AMD 05 - RFP N33191-23-R-9000 ROMANIA JOC.pdf

ACQR5854179

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The reason for this Amendment is to respond to the last and final Pre-Proposal Inquiries (PPIs) submitted prior to the cut-off date 14 January 2023 in accordance w ith the RFP terms (See attached full list of submitted PPIs and the responses).

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

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

16C. DATE SIGNED

BY 17-Jan-2023

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N3319123R9000

X 9B. DATED (SEE ITEM 11)

17-Nov-2022

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer 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 telegram 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 telegram or letter, provided each telegram or letter 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 NO. AS DESCRIBED IN ITEM 14.

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

CONTRACT ORDER NO. 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.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

17-Jan-2023

CODE

NAVFAC EUROPE AFRICA CENTRAL

PSC 817 BOX 51

FPO AE 09622-0051

N33191 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N3319123R9000

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

(End of Summary of Changes)

Reference (Spec/Dwg) Question Response

1 RFP Sec. 010000 General

Requirements

In order to provide projection to offerors about future JOC task order values, kindly request you provide a list of contract amounts and their performance periods for the task orders completed during previous ROMANIA JOC period.

We believe that this information will provide benefit to the contractors in establishment of the proposal coefficients, at their own risk.

All awards under the previous JOC may be found at www.fpds.gov by searching for the contract number

N3319117D1200. The link may be found here:

https://www.fpds.gov/ezsearch/search.do?indexName=awardfull&templateName=1.5.3&s=FPDS.GOV&q=n33

19117d1200

2 RFP Sec. 002113/ Para. E.(a) PRICE

EVALUATION FACTORS, Item

3)Letter from the offeror's bank/surety

In regard to the financial resource amount that will be verified with a letter from the offeror's bank/surety, please clarify the minimım amount acceptable for

Government's evaluation.

$2M

3 RFP Sec. 010000 General

Requirements

Please clarify whether Government will provide escorts at the Government's expense, if access is needed to a restricted area.

For work on the installation within the SSLA (AEGIS Ashore launch complex) or secure spaces (such as the emergency dispatch or armory), Contractor personnel must be accompanied by an authorized escort. Escorts are typically US nationals with an adjudicated security clearance. On past task orders, escorts have been obtained by the Contractor from either the Base Operating Support Contractor (Vectrus) or from an available pool of military personnel. Typically, the escorts must be obtained from the BOSC. The BOSC must be reimbursed for this service by the JOC Contractor. The JOC Contractor may include the cost of the escort service in their task order bid. It is a valid cost.

4 RFP Sec. 010000 General

Requirements

IAW RFP-General Requirements, Paragraph C.1, this Solicitation requires compliance with U.S. Standards and Codes.

RS Means Cost Data is based on US industry practices, standards, and materials, and is not including shipping cost from U.S. to Romania. Locally available material in Romania/Europe might not be in full compliance with the technical requirements. Cost and time related to the shipment of material and equipment from the United States may be significant.

Please clarify how offeror's should anticipate such expenses? How willl

Government compansate aforementoned international transportation cost and time?

International shipping requirements will be negotiated on a per task order basis and not considered part of the RS

Means costs or the contractor's coefficient.

5 RFP Sec 01 00 00, Para. C.11

MINIMUM INSURANCE

REQUIREMENTS, and Section F –

Deliveries or Performance a)Please clarify whether separate Insurance certificate shall be provided separately for each task order, or a single insurance certificate shall be provided for each JOC year to be exercised. b)Please clarify whether the expenses related to insurances described under RFP page 63, Para. C.11 shall be included in contractor's coefficient.

Insurance will be required on an annual bases for the JOC along with the options exercised and shall be a cost included in the coefficient.

6 RFP Section 00 70 00, CLAUSES

INCORPORATED BY

REFERENCE, FAR 52.228-3

Please clarify whether Romanian and Third Country Nationals are waived from

DEFENSE BASE ACT (DBA) /Worker's Compensation Insurance requirement.

