Amendment_0001.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

SOLICITATION NO. N4008420R0073, INDEFINITE DELIVERY/INDEFINITE QUANTITY (IDIQ) DESIGN-BUILD (DB)/DESIGN-BID-BUILD MULTIPLE AWARD CONSTRUCTION CONTRACT (MACC) FOR VARIOUS U.S. GOVERNMENT INSTALLATIONS AT OKINAWA PREFECTURE, JAPAN

(BIG MACC)

CONTINUED ON PAGE 2

1. CONTRACT ID CODE PAGE OF PAGES

1 7

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

16C. DATE SIGNED

BY 26-Aug-2020

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 N4008420R0073

X 9B. DATED (SEE ITEM 11)

06-Aug-2020

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 X is extended, 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 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 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

26-Aug-2020

CODE

NAVFAC FAR EAST

CORE EXECUTION TEAM

PSC 473 BOX 13

FPO AP 96349-0013

N40084 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N4008420R0073

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE (SF 30)

The following have been added by full text:

AMENDMENT 0001

A. In accordance with FAR 52.252-3 Alterations in Solicitation (APR 1984), portions of this solicitation are altered as follows:

1. Revise Standard Form 1442 Section 01 00 00 General Requirements, Part II Task Order Issuance

Procedures, Paragraph B.1. The requirement for a MACC Contractor to notify the Contracting Officer within two (2) days if it does not intend to submit a proposal has been changed to three (3) days.

2. Delete the following sections of Okinawa MACC Specifications in its entirety and replace with updated sections as provided in Enclosure (1):

a. Section 01 14 00.05 20 Work Restrictions for Design-Build / Design-Bid-Build

b. Section 01 20 00.00 20 Price and Payment Procedures

c. Section 01 32 17.00 20 Cost-Loaded Network Analysis Schedules (NAS)

d. Section 01 45 00.05 20 Design and Construction Quality Control

B. A virtual site visit will be offered for this project to limit the spread of COVID-19/Coronavirus. Photos and video of the site visit will be available upon request via DoD Secure Access File Exchange. Requests for access must be submitted no later than 03 September 2020 to Ms. Rosario Hocog at rosario.hocog@fe.navy.mil.

Include company name, individual name and email address of interested party with your request.

C. Notice 1 is provided in response to pre-proposal inquiries and is provided as Enclosure (2). Notice 1 is provided for INFORMATION ONLY. The solicitation remains unchanged unless it is amended in writing.

D. The proposal due date has been extended from 08 September 2020, 02:30 PM, Japan Standard Time to 22 September 2020, 02:30 P.M. Japan Standard Time.

E. Offerors shall acknowledge this amendment in Block 19 of the Standard Form 1442 with their proposals.

SECTION 00 10 00 - SOLICITATION

The required response date/time has changed from 08-Sep-2020 02:30 PM to 22-Sep-2020 02:30 PM.

SECTION 01 00 00 - GENERAL REQUIREMENTS

The following have been modified:

GENERAL REQUIREMENTS

I. CONTRACT TYPE/PERFORMANCE

A. GENERAL OVERVIEW OF MULTIPLE AWARD CONSTRUCTION CONTRACT (MACC)

A MACC is a contract awarded from a single solicitation, and may result in award to multiple Contractors.

This procurement consists of one (1) solicitation with the intent to award up to eight (8) Indefinite Delivery/Indefinite Quantity (IDIQ) type construction contracts to the Offerors submitting the proposals determined to represent the best value – the proposals most advantageous to the Government, cost/price and other factors considered. Successful Offerors will compete for future work during the term of the contract.

B. CONTRACT TYPE

This is an IDIQ contract with no pre-established fixed contract prices. The actual amount of work to be performed and the time of such performance will be determined by a Contracting Officer, who will issue written Task Orders to the Contractor. Award of Task Orders will be on a firm-fixed-price basis. This is not a requirements contract.

