed this shall be designated in writing immediately, notifying the

Amendment 0005

CO, and is subject to Government approval of the replacement based on experience and qualifications.

H.54.3.5 DBT Project Manager

H.54.3.5.1 The DBT shall provide in writing the name of the project manager and the scope of their responsibility, experience, qualifications, and authority to act for the DBT. Clearly define these items prior to approval from the Government.

H.54.3.5.2 If the project manager is changed this shall be designated in writing immediately, notifying the CO, and is subject to Government approval based on experience and qualifications.

Minimum qualifications include the following:

H.54.3.5.2.A Bachelor’s Degree in Engineering, Architecture, Construction Management, or 15 years of equivalent construction and project management experience.

H.54.3.5.2.B Minimum of 10 years of previous experience managing similar size and scope projects, must have acted as the Project Manager on at least one similar size and scope design build project previously. Must have marine construction experience.

H.54.3.5.2.C Experience working for the General Contractor on federal, state, or municipal design-build construction projects.

H.54.3.5.2.D Must be proficient in project management tools and software.

H.54.3.5.2.E Knowledge, skill, and experience with U.S.

construction methods, techniques, and standards.

H.54.3.6 DBT Superintendent

H.54.3.6.1 The superintendent must be on the job site at all times while work is in progress and can have no other roles or duties. The DBT shall provide in writing the name of the superintendent and the scope of their responsibility, experience, qualifications, and authority to act for the DBT. Clearly define these items prior to approval.

H.54.3.6.2 If the superintendent is changed this shall be designated in writing immediately, notifying the CO, and is subject to Government approval based on experience and qualifications.

Minimum qualifications include the following:

H.54.3.6.2.A A minimum of 15 years of equivalent construction experience.

H.54.3.6.2.B Minimum of 10 years of previous experience working on similar size and scope projects. Must have marine construction experience.

Amendment 0005

H.54.3.6.3.C Experience working for the General Contractor on federal, state, or municipal design-build construction projects.

H.54.3.6.3.D Knowledge, skill, and experience with U.S.

construction methods, techniques, and standards.

H.54.3.7 DBT Quality Control Manager (CQCM)

H.54.3.7.1 The quality control manager must be on the job site at all times while work is in progress and cannot hold any other roles or duties. The DBT shall provide in writing the name of the quality control manager and the scope of their responsibility, experience, qualifications, and authority to act for the DBT. Clearly define these items prior to approval. Minimum qualifications include the following:

H.54.3.7.1.A Bachelor’s Degree in Engineering, Architecture, Construction Management, or Quality Control.

H.54.3.7.1.B Minimum of 10 years of previous experience implementing construction quality control programs for similar size and scope projects.

H.54.3.7.1.C Experience working for the General Contractor on federal, state, or municipal design-build construction projects.

H.54.3.7.1.D Experience on projects requiring formal, extensive commissioning plans and programs.

H.54.3.7.1.E Knowledge, skill, and experience with U.S.

construction methods, techniques, and standards.

H.54.3.7.2 If the quality control manager is changed this shall be designated in writing immediately, notifying the CO, and is subject to Government approval of the replacement based on experience and qualifications.

H.54.3.8 DBT Site Safety & Health Manager (SSHM)

H.54.3.8.1 The quality SSHM must be on the job site at all times while work is in progress and cannot hold any other roles or duties. The DBT shall provide in writing the name of the SSHM and the scope of their responsibility, experience, qualifications, and authority to act for the DBT. Clearly define these items prior to approval.

H.54.3.8.2 If the SSHM is changed this shall be designated in writing immediately, notifying the CO, and is subject to Government approval based on experience and qualifications. Minimum qualifications include the following:

H.54.3.8.2.A Bachelor’s Degree in Safety, Engineering, Architecture, Construction Management, or 10 years of safety management experience.

Amendment 0005

H.54.3.8.2.B Minimum of 5 years of previous experience as Site Safety Health Manager for similar size and scope projects.

H.54.3.8.2.C Experience working for the General Contractor on federal, state, or municipal design-build construction projects.

H.54.3.8.2.D Experience on projects requiring formal, extensive commissioning plans and programs.

H.54.3.8.2.E Knowledge, skill, and experience with U.S.

construction methods, techniques, and standards.

