Phase II Amendment 3.pdf

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

(a) By completing items 8 and 15, and returning or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

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

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

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

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

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

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

IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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.

15C. DATE SIGNED

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

16C. DATE SIGNED

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

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

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

Attachment Page

PAGE 2 OF 10 1333ND23QNB1900613

FOR OFFICIAL USE

ONLY

UNITED STATES DEPARTMENT OF COMMERCE

National Institute of Standards and Technology

Gaithersburg, Maryland 20899-

July 3, 2023

SUBJECT: Amendment 003 Shortlisted Offerors & Phase II Announcement for Solicitation No. 1333ND23QNB190061

PROJECT TITLE: Multiple-Award IDIQ acquisition for large Tier 2-phase Design-Build Services

FROM: Michael Wigfall, Contracting Officer

1. The following three (3) offerors submitted the highest-rated technical proposals for Phase I of solicitation

1333ND23QNB190061 and were invited to submit proposals for Phase II. These Offerors will receive official copies of the subject bridging documents. Notice of the final award will be posted later under a separate announcement.

List of Shortlisted Firms:

Ahtna-Mortenson

8484 WESTPARK DR, STE 150, MCLEAN, VA 22102

PEM Construction, LLC

6161 BUSCH BLVD STE 255, COLUMBUS, OH 43229

Belt Built Contracting

2138 ESPEY CT, STE 8, CROFTON, MD 21114

2. Phase II Solicitation Revisions

a. This amendment hereby Incorporates FAR Clause 52.216-4 (ECONOMIC PRICE

ADJUSTMENT--LABOR AND MATERIAL (NOV 2021)).

b. This amendment hereby incorporates Sherman Act Notice requirements.

i. See Section J Attachments

1. Non-Collusion Notice

2. Bidder Statement of Non-Collusion

c. All bidders are required to acknowledge by signature the Bidder Statement of Non-Collusion and return it as a part of the official Phase II Submission.

3. Phase II Site Visit information:

a. A tentative site visit will be conducted on July 12, 2023. Notice of the time, registration information, and building location will be posted later under a separate announcement.

4. Phase II proposal submission date:

a. Proposals shall be submitted no later than July 31, 2023, 12:00 pm noon.

NIST would like to thank every firm that took the time to submit qualifications for Phase I. We look forward to receiving proposals from you on future Construction Design-Build requirements as well as all other acquisitions.

The point of contact for this action is Mr. Michael Wigfall who may be reached via email at Michael.Wigfall@nist.gov.

Table of Contents

SECTION I CONTRACT CLAUSES

I.1 52.216-4ECONOMIC PRICE ADJUSTMENT--LABOR AND MATERIAL (NOV 2021)

SECTION J LIST OF ATTACHMENTS

J.1 Non-Collusion Notice

J.2 Bidder Statement of Non-Collusion

PAGE 3 OF 10 1333ND23QNB1900613

SECTION I

CONTRACT CLAUSES

I.1 52.216-4 ECONOMIC PRICE ADJUSTMENT--LABOR AND MATERIAL (NOV 2021)

(a) The Contractor shall notify the Contracting Officer if, at any time during contract performance, the rate of pay for labor (including fringe benefits) or the unit prices for material shown in the Schedule either increase or decrease. The Contractor shall furnish this notice within 60 days after the increase or decrease, or within any additional period that the Contracting Officer may approve in writing, but not later than the date of final payment under this contract. The notice shall include the Contractor's proposal for an adjustment in the contract unit prices to be negotiated under paragraph (b) of this clause, and shall include, in the form required by the Contracting Officer, supporting data explaining the cause, effective date, and amount of the increase or decrease and the amount of the Contractor's adjustment proposal.

