Amednment 4_CMc HR Annex.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

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

2. AMENDMENT/MODIFICATION NUMBER

Natalia Lugo-Vina

Please see attached.

General Services Administration Capital Construction Branch (2PQC) One World Trade Center New York, NY 10007

47PC0323R0006

1 4

01/26/2024

09/25/2023

INSTRUCTIONS (Back Page):

Instructions for items other than those that are self-explanatory, are as follows:

Item 1 (Contract ID Code). Insert the contract type identification code that appears in the title block of the contract being modified.

Item 3 (Effective date).

(1)

(2)

(3)

(4)

(5)

For a solicitation amendment, change order, or administrative change, the effective date shall be the issue date of the amendment, change order, or administrative change.

For a supplemental agreement, the effective date shall be the date agreed to by the contracting parties.

For a modification issued as an initial or confirming notice of termination for the convenience of the Government, the effective date and the modification number of the confirming notice shall be the same as the effective date and modification number of the initial notice.

For a modification converting a termination for default to a termination for the convenience of the Government, the effective date shall be the same as the effective date of the termination for default.

For a modification confirming the contracting officer's determination of the amount due in settlement of a contract termination, the effective date shall be the same as the effective date of the initial decision.

(a)

(b)

(c)

(d)

(e)

(f)

Item 6 (Issued By). Insert the name and address of the issuing office. If applicable, insert the appropriate issuing office code in the code block.

Item 8 (Name and Address of Contractor). For modifications to a contract or order, enter the contractor's name, address, and code as shown in the original contract or order, unless changed by this or a previous modification.

Items 9, (Amendment of Solicitation Number - Dated), and 10, (Modification of Contract/Order Number - Dated). Check the appropriate box and in the corresponding blanks insert the number and date of the original solicitation, contract, or order.

Item 12 (Accounting and Appropriation Data).

When appropriate, indicate the impact of the modification on each affected accounting classification by inserting one of the following entries:

(2) Accounting classification Net decrease $

Include subject matter or short title of solicitation/contract where feasible.

Item 16B. The contracting officer's signature is not required on solicitation amendments. The contracting officer's signature is normally affixed last on supplemental agreements.

(i)

NOTE: If there are changes to multiple accounting classifications that cannot be placed in block 12, insert an asterisk and the words "See continuation sheet".

Item 13. Check the appropriate box to indicate the type of modification. Insert in the corresponding blank the authority under which the modification is issued. Check whether or not contractor must sign this document. (See FAR 43.103.)

Item 14 (Description of Amendment/Modification).

Organize amendments or modifications under the appropriate Uniform Contract Format (UCF) section headings from the applicable solicitation or contract. The UCF table of contents, however, shall not be set forth in this document.

Indicate the impact of the modification on the overall total contract price by inserting one of the following entries:

(i) Total contract price increased by $

(ii) Total contract price decreased by $

(iii) Total contract price unchanged.

State reason for modification.

When removing, reinstating, or adding funds, identify the contract items and accounting classifications.

(g)

(h)

When the SF 30 is used to reflect a determination by the contracting officer of the amount due in settlement of a contract terminated for the convenience of the Government, the entry in Item 14 of the modification may be limited to --

(i) A reference to the letter determination; and

(ii) A statement of the net amount determined to be due in settlement of the contract.

(1)

(2)

(3)

(4)

(5)

(6)

STANDARD FORM 30 (REV. 11/2016) BACK

(1) Accounting classification Net increase $

SOLICITATION NO. 47PC0323R0006

Amendment No. 4 for the Construction Manager as Constructor (CMc) New Courthouse Annex Project Federico Degetau Federal Building and Clemente Ruiz Nazario U.S. Courthouse Complex, Hato Rey, Puerto Rico is hereby issued as follows:

1. Provide responses to Requests for Information (RFIs) received in response to the Solicitation (Attachment 1).

2. Additional site visits: If you require additional site visits please contact Natalia Lugo-Vina, Contracting Officer at Natalia.Lugo-VinaCruz@gsa.gov.

3. Incorporate as part of the Solicitation package the following documents:

a. SECTION 01 91 15 - BUILDING ENCLOSURE COMMISSIONING (BECx)

b. 230907 Hato Rey US Courthouse Annex - Owner's Project Requirements

c. Concept Phase Commissioning Plan

4. The following clause is added as part of the Solicitation document:

FAR 52.228-1 Bid Guarantee (Sep 96)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

5. The proposal due date remains unchanged, Wednesday, February 7, 2024, 4:00PM (EST).

6. All other terms and conditions of the Solicitation remain unchanged.

End of Amendment No. 4 mailto:Natalia.Lugo-VinaCruz@gsa.gov

No. Question Response 44 Is the Professional Liability Insurant required for the Design Service? The Contractor can make the decision if they want professional liability insurance as part of their services.

45 Regarding the Precast Blast Resisting Design, will it be performed using the static loads conversion method or the dynamic load design per DOD Software?

For the primary structural elements or secondary structural elements, the AE plans to use dynamic analysis, likely in the form of a simplified SDOF methodology. For the precast components, any method that conforms to the reference standards and project requirements is acceptable.

