Amendment 0003.pdf

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

N3319123R9004 Replace Co-Gen Plants & Add Thermal Storage, Caserma Ederle, Vicenza, Italy

See page 2 for description

1. CONTRACT ID CODE PAGE OF PAGES

J 1 5

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

16C. DATE SIGNED

BY 31-May-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 N3319123R9004

X 9B. DATED (SEE ITEM 11)

24-Apr-2023

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

31-May-2023

CODE

NAVFAC EUROPE AFRICA CENTRAL

VIALE PORTO CAPODICHINO

NAPOLI 80144

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N3319123R9004

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

SUMMARY OF CHANGES

The following have been added by full text:

AMENDMENT 003

The purpose of Amendment 0003 is to:

1. Answer Pre-Proposal Inquires

KTR

PPI

No.

Question Gov't Response

Ref. Section 00 21 00 ‐ Instructions to offerors ‐ (1) (B) NON‐PRICE FACTORS: ‐ Factor 1, Experience – p. 8 and Gov’t response no. 2 to KTR PPI No. 5: With reference to the relevant project experience required to the subcontractor who has SOA category OS21, confirmation is requested that the relevant project experience is acceptable if, regardless of the object of the work, the project value is equal to or greater than SOA category OS21‐II (from Euro

258.001 to Euro 516.000 or greater).

Any project submitted must be relevant in order to be considered for Factor 1, Experience.

27 Ref. Blocks 12.A and 12.B, p. 1 and Amendment 02, Answer Pre‐Proposal Inquires no. 17 and 21:

FAR 52.228‐15 Performance and Payment Bonds‐Construction states that in case of award, the contractor must provide two bonds:

1. Performance bond (Standard Form 25) in the amount of 100 % of the original contract price; and

2. Payment Bond (Standard Form 25A). in the amount of 100 % of the original contract price, in the forms specified in point (d) of the mentioned FAR.

We ask for the possibility that, in the event of an award, an alternative to the Performance and Payment Bond may be submitted as a Performance Guarantee issued by a Bank or Primary insurance institution ‐ as provided in other works tenders issued by the U.S. Government ‐ of an amount equal to 10% of the contract price. The Performance Guarantee shall take effect from the date of issuance of the guarantee (10 days after award) and shall remain valid and irrevocable until 1 year after the work has been inspected and accepted by the Government. Upon acceptance of all work by the Government, however, the Contractor may, with the approval of the Contracting Officer, replace this guarantee with a reduced guarantee in the amount of four percent (4%) of the then existing contract price, with modifications, if any. Such replacement guarantee will then remain in effect for 1 year after the final acceptance of the work by the Government.

An alternative to Performance and Payment Bond may be submitted in the form of a Performance Guarantee.

See instructions attached to the Amendment, “Performance Guarantee”.

28 Reference RFP pg 6 of 48, paragraph “Certification of Classification” – we request clarification regarding the S.O.A. Prevailing Work Category of OG09 CLASS IV BIS. Please clarify that if a General Contractor is NOT QUAILFIED in the Prevailing Category of OG09 Class IV, a “Teaming Agreement” or “Letter of Commitment” with a QUALIFIED subcontractor can be used to cover the Prevailing Category.

Clarification ‐ If a General Contractor is NOT QUAILFIED in the Prevailing Category of OG09 Class IV, then a “Teaming Agreement” or “Letter of Commitment” with a QUALIFIED subcontractor can be used to cover the Prevailing Category.

29 Where is the POC (Point of Connection) to gas source for engines at what pressure (Bar) and pipe diameter (mm)

See Drawing MS001 ‐ Sheet Keynote #1 for POC for the Natural Gas Piping. Piping size is 150mm. Inlet gas pressure for the co‐generators is 0.2 BAR minimum.

30 Where is the POC (Point of Connection) non‐potable water source at what pressure (Bar) and pipe diameter (mm)

See Sheet Keynote #8 on Drawing MS002 for softened water system connection information. Pipe size is 25mm per Drawing MP601 & Sheet Keynote #8. Location is in the general vicinity of the existing co‐generators which are to be demolished. See drawing MD001. Softened water pressure is unknown.

31 Is there a 400V utility source breaker from the 20kV/.4kV for the cogen plant and HW pump skid area – what is the ampacity of the breaker does it have time break setting ability

There is one 400V breaker from the generator to the bus and a second 400V breaker to the UPS inverter. The 400V supply breaker is selectable for the maximum amperage between 315‐400A. There is no adjustable time setting for breaker opening.

32 Where is the POC (Point of Connection) to HW at what pressure (Bar) and pipe diameter (mm) for the HW tanks

See drawing MP603 ‐ Bid Option for the HWS & HWR information. Piping size is 200mm. Pressure is unknown.