Contractors are to provide Worker's Compensation Insurance in accordance with FAR:

52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014, 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984

52.228-5 Insurance - Work On A Government Installation JAN 1997

See section "Clauses Incorporated by Text" of the RFP

7 Section 00 21 13 - Instructions to

Bidders - PERFORMANCE

GUARANTEE

Can you confirm Performance Guarantees are required only for task orders if equal to or greater than 150,000 USD with an amount of 10% of the amount of each individual task order.

Any other bonding like additional Performance Guarantee for the frame contract is not required.

The soliciation states, "The Contractor shall provide a notarized Performance Guarantee letter within ten (10) days after issuance of each task order greater than $150,000 or as required by the Contracting Officer."

Performance guarantees for task orders may be required by the Contracting Officer for task orders less than

$150,000.

8 Section 00 21 13 - Instructions to

Bidders - EVALUATION - E.

EVALUATION FACTORS FOR

AWARD - (a) PRICE

EVALUATION FACTORS (Volume

I – Price Proposal)

"3) Letter from the offeror’s bank/surety. The letter is to verify the offeror has sufficient financial resources to meet the performance guarantee requirements of this contract."

Can you please clarify if a bank letter of assurance is required? If not, please provide a sample text for the requested letter from the bank/surety.

Yes, a bank letter is required with a minimum amount of $2M.

9 Section 01 00 00 - GENERAL

REQUIREMENTS

C.1 General Information

It is specified in referenced section that work is within the country of Romania;

most of which will occur in and around Naval Support Facility Deveselu.

Can you specify a limit of work outside of Deveselu?

(SECTION F – DELIVERIES OR PEFORMANCE F.1states "The work shall be located at Naval Support Facility Deveselu, Romania", so does not mention work outside Deveselu.)

Contract must maintain the flexibility to complete work at Craiova Airport if need arises. It is likely that all work will occur within the boundaries of the American military installation at Deveselu.

SOLICITATION N3319123R9000

NAVFAC ROMANIA AREA OF RESPONSIBILITY JOB ORDER CONTRACT

PRE-PROPOSAL INQUIRY (PPI) FORM

ATTACHMENT A

Offerors who determine that the technical and or contractual requirements of this Solicitation require clarification(s) in order to permit submittal of a responsive proposal shall submit all questions in writing. This attachment serves as the pre-proposal inquiry format and will be provided as an attachment to the solicitation in FBO. Inquiries shall be submitted via e-mail to Chirine Johnson at chirine.elkaissijohnson.civ@us.navy.mil with a copy to Alex Wingert at alex.h.wingert.civ@us.navy.mil. Pre-

Proposal Inquiries (PPIs) will be accepted up to 10 days prior to the due date of the proposals. Responses will be published via amendment to the solicitation. Confirmation of email receipt will be sent to each PPI.

10 Section 01 00 00 - C.5 R. S. MEANS

COST DATA - C.5.3

There is no R. S. MEANS book with the title "Repair and Remodeling Cost

Data". Can you please clarify if the R.S. Means books "Commercial Renovation

Costs Book" or "Contractor's Pricing Guide: Residential Repair & Remodeling

Costs Book" are applicable and in which order of presedence.

Data from all of the following book titles may be used: Building Construction Costs Book; Assemblies Costs

Book; Facilities Maintenance and Repair Costs Book; Electrical Costs Book; Plumbing Costs Book; Mechanical

Costs Book; or, the Contractor may used pre-priced cost data from RS Means Data Online.

11 Section 01 00 00 - C.4

COEFFICIENTS - C.4.2

Please clarify if coefficient factor must include temporary utilities, on-base storage facilities, temporary sanitary facilities and field office space. There are also R.S. Means line items for these.

Yes; coefficient factor must include temporary utilities, on-base storage facilities, temporary sanitary facilities and field office space.

12 Section 00 21 13 - Instructions to

Bidders - EVALUATION - E.

EVALUATION FACTORS FOR

AWARD - (a) PRICE

EVALUATION FACTORS (Volume

I – Price Proposal)

Please confirm it is requested to submit 1 filled Attachment B for the base year and all option years together (one submittal only). Coefficients will remain unchanged for all option years.

Yes; The Government confirms that it is requested to submit 1 filled Attachment B for the base year and all option years together (one submittal only). Coefficients will remain unchanged for all option years.

