Amendment 0002 - Standard Form 30 - Questions and Answers.pdf

Amendment 0002 – D-B Services - Dunseith, ND Land Port of Entry Page 2

Amendment 0002, June 29, 2023

Continuation of Block 14 of Standard Form 30

Solicitation 47PJ0023R0041 – D-B Services – Dunseith, ND Land Port of Entry

Amendment 0002 is issued to; 1) provide additional answers to questions received in writing in response to the solicitation document, and 2) change the Phase 1 Similar Project definition. The following revised documents are provided under the cover of this

Amendment and are hereby incorporated into the Solicitation.

• The Solicitation – Phase 1, revision dated June 29, 2023

• SOLICITATION ATTACHMENT 04 – Past Performance Questionnaire for General Contractor, revision dated June 29, 2023

• SOLICITATION ATTACHMENT 05 – Past Performance Questionnaire for Architect Engineer, revision dated June 29, 2023

Revised Solicitation Attachments 04 & 05, Past Performance Questionnaire for the GC and A-E Firm are provided as part of this Amendment 0002 to revise the Similar Project definition. References who have already been provided and/or completed the past performance questionnaire issued under the original solicitation or Amendment 0001 may submit previously issued forms instead of the revised form.

1. Answers to questions are provided as follows:

Question 10: Reference Agreement IV.A.1.a, indicates the contractor to make maximum use of biobased products that are United

States Department of Agriculture (USDA) – designated items unless, the products cannot be acquired, (i) competitively within the time frame providing for compliance with the performance schedule, (ii) meeting contract performance requirements, or (iii) at a reasonable price. The items above are arbitrary and would not allow the

Government to compare Offeror’s proposals, recommend a line item in the bid schedule for specific products for the cost to provide the biobased vs non biobased.

Answer 10: The requirement to make maximum use of biobased products is not arbitrary. In accordance with FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts, the successful contractor is required to use biobased products that are United States Department of Agriculture (USDA) designated unless the product cannot be acquired – (i) competitively within a time frame providing for compliance with the contract performance schedule, (ii) meeting contract performance requirements, or (iii) at a reasonable price. It is expected that biobased products be used unless one of the exceptions (i, ii, or iii) can be demonstrated. A sufficient explanation has not been provided to support this requirement is arbitrary. The recommendation is rejected.

Please refer to FAR Clause 52.223-2.

Question 11: Referencing The Solicitation – Phase 1 document, Subfactor 1B, Past Experience of the A-E Firm, the second sentence states, “For purposes of this evaluation factor, the term A/E Firm is defined as an individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the profession of architecture and engineering that will have responsibility for developing complete, detailed design and construction documents.”

Does a two-company AE Team where the Lead Designer is working as a sub-contractor to the lead AE firm who has complete responsibility for the mentioned items comply with this requirement? Can the sub-contracted AE firms projects be included as SPs in Factor 1B with the same force as the primary AE Firm?

Answer 11: First tier subcontractor experience will only be considered if the prime offeror is a small business. The Government will consider the capabilities, past performance, and experience of each first-tier subcontractor in accordance with the regulations promulgated by the Small Business Administration in 13 CFR § 125.2(g), which states that – When an offeror of a small business prime contractor includes a proposed team of small business contractors and specifically identifies the first-tier subcontractor(s) in the proposal, the head of the agency must consider the capabilities, past performance, and experience of each first tier subcontractor that is part of the team as the capabilities, past performance, and experience of the small business prime contractor if the capabilities, past performance, and experience of the small business prime does not independently demonstrate capabilities and past performance necessary for award.

Question 12: The DRAFT Agreement includes a reference to FAR 52.216-4, Economic Price Adjustment – Labor and Material.

Our understanding is that this project, once awarded, will be a firm-fixed-price (FFP) award with no unit cost schedule lines. FAR 52.216-4 appears to be for unit price-based contracts and not FFP Agreements. As such, this could have a large bearing on the pricing which is solicitated in Phase 2 of this process and could create issues with

GSA’s ability to award the project.

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Based on this evaluation, please advise if FAR 52.216-2, and prescription 16.203 “Fixed-Price Contracts with

Economic Price Adjustment” can be incorporated into this solicitation in addition to, or in place of, FAR 52.216-4.

Answer 12: Your understanding that the project, once awarded, will be a firm-fixed-price (FFP) award with no unit cost schedule lines is correct.

Your understanding that FAR 52.216-4 appears to be for unit price-based contracts and not FFP agreements is incorrect. As prescribed in FAR 16.203-4(c)(i), FAR Clause 52.216.4 applies when a fixed-price contract is contemplated.

The GSA does not believe the use of 52.216-4 will create issues with GSA’s ability to award the contract for the project.

No, FAR 52.216-2, Economic Price Adjustment – Standard Supplies and none of FAR 16.203 Fixed-price contracts with economic price adjustments will be incorporated into the solicitation in addition to, or in place of, FAR 52.216-

4.

In accordance with FAR 16.203-4(c), the contract award is expected to include FAR 52.216-4, Economic Price

Adjustment – Labor and Material, or a variation of this clause, which will only apply after the design phase is complete (i.e., will only apply to construction services). Specific language has not been finalized but will be finalized prior to the issuance of Phase 2 of the solicitation and is anticipated to include a “schedule” identifying the labor and materials subject to adjustment under the clause.

2. Changes are made to The Solicitation - Phase 1, Evaluation Subfactor 1A (page 11 of 15) and Evaluation

Subfactor 1B (page 12 of 15) Similar Project definition as follows:

FROM:

TO:

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All other terms and conditions remain unchanged.

The Phase 1 proposal submission cutoff of 10:00 AM Mountain Time, July 27, 2023 remains unchanged.

Offerors must return signed copies of all amendments with their offers by the submission cutoff date.