AOCACB24R0002 A03.pdf

Document Number: AOCACB24R0002 Page 1 of 7

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

1 7

2. AMENDMENT/MODIFICATION NUMBER

3. EFFECTIVE DATE

04/30/2024

4. REQUISITION/PURCHASE REQ. NUMBER 5. PROJECT NUMBER (If applicable)

9901CODE

Architect of the Capitol Design and Construction Acquisition Division Ford House Building Room H2-263 2nd and D Streets SW Washington, DC 20515

6. ISSUED BY 9901CODE

Architect of the Capitol Design and Construction Acquisition Division Ford House Building Room H2-537 2nd and D Streets SW Washington, DC 20515

7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NUMBER

AOCACB24R0002

CODE FACILITY CODE

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

X 9B. DATED (SEE ITEM 11)

03/14/2024

10A. MODIFICATION OF CONTRACT/ORDER

NUMBER

10B. DATED (SEE ITEM 11)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe 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 __1__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 your 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 ONLY APPLIES TO MODIFICATION 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 date, 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.)

See Section 001000 A.3 Amendment Text.

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) Jerrod Whittington

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

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

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV.

11/2016) Prescribed by GSA FAR (48 CFR) 53.243

Document Number: AOCACB24R0002 Page 2 of 7

Table of Contents

Section Description Page Number

001000 Solicitation/Contract Form C.1 Statement of Work J.1 List of Attachments A.3 Amendment Text

007000 Contract Clauses AOC52.236-7 Specifications and Drawings for Design-Build Contracts (Jul 2008) AOC52.236-15 Responsibility of the Contractor for Design in Design-Build Contracts (Jul 2008) AOC52.236-16 Sequence of Design and Construction in Design-Build Contracts (Jul 2008)

010000 General Requirements

H.1 SPECIAL CONTRACT PROCEDURES

AOC52.236-17 Design-Build Contractor's Construction Management Role During Design (Jul 2008)

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Section 001000 - Solicitation/Contract Form

C.1 Statement of Work

The Statement of Work titled, "Job Order Contract (JOC)", dated April 19, 2024, is hereby incorporated by reference and attached under Section J.

J.1 List of Attachments

1 Section C - Statement of Work (SOW), dated 19-Apr-24, pgs. 9 2 Instructions to Offerors, dated 19-Apr-24, pgs. 6 3 Evaluation Criteria, dated 19-Apr-24, pgs. 6 4 Division 01 JOC Specs, dated 2-Feb-24, pgs. 327 5 Sample Project 6 Safety Program Performance Questionnaire, dated 6-Oct-23, pgs. 3 7 Past Performance Questionnaire, dated 26-Apr-23, pgs. 6 8 CSI Bid Form Template, pg. 1 9 AOC Design Standards, dated Dec-18, pgs. 160 10 A/E Design Manual, dated Dec-13, pg. 112 11 AOC BIM Guide, dated Dec-14, pgs. 46 12 CUI Order 42-4, Security of Controlled Unclassified Information, dated 6-May-16, pgs. 17 13 Order 7-4 Information Technology Security, dated 10-Oct-17, pgs. 18 14 USCP Request for Criminal History, dated 6-May-16, pg. 1 15 USCP Vehicle Delivery Procedure Guide, dated May-18, pg. 1 16 Employee Rights under the Davis-Bacon, pg. 1 17 Davis-Bacon Act Wage Determination, 5-Apr-24, pgs. 12 18 Sample Certificate of Insurance, pg. 1 19 A02 RFIs AOCACB24R0002 JOC, 15-Apr-24, pgs. 18 20 Subconsultant List, pg. 1 21 A03 RFIs AOCACB24R0002 JOC, 29-Apr-24, pgs. 18

Clause A.3 Amendment Text was added or modified.

A.3 Amendment Text

The purpose of this amendment is to:

1. Attach and incorporate revised "Attach 1 - Section C - Statement of Work (SOW)", dated April 19, 2024, replacing all prior versions, by reference under Section J.

2. Attach and incorporate revised "Attach 2 - Instructions to Offerors", dated April 19, 2024, replacing all prior versions, by reference under Section J.

3. Attach and incorporate revised "Attach 3 - Evaluation Criteria", dated April 19, 2024, replacing all prior versions, by reference under Section J.

