33330223RF0000029 Amend 5.pdf

(x)

33330223RF0000029

x x 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 ACKNOWLEDGEMENT 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.

x

OCON

Washington DC 20013-7012 PO Box 37012

MRC 1200

OCON

OCON

Washington DC 20013-7012 PO Box 37012

MRC 1200

SMITHSONIAN INSTITUTION

05/10/20230005

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

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

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

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

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

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

05/10/2023

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

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

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

ORDER NO. IN ITEM 10A.

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

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

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

Thomas Dempsey

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

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

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

Amendment 5 to Solicitation 33330223RF0000029 for JOC IDIQ Construction Services in Washington, DC Metropolitan Area shall be amended as follows:

1. Responses to FINAL RFI's 31-36

The Respondent's Minimum Capabilities Statement and all supporting documentation must be received by dropbox link: https://www.dropbox.com/request/fgs2iMaomoJfHPEt3hFW no later than July 21, 2023 at 3:00PM (EST). Phase 2 of this procurement will be issued under RFP numbered 333302-23RF-0010029; RFP Will be issued to the pre-qualified bidders only.

SMITHSONIAN INSTITUTION

Request for Information for

Indefinite Delivery/Indefinite Quantity (IDIQ) Job Order Contract (JOC) Construction Services in Washington, DC Metropolitan Area

1. We plan to pursue this with another small business. Can we use their past performance to help supplement the past performance requirements as long as we have an executed teaming agreement or letter of commitment to support the IDIQ from the teaming partner?

(Revised) Response: Yes, the type of team agreement which is a Joint Venture must be registered in SAM.gov. Must have self-performed 12% of the project as the Prime Contractor.

2. For past performance - can we use Key Personnel experience on projects performed with other companies?

Response: Must have self-performed 12% of the project as the Prime Contractor.

3. If submitted as a Joint Venture - do we need to provide the financial statements only for the managing member [51% owner] or for both JV firms? Do we need to provide additional information for EMR, bank letters, and bond letters for both JV firms?

Response: Both JV firms must provide information unless your firm doesn’t have prior information then the majority construction partner shall provide.

4. IAW 13 CFR 124.602 - as an 8a Participant with gross annual receipts of less than $2,000,000, we had to submit to SBA an annual statement prepared in-house or a compilation statement prepared by our licensed independent public accountant, verified as to accuracy by an authorized officer, partner, limited liability member, or sole proprietor of the Participant, including signature and date, within 90 days after the close of the concern's fiscal year. These have been reviewed by the 8a CEO and approved. Will this in-house compilation statement sent to and accepted by the SBA, which our CPA prepared, meet the RFQ requirement?

Response: The audited statement must have all requirements of the RFP and can be submitted as an attachment. Reviewed by certified CPA or CPA firm audited and/or interim of the most recent financial statements including the Balance Sheet, Statement of Income, Statement of Cash Flows, and notes to the financial statements.

5. Since the SBA does not approve JVs to pursue 8a competitive opportunities - what do we need to submit to show that the 51% Managing Member of the JV is 8a certified? Will you be checking their SAM.gov profile, or do we need something from the SBA 8a Business Opportunity Specialist stating 51% of Managing Member has an active 8a status?

(Revised) Response: We do verify through SAM.gov, annual evaluation reports, annual performance-of-work statements, and project-end performance-of-work explaining how the work is being performed for each contract can be included in the experience section. Joint venture must be separately identified with its own name and have both a Unique Entity Identifier (UEI) and a Commercial and Government Entity (CAGE) code in the federal government's System for Award Management at SAM.gov. In SAM, designate the entity type as a joint venture, with individual partners listed as the immediate owners. The regulations governing joint ventures formed under SBA are explained in detail in 13 CFR 125.8.

6. Do we need to combine a total of 2 no more than five projects for both comparable and non-comparable work? Or do we need to show both comparable and non-comparable projects and limit each to 2, no more than 5?

Response: Do not include more than five (5) projects for comparable. Do not include more than five (5) projects for non-comparable.

7. We would like to know if this is a brand new contract OR if there is (was) an incumbent performing these services? If not brand new, could you please provide the current / previous contract number?

Response: The correct answer is yes and no. We have had Job Order Contracts before under the 8(a) Set-aside; however, we have not advertised for SBD, SD VO and WO Set-asides.

The current contractors are (F18CC10053) Belt Bulit , (F18CC10054) B3 Enterprises and (F18CC10112) Huang -CFM Joint Venture.