H.54.3.9 DBT Commissioning Agent

H.54.3.9.1 The commissioning agent shall hold no other roles or duties. The DBT shall provide in writing the name of the commissioning agent and the scope of their responsibility, experience, and qualifications. Clearly define these items prior to approval.

H.54.3.9.2 If the commissioning agent is changed this shall be designated in writing immediately, notifying the CO, and is subject to Government approval based on experience and qualifications.

Minimum qualifications include the following:

H.54.3.9.2.A Current Certified Commissioning Professional (CCP) certification from the Building Commissioning Association, or ASHRAE’s Building Commissioning Professional Certification (BCXP).

H.54.3.9.2.B Minimum of 5 years of previous experience commissioning experience for similar size and scope projects.

H.54.3.9.2.C Experience working for the General Contractor on federal, state, or municipal design-build construction projects.

H.54.3.9.2.D Experience on projects requiring formal, extensive commissioning plans and programs.

H.54.3.9.2.E Knowledge, skill, and experience with U.S.

construction methods, techniques, and standards

(10) H.55 CAR 1352.237-75 KEY PERSONNEL (APR 2010) is added as follows:

H.55 CAR 1352.237-75 KEY PERSONNEL (APR 2010)

(a) The contractor shall assign to this contract the following key personnel:

(Name) DBT Design Manager (Name) DBT Design Quality Control Manager (Name) DBT Project Manager (Name) DBT Project/Construction Superintendent (Name) DBT Quality Control Manager (Name) DBT Health & Safety Manager

Amendment 0005

(Name) DBT Commissioning Agent

(b) The contractor shall obtain the consent of the Contracting Officer prior to making key personnel substitutions. Replacements for key personnel must possess qualifications equal to or exceeding the qualifications of the personnel being replaced, unless an exception is approved by the Contracting Officer.

(c) Requests for changes in key personnel shall be submitted to the Contracting Officer at least 15 working days prior to making any permanent substitutions. The request should contain a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. The Contracting Officer will notify the contractor within 10 working days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes.

(11) Include “Southeast Marine Operations HUB Project Final Environmental Assessment - January 2023” in Section J.6 of the solicitation.

(12) Provide the Offeror’s Questions and Government’s Responses

Offeror’s Question: Does the warehouse need to be raised due to the AE Flood zone? If so, what finished floor elevation should we use?

Government’s Response: Please design the warehouse to per the RFP.

Offeror’s Question: Part 4 - Project Specific Requirements, Section 5.A.7. Confirm optional 2-ton jib crane shall be included in Optional CLIN 0002 - Main Floating Pier pricing? If not, where?

Government’s Response: Confirmed, include the Jib Crane in CLIN 0002

Offeror’s Question: Section 10 paragraph C.b states to provide two

(2) substations. Is this to provide redundancy? Should the substations be connected with a tie-breaker?

Government’s Response: Tie-Breaker is not required.

Offeror’s Question: FAR 52.232-5(e) and RFP Section I.6(e), pg. 216, states retainage will only be retained "if satisfactory progress has not been made," but RFP Section G.9.3, pg. 84, states that "two (2) percent of the contract value will be retained" (or and released, in part, upon final completion and the remaining thereafter. To be consistent with the Order of Precedence stated in RFP Section G.15, https://drive.google.com/drive/folders/1WRniUbS8tVzUzfPf9gY8KMEJpmPvDTIz

Amendment 0005

pg. 86, please confirm that any retainage will be held in accordance with FAR 52.232-5(e) and RFP Section I.6(e) or explain what is intended.

Government’s Response: The retainage mentioned in Section G.9 entitled MONTHLY PROGRESS PAYMENT REQUESTS (Application for Payment) is not in accordance with FAR 52.232-5(e), but instead shall be referenced on your SOV for the following activities outlined: G.9.3 An amount of two (2) percent of the contract value will be retained and reflected in the Schedule of Values. In accordance with the payment provision of the contract, the retained amount will be released to the contractor as follows:

G.9.3.1 One (1) percent of the retained amount will be released to the contractor upon submission and acceptance of the Contract’s required Final Completion/Closeout Documents.

G.9.3.2 The remaining one (1) percent of the retained amount will be released upon attainment of Final Acceptance (see Section/Paragraph E.4).

