70Z04721RNMACC03 AMEND 0004.pdf

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

1 5

Facilities Design & Construction Center 5505 Robin Hood Rd, Suite K Norfolk, VA 23513

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NUMBER

70Z04721RNMACC03

9B. DATED (SEE ITEM 11)

10/27/2022

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

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

0004 11/22/2022

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

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.

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 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 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.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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)

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.)

DEPARTMENT OF HOMELAND SECURITY/U.S. COAST GUARD NATIONAL MULTIPLE AWARD CONSTRUCTION

CONTRACT (NMACC III)

See Continuation Page. Proposal Due Date changed to January 5, 2022.

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

(Signature of person authorized to sign)

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

(Signature of Contracting Officer)

16C. DATE SIGNED

Previous edition unusable

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

70Z04721RNMACC03

Continuation Page

The Solicitation is amended as follows:

I) DELETE: Section I, 3052.209-72, Organizational Conflict of Interest

REPLACE WITH:

3052.209-72 Organizational Conflict Of Interest (JUN 2006)

(a) Determination. The Government has determined that this effort may result in an actual or potential conflict of interest, or may provide one or more offerors with the potential to attain an unfair competitive advantage. The nature of the conflict of interest and the limitation on future contracting when the Designer of Record has developed planning documents; cost estimates; specifications or statements of work that are to be incorporated into a solicitation, the Designer of Record shall be ineligible to perform the work described in that solicitation as a prime or first-tier subcontractor under an ensuing DHS contract.

II) DELETE: 3052.209-73 Limitation Of Future Contracting in its entirety

III) Factor 1, Subfactor 1.1 paragraph a., subparagraph c:

DELETE: c) Experience with new construction (at least two (2) projects) of waterfront structures

REPLACE WITH: c) Experience with new construction or major renovation (at least two (2) projects) of waterfront structures

IV) Factor 1, Subfactor 1.2 paragraph a., subparagraph c:

DELETE: c) Experience with new construction (at least two (2) projects) of waterfront structures

REPLACE WITH: c) Experience with new construction or major renovation (at least two (2) projects) of waterfront structures

V) PROPOSAL DUE DATE IS HEREBY EXTENDED FROM DECEMBER 5, 2022 TO JANUARY 5,

2023. Last day to submit RFI/PPI is December 15, 2022 at 4pm Norfolk, VA local.

END OF AMENDMENT

QUESTIONS AND ANSWERS (Numbering continued from Amendment 0003)

51. Phase I, Factor 1 Sub-Factor 1.2 Design Experience paragraph a. states “the Offeror is required to identify the design firm(s) to be utilized as the Designer(s) or Record (DORs) on the seed project and anticipated future projects. If more than one design firm is proposed, Offeror shall expand on the proposed strategy for including more than one firm.” Factor 1 is for Design Experience to be outlined on the Government provided Attachment B.2 Experience Information Form, and not for our design team strategy. Please confirm our design team strategy should be included in Factor 2, not Factor 1. If it is to be included in Factor 1, please clarify where and increase the Experience Information Form page count to 5 pages to account for.

Answer: Design Team Strategy should be included under Factor 2.

52. Factor 1, Subfactor 1.1 Construction Experience includes the 8 year project completion limitation under section d) for design-build projects. Please confirm that all construction projects submitted including design-bid-build, need to be completed within 8 years of the date of issuance of this RFP.

Answer: Confirmed.

53. Amendment 02 updated construction/design project requirements, which will take additional time to reassess project selection to ensure we are choosing projects that will best demonstrate maximized value to the government. Additionally, there are two Federal Holidays (Veterans Day and Thanksgiving) that fall between now and this proposal’s due date. Finally, to allow for a more comprehensive review of any RFIs that might get asked/answered on or after the current RFI deadline day of November 25th, would the government consider extending the proposal due date 4 business days from December 5th to the end of the same week, December 9th?

Answer: See Amendment Language

54. Can the government remove the recent update to the design experience requirement for ongoing projects that states, “construction duration to date has exceeded one year”, provided the offeror was the DOR on a relevant project that has 100% design completed? Covid delays have impacted construction on Relevant USCG and NAVFAC projects, thus restricting an offeror’s use of similar size/scope and complexity project.

Answer: The USCG wishes to not only evaluate the Design but also the constructibility of the design; therefore, "construction duration to date has exceeded one year" remains.

55. To better mimic anticipated projects to be proposed for this NMACC, can the Government expand the requirement of "new construction (at least two (2) projects) of waterfront structures" to also encompass construction projects consisting of renovation on waterfront projects that are relevant in size, scope, and complexity?