13 Section 01 00 00 - GENERAL

REQUIREMENTS

C.3 TASK ORDER PRICING

Respectfully request to replace R.S. Means cost data with European price book.

Due to unpredictable developements in currrency rates and different price inflation rates in Europe and US, European price book seems more appropriate.

Please use RS Means cost data as it is the only resource available to the Owner to construct government cost estimates and to perform analysis of Contractor bids. It is likely that many materials will need to be shipped from the United States to Romania to satisfy the requirements of the individual task orders. All task orders will be awarded in US Dollars.

14 Section 01 00 00 - GENERAL

REQUIREMENTS

C.3 TASK ORDER PRICING

R.S. Means was developed from US industry practices , standards, and materials. R.S. Means cost data book is using US units and dimensions for material and equipment. Locally available material in Romania or Europe might not be the exact technical equal of the US material. Please confirm

Contractor is allowed to use European Material and Equipment and it will be evaluated reasonable equivalent to those found within the R. S. MEANS Cost

Data Books. If shipment of material and equipment from the United States is required, a significant cost growth and time increase to the task orders could be anticipated.

Shipment of equipment and materials from the United States may be required to satisfy the requirements of the individual task orders. Shipping and freight costs are a valid cost item in bids where importation of goods from the United States is required. Typically, importation of goods from the US market is only required in the case of mechanical, electrical and plumbing items. Typically, structural and exterior/interior finish materials can be obtained from the Romanian market.

15 Section 00 21 13 - Instructions to

Bidders - PREAWARD

SURVEY/RESPONSIBILITYDETE

RMINATION

Reference is made to Section "PreAward Survey/ Responsibilitydetermination":

Please confirm the requested data shall be submitted with the price proposal.

Requested data demonstrating financial ability to perform contract is required when the Offeror submits their price evaluation factors with their Contract proposal.

16 Section 01 00 00 - GENERAL

REQUIREMENTS

C.1 General Information

The referenced section of this Solicitation sets a precedence of work IAW the

National Electrical Code, the National Fire Code, etc.

Locally available material in Romania or Europe might not be the exact technical equal of the US material described in these codes.

Please confirm Contractor is allowed to use European Material and Equipment.

Owner preference is to import materials from the US market meeting the exact requirements of US codes and references. Typically Owner does not accept products from European markets without lab testing and accreditation. Current JOC contract in Romania has had to import materials from US market on every task order.

17 Section 01 00 00 - GENERAL

REQUIREMENTS

C.1.1 Contract Type and Term

It is understood that design and/or engineering services will usually not be required, except in limited applications/ occasional minor design. Please confirm design costs shall not be included in the coefficient and will be accepted non-pre-priced work.

Design cost shall not be included in the coefficient. The JOC contract does not include design. Engineering services are included in the JOC Contract and are a valid non-pre-priced item. Engineering services include topographic surveys, utility locates, geotechnical investigations, site layout, shop drawings, structural calculations, foundation planning, code review, water distribution and sewer distribution planning and calculation.

18 Section 00 21 13 - Instructions to

Bidders, E (b) NON-PRICE

EVALUATION FACTORS (Volume

II – Non-Price Proposal), FACTOR

2, MANAGEMENT APPROACH

Are resumes of Key Personnel acceptable for review in this factor? It would be acceptable to submit resumes in addition to the other required information if the if the total page count as stated in the soliciation is not exceeded. It is unlikely that resumes alone would convey all of the information required to evalutate Factor 2.

19 Section 00 21 13 - Instructions to

Bidders, E (b) NON-PRICE

EVALUATION FACTORS (Volume

II – Non-Price Proposal), FACTOR

2, MANAGEMENT APPROACH

Para. C.17 QUALITY MANAGEMENT on Solicitation page 77 of 104 provides the following definition of Quality Assurance, "Quality Control (QC), established and directed by the Contractor, and Quality Assurance (QA), the

Government’s program to maximize project quality elements".

Please clarify what is the Offeror's Quality Assurance required in FACTOR 2, MANAGEMENT APPROACH. The requirement reads, "8. Discuss the

Offeror’s QA/QC program."

Please disregard reference to QA program. Please only address to Contractor's QC (Quality Control) program in

Factor 2 discussion narrative.