Offeror’s Question: Per FAR 52.228-1 that is incorporated by Addendum No 1, the Bid Guarantee is 20% of the bid price, or $13,000,000.00 whichever is less. In prior Design Build projects with other Government entities such as NAVFAC and USACE, the maximum amount for a Bid Guarantee was $3,000,000.00. Please confirm that Bid Guarantees shall be the lesser of 20% of the bid price or $3,000,000.00, or explain the basis for the deviation from prior practice.

Government’s Response: FAR 52.228-1(c) specifically states, "The amount of the bid guarantee shall be _______ percent of the bid price or $_____, whichever is less." The fill-in by the NOAA Contracting Officer as provided in Amendment 0001 is "(c) The amount of the bid guarantee shall be 20 percent of the bid price or $13,000,000.00, whichever is less." as per the clause at L.9.2.7.8.1.

Offeror’s Question: The RFP calls for aircraft public and passenger liability insurance. Since this is not applicable for this project, can you please omit from the insurance requirements. Most contractors will not carry this insurance.

Government’s Response: In accordance with Section H.55 CAR 1352.228-70 INSURANCE COVERAGE (APR 2010) (d) Aircraft public and passenger liability is required "When aircraft are used in connection with performing the contract, the contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater."

Amendment 0005

Offeror’s Question: L.9.2.3.2.1. Confirm this table can be 11x17 size if needed?

Government’s Response: Confirmed.

Offeror’s Question: L.9.2.4.2.1.6 Delay Recovery Examples. States 2 pages per example, but it does not specifically state how many examples are required. Please provide the number of examples to be provided?

Government’s Response: This Section has changed FROM: L.9.2.4.2.1.6 Delay Recovery Examples L.9.2.4.2.1.7 Page limit per example: Two (2). Provide an example of a delay recovery from relevant projects executed within the previous fifteen (15) years. TO: L.9.2.4.2.1.6 Delay Recovery Examples L.9.2.4.2.1.7 Page limit per example: Two (2).

Provide an example of no more than three (3) delay recovery examples from relevant projects executed within the previous fifteen (15) years.

Offeror’s Question: L.9.2.5.1.1.5. This section seems to allow the Offeror to use key subcontractor project past performance. As a design-build contractor, we have successfully completed several similar marine design-build projects where our marine subcontractor was a subcontractor to us, the Prime Offeror, and not a JV partner.

The Offeror can provide supporting documentation such as a teaming agreement or letter of commitment with both prime/subcontractor firm authorized signatures. Please confirm the Offeror can utilize the project past performance of our marine subcontractor partner for no more than 50% of the total submitted past performance information (no more than 2 of 5 projects)? If a teaming agreement with the subcontractor is required to be included, confirm it should be included in Volume Two, section L.9.2.7.10.1?

Government’s Response: Confirmed. The offeror shall comply with Section L.9.2.5.1.1.5 “The Offeror may submit no more than 50% of total submitted past performance information (no more than two of five) regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the acquisition.”

Offeror’s Question: L.9.2.5.3 states past performance refers to the Offeror's performance on active and physically completed projects.

Please define what qualifies for an active project? For a relevant design-build project, if we have submitted the final design and are well into the permit process, is this considered active?

Government’s Response: Active projects are projects currently under construction.

Amendment 0005

Offeror’s Question: M.3.5.2 States the Government will evaluate the commitment of key personnel not currently employed of the Offeror?

What does this mean?

Government’s Response: Please reference Section L.9.2.3.2.3 which requires "Resumes for each key personnel not currently employed by the Offeror must indicate that the proposed key personnel intends to accept the position if the Offeror is selected and shall confirm that the parties have mutually agreed to a salary." The Government will ensure this requirement is met.

Offeror’s Question: L.12 Please confirm that any Contractors or Consultants listed to assist in evaluation of the proposals will sign a Non-Disclosure Agreement (NDA) with the Government to not share any information from the Offerors proposals, and the Offeror can get a copy of the NDA?

Government’s Response: Confirmed; however, Offerors will not be permitted a copy of the signed NDA.

Offeror’s Question: M.3.6.4.1 states... "demonstrated by the combined project examples." What is meant by this?

Government’s Response: For A/E Firms who do not have individual projects representative of the project scope and complexity, the Government will evaluate the design project experience demonstrated by the combined project examples.

Offeror’s Question: M.5.5.4 Assume no page count for this requirement?