4. Incorporate revised "H.1 SPECIAL CONTRACT PROCEDURES", replacing all prior versions.

5. Attach and incorporate "Attach 20 - Subconsultant List", by reference under Section J.

6. Attach and incorporate RFIs, "A03 RFIs AOCACB24R0002 JOC", dated April 29, 2024, by reference under section J.

7. Add D/B clauses, AOC52.236-7 Specifications and Drawings for Design-Build Contracts (Jul 2008), AOC52.236-15 Responsibility of the Contractor for Design in Design-Build Contracts (Jul 2008), AOC52.236-16 Sequence of Design and Construction in Design- Build Contracts (Jul 2008), and AOC52.236-17 Design-Build Contractor's Construction Management Role During Design (Jul 2008).

8. Extend the RFI due date to May 6, 2024.

Section 007000 - Contract Clauses

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Clause AOC52.236-7 Specifications and Drawings for Design-Build Contracts (Jul 2008) was added or modified.

AOC52.236-7 Specifications and Drawings for Design-Build Contracts (Jul 2008)

This contract includes the standard clauses, terms and conditions, and schedules current at the time of award. In the event of conflict or inconsistency between any of the provisions of the various portions of this contract, precedence shall be given in the following order: the provisions of the solicitation; all other provisions of the accepted proposal; and any design products, including but not limited to, plans, specifications, engineering studies and analyses, shop drawings, equipment installation, drawings, etc. These are deliverables under the contract and are not part of the contract itself. Design products must conform to all provision of the contract in the order of precedence herein.

(End of clause)

Clause AOC52.236-15 Responsibility of the Contractor for Design in Design-Build Contracts (Jul 2008) was added or modified.

AOC52.236-15 Responsibility of the Contractor for Design in Design-Build Contracts (Jul 2008)

(a) The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other non-construction services furnished by the Contractor under this contract. The Contractor shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other non-construction services and perform any necessary rework or modifications, including any damage to real or personal property resulting from the design error or omission.

(b) Neither the Government’s review, approval or acceptance of, nor payment for, the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract. The Contractor shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by the Contractor’s negligent performance of any of these services furnished under this contract.

(c) The rights and remedies of the Government provided for under this contract are in addition to any other rights and remedies provided by law.

(d) If the Contractor is comprised of more than one legal entity, each entity shall be jointly and severally liable thereunder.

(End of clause)

Clause AOC52.236-16 Sequence of Design and Construction in Design-Build Contracts (Jul 2008) was added or modified.

AOC52.236-16 Sequence of Design and Construction in Design-Build Contracts (Jul 2008)

(a) After receipt of the contract Notice to Proceed (NTP) the Contractor shall initiate design, comply with all design submission requirements as covered under each task order, and obtain Government review of each submission. No construction will start without prior consent of the Contracting Officer until the Government reviews the final design submission and determines it satisfactory for purposes of beginning construction. The Contracting Officer will notify the Contractor when the design is cleared for construction and issue a second NTP. The Government will not grant any time extension for any design resubmittal required when, in the opinion of the Contracting Officer, the initial submission failed to meet the minimum quality requirements as set forth in the contract.

(b) If the Government allows the Contractor to proceed with limited construction based on pending minor revisions to the reviewed final design submission, no payment will be made for any in-place construction related to the pending revisions until they are completed, or at a minimum approved as noted, resubmitted, and are satisfactory to the Government.

(c) No payment will be made for any in-place construction until all required submittals have been made, reviewed, and are satisfactory to the Government.

(End of clause)

Section 010000 - General Requirements

H.1 SPECIAL CONTRACT PROCEDURES

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SECTION H – SPECIAL CONTRACT PROCEDURES

1.0 ORDERING PROCEDURES FOR TASK ORDERS.

1.1 REQUESTS FOR PROPOSALS/QUOTATIONS. When the Government requires work under the Indefinite Delivery Indefinite Quantity (IDIQ), a task order request for proposal (RFP) or quotation (RFQ) will be issued via email.

1.2 AUTHORIZED ORDERING OFFICERS. Services to be ordered under this contract shall be ordered by issuance of a written task order executed by a warranted Contracting Officer (CO). All task orders are subject to the terms and conditions of this contract. In the event of a conflict between an order and this contract, the contract shall take precedence. Authorized ordering officers include any Architect of the Capitol (AOC) Contracting Officer within their delegated authority.

2.0 TASK ORDER THRESHOLDS.

2.1 Except for the purpose of satisfying the minimum guarantee, individual task orders are limited to a minimum amount of $1,000.

2.2 The Contractor is not obligated to honor orders received for less than the minimum ordering amount although the Contractor may choose to honor the order. In the event the Contractor chooses not to honor the order, it must be returned to the ordering officer within five (5) calendar days with the Contractor’s written rejection of the order.