20 Section 00 21 13 - Instructions to

Bidders, PREAWARD

SURVEY/RESPONSIBILITYDETE

RMINATION

Please confirm that the Pre-Award Survey documentation is to be submitted as part of Volume I - Price Proposal?

Yes.

21 Section 00 21 13 - Instructions to

Bidders, PREAWARD

SURVEY/RESPONSIBILITYDETE

RMINATION

Please clarify whether the documents required for the Pre-Award Survey are the same documents required for Volume I - Price Proposal?

Confirmed.

22 RFP Sec. 01 00 0000 / Parapgraph

No. C. 5 R.S.MEANS COST DATA

R.S. MEANS material and labor costs will differ per the City Cost Indexes or the locations in USA(or Canada). RS Means requires user to apply applicable

City Cost Indexes, to reach correct cost data. Please clarify which city cost index/location will apply to this RFP-Romania JOC.

Do not apply a city cost index/ location to the RS Means cost data. Use the bare cost data in RS Means. If the

Contractor feels that an area cost factor applies, then it should be included in the coefficient that the Contractor proposes with their bid.

23 RFP Sec. 01 00 0000 / Parapgraph

No. C. 5 R.S.MEANS COST DATA

Both parapgraphes are in confict to each other. Please clarify whether cost for the QC Manager is excluded from contractor's coefficient as stated in Para.

C.2.6.13 or shall be included in the contractor's coefficient as stated under Para.

C. 17. Para. C.2.6.1.3 Quality Control Manager (QCM) states that; "The

QCM may or may not be the same person as the PM, unless specified under requirements of individual Task Orders. In the case where an individual Task

Order requires that a QCM cannot serve separate functions, such services shall be included as a non-pre-priced item in that Task Order."

Contractor will include a cost for a Quality Control Manager in their proposed coefficient. All task orders require a QC Manager. If a dedicated QC Manager is required by a specific task order, then the Contractor may include an additional fee. A dedicated QC Manager is a person who cannot fulfill any other role on the project other than that of the QC Manager.

24 RFP Sec. 00 21 13, Parapgraph

EVALUATION

Under several sub-paragraphes, the font size for each Evaluation factor is stated as 12 Font. We assume it is maximum font size. Considering the page limitation and the information required to provide satisfactory responses to each

Evaluation factor, we offer to use 11 Font. Please clarify if bidders may use smaller font, such as 11 Font.

Bidders may use font size 11

25 STATEMENT OF WORK C.3.2.

Non-Pre-Priced Work (Competitive

Quote or Self-Performed Work)

The Coefficients for Non Pre-Priced work are not different for the two associated pricing methodologies "Competitive Quotes" and "Self-Performed

Work", but only between Material & Equipment and Labor. The subcontractor's mark-up percentage on bare labor, material, equipment costs is included in the competetive quotes. However for self-performed work, the direct/bare costs are used. As a result with the same coefficient, competetives quote methodologies are higher by the subcontractor's mark-up and self-performed work will not be not beneficial for the prime contractor.

To compensate, a fixed mark-up percentage on self-performed work in addition to the coefficient would be appropriate. For example: C.3.2.2 Self-Performed

Work: 9. Profit and overhead (15%). Or, as indicated in C3.2.1 and C.3.2.2, differentiate in Attachment B between coefficient for competetive quotes and

Coefficient for self performed work.

Typically, task order bids including non-pre-priced work with competitive quotes will be utilized for highly specialized work outside the expertise of most general contractors. Task orders bids including non-pre-priced work self-performed will be utilized for projects requiring unskilled labor. It would be a highly unique situation in which self performed, non-pre-priced work would be in competition with an execution strategy of non-prepriced work utilizing subcontractor competitive bids. At Deveselu, self-performed non-pre-priced work is extremely rare as most work that could be self-performed would be found in RS Means.

26 STATEMENT OF WORK C.3.2.

Non-Pre-Priced Work (Competitive

Quote or Self-Performed Work)

The thresholds of $3,000 specified in C.3.2.1 and C.3.2.2, is it $3,000 for each of multiple line items in a Task order? Or is $3,000 it the total Task order proposal value?

