Amd_2_-_13-102-SOL-00001_Phase_1_Kayenta_Staff_Quarters_Project.pdf

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

01 07

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

Amendment 2 02/05/2013

6. ISSUED BY CODE 7. ADMINISTERED BY (if other than item 6) CODE Division of Engineering Services – Seattle 2201 6th Avenue – Mail Stop RX-24 Seattle, WA 98121

8. NAME AND ADDRESS OF CONTRACTOR (x) 9A. AMENDMENT OF SOLICITATION NO.

13-102-SOL-00001

9B. DATED (SEE ITEM 11)

01/11/2013

(x) 10A

MODIFICATION OF CONTRACT/ORDER

NO.

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. Th hour and date specified for receipt of Offers is extended, is not extended, Offers must acknowledge receipt of his 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 telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required) N/A

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

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

(x) A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CON-

TRACT ORDER NO. IN ITEM 10A.

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

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

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

13-102-SOL-00001, Kayenta Staff Quarters Project

See attached for amended items.

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

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

NSN 7540-01-152-8070 30-105 STANDARD FORM 30 (REV 10-83)

Previous Edition Unusable Prescribed by GSA FAR (48 CFR) 53.243

Kayenta Staff Quarters Project 13-102-SOL-00001 Kayenta, Arizona Amd. 2 2/5/13

Questions Received from Potential Offerors

Personal and extraneous information has been redacted.

1. Question: “…XXX could (you) help me find out, what you all recognize as a JVA? Is there a formal JVA process through SBA that you are looking at?

And also just need confirmation on what exactly do you need to identify a TSB status to have an advantage on this project?”

Answer: Questions concerning Joint Venture agreements and other small business requirements are the responsibility of the offeror and may be clarified by contacting the Small Business Administration at http://www.sba.gov/.

2. Question: “1. For Section 8, Project Listing, is there a minimum or a maximum number of projects that is required/allowed?

2. For projects, is there a minimum dollar limit?

3. For Section 7, Past Performance, a past performance questionnaire is included in Attachment B, can a PPQ from a previously submitted proposal be used in lieu of the one in Attachment B?”

Answer: 1) There is no limit on the number of projects submitted. 2) There is no minimum dollar limit, however, similar in size and complexity would indicate offerors should be reasonable with their submissions. 3) Format may be altered; however, all information should be addressed.

3. Question: “Could you please send me any information that you have on the Apartments/Condominium project or direct me to who I can speak with about this project?”

Answer: The solicitation and amendment (s) are posted at FBO.gov and may be found with this link:

https://www.fbo.gov/index?s=opportunity&mode=form&id=f38043c78a0230157 436fd34c88c1d4e&tab=core&_cview=1

4. Question: “1) Regarding Attachment B: Past Performance Questionnaire, do you require offerors to have a reference fill out this form for every project submitted as a "similar project" in Section 4? 2) Do you require the Attachment B to be included for the A/E firm's projects or just the builder's?”

Answer: 1) Yes. 2) Yes, if there are individual companies teaming together for this project submission, projects performed by the team and by individual team members should be submitted, if individual team members have specific experience and performance components presented.

5. Question: “Will U.S. laws prevail when awarding this contract or would it be subjected to a different set of Native American laws?”

Answer: This acquisition is being conducted in accordance with Federal http://www.sba.gov/ https://www.fbo.gov/index?s=opportunity&mode=form&id=f38043c78a0230157436fd34c88c1d4e&tab=core&_cview=1 https://www.fbo.gov/index?s=opportunity&mode=form&id=f38043c78a0230157436fd34c88c1d4e&tab=core&_cview=1

Acquisition Regulations and will result in a contract with the United States Government, Indian Health Services. Construction will be performed on the Navajo Nation and laws of the Navajo Nation shall be complied with while on the reservation.

6. Question: “Can the Past Performance Evaluation (Attachment B) and Similar Project Template (Attachment C) be used for projects other than those being submitted in Section 4?”

Answer: The evaluation criteria are defined within the solicitation and other information provided by the offerors will not be considered.