2.3 The AOC reserves the right to increase the ordering threshold limitation of $2M up to but not exceeding $3M.

3.0 TASK ORDER CONTENTS. Each Task Order will contain the following:

3.1 Statement of Work/Specifications/Drawings (if applicable).

3.2 Period of Performance.

3.3 Proposal due date and proposal delivery instructions.

3.4 Technical proposal instructions (If required).

3.5 Evaluation factors for award (Typically price only).

3.6 Price proposal instructions.

4.0 TASK ORDER SELECTION PROCESS.

4.1 Consistent with the FAR 16.505(b)(1)(iii) and Order 34-1 AOC Contracting Manual (2022) 8.1.6(d)(1), the Contracting Officer will ensure where practicable that each awardee is considered for each order. The AOC defines Fair Opportunity for this IDIQ as an internal review of all awardees considering the following criteria:

a. Technical expertise and capabilities of the Contractor,

b. Past performance of the Contractor (e.g. responsiveness to previous AOC projects, ability to quickly commence construction activities, ability to deliver quality construction services on past AOC projects), and/or

c. Capacity to take on new tasks based on current and future workload on other AOC contracts.

4.2 Following a Fair Opportunity review as detailed in Section 4.1 above, the AOC will issue an RFP/RFQ to one, some, or all IDIQ contract holders. In the event a requirement is not competed but the Contractor’s price is not deemed fair and reasonable and/or negotiation efforts have failed, then the Government has the option to open the requirement up for competition to the other IDIQ contract holders. The IDIQ holders shall be subject to the terms and conditions of their respective contracts. The competition will be conducted in accordance with Section 4.3.

4.3 Competed Task Orders: It is anticipated that higher value task orders and/or those with more unique requirements to the AOC are more likely to be competed. Unless the Contracting Officer applies any of the exceptions noted below, each competed task order will be awarded to the contractor who is determined to be the most qualified by the AOC considering the criteria specified in the task order RFP. The Contractor shall identify the Key Personnel (if applicable) on the first page of the proposal. Key Personnel identified and incorporated at the IDIQ level cannot be substituted without a formal modification to the IDIQ. In addition, the CO may require other disciplines not identified at the IDIQ level for a specific task order and will include any additional disciplines and associated requirements in the task order RFP, to be negotiated with the Contractor.

Contractors may be restricted from competition on competed task orders if, at the time of the task order RFP issuance, any of the following apply:

a. The CO determines the contractor’s current capacity is limited based on the number and magnitude of current active task orders;

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b. The contractor is approaching (within 10%) of their IDIQ maximum and multiple other contractors have more than 10% capacity remaining;

c. The contractor has received a Marginal or Unsatisfactory on a CPARS rating on any AOC contract within the previous 12 months from date of RFP/RFQ issuance.

5.0 SITE VISITS. Offeror's attendance at walk-throughs (site visits) is considered vital to preparation of competitive and cost-effective offers and to understanding the total results desired by the AOC. The contractor is encouraged to attend all scheduled site visits prior to providing a proposal.

6.0 PROPOSAL CONTENTS. All price proposals received for Task Orders shall be prepared using the CSI Bid Form Template. Price proposals shall clearly identify units, unit pricing, quantities, material, equipment, and labor. Additionally, the maximum amount (percentage) for profit and overhead shall not exceed the rates proposed in Section B – Price Schedule for the corresponding base or option year that the RFP is issued. This applies to all task orders awarded under this IDIQ. Modifications increasing or decreasing the price of the task order shall be governed by the price requirements established in AOC52.243-1 Changes – Supplement (May 2022).

Costs for preparation of proposals and pre-award activities shall be the sole responsibility of the Contractor. The Contractor will not be reimbursed for attendance during negotiations, site visits, or any other task order pre-award activities.

7.0 EVALUATION METHOD. The AOC is not obligated to obtain written or oral technical proposals. Most task orders will be evaluated for price only. The ordering CO has broad discretion for applying technical factors. However, all task orders will be evaluated for price and past performance. If technical factors are required either by written or oral presentations, the following factors may be addressed:

a. The Contractor’s technical understanding of the work.

b. The proposed schedule for construction.

c. The most efficient and effective plan to accomplish the work.

d. The background and experience of the Contractor’s Key Personnel.

8.0 AWARD DECISION. Task Order awards will be made based on the best value to the Government. The awarded Task Order will be firm-fixed-price or Time & Material, with a specific number of calendar days for completion or a specified period of performance.