Any cost item over $3,000 included in a proposal must have detailed cost information. Items under $3,000 require less detail.

27 Section 00 70 00 - Conditions of the

Contract

The FAR clauses to be checked/filled of Section 00 70 00 - "Conditions of the

Contract" shall be included in Volume 1- Price Proposal?

Yes.

28 PART I – THE SCHEDULE

SECTION F: DELIVERIES OR

PERFORMANCE

Please confirm our understanding that the SECTION C.16.7 "Task Order

SSHO" is an equivalent to SECTION F.11 "Alternate SSHO".

Section C.16.7 addresses the requirement that the Contractor provide a Site Safety and Health Officer (SSHO) for each task order. Section F.11 addresses the requirement that the identified SSHO be on site at all times while work is being performed (except when an alternate SSHO of equal qualifications is provided.) Therefore, yes, the task order SSHO is either the identifed SSHO for the task order or an alternate. And, no, the alternate SSHO is not the same person as the task order SSHO. Section F.11 anticipates that the identified SSHO may not be on site at all times so they can be replaced by an alternate as need arises.

29 Section C.2.6.1.3 Quality Control

Manager (QCM)

Please clarify if the QCM may or may not be the same person as the on-site supervisor /superintendent.

Seeing the past limited revenues and amount of Task orders in this contract, required personnel could have concurrent duties with no lack of performance.

The default situation is that the Project Manager (PM) and Quality Control Manager (QCM) are the same person.

If the QCM must be a dedicated individual without any other duties, this requirement will be identified in the task order request for proposal package. In that case, the Contractor may include a cost in their task order bid to account for the additional labor burden.

30 Section C.2.6.1.1 Project Manager

(PM) / Section G.7

(SUPERINTENDENCE)

Please clarify if the on-site supervisor (superintendence) may or may not be the same person as the PM.

The Site Superintendent may function as the Project Manager for the Contract. The Site Superintendent may function as the SSHO (Site Safety and Health Officer) unless specifically prohibited by the task order request for proposal package. (Please note the SSHO must meet minimum competency requirements outlined in the solicitation.) The Contractor shall provide supervision in accordance with FAR Clause 52.236-6, SUPERINTENDENCE BY THE CONTRACTOR. When any individual task order exceeds $100,000, a full-time superintendent is required to be at the job site of the Task Order at all times when work is being performed.

31 Section F.12 Section C.16.8 "Competent Person for Confined Space Entry" states "This is a unique Task Order Requirement that shall be priced separately and is not to be included in the Contractor’s Coefficient."

Please clarify if costs for competent persons named in Section F.12 shall be included in contractor's coefficient?

Correct, do not include the cost for competent/qualified persons to maintain compliance with EM385-1-1 or the

Contractor's general accident prevention plan in the Contractor coefficient. If an competent/qualified person is required on a task order to limit risk and maintain site safety, then the labor cost will be included as a specific line item in the task order bid.

32 RFP p 21 The RFP lists DFARS 252.225-7004 Report of Intended Performance Outside the United States and Canada—Submission After Award.

Question: Will the government please confirm that all work performed on task orders issued under this IDIQ vehicle will be considered work that could not be performed in the US/Canada for the purposes of DFARS 252.225-7004 reporting, as-included in the solicitation?

The clause is removed by this amendment.

33 RFP p 29 The RFP includes FAR 52.211-14 – Notice of Priority Rating for National

Defense, Emergency Preparedness, and Energy Program Use (APR 2008). FAR

52.211-14, as-included in the solicitation, appears to contain a typographical error.

Question: Will the Government please clarify the intended DPAS rating for this solicitation?“

All task orders issued under this contract will be DO rated orders. The clause is completed correctly, but the text

"[Contracting Officer check appropriate box.]" was left in erroneously. The text is removed by this amendment.

34 RFP p 9 The RFP, section C 9.4 states that the Government may include liquidated damages on individual Task Orders.

Question: will the Government please provide anticipated schedule that would be used to calculate Task Order Liquidated damages?

NAVFAC no longer provides a table or schedule for liquidated damages. Liquidated damages are calculated on a per task order basis depending on the potential damages to the Government associated with late completion of the particular task order.

