0002.pdf

ACQR5632652

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

This Amendment is issued to :

1. REVISE SF 1442 - Block A to read "ORIGINAL AND FOUR (4) COPIES"

2. REVISE Page 9 - Font size of 10 PT FONT in lieu of 12 PT FONT

3. Revise Factor 2, Experience to allow offers to include ONE renovation project w ithin the 3-5 projects submitted.

4. UPDATE various clauses.

PROPOSAL DUE DATE REMAINS 10 MARCH 2020.

See Continuation Page

1. CONTRACT ID CODE PAGE OF PAGES

1 9

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

16C. DATE SIGNED

BY 19-Feb-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 N4008519R9147

X 9B. DATED (SEE ITEM 11)

07-Feb-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 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 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

18-Feb-2020

CODE

NAVFAC MID ATLANTIC

ACQUISITION CORE

9324 VIRGINIA AVENUE

NORFOLK VA 23511-3095

N40085 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N4008519R9147

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:

REVISE FACTOR 2

AMENDMENT 0002

REVISE Factor 2 – EXPERIENCE as follows: (Revisions are highlighted for clarity)

DELETE :

(a) Solicitation Submittal Requirements:

The Offeror shall submit the following information:

(1) Construction Experience:

Submit a minimum of three (3) up to a maximum of five (5) relevant construction projects for the Offeror that best demonstrates your experience on relevant Building projects that are similar in size, scope, and complexity to the RFP. For purposes of this evaluation, a relevant project is further defined as:

Size/Scope/Complexity: New Construction of a single facility that is 50,000 square feet or greater for a Headquarters Building, Administrative Building , Operational Building, or Academic Building.

- Renovation projects will not be considered relevant.

- At least one relevant building meeting the above Size/Scope/Complexity requirements must be a Headquarters Building or Administrative Building.

- At least one project meeting the Size/Scope/Complexity requirements shall have a final construction cost of $100,000,000 or greater. This project may include a single building or multiple buildings, as long as one of the buildings in the project meets the Size/Scope/Complexity requirements.

Note: Additions comprised of a new footprint will only be considered New Construction for the purposes of this evaluation if the new footprint meets the above Size/Scope/Complexity.

Note: For the purpose of this evaluation, a “facility” is considered to be a single building; a facility is not a compound, complex, installation, or campus. Square Footage must be specifically provided per relevant facility. A total square footage of a compound, complex, campus, installation or a building containing multiple facility types is not sufficient and will be considered Not Relevant.

REPLACE with:

(a) Solicitation Submittal Requirements:

The Offeror shall submit the following information:

(1) Construction Experience:

Submit a minimum of three (3) up to a maximum of five (5) relevant construction projects for the Offeror that best demonstrates your experience on relevant Building projects that are similar in size, scope, and complexity to the RFP. For purposes of this evaluation, a relevant project is further defined as:

Size/Scope/Complexity: New Construction of a single facility that is 50,000 square feet or greater for a Headquarters Building, Administrative Building , Operational Building, or Academic Building.

- At least one relevant building meeting the above Size/Scope/Complexity requirements must be a Headquarters Building or Administrative Building.

- The offeror may submit a maximum of one relevant Renovation project that meets the above Size/Scope/Complexity requirements in lieu of one New Construction project. Any proposed Renovation project will be counted towards the minimum of three (3) up to a maximum of five (5) projects as described above.

- At least one relevant New Construction project meeting the Size/Scope/Complexity requirements shall have a final construction cost of $100,000,000 or greater. This project may include a single building or multiple buildings, as long as one of the buildings in the project meets the Size/Scope/Complexity requirements. Any submitted Renovation project will not count towards this requirement.

Note: Additions comprised of a new footprint will only be considered New Construction for the purposes of this evaluation if the new footprint meets the above Size/Scope/Complexity.