Answer: See Amendment Language

56. This RFP had been issued as a draft solicitation in order to gain industry feedback; however, that feedback was not entirely incorporated into the final RFP. This has led to Offerors needing to adapt their approach to fit the teaming requirements of the final RFP. Additionally, the Thanksgiving holiday being just before the proposal due date is a challenge in finalizing these teaming arrangements in that various Government agencies are required to be working in order to do so. We respectfully request an extension of the current due date to at least 2 weeks.

Answer: See Amendment Language

57. Section L.2 PROPOSAL SUBMISSION INSTRUCTIONS states that the SAM, FAPIIS, and VETS-4212 registrations must be in the name/CAGE/UEI of the Offeror identified on the SF1442, and L.6 JOINT VENTURES states that JVs must have a CAGE Code and UID number at the time of proposal submission.

Please clarify if this is required for the Phase I proposal submission. FAR 52.204-7 states SAM registration must be active (with CAGE code and UID) when submitting an “offer or quotation.” Contractor believes Phase I proposal is not an “offer or quotation,” but rather a qualifying submittal, thus active SAM registration (CAGE code and UID) is not required for Phase I. Please confirm.

Answer: Per Federal Register Document Number 2018-20706, there is no distinction or differentiation between phases of an offer; therefore, Offerors shall follow solicitation instructions.

58. Due to the Thanksgiving holiday and RFI responses, please extend the proposal due date to at least December 21, 2022.

Answer: See Amendment Language

59. Please revise experience with design-build from at least four (4) project to at least two (2) projects

Answer: This revision is not being considered as the Coast Guard predominantly uses the design-build strategy.

60. Please revise Offeror may utilize the experience of a proposed key subcontractor to demonstrate construction experience, on two (2) projects, not one (1) as noted in Amendment 3.

Answer: No change is anticipated at this time.

61. The submission requirements for Factor 1 Experience are varied (design-build, new construction, renovation, waterfront, etc.) and limiting offerors to a maximum of 7 relevant may be insufficient to allow for presentation of the entire breadth of experience needed to adequately respond. Would the Government consider allowing up to 8 projects for construction and design?

Answer: No change is anticipated at this time.

62. We are respectfully requesting an extension of a couple weeks for the solicitation NMACC III

70Z04721RNMACC03

Answer: See Amendment Language

63. Factor 2, Now having time to assemble Factor 2 and attempting to fit all the required information into 16 pages, 16 pages does not allow the contractor to adequately respond to all the required Factor 2 RFP requests.

Due to the magnitude and importance of this NMAC III, please increase the page count to 20 pages to allow the contractor to provide their best response to the Government.

Answer: No change is anticipated at this time.

64. The updated paragraph in amendment 03 (Page 2/5): SUBCONTRACTORS states that the proposed key subcontractor's experience may only be used for one (1) project submitted for sub factor 1.1. The challenge with this amendment's revised language is that if the proposed key subcontractor specializes in a particular scope to be constructed under the NMACC (e.g. new construction of waterfront structures, new construction, renovation) the sub factor allows for at least two (2) projects to be used. To better align with the requirements in the solicitation to demonstrate project and project count characteristics under sub factor 1.1 we hereby request that amendment 03 paragraph be revised to allow for two (2) projects: "The Offeror may utilize the experience of a proposed key subcontractor to demonstration construction experience, on two (2) projects submitted for factor 1.1. - Construction................................."

Answer: No change is anticipated at this time

65. Section I, 52.236-1, In order to propose on the diverse scope of work, to be constructed in the best interest of the Government to not place additional risk on the Government, with experienced contractors and their subcontractor(s) the minimum required amount of self performance (20%) specified should be clarified to state that the Contractor, as referred to, is meant to include the Offeror (i.e. Contractor) and their subcontractors that are represented in sub factor 1:1. It should not be relevant how the Offeror structures their team which is being submitted in response to this solicitation, only that the Offeror is proposing a qualified and experienced team to design and build the work contemplated under this solicitation once selected into the pool of contractors.

Answer: With reference to FAR 52.236-1, the "Contractor" is defined as the entity signing the contract (making a commitment by signing SF1449) to provide the specific construction services.

66. Section I, 52.215-12, Please clarify - if the task orders issued under this NMACC/IDIQ are competed against a pool of contractors, is certified cost or pricing data required as stated in this clause (i.e. not a modification)?

Answer: FAR 52.215-12 with DHS Deviation, describes when Certified Cost or Pricing Data is required when Subcontracting at the IDIQ task order level.

Pursuant to FAR 15.403-1, Certified Cost and Pricing data will not be required at the task order level when the Contracting Officer has a reasonable expectation of adequate competition or when any of the other exceptions exist.

67. We request an extension to the due date of Dec 5, 2022 to Dec 21, 2022.

Answer: See Amendment Language