35 RFP pp 11, 14, 15 With regard to the Price narrative, Management Approach, and Safety factors, the RFP states that Times New Roman size 12 font shall be used. To improve ease of reading and enable a more robust response, would the Government allow the use of Arial Narrow 10 point for graphics (e.g., the required organizational chart) and tables?

Yes. Approved only for graphics, charts and tables. All narrative text shall be in Times New Roman size 12 font.

36 Amended Solicitation page 10 The Price Proposal shall include:

"3) Letter from the offeror’s bank/ surety verify the offeror has at least $2M in aggregate capacity for bonds or performance guarantees. The letter is to verify the offeror has sufficient financial resources to meet the performance guarantee requirements of this contract. [...] AND

9) Submit evidence of availability of working/operating capital from an independent financial institution which will be used for the performance of the resultant contract. "

Can you please confirm that both requirements can be satisfied with one letter from the bank.

To ensure that the Contractor's proposal is evaluated accurately and that the Government does not have to make assumptions about the Contractor's intent, please provide a separate response to each requirement which clearly indicates the purpose of the each document provided.

37 Amended Solicitation page 10 The Price Proposal shall include:

"5) A bulleted list, identifying all cost factor categories included in your coefficient. At a minimum, your coefficient is to include the cost elements identified in the General Requirements, Paragraph C.4 and its subparagraphs. This narrative is limited to one (1) 8.5” x 11” page, one inch margins, Times New Roman size 12 font. "

Please confirm whether this bulleted list of cost factors shall also specify the weight of every cost factor on the coefficient.

Coefficient estimate prepared by the Government for this solicitation specified the weight of every cost factor so it is preferred if the Contractor proposal also proposed a weight for each cost factor for the purpose of comparison.

38 APPENDIX II:

CONTRACT ADMINISTRATION

DATA

G.7. SUPERINTENDENCE

Just for the avoidance of doubt, please confirm that every Task order exceeding

$100,000 contract value requires a seperate full-time superintendent to be at the job site of that Task Order at all times when work is being performed.

Consequently this SSI is not allowed to supervise other task orders.

If confirmed, this will result in high manpower needs.

This is a requirement of FAR (Federal Acquisition Regulation) 52.236-6, Superintendence by the Contractor; and is not due to Navy or PWD Deveselu preference. The FAR also requires that the site superintendent must be a competent person. If, during the course of one day (for example), work is being performed on one task order in the morning and another task order in the afternoon, a single person can be site superintendent on both jobs. If, the work on both task orders is performed simultaneously, then the Owner (the GOV) requires there be a dedicated site superintendent for each job. The Contractor should note that the periods of performance for JOC task orders are usually generous; and it should be possible in most cases for one site superintendent to cover multiple projects in post award. The Contractor may also delegate this task to their prime subcontractor

39 APPENDIX II:

CONTRACT ADMINISTRATION

DATA

G.7. SUPERINTENDENCE

Please clarify if a full-time superintendent is allowed to be the QC and Task

Order SSHO at the same time for this specific Task Order (at least up to a specific Contract value limit).

This is a requirement of FAR (Federal Acquisition Regulation) 52.236-6, Superintendence by the Contractor; and is not due to Navy or PWD Deveselu preference. The FAR also requires that the site superintendent must be a competent person. If, during the course of one day (for example), work is being performed on one task order in the morning and another task order in the afternoon, a single person can be site superintendent on both jobs. If, the work on both task orders is performed simultaneously, then the Owner (the GOV) requires there be a dedicated site superintendent for each job. The Contractor should note that the periods of performance for JOC task orders are usually generous; and it should be possible in most cases for one site superintendent to cover multiple projects in post award. The Contractor may also delegate this task to their prime subcontractor

40 APPENDIX II:

CONTRACT ADMINISTRATION

DATA

G.7. SUPERINTENDENCE

When any combination of Task Orders, at any one geographic installation

Ordering Office exceeds $100,000, a minimum of one full-time superintendent is required at that installation/Ordering Office. Please confirm that in this case the full-time superintendent is allowed to supervise an unlimited amount of

Task orders.