Government’s Response: Correct. This is for Responsibility Determination to be completed by the Government in accordance with FAR 9.104-1. Offerors are reminded Section L outlines the specifics for what is required to be submitted in each Offer/Proposal; whereas Section M outlined how the Government will evaluate each Offer/Proposal. Therefore, the requirements for your Offer/Proposal will NOT be outlined in Section M.

Offeror’s Question: M5.5.6.1. What is meant by this section? It discusses proposed personnel identified to replace originally offered project personnel? Is it just a statement or is anything required?

Government’s Response: Offerors are reminded Section L outlines the specifics for what is required to be submitted in each Offer/Proposal;

whereas Section M outlined how the Government will evaluate each Offer/Proposal. Therefore, the requirements for your Offer/Proposal will NOT be outlined in Section M.

Amendment 0005

Offeror’s Question: The SF 1442, 13.d has a 180 calendar day Government acceptance period for award. Being a design-build with a lengthy design period that includes an unusual 6 months of Government review duration puts final design and subcontractor award about 18 months after bids are submitted. This is an unreasonable time frame for subcontractors to hold their pricing especially in the current volatile market. Please consider reducing the Government award period from 180 days to 90 days?

Government’s Response: At this time the Government will NOT be reducing the price validity from 180 calendar days to 90 calendar days.

Offeror’s Question: L.9.2.4.3.6 Offeror Participants and L.9.2.4.3.9 Rules of Engagement for Oral Presentations. As a design-build contractor, we have successfully completed several similar marine design-build projects where our designer and marine subcontractor were subcontractors to us, the Prime Offeror, and not JV partners.

Please allow the 3rd participant in the Oral Presentation to be our marine subcontractor. The Offeror can provide supporting documentation such as a teaming agreement or letter of commitment with both prime/subcontractor firm authorized signatures. Please confirm this is acceptable? If a teaming agreement with the subcontractor is required to be included, confirm it should be included in Volume Two, section L.9.2.7.10.1?

Government’s Response: Section L.9.2.4.3.9.1 has been revised:

FROM:

L.9.2.4.3.9.1 The Offeror’s presentation team shall consist of the anticipated Design Manager and Construction Project Manager. Although the other individual can be supporting any other key roles, the team is expected to be able to answer any questions. Attendees are limited to the Prime Offeror only. The only exception to this would be if a team is proposing as a Joint Venture (JV) or a major subcontractor to the Prime.

TO:

L.9.2.4.3.9.1 The Offeror’s presentation team shall consist of the anticipated Design Manager and Construction Project Manager. Although the other individual can be supporting any other key roles, the team is expected to be able to answer any questions. Attendees are limited to the Prime Offeror only. The only exception to this would be if a team is proposing as a Joint Venture (JV) or a major subcontractor to the Prime.

Offeror’s Question: Amendment 001 re-issued Section B through L.

Please confirm the only changes to these sections are the changes made in red text?

Government’s Response: It is the responsibility of the Offeror to review all documentation for changes.

Amendment 0005

Offeror’s Question: Please confirm that the gangway for the small vessel floating dock should be included in CLIN 0005?

Government’s Response: Confirmed.

Offeror’s Question: Please confirm all work to 5 ft outside the warehouse shall be included in CLIN 0004?

Government’s Response: Confirmed.

Offeror’s Question: Please confirm the Maritime Forest cost shall be included in CLIN 0006?

Government’s Response: Confirmed.

Offeror’s Question: Since there are no specific quantities or locations of HAZMATs in soils or below grade, please confirm if any HAZMATS found in the ground this will be handled as a changed in site condition?

Government’s Response: Confirmed. Will be handled as differing site conditions.

Offeror’s Question: Please confirm that we will get the CAD version of the RFP bridging drawings after award?

Government’s Response: Autocad files are not available and will not be provided for this requirement.

Offeror’s Question: Amendment 0001 RFI response confirmed design is to be provided for the EV charging stations. Please confirm we are to include the construction for the EV charging stations too?

Government’s Response: Confirmed there should be 4 (EV) charging stations and should be included in the design and construction of this contract.

Offeror’s Question: Amendment 0001 confirmed the VE Conferences.

Please provide clarification of value engineering on a lump sum design-build project? Provide what stage in the design will this occur?