9.0 PROTESTS. No protest under Order 34-1 AOC Contracting Manual (2022) 8.1.6(c)(4) is authorized in connection with the issuance or proposed issuance of an order under a Task Order Contract except for a protest on the grounds that the order increases the scope, period, or maximum value of the Task Order contract.

10.0 AVAILABILITY OF FUNDS. The AOC may request proposals for which funding is not currently available for the award (which will be duly noted in the request for proposals). If funds fail to become available for the award of the project, the event shall not constitute a basis for equitable adjustment under this contract. If funds for a project become available within 30 days after the expiration of the proposal acceptance period, the AOC may request an extension of the contractor’s proposal acceptance period without further competition for the project. If the proposal acceptance period is not extended by the contractor, the project may be re-solicited.

11.0 ON/OFF RAMP PROCEDURES. The Multi-Award JOC IDIQ contract will contain on- and off-ramp procedures. The purpose of the on- and off-ramp procedures are to allow the AOC to maintain a competitive and highly qualified pool of Contractors that actively participate on task orders. A Contractor may be on-ramped in the event the AOC has a need for additional capacity and/or when an existing Contractor has been off-ramped for any reason stated in this section.

11.1 Off-Ramp Activity

a. The AOC reserves the right to off-ramp Contractors for any of the following reasons:

• Repeatedly failing to respond to task order RFPs by the CO specified due date.

• Consistently submitting unreasonably high proposal amounts, requiring the Government to open the requirement to competition (See Section 4.2), and/or

• Receiving a Marginal or Unsatisfactory CPARS rating on any Government contract action.

11.2 Off-Ramp Procedures

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a. Contractors off-ramped will receive a written notification from the CO identifying the reason for being off-ramped. Contractors that are off-ramped will be removed from the pool of JOC Contractors and no longer be considered for future task orders. The AOC reserves the right to split the Contractor’s unused capacity among the remaining JOC Contractors if the AOC elects not to on-ramp another Contractor.

11.3 On-Ramp Activity

a. The AOC reserves the right to on-ramp additional Contractors at any time during the life of this JOC Multi-Award IDIQ contract.

On-ramping a Contractor may occur at any time after the initial set of JOC IDIQ awardees to enhance the competitive environment of task order solicitations under the originally awarded JOC IDIQ contracts. The original effective ordering period for contract holders is eight (8) years from the original JOC Multi-Award IDIQ establishment; no additional contract will extend beyond this ordering period regardless of when a base year contract is awarded.

11.4 On-Ramp Procedures

a. The AOC reserves the right to reopen the competition using a separate solicitation and evaluation criteria at any time during the term of the JOC Multi-Award ordering period to add more JOC contracts to the existing pool of JOC contract awardees. In this case, the AOC will advertise the reopening of the competition on a Government-wide Point of Entry (GPE) (such as SAM.gov).

The anticipated number of awards will also be announced in the reopening announcement posted to the GPE; however, the AOC has the discretion to award more or fewer contracts than the number anticipated in the solicitation depending upon the quality of the offers received and the needs of the AOC. The evaluation and selection of new contract awardees for any on-ramp shall meet the requirement established in the initial RFP and be subject to the same evaluation and award criteria used for the initial JOC Multi- Award IDIQ contract awards. Current JOC IDIQ contract holders will not need to re-compete. JOC IDIQ Contractors that were off-ramped will not be allowed to participate in the on-ramp RFP.

Clause AOC52.236-17 Design-Build Contractor's Construction Management Role During Design (Jul 2008) was added or modified.

AOC52.236-17 Design-Build Contractor's Construction Management Role During Design (Jul 2008)

(a) The Contractor’s construction management key personnel shall be actively involved during the design process in order to effectively integrate the design and construction requirements of this contract. In addition to the typical required construction activities, the Contractor’s construction management involvement includes, but is not limited to--

(1) Integrating the design schedule into the Master schedule to maximize the effectiveness of fast-tracking design and construction (within the limits allowed in the contract);

(2) Ensuring constructability and economy of the design;

(3) Integrating the shop drawing and installation drawing process into the design;

(4) Executing the material and equipment acquisition programs to meet critical schedules;

(5) Effectively interfacing the construction quality control program with the design quality control program; and

(6) Maintaining and providing the design team with accurate, up-to-date redline and as-built documentation.

(b) The Contractor shall require and manage the active involvement of key subcontractors in the above activities.

(End of Clause)