(b) Promptly after the Contracting Officer receives the notice and data under paragraph (a) of this clause, the Contracting Officer and the Contractor shall negotiate a price adjustment in the contract unit prices and its effective date. However, the Contracting Officer may postpone the negotiations until an accumulation of increases and decreases in the labor rates (including fringe benefits) and unit prices of material shown in the Schedule results in an adjustment allowable under paragraph (c)

(3) of this clause. The Contracting Officer shall modify this contract

(1) to include the price adjustment and its effective date and

(2) to revise the labor rates (including fringe benefits) or unit prices of material as shown in the Schedule to reflect the increases or decreases resulting from the adjustment. The Contractor shall continue performance pending agreement on, or determination of, any adjustment and its effective date.

(c) Any price adjustment under this clause is subject to the following limitations:

(1) Any adjustment shall be limited to the effect on unit prices of the increases or decreases in the rates of pay for labor (including fringe benefits) or unit prices for material shown in the Schedule. There shall be no adjustment for--

(i) Supplies or services for which the production cost is not affected by such changes;

(ii) Changes in rates or unit prices other than those shown in the Schedule; or

(iii) Changes in the quantities of labor or material used from those shown in the Schedule for each item.

(2) No upward adjustment shall apply to supplies or services that are required to be delivered or performed before the effective date of the adjustment, unless the Contractor's failure to deliver or perform according to the delivery schedule results from causes beyond the Contractor's control and without its fault or negligence, within the meaning of the Default clause.

(3) There shall be no adjustment for any change in rates of pay for labor (including fringe benefits) or unit prices for material which would not result in a net change of at least 3 percent of the then-current total contract price. This limitation shall not apply, however, if, after final delivery of all line items, either party requests an adjustment under paragraph (b) of this clause.

(4) The aggregate of the increases in any contract unit price made under this clause shall not exceed 10 percent of the original unit price. There is no percentage limitation on the amount of decreases that may be made under this clause.

(d) The Contracting Officer may examine the Contractor's books, records, and other supporting data relevant to the cost of labor (including fringe benefits) and material during all reasonable times until the end of 3 years after the date of final payment under this contract or the time periods specified in Subpart 4.7 of the Federal Acquisition Regulation (FAR), whichever is earlier.

(End Of Clause)

PAGE 4 OF 10 1333ND23QNB1900613

SECTION J

LIST OF ATTACHMENTS

J.1 Non-Collusion Notice

PAGE 5 OF 10 1333ND23QNB1900613

30 JUN 23

NON – COLLUSION NOTICE

UNITED STATES LAWS AND REGULATIONS PROHIBIT YOU FROM PARTICIPATING IN ANY OF THE

FOLLOWING CONCERNING THIS SOLICITATION:

1. BID RIGGING

2. PRICE FIXING

3. COLLUSIVE BIDDING

4. BID ROTATION

5. OFFERING GRATUITIES

6. OFFERING OR RECEIVING KICK-BACKS

THE PRICES IN YOUR OFFER MUST BE ARRIVED AT INDEPENDENTLY WITHOUT ANY CONSULTATION, COMMUNICATION, OR AGREEMENT WITH ANY OTHER OFFER OR COMPETITOR.

YOUR OFFER CANNOT BE DISCLOSED BY YOU DIRECTLY OR INDIRECTLY TO ANY OTHER OFFER OR

COMPETITOR BEFORE BID OPENING.

IT IS ALSO UNLAWFUL FOR YOU TO INDUCE ANY OTHER COMPANY TO OR ALLOW ANOTHER COMPANY

TO INDUCE YOU TO SUBMIT OR NOT SUBMIT AN OFFER FOR THE PURPOSE OF RESTRICTING

COMPETITION. ALL THE ABOVE ACTS OR ACTS OF DISHONESTY UNDER UNITED STATES LAWS AND

REGULATIONS ARE FORBIDDEN.