46 If the static loads conversion method is to be used, who will provide design loads and criteria for precast engineers?

The design team will provide the pressure-impulse time history loads associated with blast, and the applicable performance levels. From there, the precast designers will need to execute the design.

We still have some doubts about the bond for the RFP. Our bonding company will provide a letter stating that when the project contract is executed a Payment & Performance Bond will be provided. However, the RFP and the addendum states that a Bid Bond must be provided. Our question is, can a Bid Bond be provided for CLIN 1 portion of the project which is the design assist portion of the job and for CLIN 2 a letter stating that once we know the final GMP number after year of design assist a bond will be provided if the GMP contract option is executed by all parties? From a business standpoint it doesn’t make sense to have a $200M+ bid bond for a year without knowing if at end of day option of GMP will be exercised.

For bid guarantee, please refer to amendment four (4) as updates were made pertaining to bid guarantee.

Agreement, Section III.I. Performance and Payment Bonds states “The Contractor shall furnish required performance and payment bonds within 14 days of exercise of the GMP Option.”

The Solicitation announcement in SAM.gov state “Offerors will be required to provide proof of bonding capacity as part of their proposal submission.” A letter from the bonding company with the details pertaining to the bonding capacity for the GMP option will suffice.

For the cistern identified in plans as CISTERNS 002 which is between existing link building and the new still under construction secure corridor.

Are we to assume that any equipment needed to make the necessary work (piles if needed, excavations, backfill, concrete activities, etc.) will have to be craned over the secure corridor? Please clarify

The scope includes construction in the area between the existing link and the secure corridor currently under construction. Logistics related to equipment location and access are a means and method CMc responsibility. All new and existing structures shall remain in-place and operational unless noted otherwise.

The temporary generators to be used during construction period, will the fuel be from the existing tanks (which will have to be moved to an unknown location) or will they be below the generator tanks which will have a limited capacity and will have to be refueled more frequently than the existing bigger tanks?

Whose responsibility is it to fill said tanks?

Temporary generators will be required to provide back-up power to the existing buildings. Fuel for these generators will be provided by GSA in the event of a power outage.

Temporary generators for construction will be provided by the CMc contractor. Fuel for this generator will be provided by the CMc contractor.

Existing fuel tanks can be used.

For office space during the Design Assist phase and the construction phase, space is there space available within the Degetau Office building to use as office space, if needed? No office space is available for the design and construction phases

For CLIN 1 (Design Assist phase) what/how is the payment schedule for said work? Is it by monthly payment application, via a monthly Lump Sum fee, Per hour, please clarify.

Please refer to Statement of Work, Section V. Administrative Procedures, Division 1 specifications for Payment Procedures, and Agreement Section III.K. Administrative Matters.

Clarification on the endorsement question for the permits:

a. Permits are easy to calculate as it relates to the final construction number.

b. Are federal property exempt of local agencies (LUMA, PRASA, NET, DTOP) impact fees for infrastructure improvements.

c. Has design team made any approach to local agencies about tie-in points? Please share agency response letter if said answer is yes.

d. If no contact with agencies has occurred, during the design process there are consultations that the design team does with the different local agencies that supply water, sewer, telecom and power points of connection. Those endorsements sometime will require an impact fee that’s to be paid but without design calculations those fee are difficult to ascertain at the moment. For example, this project according to electrical narrative has an estimated electrical load of 1,106 KVA, in the process of obtaining the endorsement, LUMA will state if an impact fee is necessary because of the need to upgrade or work on the electrical system. Those upgrades will be done by LUMA at the expense of the owner as an impact fee that’s established with the endorsement process of the final construction permit in which the design is discussed with the appropriate local agency.

a. noted

b. Federal property is not exempt from impact fees.

c. The GSA & AE have initiated discussions with LUMA. The AE will confirm loads and tie in locations with the local utilities as part of the early work packages.

d. The CMc will be responsible for any impact fees and/or permit fees IAW CMc SOW Section IV.B.1

Workmen comp is required for the job as a Defense Base Act policy, can a local Workmen comp be provided? Puerto Rico has State Insurance Fund policy which is equal or better than a private workmen Comp that will be supplied as part of the Defense Base Act policy requirement.

The Defense Base Act does not apply to this procurement. Please refer to Agreement, Section III.H. Insurance Requirements for information regarding workers' compensation insurance required for this procurement.

54 Is it possible to have a two week extension? At this time GSA is not granting additional time extensions.

55 Should we contemplate incorporating the Business-to-Business (B2B) tax into the proposal, even though the responsibility for this tax falls on the Owner? Yes, please include as part of the proposal.

56 Does FF&E (Furniture, Fixtures, and Equipment) fall within the scope of work?

FF&E is defined within the solicitation documents (Section IV.B.4 and Section III.7). There are expenses related to FF&E that the CMc will be responsible for (eg moving, temporary furniture, protection, coordination)

57 Will you be extending this bid? At this time GSA is not granting additional time extensions.

Attachment #1