C. DESCRIPTION OF WORK

The work to be acquired under this MACC is for the design and construction of new construction, renovation/modernization, and routine repair/maintenance projects at various U.S. Government installations at Okinawa Prefecture, Japan. The proposed scope of work will be specified in each Task Order and may include, but is not limited to, office renovation, building demolition, built-in equipment repair/replacement, piping repair/replacement, pipe lagging, electrical work, mechanical work, road pavement, fencing, roofing, painting, site work, removal and disposal of lead based paint and asbestos containing material, welding, and masonry in the Okinawa operational area. The work shall include all labor, management, supervision, tools, materials, equipment, incidental engineering, and transportation necessary to complete the scope of work for the project. Work may be ordered in other areas throughout NAVFAC Far East’s area of responsibility in Japan, if deemed necessary and approved by the Contracting Officer for the MACC at NAVFAC Far East, Camp Butler.

D. CONTRACT DURATION, LIMITS, AND AMOUNTS

Term of contract: Each of the resulting contracts will have an ordering period of eight (8) years.

Amounts: The Not-to-Exceed (NTE) amount for all the MACC contract awards combined is $245,000,000; it is not the maximum value of each individual MACC contract. The NTE capacity for the contract will be tracked using the U.S. dollar obligated amount of Task Orders and modifications at the time of execution.

Task Order Limitations: Task Orders will range between ¥50,000,000 to ¥2,500,000,000 but may be other amounts by mutual agreement of the Government and Contractor.

Minimum Guarantee: The Government makes no representation as to the number of Task Orders or actual amount of work to be ordered. The best value Offeror will receive award of the seed project, which will serve as the contract minimum guarantee. The remaining successful Offerors will each receive a minimum guarantee of ¥1,000,000 Japanese Yen (JPY) for the life of the contract. Contractors are not guaranteed work in excess of the minimum guarantee specified herein.

The Contracting Officer will issue a unilateral no-cost cancellation for the minimum guarantee Task Order if/when the MACC Contractor receives a Task Order that is equal to or exceeds the amount of the minimum guarantee. Any MACC Contractor that has not received a Task Order that is equal to or exceeds the amount of the minimum guarantee will submit an invoice at the conclusion of the ordering period, or sooner if directed by the Contracting Officer, in order to receive payment for the minimum guarantee.

E. PERFORMANCE PERIOD

The work shall commence within fifteen (15) days after award of the base period.

FAR Clause 52.211-10, Commencement, Prosecution, and Completion of Work, will be incorporated into each Task Order identifying the construction schedule. The Government reserves the right to negotiate a Task Order’s performance period if determined to be in the best interest of the Government.

F. PLACE OF PERFORMANCE

The place(s) of performance will be specified on each individual Task Order. Work will be ordered primarily for U.S. Government Installations in Okinawa Prefecture, Japan but may be ordered in other areas throughout NAVFAC Far East’s area if responsibility in Japan, if deemed necessary and approved by the Contracting Officer at NAVFAC Far East, Camp Butler.

G. REQUIRED INSURANCE

Within fifteen (15) days after award of this contract, the Contractor(s) shall furnish the Administrative

Contracting Officer a Certificate of Insurance as evidence of the existence of the following insurance coverage amounts not less than the amount specified below in accordance with FAR Clause 52.228-5, Insurance – Work on a Government Installation.

COVERAGE:

Comprehensive General Liability: ¥100,000,000 JPY per occurrence Automobile Liability: ¥40,000,000 JPY per person, ¥100,000,000 JPY per occurrence for bodily injury; ¥4,000,000 JPY per occurrence for property damage Workmen’s Compensation: As required by Japanese worker’s compensation and occupational disease statutes or by U.S. Federal and State worker’s compensation and occupational disease laws.

Employer’s Liability Coverage: ¥10,000,000 JPY, except where worker’s compensation may not be written by private carriers Others as required by Japanese law.

The Certificate of Insurance shall provide for thirty (30) days written notice to the Contracting Officer by the insurance company prior to cancellation or material change in policy coverage. Other requirements and information are contained in the aforementioned "Insurance" clause.

II. TASK ORDER ISSUANCE PROCEDURES

A. GENERAL

1. When the Government requires work under the contract, a Task Order Request for Proposal (RFP) will be issued. Task Order RFPs will normally be issued electronically by email but may be placed via mail, telephone, facsimile or other electronic means.