8. We will be responding with our Mentor-Protégé partner who is an experienced 8a/HUBZone contractor. Our Joint Venture is unpopulated and I do not want to assume anything, so would you recommend we submit past performance and financial information for both companies?

Those that make up the Mentor-Protégé partnership? This will give your agency a complete picture of both our companies.

Response: Provide past performance and financial information for both companies within the rules indicated in the Request for Qualifications.

9. RFP part IV – Section A – financial Capability requests that financial statements must be AUDITED by an independent, licensed CPA or CPA firm for the offeror’s previous two (2) fiscal years. Please indicate which level of CPA review/ Audit is required. For the size of this contract, usually, a CPA Audited compilation financial statement is adequate. Please indicate if that is acceptable. The requirement for FULLY audited CPA financial statements is extremely expensive and cumbersome and will likely eliminate most small businesses from participating in this solicitation.

(Revised) Response: Reviewed by certified CPA or CPA firm audited and/or interim of the most recent financial statements including the Balance Sheet, Statement of Income, Statement of Cash Flows, and notes to the financial statements.

10. We are part of an 8(a) joint venture very interested in this opportunity. Para A.1 states “Five (5) years of experience as a facilities/ infrastructure /utilities services contractor.” Could you please confirm that past performance of the individual members is acceptable?

Response: Both JV firms must provide information unless your firm doesn’t have prior information then the majority construction partner shall provide.

11. In reviewing the Request for Qualification No. 33330223RF0010029 for IDIQ JOC Construction Services in Washington, DC Metropolitan Area 8(a) Set Aside, Page 10, D. Safety is requesting international Safety procedures for construction projects. Since the anticipated work is being performed in Washington DC Metro Area, is the international Safety procedures for construction projects required? We only perform CONUS work at this time, and hasn’t begun to seek OCONUS work. Therefore, we have no international Safety procedures currently.

Response: International Safety procedures are required for projects outside of the United States. This request is for facilities in Washington, DC metropolitan area (Maryland and Virginia).

12. In section A.2, the value for comparable projects is $250,000-$500,000. Would you allow projects over $500,000 for experience under comparable projects?

Response: The same amount for comparable and non-comparable

13. Can you please confirm we are required to submit experience for up to 10 projects? Up to 5 comparable projects and a up to an additional 5 projects for non-comparable projects.

Response: That’s the maximum you can submit.

14. In section A.2 you provide specific parameters for comparable projects. Can you provide a description of how you define non-comparable projects (i.e., under $250,000, over $500,000, different from the trades listed in A.

Response: Any project that demonstrates your experience in General Construction

15. Can you provide a page limit section C. Organization to help us better define our response.

Response: No page limit

16. Under section C.5 you are asking about past working relationships. Are you referring to relationships between employees, subcontractors, clients? Can you please specify?

Response: Working relationships between your company and your client

17. In section C.10 you‘ve asked us to describe company resources. Can you be more specific? Are you referring to equipment? Financial resources? Available workforce?

Response: Any resource that can be used for a construction project.

18. In section C.11 you ask for the number total employees and total number of permanent employees and brief resume of those individuals. If, for example, we have over 75 employees please confirm you would like to see brief resumes for all 75 employees? If so, can you define what information you would like to see on a brief resume?

Response: Same as item 7

19. Do you have a maximum number of companies you will allow to move on to Phase 2? Is there a maximum number of contracts that will be awarded under Phase 2?

Response: No there is not maximum

20. Under Part I – General Information, Item A.1 Paragraph 3 states that the “Smithsonian Institution will select multiple construction firms”. Does this mean multiple SDVOSB firms be selected?

Response: If we have multiple qualified firms

21. Under Part III – Experience/Performance, Item A.2 Comparable projects are defined as “facilities/infrastructures/utilities and installed for a governmental/museum type of institution or company with value from $250,000 up to $500,000.” Will projects greater than $500,000 be considered as a comparable project?

Response: Non-comparable

22. Under Part III – Experience/Performance, Section C. Organization Item 7 – What positions does the Smithsonian Institute consider to be “Key management personnel”? Similarly, does this contract have a list of positions that are considered key personnel?

Response: People with authority

23. Item 11 – We are asked to “Provide an employment profile for the construction company showing: total employees, total permanent employees, and total professionals in each major category. Brief resumes of these individuals shall be attached.” Is the Smithsonian Institution requesting resumes for every employee in our firm or just resumes of key personnel assigned to this contract?

Response: Employee that will be assigned to SI projects.

24. Can you advise me on any substitutions for financial capability form being completed by our

CPA?