Government’s Response: Technically VE can occur in all stages. and meetings will be held after each major design step, IE 35%/65%/95%/IFC and then twice during construction. It is an opportunity for the DBT to suggest changes that would benefit the government and DBT.

Offeror’s Question: L.9.2.4.1.4. Allows for JV project examples. As a design-build contractor, we have successfully completed several

Amendment 0005 similar marine design-build projects where our marine subcontractor was a subcontractor to us, the Prime Offeror, and not a JV partner.

Please allow the Offeror to utilize the experience of our marine subcontractor partner to demonstrate technical project experience for their proposed role in the Project where the marine subcontractor is limited to one project. The Offeror can provide supporting documentation such as a teaming agreement or letter of commitment with both prime/subcontractor firm authorized signatures. Please confirm this is acceptable? If a teaming agreement with the subcontractor is required to be included, confirm it should be included in Volume Two, section L.9.2.7.10.1?

Government’s Response: Please reference the following for usage of subcontractor information “Section L.9.2.5.1.1.5 The Offeror may submit no more than 50% of total submitted past performance information (no more than two of five) regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the acquisition.”

Offeror’s Question: Amendment 001 mentions a 3 point turnaround for fire trucks, but the RFP mentions semi tractor trailers accessing the pier. The pier is not sized for these trucks to safely turnaround or backup the gangway. Please confirm semi tractor trailers will not be accessing the pier?

Government’s Response: The Design Concept Narrative clearly states that the pier must be able to support AASHTO HS-20 loading, along with other requirements as mentioned in Section 5.N.1.a.

Offeror’s Question: The RFP references Executive Order 14057 which includes numerous goals and objectives. Please confirm the only EO scope to be included in our scope of work is specfically detailed in RFP which is meeting the LEED Silver requirement?

Government’s Response: The information is laid out in the Narrative.

The Living Shoreline is included in CLIN 0006, The project is looking for LEED Silver. The warehouse work is covered in CLIN 0004.

Electrical Vehicle (EV) Stations are covered in CLIN 0003. Other considerations are not required for this scope.

Offeror’s Question: Amendment 001 RFI response states the generator to be located outside on a pad. Please confirm that the generator needs to be elevated above the 100 year flood plain in which it may need to be set on an elevated platform?

Government’s Response: Confirmed.

Offeror’s Question: In evaluating the project schedule, please confirm that the in-water USACE permit and SCDHEC permit and any others are being procured by the Government and will be received

Amendment 0005 prior to 95% design submission? Please provide the permits being procured by the Government?

Government’s Response: Confirmed.

Offeror’s Question: The Section C Table of Deliverables: Table 1A lists material submittals need to be submitted at IFC Review Meeting.

We will not have all trade subcontractors awarded until after IFC approval so this requirement cannot be met. Please confirm that material submittals can occur after IFC approval?

Government’s Response: Direction has been provided in Section C Table of Deliverables.

Offeror’s Question: The Section C Table of Deliverables: Table 1A lists the Government review of design submission as 30 days. Please confirm this is 30 calendar days?

Government’s Response: The Government design submission review period will be reduced to twenty (20) business days.

Offeror’s Question: The Section C Table of Deliverables: Table 1A lists the Government review of design submission as 30 days and also requires the DBT team to resubmit a corrected design submission within 10 days after the Design Review meeting. The 30 day review and 10 day resubmission for the 35 / 65 / 95 / IFC design submissions, significantly extends the overall design duration of the project. Please consider reducing the 30 day review and eliminating the resubmission requirement to support an already challenged project schedule?

Government’s Response: Concur, the thirty (30) business can be reduced to twenty (20) business days for Government review of design submittals.

Offeror’s Question: Please provide as-built drawings for the existing mooring blocks along the shoreline and confirm these will need to be removed as part of the living shoreline option.

Government’s Response: The As-Built drawings available to the Government were uploaded to Section J.6 via Amendment 0001.

Offeror’s Question: Will the 24” steel pipe that runs parallel to the shoreline and MH timber piling need to be removed as part of the living shoreline. Steel pipe shown on page 22 of 62 of the as-builts.

Government’s Response: To be determined by the DBT in their design.

Offeror’s Question: Concept drawing C-113 note 9 lists a 5' x 24' pedestrian aluminum gangway. SOW page 18 says a new covered gangway.