2. Task Order RFPs will clearly define the specific services to be performed or the performance desired and the specific completion date or performance period. Task Order projects may include Design-Build or Design-Bid- Build projects; may be non-complex performance oriented tasks requiring minimal design, may be complex construction requiring design development for design-build construction, or a combination thereof. Projects will be vary in size and complexity.

3. The Government intends to conduct site visits, when appropriate, for each Task Order RFP. The Task

Order RFP will specify the time(s), date(s), location(s), base access requirements, and any additional Personnel Protection Equipment (PPE) requirements. The Government does not intend to provide any transportation for any site visit. Participants at any site visit are required to wear Personnel Protection Equipment (PPE) such as Hard Hat, Safety Shoes and Reflective Vest. It is the sole responsibility of each attendee to wear any Personal Protection Equipment (PPE) in accordance with the latest EM 385-1-1 (Safety and Health Requirements Manual) appropriate for the site visit. The Government will not provide any PPE for persons attending the site visit. If proper PPE is not used, the individual may not be allowed to participate in the site visit to the full extent.

4. The Government expects MACC Contractors to submit Pre-proposal Inquiries (PPI) to clarify information and answer any questions they have concerning the Task Order RFP in accordance with Task Order RFP instructions. The Government expects MACC Contractors to ask follow-up PPIs if they do not understand the Government response or require additional information.

5. The Government intends to include the Exchange Rate utilized for the administrative convenience of the

U.S. Government in each Task Order RFP. This Exchange Rate will be used for calculating the U.S. Dollar amount for the Magnitude of Construction in accordance with FAR 36.204 and DFARS 236.204 and expressing the U.S.

Dollar price of Task Orders for the administrative convenience of the U.S. Government. The U.S. Dollar price of Task Orders will be applied to all acquisition thresholds such as, but not limited, to Performance Bonds. This Exchange Rate is subject to revision at any time. The Government may issue an amendment to the Task Order RFP if, as determined by the Contracting Officer, the Exchange Rate revision causes a clear change to the requirement to submit Performance Bonds.

6. Bid Guarantees and Payment Bonds, if required, will be specified on each Task Order RFP and any resultant Task Order. In addition to those firms appearing on Treasury 570, corporations executing bid and performance bonds as sureties will be considered acceptable if they have received official approval to do so from the Ministry of Finance, Government of Japan, notwithstanding any requirement stated elsewhere that such corporations be approved by the U.S. Department of Treasury. Guarantees by Japanese banks executed on will also be accepted where authorized under Japanese banking laws. Individual sureties will only be permitted where the Offeror proposing an individual to act as surety complies with FAR 52.228-11 herein and the Government, in its discretion, determines the individual surety to be acceptable for purposes of this procurement. Japanese sureties (whether corporations, banks or individuals) are requested to register with NAVFAC Far East prior to issuing any bond. Refer to FAR 52.228-1 for Government acceptable forms of firm commitments.

7. The Liquidated Damages rate(s) will be specified in each Task Order RFP and any resultant Task Order.

B. PROPOSAL SUBMITTAL

1. The Government highly encourages each MACC Contractor to submit a proposal for all Task Order RFPs;

however, it is not mandatory. If a MACC Contractor does not intend to submit a proposal in response to a Task Order RFP, the MACC Contractor shall notify the Contracting Officer in writing, within three (3) days of receiving the Task Order RFP. The notification shall state that the Offeror is not submitting a proposal for the specific Task Order RFP and provide a brief explanation as to why the Offeror is not submitting a proposal.

2. Proposals must be submitted in Japanese Yen. However, the price of any resultant Task Order will also be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Japanese Yen.

3. A competitive Task Order RFP will typically require only a single lump sum. However, a competitive Task

Order RFP may also require, but is not limited to a total price comprised of lump sum prices for multiple Contract Line Item Numbers (CLINs), one or more CLINs with multiple Sub-Line Item Numbers (SLINs), unit prices for a specified quantity that results in an extended price, or any combination thereof.

4. As part of the proposal submission requirements, the MACC Contractor may be requested to provide the quotations the MACC Contractor received in support of material, equipment, and/or any subcontractor costs.