This is a requirement of FAR (Federal Acquisition Regulation) 52.236-6, Superintendence by the Contractor; and is not due to Navy or PWD Deveselu preference. The FAR also requires that the site superintendent must be a competent person. If, during the course of one day (for example), work is being performed on one task order in the morning and another task order in the afternoon, a single person can be site superintendent on both jobs. If, the work on both task orders is performed simultaneously, then the Owner (the GOV) requires there be a dedicated site superintendent for each job. The Contractor should note that the periods of performance for JOC task orders are usually generous; and it should be possible in most cases for one site superintendent to cover multiple projects in post award. The Contractor may also delegate this task to their prime subcontractor

41 in reply to the PPI from contractors, the Government stateed that a 2M letter from Surety is suffecint for review. Usually surety is provided to US companies from US surety firms. In Europe, we provide performance guarantees. In USA the surety provides 100% of the project amount since its an insurance system and a program whereas in Europe we will provide perfromance guarantees. If the project amount is 20 million for 5 years then an average of 4 million might be awarded each year. on the basis that all TOs are higher than 150,000$, then the evaluation should be for 400,000$ letters from the Bank and not 2Million.

Please adjust the evaluation for 400,000$

$2M is required in order to ensure contractors have adequate financial capability to provide performance guarantees for the entire contract value

42 Government's Response to Question 35 in Amendment 002 of 4-Jan-2023Government's response to Question 35 provided with Amendment 002 of 4-Jan-

2023 contradicts with Government's response to Question 24 of Amendment

001 of 13-Dec-2022.

Offeror respectfully requests that bidders are allowed to use font size 11 for the narratives in their Technical Proposal - as already confirmed by the Government with Amendment 001 of 13-Dec-2022.

For graphics, charts, and tables, font size 10 is acceptable, for the rest font 11 or 12 are acceptable.

43 Solicitation requirements to Factor 1 Experience"[...] total length for each project data sheet shall not exceed two (2) pages"

Question: Does this page limit include the first page of Attachment C (blocks 1 through 8) where no project description can be written? Practically, Offerors have only one page to answer blocks 9 through 11.

Please clarify a) whether the 2 page limit applies to the entire Attachment C, or

b) whether the 2 page limit applies to Offerors' responses to blocks 9 through

11.

The 2 pages limit is acceptable to answer blocks 9 through 11.

44 Amended Solicitation page 13

FACTOR 3, SAFETY

Please clarify whether Health and Safety records for the company shall be provided as part of the safety narrative or not. The solicitation itself does not specifically ask for it, but the sentence "While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete safety information regarding these submittal requirements rests with the offeror " raises a doubt. If H&S records are required, kindly specify the level of detail and the years requested.

The submittal requirement for Factor 3 is a two page narrative. Any information provided in the narrative must match any information available in any relevant systems or data bases regarding safety. If the FAIR and CIRS database includes information that could be construed as detrimental to the Contractor's bid, the Contractor should make an attempt to describe any reasons or clarifications about the negative event.

45 Amended Solicitation pages 5 and 10 Company financial statements (balance sheets and income statements) for the past three years are requested. Please confirm it is acceptable to submit company financial statements for fiscal years 2021, 2020 and 2019. The reason for this request is that 2022 has just come to an end, and our financial statements for this year will be ready around may/june 2023 - in accordance with our country of origin laws.

The solicitation was made in NOV of 2022. If the company's fiscal year end coincides with the calendar year end, then the past three years would be 2021, 2020 and 2019. If the company's fiscal year 2022 concluded before the solicitation, then the inclusion of 2022 financial data would be ideal.

46 Amended Solicitation page 14, FACTOR 4, PAST

PERFORMANCE

Solicitation states "IF A COMPLETED CPARS EVALUATION IS

AVAILABLE, IT SHALL BE SUBMITTED WITH THE PROPOSAL FOR

EACH PROJECT THE OFFEROR INCLUDES IN ITS PROPOSAL FOR

FACTOR 1. IF THERE IS NOT A COMPLETED CPARS EVALUATION,

the Past Performance Questionnaire (PPQ) included in the solicitation is provided for the offeror or its team members to submit to the client for each project the offeror includes in its proposal for Factor 1. AN OFFEROR SHALL

NOT SUBMIT A PPQ WHEN A COMPLETED CPARS IS AVAILABLE."