33 Where is the POC (Point of Connection) to STM at what pressure (Bar) and pipe diameter (mm)

See Sheet Keynote #2 on Drawing MS002 for Supply Steam Piping information and POC. Pipe size is 100mm per Sheet Keynote #2. Steam pressure is 4 BAR.

34 "Section 00 21 00 – Instructions, pp. 5‐11, paragraph 5 Required proposal documents Confirmation is requested that the documentation to be submitted at the tender stage with regard to the subcontractor indicated for SOA category OS21 should be only the Letter of commitment and SOA certification.”

This is acceptable

35 Is there a current ATO for the existing control system that could be amended with the new/replaced controls components or is there a need for a new ATO for the control system?

Yes, all systems have ATOs, to include Utility Monitoring and Control System (UMCS), Electrical Distribution System (EDS), and Fire Alarm Reporting System (FARS) have ATOs.

36 Has the control system categorization been determined as LLL? The UMCS and EDS are both LLL, the FARS is LMM.

37 Will the cybersecurity effort and submittals be limited to the content of Div 25 specifications, or would the contractor be required to follow NAVFAC Echelon II Risk Management Framework Business Rules for Facility‐Related Control Systems, including use of eMASS?

The Div 25 specifications apply to this project. As shown in the solicitation, the current system is meeting the CCIs through current policies, procedures, and testing. All configuration changes must also comply with the ATO’s CCIs and system hardware/software components. The government will continue to perform STIGs and scans on the system.

38 Is the existing UMCS a standalone system? Will the new/updated UMCS be a standalone control system or is it expected to connect to the Platform Enclave and receive security services from the Enclave?

The UMCS connection for the project integrates the project systems into the basewide UMCS. The UMCS is not standalone for the Central Energy Plant but is on a Closed Restricted Network that provides all the cybersecurity measures for the UMCS server and workstations.

39 60643730_Ederle_Final_SPECS_Electronic DC4signed ‐ Section 26 32 17.00 – Gas‐fired cogenerator unit 1400‐1600 kw, with auxiliars (MP602) Confirmation is requested that the configuration does not include the installation of an SCR system (subject to the required emission limit of 250 mg/Nm3 NOx).

Specification Section 26 32 17.00 indicates maximum NOx emissions of the selected co‐generator units shall be 250 mg/Nm3 (at 5% O2). This standard is to be met without an SCR system.

40 60643730_Ederle_Final_SPECS_Electronic DC4signed ‐ Section 26 32 17.00 – Gas‐fired cogenerator unit 1400‐1600 kw, with auxiliars (MP602) Confirmation is requested that heat recovery is also provided from the low‐temperature circuit of the second stage aftercooler, for pre‐heating combustion air from existing boilers and for heating a 5 m3 demineralized water tank.

Designer of Record confirms indicated system configuration.

41 SECTION 01 00 00 – GENERAL REQUIREMENTS, pag. 9, (B) NON‐PRICE FACTORS

(1) Factor 1 Experience: Confirmation is requested that, as an alternative to the electronic copy of the original contract, the Certificate of Work Execution issued and signed by the client, as well as verified and certified by the Italian National Authority for Anti‐Corruption (ANAC) and held by it in its telematic archives, can be submitted (translated into English). The mentioned certificate includes Project title, location by physical project, award value, beneficiary Point of contact information, contract completion date, construction completion date and the description of the activities performed categorized by SOA categories with the amounts actually invoiced.

This is acceptable

PERFORMANCE GUARANTEE

PERFORMANCE GUARANTEE

Ten-Percent (10%) PERFORMANCE GUARANTEE

Submittal Time: The offeror whose offer is accepted shall, within ten (10) days after Administering Contracting Officer (ACO) transfer notice, furnish either (1) a Performance Guarantee and a notarized Performance Guarantee Letter conforming to the requirements below, or (2) Performance and Payment bonds conforming to the requirements below. If the offeror fails to provide either (1) a Performance Guarantee and a notarized Performance Guarantee Letter or (2) Performance and Payment Bonds within ten (10) days, the contract may be terminated for default. In such event, the offeror shall be liable for any cost of procuring the work which exceeds the amount of its offer. Clauses 52.228-2, 52.228-11 (Dev) and 52.228- 15 (Dev), listed in Section 01 00 00 – General Requirements below, will apply only if the offeror elects to submit payment and performance bonds, rather than a notarized performance guarantee, with their proposal.