7. Question: “Per the response in amendment 1 question 8 (below):

Answer: 1) Projected phasing of the work is based on the anticipation of funding spread out over three years. Initial phase to complete design, develop the site, construct common features and amenities, construct a 10-20 unit apartment style housing unit, along with some number of initial single family housing units. Phase two would construct a significant number of additional units. Phase three would complete the project.

Actual phasing of the work will follow funding with the highest priority of funding directed to completion of the hospital.

2) The Miller Act (40 U.S.C. 3131 et seq.) requires performance and payment bonds for any construction contract exceeding $150,000 as per FAR 28.102-1. Although funding for this project is anticipated to be phased, there is a possibility that it could be funded in its entirety. This would require the successful offeror to be able to obtain complete bonding coverage. The $40,000,000.00 bonding capacity requirement stands.

Clarification (Questions):

1) Answer 1: Is the initial scope to complete entire site development or maximize available dollars and only develop the sites where units will be constructed? The comment “Actual phasing of the work will follow funding with the highest priority of funding directed to completion of the hospital.” Please clarify that hospital construction is not part of the scope.

2) Question 2: Is this project’s initial funding subject to the FY13 budget approval? If not totally funded this year, will the entire project be awarded or will the subsequent phases (phases II & III) be competed separately?”

Answer:

1) The initial award will be made for the funding available with the intent of maximizing site work first, common features and amenities next and units after, to the extent funding will allow. The hospital construction is NOT part of the scope of this work.

2) Part of the funding of this project is subject to the FY13 budget. It is Indian Health Service’s intent to have option items defined in the Phase II solicitation that may be exercised as funding is secured throughout the duration of this project. Exact timing of the funding is unknown at this time.

8. Question: “In Section 4, Community/Town Planning and Development, "Similar size and complexity is defined as design/construction projects greater than $5 million. Provide information for projects in progress or completed within five (5) years prior to the date of the RFQ's issuance."

The question is, (1) for all "similar projects" described in the response, particularly in Section 8-Project Listing, is it a requirement that all projects be both over $5 million and within the last 5 years? Or, will you accept the submission of projects that are either under $5 million and/or older than 5 years if they are similar in nature to the proposed project? If so, will these projects be considered equally with those that are over $5 million and completed within 5 years or at a lesser value?

XXX (2) (D)o you require a Section 7 Past Performance questionnaire for each project included in Section 8-Project Information whether it is a project completed by the builder or by the architect on the team?”

Answer:

1) Similar project guidance is intended to convey a minimum benchmark of relevance.

2) Please see the answer to Question 4, above.

9. Question: “Per Section 4, pp. 8 of the Solicitation, relevant projects are to be completed within the past five (5) years. XXX (1) (May we present projects we have completed within) the past seven (7) years(?) XXX (2) (May) projects at least 95% complete be allowed to be included as ‘past performance’ experience(?)”

Answer:

1) Offerors may provide project extending past the five year timeframe, however, the experience and performance achieved more recently will be evaluated with a higher level of relevance.

2) Projects currently in process and/or under construction may be used in response to experience and past performance submittals.

10. Question: “Where are the PLANS?” XXX

Answer: There are no plans. This is a Two-Phase Design-Build acquisition and this process is explained further in FAR 52.236-3.

For your convenience, here is a link:

https://www.acquisition.gov/far/current/html/Subpart%2036_3.html#wp1076441

11. Question: “On page 10 of 15, Section 7: Past Performance, item B.

states: “Offeror shall provide at least two (2) contact names for each project, email addresses, telephone numbers and name of project for the projects identified by the Offeror under all evaluation factors.

Example projects for specific conditions or situations are required under Section 2.C, Section 3. A-F, Section 4. A-E, Section 5. A & B, Section 6. A- H. If each one has an example or two, then the above solicitation statement indicates it is possible that the required information may be provide on as many as 22 projects or more (if each condition or situation has a separate example from any other Section’s example).

Some of the projects we will reference under those sections will be included under Section 7, for which we will provide the required information; however, we may not reference all of the projects we include in Section 7 under any other proposal Section. We understand that Past Performance Questionnaires must be completed for those projects included under Section 7.

• 1) Is it necessary to provide the information stated on page 10 of 15, Section 7: Past Performance for each and every project referenced in the proposal?