In consideration of the above we would like to ask if, in case of a JOC, MACC or MATOC contract where we have a CPARS for the whole contract and not the single task order, can the CPAR for the whole contract be considered valid? Or shall we request a CPAR or PPQ for each specific task order?

Contractors to submit CPARS evaluations or PPQ on individual task orders.

47 Amended Solicitation page 11, FACTOR 1, EXPERIENCE

Solicitation states "For purposes of this evaluation, a recent project is defined as a project that was completed no more than five (5) years prior to issuance of the solicitation."

We would like to ask:

- Which date of issuance of the solicitation shall we consider, november or amended solicitation in december?

- If a project is substantially completed, can it be accepted and considered relevant? What is the minimum completion % accepted?

Consider the November date of issuance of the solicitation. . Substantial completion means, a project at beneficial occupancy with completion of the punchlist inspection with final inspection pending.

48 Amended Solicitation page 11, FACTOR 1, EXPERIENCE

Solicitation states "For purposes of this evaluation, a relevant project is defined as: a. Has a total value of no less than $50,000. (If a project was awarded in a currency other than US dollars, the offeror must convert the non-US dollar currency into US dollars using the appropriate exchange rate as of the day the contract for the submitted project was awarded).

We would like to ask if choosing projects with a much greater value is somehow considered more relevant or interesting to the client or if it is desirable to show capacity to perform a wide variety of small-scale projects whose value is around 50k USD as requested.

It would be best for the Contractor to show a variety of project sizes (in terms of cost). The Contractors should include a project just above $50K, a project around $250K, and a project above $500K.

49 Amended Solicitation page 11, (2)

Basis of Evaluation

Solicitation states "Demonstrating any of the following may result in a more favorable consideration in the Government’s evaluation:

1. Experience working on JOC contracts.

2. Experience with compliance with Unified Facilities Criteria (UFC).

3. Experience within NAVFACSYSCOM Romania area of responsibility or other countries within the NAVAC EURAFCENT area of responsibility.

4. Experience leveraging local resources.

5. Fast response times on urgent requirements.

6. Experience self-performing relevant features of work.

7. Experience in performance of multiple projects and disciplines simultaneously.

8. Experience in ALL of the following types of work: new construction, renovation, utility systems and alteration.

9. Experience in ALL of the following types of utility systems: potable water systems, waste water systems, electrical systems and mechanical systems

(HVAC, Plumbing, pumps)."

We would like to ask:

- if there is a relative order of importance for these requirements;

- if having worked within NAVFACSYSCOM Romania area of responsibility is considered more relevant than having worked in other countries within the NAVAC EURAFCENT area of responsibility;

- if showing international experienced is desirable (other than working in

Romania and / or in the Country of Origin of the company).

Contractors that demonstrate the successful ability to execute construction works with the Romania area of responsibility will have a distinct advantage that is easily documented in the Government's evaluation. IF the

Contractor possesses experience within Romania, please include evidence of this experience in the proposal. IF the Contractor has experience in other locations in the Balkans with similar issues to Romania, please include evidence of this experience with a short explanation describing its relevance. Contractors with strong JOC, US military or utility experience should provide evidence of this experience. In cases where no prior Romania experience is held, a short statement about adapting processes to local conditions would help in evaluating the

Offer.

50 Solicitation Para C.22.1 Solicitation states "Paragraph C.22. 1 - Contractor shall be responsible for completing the VAT exemption process identified by the Romanian authorities to obtain time of sale or reimbursement exemption. Time of sale exemption is preferred."

Question: If there are costs associated with the completing exemption process identified by the Romanian authorities, could those be added to the cost of each task order?

To explain this more easily we will use one example:

Task order price 2,000 USD (minimum range from the bid documentation para

C.1.1 Contract Type and Term). Hypothetical coefficient 30 % . Hypothetical amount remaining for contractor 600 USD. If there are costs associated with the VAT exemption procedures, let’s say around 400 USD (ex :travel, accommodation), then the amount available for task order is only 200 USD.

Contractors to include the cost of processing VAT in each task order proposal.