Response: Reviewed by certified CPA or CPA firm audited and/or interim of the most recent financial statements including the Balance Sheet, Statement of Income, Statement of Cash Flows, and notes to the financial statements.

25. If you already have an IDIQ with Smithsonian Institution, are you eligible to apply for this one?

Response: Yes, you can have multiple IDIQ's.

26. RFI Responses 12 & 21 are unclear to us and could contradict one another depending on how it is viewed. We would appreciate clarification.

Response: Do not include more than five (5) projects. Value from $250,000 up to $500,000.

27. Would you allow us to provide projects over $500,000 for experience under comparable and un-comparable projects? If you will only allow the higher project amount for one (comparable or non-comparable), can you clarify which one you will allow it for, and which one you will not allow it for?

Response: Do not include more than five (5) projects. Value from $250,000 up to $500,000.

28. Can you please confirm that projects greater than $500,000 are considered non-comparable?

What’s the criteria for non-comparable projects besides the dollar amount?

Response: Projects over $500,000 will not be evaluated.

Non-COMPARABLE EXPERIENCE: Submit examples of non-comparable projects that best demonstrates your experience in General Construction, listing a minimum of two (2) projects within the past five (5) years, with at least one of them completed. Do not include more than five (5) projects. Value from $250,000 up to $500,000.

29. Is this IDIQ contract a single award to 1 SDVOSB firm? If not, how many SDVOSB firms will be selected for an award?

Response: Multiple, if they meet the qualifications

30. In your response to question 7, you mentioned that SBD and WOSB were also being advertised for a JOC. Will the awarded firm(s) on this SDVOSB IDIQ contract be competing against other set asides (SBD, WOSB, etc) for task orders?

Response : NO

31. The Government’s responses to PPI’s #7 and #20 that were released as part of Amendment 0003 appear to suggest that this Solicitation is set aside as a Total Small Business procurement.

This seems to contradict the title of this Solicitation released in sam.gov “IDIQ JOB ORDER

CONTRACT (JOC) CONSTRUCTION SERVICES IN WASHINGTON, DC METROPOLITAN AREA (((

8(a)Set-Aside)))” as well as Paragraph 1, Page 2 of the provided “Request for Qualifications” which states in red and underlined ” This procurement has been established as an 8(a) Set-aside.” Would the Government please confirm if this Phase I Solicitation is set aside for SBA Certified 8(a) Small Business.

Response: 333302-23RF-0000029 is set aside for SBA Certified 8(a) Small Business 333302-23RF-0000030 is set aside for Woman Owned Small Business 333302-23RF-0000031 is set aside for Small Disadvantage Business 333302-23RF-0000032 is set aside for Service Disabled Veteran Owned

32. Please confirm that if the Offeror provides the last two years audited financial statements that the form/template in Part IV Paragraph A on page 11 of the RFQ is not required to be competed and submitted with our response.

Response: If the offeror provides audited financial statements with all required information, then the Interim Financial Data Chart is not required.

33. Please confirm that projects submitted under Non-Comparable experience (Part III Paragraph B.2) that are over $500k will not be deemed “Not Relevant” but will be evaluated as a qualified project and count towards Non-Comparable Experience points.

Response: Projects over $500,000 will not be evaluated.

Non-COMPARABLE EXPERIENCE: Submit examples of non-comparable projects that best demonstrates your experience in General Construction, listing a minimum of two (2) projects within the past five (5) years, with at least one of them completed. Do not include more than five (5) projects. Value from $250,000 up to $500,000.

34. Part III Paragraph B.1 Comparable Experience states “Submit list with minimum of (2) comparable projects…” Please confirm detailed project examples that include scope of work, pictures, etc. are to be provided and not simply just a “list”.

Response: Include points of contact (name and contact number), include projects with work scopes that include replacement of major building components, working in occupied buildings, work that includes individual or campus setting, and work that is heavy on the mechanical/electrical is a plus.

35. Can a JV submit for more than one set-aside? Eg: SDB and 8(a)?

Response: Yes

36. Please provide the difference between comparable projects vs noncomparable. Is it based on dollar amount or based on type of work we have performed?

Response: Comparable criteria identified in the Statement based on type of work performed includes facilities/infrastructures/utilities and installed for a governmental/museum type of institution or company. The comparable Projects must include complex systems and specifications, concrete and masonry works, heavy mechanical, heavy electrical, and plumbing acting as prime contractor. Comparable Experience is more desirable than Non-Comparable Experience.

Any additional Comparable Experience submitted that exceeds the minimum requirements for Comparable Experience will be counted towards the Non-Comparable Experience which are projects that best demonstrates your experience in General Construction.