Please confirm if the gangway is to be covered or not covered.

Amendment 0005

Government’s Response: The gangway is to be covered.

Offeror’s Question: Is it a requirement to pile support upland structures such as generator/switchgear pads and electrical duct banks, etc. ?

Government’s Response: The structures must meet RFP requirements, including associated codes. It is up to the DBT to ensure that happens within their design.

Offeror’s Question: Please provide the Floating Pier Mooring Analysis and Calculations that were offered at the Pre-bid Site Walk on 02-09-23.

Government’s Response: As part of the Concept Documents, a preliminary analysis was conducted to determine the size of the piles for the project. The design/build contractor will be responsible for conducting their own mooring analysis based upon the design criteria as part of their design for the pier.

Offeror’s Question: Are the Timber Fender Piles and Wood Spacers Pressure Treated or Creosote Coated?

Government’s Response: It should be assumed they are creosote treated.

Offeror’s Question: Page 6 of 70 in the concept Documents states, "The existing Pier Romeo sign will be refurbished and modernized as part of the work associated with the project". Please confirm that this will include the complete sign above the concrete footings, vertical sign members, sign truss and sign. What CLIN should this cost be included, CLIN 0001?

Government’s Response: Confirmed. Costs should be included in CLIN 0002.

Offeror’s Question: Does the existing guard shack get removed? If yes, what CLIN should this cost be included, CLIN 0001?

Government’s Response: Yes. CLIN 0001.

Offeror’s Question: Page 22 of 161 of the RFP states to include a Marine Mammal Protection Plan in accordance with the USACE 404. Will trained employees be adequate for monitoring or will the USACE 404 require 3rd Party Observer Services?

Government’s Response: The contractor should assume the 404 Permit will require specific training and experience qualifications to perform the duties as a Marine Mammal Monitor

Amendment 0005

Offeror’s Question: During the Seawall Installation, it is assumed that Temporary Security Fence will need to be installed so that the existing Security Fence can be removed and the Seawall Constructed.

Please confirm that the Temporary Security Fence will need to be the same as the permanent as listed on page 59 of 161 of the RFP.

Government’s Response: Confirmed.

Offeror’s Question: During the Site Visit, an unknown Electrical Building was described as being a part of the Scope of Work to remove. There is not sufficient information or details to provide pricing. Please provide details of the electrical system and what is required to be removed or relocated.

Government’s Response: Abandoned electrical panels, feeder, and wiring are to be removed.

Offeror’s Question: F.8.1 Project Execution Schedules shall be submitted to the COR for acceptance in Critical Path Method (CPM) using either P6 or Microsoft Project. Is P6 acceptable to use?

Government’s Response: The Government will only be utilizing Microsoft Project.

The first sentence of Section F.8 has been revised:

FROM:

F.8.1 Project Execution Schedules shall be submitted to the COR for acceptance in Critical Path Method (CPM) using either P6 or Microsoft Project.

TO:

F.8.1 Project Execution Schedules shall be submitted to the COR for acceptance in Critical Path Method (CPM) using Microsoft Project.

Offeror’s Question: Please confirm that all of the PC Concrete Piles are 18" square, the pile caps are all 4'-6" wide x 2'-0" tall and the typical concrete deck thickness is 2'-0". The as-builts have missing drawings and are unclear.

Government’s Response: All available information and As-Builts have been provided. It is the Contractor's responsibility to ensure their bids are complete.

Offeror’s Question: We request NOAA reconsiders the length of the bid date extension provided in Amendment 1. This project involves specialty design & construction of a large floating pier and our team is presently evaluating multiple options. As these alternatives require engineering innovation, fabrication considerations and constructability input, in order to develop a sound design approach and comprehensive estimate, additional time is needed to reduce the

Amendment 0005 contingency we would carry for potential unknowns. Providing the bidders with additional time should reduce the risk assumed by the D/B Team and translate to more advantageous pricing and added value for NOAA.

Government’s Response: Proposal due date was extended via Amendment 0003 to April 18, 2023 (12:00 PM Eastern Time).

Offeror’s Question: Concept Drawing C-110 shows proposed 6’ high fence across water frontage. Solicitation SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT G2040 SITE DEVELOPMENT

calls to Secure the site using a 2.43 meter (8-foot) high chain link security fence with three stands of barbed wire.