Amendment_0005.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

N40085-19-R-9252 DESIGN-BUILD (DB) HURRICANE FLORENCE RECOVERY MILCON PACKAGE 2, HURRICANE FLORENCE RECOVERY HQ

FACILITIES AT MARINE CORPS BASE (MCB) CAMP LEJEUNE, NORTH CAROLINA

See SF30 Block 14 Continuation Page.

The proposal due date of 08 November 2019 remains unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 5

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

16C. DATE SIGNED

BY 05-Nov-2019

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 N4008519R9252

X 9B. DATED (SEE ITEM 11)

09-Oct-2019

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

05-Nov-2019

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:

N4008519R9252

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 0005

1. Provides PPI responses 22-38.

2. Revises the following in the RFP, Section 00 73 00 – Supplemental Language

- Removes references to “Consumption Tax Exemption Procedures on Purchase of Goods and Services by the United States Armed Forces in Japan”

- Removes references to “Minimum and Maximum Fees for A&E IDIQ Contracts”

SECTION 00 73 00 - SUPPLEMENTARY CONDITIONS

The following have been modified:

SUPPLEMENTAL LANGUAGE

In reference to ACQ POLICY FLASH: DELETION OF EIGHTEEN (18) NAVAL FACILITIES ACQUISITION STANDARD (NFAS) CLAUSES AND CHANGES TO NFAS SUBPARTS 1, 11, 15, 16, 28, 29, 36, 37, AND 52 – 02 August 2018

SUPPLEMENTAL NAVFAC LANGUAGE

36.5-101 Instructions for use – Construction

(a) Use the NAVFAC language, “AUTHORITY,” at NFAS 1.602-1-101 in all construction solicitations/contracts.

(b) Use the NAVFAC language, “PHASED CONSTRUCTION SCHEDULE” at NFAS 11.404-100 in construction solicitations/contracts that require use of a phased construction schedule. The NAVFAC language should be used in conjunction with FAR Clause 52.211-12, Liquidated Damages—Construction.

(c) Use the NAVFAC language, “ALL OR NONE OFFERS,” at NFAS 15.209-100 in construction solicitations where offers are solicited on an all or none basis.

(d) Use the NAVFAC language, “NOTICE OF BONDING REQUIREMENTS” at NFAS 28.102-3-100 in construction solicitations requiring bonds. The language should be used in conjunction with FAR Clause 52.228-15, Performance and Payment Bonds – Construction.

(f) Use the NAVFAC language, “UTILITIES FOR CONSTRUCTION AND TESTING”, at NFAS 36.5-100 in solicitations/contracts for construction, dismantling, demolition or removal of improvements when utilities are to be contractor-furnished. This language should be used in lieu of FAR 52.236-14 Availability and Use of Utility Services.

AUTHORITY

1. No person other than the Contracting Officer has authority to bind the Government with respect to this contract.

2. No action or omission of any government employee or representative other than the Contracting Officer shall increase or decrease the scope of this contract or shall otherwise modify the terms and conditions of this contract.

3. In no event shall any of the following be effective or binding on the Government or imputed to the Contracting Officer with respect to this contract:

(a) An understanding or agreement between the Contractor and anyone other than the Contracting Officer;

(b) A purported modification or change order issued by anyone other than the Contracting Officer;

(c) A promise by anyone other than the Contracting Officer to provide additional funding or make payments; or

(d) An order, direction, consent, or permission from anyone other than the Contracting Officer to:

(i) Incur costs in excess of a specified estimated cost, allotment of funds, or other ceiling; or

(ii) Expend hours in excess of a specified level of effort.

(End of NAVFAC language)

PHASED CONSTRUCTION SCHEDULE

Within the overall project schedule, commence and complete the work in phases. Complete each phase of the work within the number of calendar days stated in the following schedule:

a. Schedule start day: The day designated as the beginning of a particular phase; the number listed is the number of calendar days from the award of contract.

b. Completion day: The day designated as the end of a given phase and the day the work in that phase must be completed; the number listed is the number of calendar days from the award of the contract.

c. Schedule:

Phase Description Schedule Start Day Completion Day

A [________] [______] [________]

B [________] [______] [________]

C Completion of remaining [______] [________]

[Contracting Officer to insert start and completion day for each phase. The completion day of the last phase must be the same number as indicated in FAR 52.211-10, Commencement, Prosecution, and Completion of Work.]

d. If the work of a particular phase is complete and accepted before the scheduled completion day, immediately begin work on the subsequent phase unless otherwise restricted.