Note: For the purpose of this evaluation, a “facility” is considered to be a single building; a facility is not a compound, complex, installation, or campus. Square Footage must be specifically provided per relevant facility. A total square footage of a compound, complex, campus, installation or a building containing multiple facility types is

(2) DESIGN EXPERIENCE

DELETE:

Submit a minimum of three (3) up to a maximum of five (5) relevant design projects for the Designer(s) of Record that best demonstrates your experience on relevant projects that are similar in size, scope, and complexity to the RFP. For purposes of this evaluation, a relevant project is further defined as:

Size/Scope/Complexity: Design of a single building that is 50,000 square feet or greater for a Headquarters Facility, Administrative Facility, Operational Facility, or Academic Facility.

- Renovation projects will not be considered relevant.

- At least one relevant building meeting the above Size/Scope/Complexity requirements must be a Headquarters Building or Administrative Building.

Note: Additions comprised of a new footprint will only be considered New Construction for the purposes of this evaluation if the new footprint meets the above Size/Scope/Complexity.

Note: For the purpose of this evaluation, a “facility” is considered to be a single building; a facility is not a compound, complex, installation, or campus. Square Footage must be specifically provided per relevant facility. A total square footage of a compound, complex, campus, installation or a building containing multiple facility types is

Projects submitted shall be completed within the past ten (10) years of the date of issuance of this RFP. For design-build projects, the design portion of the contract shall have been completed within the past ten (10) years of the date of issuance of this RFP. The design completion date shall be clearly stated on the Construction & Design Experience Project Data sheet under Block 4 next to “Design Completion Date.” Projects completed outside of this time window will be considered Not Relevant.

REPLACE WITH:

Submit a minimum of three (3) up to a maximum of five (5) relevant design projects for the Designer(s) of Record that best demonstrates your experience on relevant projects that are similar in size, scope, and complexity to the RFP. For purposes of this evaluation, a relevant project is further defined as:

Size/Scope/Complexity: Design of New Construction of a single facility that is 50,000 square feet or greater for a Headquarters Building, Administrative Building , Operational Building, or Academic Building.

- At least one relevant building meeting the above Size/Scope/Complexity requirements must be a Headquarters Building or Administrative Building.

- The offeror may submit a maximum of one relevant Renovation design project that meets the above Size/Scope/Complexity requirements in lieu of one New Construction project. Any proposed Renovation project will be counted towards the minimum of three (3) up to a maximum of five (5) projects as described above.

- At least one relevant New Construction project meeting the Size/Scope/Complexity requirements shall have a final construction cost of $100,000,000 or greater. This project may include a single building or multiple buildings, as long as one of the buildings in the project meets the Size/Scope/Complexity requirements. Any submitted Renovation project will not count towards this requirement.

Note: Additions comprised of a new footprint will only be considered New Construction for the purposes of this evaluation if the new footprint meets the above Size/Scope/Complexity.

Note: For the purpose of this evaluation, a “facility” is considered to be a single building; a facility is not a compound, complex, installation, or campus. Square Footage must be specifically provided per relevant facility. A total square footage of a compound, complex, campus, installation or a building containing multiple facility types is not sufficient and will be considered Not Relevant.

Projects submitted shall be completed within the past ten (10) years of the date of issuance of this RFP. For design-build projects, the design portion of the contract shall have been completed within the past ten (10) years of the date of issuance of this RFP. The design completion date shall be clearly stated on the Construction & Design Experience Project Data sheet under Block 4 next to “Design Completion Date.” Projects completed outside of this time window will be considered Not Relevant.

SECTION 00 72 00 - GENERAL CONDITIONS

The following have been added by full text:

52.225-11 BUY AMERICAN--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (OCT

2019)

(a) Definitions. As used in this clause--

Caribbean Basin country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4)such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);

(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St.

Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

Designated country construction material means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.

Domestic construction material means--

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if--

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

Foreign construction material means a construction material other than a domestic construction material.

Least developed country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

“Free Trade Agreement country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.

“Least developed country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

United States means the 50 States, the District of Columbia, and outlying areas.

WTO GPA country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American restrictions are waived for designated country construction materials.

(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

[Contracting Officer to list applicable excepted materials or indicate ``none'']

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that--

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the restrictions of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars) \1\ Item 1:

Foreign construction material Domestic construction material Item 2:

Foreign construction material Domestic construction material \1\ Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

(End of clause)

The following have been deleted:

52.225-11 Buy American--Construction Materials Under Trade

Agreements

OCT 2016

(End of Summary of Changes)