5. Oral presentation may be used to substitute for, or augment, written information and subject to the same restrictions as written information.

6. The costs for preparation and submission of proposals in response to a Task Order RFP shall be the responsibility of the Contractor and are not directly reimbursable.

C. COMPETITION

1. Competition for issuance of Task Orders is limited to those awardees under this MACC contract.

2. The Government intends to solicit each Task Order RFP on a competitive basis and award each Task Order to the Offeror whose offer is the most advantageous to the Government considering the criteria specified in the Task Order RFP.

3. The Government reserves the right to award Task Orders without competition in accordance with FAR 16.505(b)(2) when determined to be in the Government’s best interests by the Contracting Officer.

D. BASIS FOR TASK ORDER AWARD AND EVALUATION

1. Task Orders may be awarded on the basis of: Price Only; Lowest Price Technically Acceptable (LPTA) source selection process; or Price and Non-Cost/Price Evaluation Factors Combined, also known as the Trade-Off process.

2. The basis for award will be stated in the Task Order RFP. At a minimum, Price shall be evaluated on all Task Order RFPs. In addition, the Contracting Officer may consider past performance on earlier orders under the contract, including quality, timeliness, and cost control; and potential impact on other task orders placed with the Contractor. Other factors may be considered as specified in the Task Order RFP including: Experience; Safety;

Technical Solution; Energy Design Reduction; etc.

3. In case of a discrepancy between the CLIN(s) price and the total price, the CLIN(s) price will be presumed to be correct and the total price will be recalculated accordingly; in case of a discrepancy between the SLIN(s) prices and the price for the CLIN, the SLIN(s) price will be presumed to be correct and the CLIN price will be recalculated accordingly; in case of a discrepancy between a unit price and an extended price, the unit price will be presumed to be correct and the extended price will be recalculated accordingly; subject, however, to correction to the same extent and in the same manner as any other mistake.

4. The Contracting Officer reserves the right to request or require a detailed cost or price breakdown of labor, materials, equipment, overheads, and profit at any time including with the submission of initial offers.

5. The Government intends to evaluate and award Task Orders without discussions (except clarifications as described in FAR 15.306(a)), unless the Contracting Officer later determines them to be necessary.

E. TASK ORDER ISSUANCE PROCEDURES

1. The Contractor shall not perform, deliver, or otherwise incur costs until they receive a Task Order issued by the Contracting Officer.

2. The Government intends to issue only written Task Orders on DD Form 1155 (Order for Supplies or

Services). Awarded Task Orders will be assigned a system-generated number consisting of 13 digits. However, the Government does reserve the right to issue Task Orders orally in extenuating circumstances. The Contracting Officer is the only individual authorized to issue oral Task Orders. All orally issued Task Orders will be sent to the Contractor by email from the Contracting Officer and/or written letter signed by the Contracting Officer. All orally issued Task Orders will be confirmed by issuance of a written Task Order as soon as practical after issuance of the oral Task order.

3. In accordance with FAR 16.505(a)(10), no protest under Subpart 33.1 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 contract; or a protest of an order valued in excess of $25 million. Protests of orders in excess of $25 million may only be filed with the Government Accountability Office, in accordance with the procedures at FAR 33.104.

F. TASK ORDER ADMINISTRATION

1. The Administrative Contracting Office (ACO) shall be responsible for issuing and awarding individual Task Orders. These individuals may include Contracting Officers located, or responsible for that specific location, where the work is to be accomplished. These individuals shall possess the authority to act on behalf of the Government with respect to the specific Task Order. All day-to-day construction contract administration will be the responsibility of the designated ACO.

2. All Task Orders are subject to the terms and conditions of the base MACC contract. In the event of conflict between a Task Order and this contract, the Task Order will take precedence, except as otherwise noted in the contract documents. The Government will incorporate additional provisions, clauses, and instructions, as appropriate, into individual Task Order RFPs and resultant Task Orders.

3. Modifications to Task Orders will be issued on a Standard Form (SF) 30 signed by the Contracting Officer.

The Contracting Officer is the only individual authorized to change the terms and conditions of the Task Order.

(End of Summary of Changes)