Form of Performance Guarantee: The Performance Guarantee shall be an amount equal to ten percent (10%) of the amount of the contract and shall be deposited into a banking institution, as acceptable to the Contracting Officer, which will then issue an irrevocable letter guaranteeing (the “Performance Guarantee Letter”) the payment of the amount deposited to the United States Government, upon demand by the Contracting Officer. Demand may be made if the Contractor fails to comply with the terms and conditions of the contract, or does not fulfill its undertaking in whole or in part. Payment to the Contracting Officer will be by check made payable to the "United States of America by the U.S. Department of the Navy, Naval Facilities Engineering Systems Command, Europe, Africa, Central." The Performance Guarantee shall take effect upon the date of signature of the Performance Guarantee Letter and shall remain valid and irrevocable until one (1) year after the work has been finally inspected and accepted by the Government. The Performance Guarantee Letter shall be accompanied by a notarized document authenticating the financial institution's authority to sign the letter. An English translation of the Performance Guarantee Letter shall be submitted concurrently.

Upon acceptance of all work by the Government, however, the Contractor may, with the approval of the Contracting Officer, replace this guarantee with a reduced guarantee in the amount of four percent (4%) of the then existing contract price, with modifications, if any. Such replacement guarantee will then remain in effect for one (1) year after the final acceptance of the work by the Government.

SAMPLE OF PERFORMANCE GUARANTEE ISSUED BY A BANK

The Government will accept as valid a Performance Guarantee conforming to these requirements.

BANK LETTERHEAD

Date To: United States of America U.S. Department of Navy Contracting Office (FEA/IPT put in your address)

Attention: Contracting Officer

This is a letter of performance guarantee. I/We, the undersigned, acting as the duly authorized representative(s) of the Bank, declare that the Bank hereby guarantees and is jointly and severally liable as guarantor with the contractor named below to effect payment to the Contracting Office that issued the contract stated below, by check made payable to the “United States of America by the U.S. Department of the Navy, Naval Facilities Engineering Systems Command, Europe, Africa, Central,” within five (5) calendar days after receipt of a simple written request by registered mail, return receipt, in amount up to sum of (Amount equal to ten (10%) percent of the contract amount in the currency stated in the contract), which represents the deposit required of the Contractor to guarantee fulfillment of his obligations for the satisfactory completion and timely performance of the work under Contract No. (insert contract number) for (insert description of services and location), in strict compliance with the terms, conditions and specifications of said contract entered into between the United States of America by the U.S. Department of Navy, Naval Facilities Engineering Systems Command, Europe, Africa, Central and the Contractor (insert name of Contractor) on (insert contract date), plus legal interest to be calculated from the date of receipt of the registered letter of request by the Contracting Officer to the date of actual payment, without any need for the Contracting Officer to take any legal action or obtain the prior consent of the Contractor, or for any other proof, action or decision by any other authority. The request by the Contracting Officer shall simply inform the Bank that the Contractor failed to comply with the terms and conditions of the contract, or did not fulfill his undertaking in whole or in part.

I/We agree and consent that said contract may be modified by change order or supplemental agreement affecting the amount or the period of performance of the contract without prior consent of the Bank and without affecting the validity of this guarantee; provided, however, that the amount of this guarantee shall remain unchanged.

This letter of performance guarantee will continue in effect without change in amount or terms until one year after the work has been finally accepted by the Government through its Contracting Officer’s legal representative.

(BANK NAME & ADDRESS) (CONTRACTOR NAME & ADDRESS)

Signed by: Signed by:

(Typed name) (Typed name) (Title) (Title)

(This Performance Guarantee shall be accompanied by a notarized document authenticating the bank agent’s authority to sign the letter of performance guarantee for the bank company.)

Optional Performance and Payment Bonds: In lieu of a performance guarantee, the offeror may submit Performance and Payment Bonds in which the offeror and the surety obligate themselves in the amount of one hundred percent (100%) of the contract price, that the offeror shall undertake the performance of the contract if it receives award, shall make all required payments to subcontractors, and that said Performance and Payment Bonds ensure the fulfillment of all agreements contained in the contract. To be considered for acceptability, the offeror(s) shall submit Performance and Payment Bonds that meet the following requirements:

(a) The bonds shall be furnished within 10 days after receipt of ACO transfer notice and shall each be in a penal sum equal to 100% of the contract price;

(b) The bonds shall be from a bank or other financial institution, either of which must first be approved by the Contracting Officer; and

(c) The bonds shall be of the U.S. standard type or of another type approved by the Contracting Officer and shall include the following concepts: (1) name of Surety and name of agent signing in behalf of Surety; (2) name of Principal; (3) a statement that the Principal and Surety are firmly bound on the United States of America in the penal sum of the bond; (4) Contract number; (5) Penal sum of bond and the statement "This bond will be in force until the Contracting Officer of the above-cited Contract authorized cancellation of the bond"; and (6) date of issuance of bond and signature of Surety's agent.

Contract Timing: Regardless of when performance and payment bonds or the Performance Guarantee and Performance Guarantee Letter are provided, the contract time for purposes of fixing the completion date, default, and liquidated damages shall begin to run 550 days from the notice to proceed.

(End of Summary of Changes)