• 2) Are we to provide Past Performance Questionnaires for all projects referenced in our proposal?

• 3) Also, if we only have one customer contact who is knowledgeable about our work on a project and/or who is authorized to provide commentary, is it necessary to provide two references? In some cases, only one person with a government agency or commercial client can provide viable commentary.”

1) Yes.

2) Yes.

3) You may provide only one contact name, however, the intent is to ensure we are able to contact someone who is familiar with your work.

12. Question:

1) “Requirement for 2 contacts per project:

Section 7, subsection B on p.10 is calling for the Offerer to provide at least two contact names for each project identified in our proposal.

Please clarify where these references and contact information are to be shown.

• Is the questionnaire form provided to be modified to add a second contact to accommodate this requirement?

• Or, are we to include a list of project references under Section 7 in our proposal?

• Or, Can we just include the two references for each project on their corresponding project listing sheets provided in Section 8?

2)Section 7 proposal format:

Please clarify the format of what you are asking for under Section 7:

Past Performance.

• Do you want us to list each project separately and address the stated components and characteristics (i.e., Design Schedule Control, Design Cost Control, Construction Schedule Control, Cost Control, Change Order Management, Safety, Self- Performance, Claims Avoidance, Project Management, and Site

Logistics) within our coverage of each specific project?

• Or do you want us to just provide examples from various projects under headings for the stated components and characteristics (i.e., Design Schedule Control, Design Cost Control, Construction Schedule Control, Cost Control, Change Order Management, Safety, Self-Performance, Claims Avoidance, Project Management, and Site Logistics), and list the corresponding projects as a project listing sheet in Section 8?

• Are we to only include past performance information on projects of similar size and complexity and defined under Section 4 or can we utilize other projects that we deem as relative?

3)Definition of Similar Size and Complexity:

Please clarify the definition of the “similar size and complexity” requirement stated in Section 4.

• Is the definition of “similar size and complexity” simply: 1) Any design/ construction projects greater than $5 million?

• Or is it 1) Design/ construction projects greater than $5 million, 2) That are in progress or completed within five (5) years prior to the issuance of the RFQ, 3) That are a new residential housing community, 4) That are associated with a dedicated purpose (i.e. military, hospital, institutions), and 5) That include architectural, landscaping, sustainability, structural, streets, street-sidewalks, electrical, and plumbing.

4)Could you also clarify where we are to provide information on these projects in our proposal? It appears that we are to include them several times; in Section 2.D, beginning of Section 4, Section 7, and Section 8 Project Listings.

5) Also, will the submission due date be extended to provide adequate time to adjust proposals following the issuance of the next amendment?”

1) Submissions may show the required information in any location. The questionnaire forms are provided for ease of use, not as a requirement.

They may be modified to provide two contacts; you may include a list of project references under Section 7; you may include the references in Section 8.

2) Section 7, Project Format may be formatted/displayed in any manner that facilitates the evaluation of the established criteria. As for “similar size and complexity”, please see the answer to Question 8 , 1).

3) Definition of Similar Size and Complexity, please see the answer to Question 8, 1).

4) Information on projects of “similar size and complexity” shall be provided in numerous Sections of the response, those your question listed as well as Sections 3, 5 and 6.

5) The response date will not be extended.

13. Question: “I looked through the FedBizOps regarding the Kayenta Staff

Quarters Project Sol. #13-102-SOL-00001 and I can’t find any drawings.

Are there any drawings that you are aware of the you could either send to me or that I can access?”

Answer: There are no drawings provided with either phase of this selection process. Please refer to FAR 36.3. Below is a link for your convenience:

14. Question: “… do you know if any asphalt paving and or budgeting numbers will be required for this Phase of the project?”

Answer: This phase does not require cost estimates; it is strictly a Request for Qualifications. Please see the answer to question 13.

15. Question: “Can you clarify if Offerers will be allowed to team with subcontractors and/or prime contractors to produce the $40 million bonding capacity or if the offerer must provide this bond independent of any teaming arrangements between prime and subcontractors”

Answer:

Please refer to Amendment 1, Question 12.

https://www.acquisition.gov/far/current/html/Subpart%2036_3.html#wp1076441