PENALTIES COULD INCLUDE DEBARMENT OR SUSPENSION FROM DOING BUSINESS WITH ANY UNITED

STATES GOVERNMENT AGENCIES, CANCELLATION OF CONTRACTS, AND RECOUPMENT OF PRIOR

MONIES PAID. IF YOU ARE SOLICITED BY ANY OTHER BUSINESS TO DEAL WITH ANY OF THE ABOVE LEGAL ACTS, PLEASE NOTIFY THE NIST AMD CONTRACTING OFFICER, MR. MICHAEL WIGFALL, AT TELEPHONE

NUMBER 301-975-8173 OR VIA EMAIL AT MICAHEL.WIGFALL@NIST.GOV.

PAGE 6 OF 10 1333ND23QNB1900613

J.2 Bidder Statement of Non-Collusion

PAGE 7 OF 10 1333ND23QNB1900613

Bidder Non-Collusion Form 1 - 3

BIDDER STATEMENT OF NON-COLLUSION

BY SUBMISSION OF THIS BID, THE BIDDER AND EACH PERSON SIGNING ON BEHALF OF THE

BIDDER CERTIFIES, AND IN THE CASE OF A JOINT BID, EACH PARTY THERETO CERTIFIES AS TO

ITS OWN ORGANIZATION, UNDER PENALTY OF PERJURY, THAT TO THE BEST OF HIS/HER

KNOWLEDGE AND BELIEF:

(1) The prices of this bid have been arrived at independently, without collusion, consultation, communication, or agreement with any other Bidder or competitor, for the purposes of restricting competition or as to any matter relating to price.

(2) Unless otherwise required by law, the prices quoted in this bid have not been knowingly disclosed by Bidder and will not be disclosed by Bidder directly or indirectly to any other bidder or competitor before bids are opened.

(3) No attempt has been made or will be made by the Bidder to induce any other person, partnership, or corporation to submit or not to submit a bid on any portion of the Project work.

IF, FOR ANY REASON, THE BIDDER CAN NOT CERTIFY AS SET FORTH ABOVE, THE BIDDER SHALL

SO STATE AND SET FORTH THE REASONS IN DETAIL BELOW:

Subscribed to under penalty of perjury under the laws of the State of New York, this day of , 20 as the act and deed of said corporation or partnership.

Name (print):

Title:

Company:

PAGE 8 OF 10 1333ND23QNB1900613

Bidder Non-Collusion Form 2 - 3

IF BIDDER(S) ARE A PARTNERSHIP, COMPLETE THE FOLLOWING:

NAMES OF PARNERS OR PRINCIPALS LEGAL RESIDENCE

IF BIDDER IS A CORPORATION, COMPLETE THE FOLLOWING:

NAME LEGAL RESIDENCE

President:

Secretary:

Treasurer:

President:

Secretary:

Treasurer:

PAGE 9 OF 10 1333ND23QNB1900613

Bidder Non-Collusion Form 3 - 3

IDENTIFYING DATA

Potential Contractor:

Address:

Street

City, Town, etc.

Telephone: Title:

If applicable, responsible corporate officer

Telephone: Title:

Signature

Joint or combined bids by companies or firms must be certified on behalf of each participant.

Legal name or person, firm or corporation Legal name of person, firm or corporation

By:

Name

Name

Title Title

Address:

City, State, etc. City, State, etc.

PAGE 10 OF 10 1333ND23QNB1900613

1.2

C:\PERFORM\FORMS\S30.FRP

Forms Management

C:PERFORMFORMSS30.FRP

Acrobat PDFWriter 2.01 for Windows D:19971010095222 D:19990614133004 Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:(a) By completing items 8 and 15, and returning or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

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

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER

3. EFFECTIVE DATE

4. REQUISITION/PURCHASE REQUISITION NUMBER

5. PROJECT NUMBER (If applicable)

7. ADMINISTERED BY (If other than Item 6)

CODE

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

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended.

is not extended.

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

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

CHECK ONE

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NUMBER IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority) 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.

15C. DATE SIGNED

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

16C. DATE SIGNED

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

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

PAGE OF PAGES

6. ISSUED BY

CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer) Previous edition unusable

100 BUREAU DRIVE STOP 1640

BUILDING 301 ROOM B129

GAITHERSBURG MD 20899-1640