ALL OR NONE OFFERS

Offers are solicited on an “all or none” basis and FAR 52.215-1, INSTRUCTIONS TO OFFERORS- COMPETITIVE ACQUISITION in Section L, is hereby modified. Failure to submit offers for all line items listed shall be cause for rejection of the offer.

NOTICE OF BONDING REQUIREMENTS.

Within 10 days after receipt of award, the offeror to whom the award is made shall furnish the bonds required by FAR Clause 52.228-15.

Offerors are hereby notified that the contract time for purposes of fixing the completion date, default, and liquidated damages will be as stated in FAR Clause 52.211-10 Commencement, Prosecution, and Completion of Work, regardless of when performance and payment bonds or deposits in lieu of surety are executed.

(End of NAVFAC language)

UTILITIES FOR CONSTRUCTION AND TESTING

The Contractor shall be responsible for obtaining, either from available Government sources or local utility companies, all utilities required for construction and testing. The Contractor shall provide these utilities at his expense, paid for at the current utility rate delivered to the job site. The Contractor shall provide and maintain all temporary utility connections and distribution lines, and all meters required to measure the amount of each utility used.

36.609-100 Instructions for use – Architect-Engineer

(a) Use the NAVFAC language, “Authority,” at NFAS 1.602-1-101 in all architect-engineer solicitations/contracts.

(e) Use the NAVFAC language, “Drawings Prepared by and Architect-Engineer,” at NFAS 36.609-101 in all architect engineer solicitations/contracts to be performed outside the United States. The language should be included in Section H of solicitations using Uniform Contract Format (UCF) or in Division 00800 of solicitations using Construction Specifications Institute (CSI) format.

(f) Use the NAVFAC language, “Key Personnel,” at NFAS 36.609-102 in architect engineer solicitations/contracts when contractor personnel are key for performance and/or were a factor in the selection process. The language should be included in Section H of solicitations using Uniform Contract Format (UCF) or in Division 00800 of solicitations using Construction Specifications Institute (CSI) format.

PAYMENT INSTRUCTIONS

DFARS PGI Section 204.7108, Payment Instructions has been updated and provides a standard set of payment Instructions, in table format, that define how payments should be made based on the payment request type and the supply or service being acquired. The following link provides the table:

https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions

(End of Summary of Changes)

SOLICITATION NO. N40085‐19‐R‐9252

PROJECT TITLE/LOCATION: HFRM PACKAGE 2

PREAWARD INQUIRY FORM (TEMPLATE)

Page Section Para.

22 10/30/2019 AMD

In AM0003,Question #16 regarding whether or not the proposed DOR must have been the DOR on their presented experience projects in Factor 2, the Govt.’s response says “ As long as the proposed design project meets the defined Size, Scope, and Complexity requirements and is compliant with requirements of Factor 2; the proposed Designer(s) of Record does not have to have been the Designer of Record on a proposed project for it to be considered Relevant.”

• Our interpretation of this response is that if our proposed DOR presents an experience project in Factor 2 that meets all requirements, this project experience will be still be considered relevant and will be acceptable as long as the proposed DOR was a member of the Design Team for the project providing meaningful involvement, but not the lead Designer of Record. Please confirm that our interpretation is correct.

• As Question #16 and the Govt.’s response was only included in AM0003 for Pkg 2‐Camp Lejeune, please confirm that this response is applicable to all Hurricane Florence Recovery MILCON Packages as well and not just Pkg. 2 (i.e. Pkg 1‐Cherry Point, etc.)

Yes, that is correct.

23 10/31/2019 36 00 70 00 52.211‐18 The solicitation includes the clause 52.211‐18 Variation in Estimated Quantity which is required to be included when a fixed‐price construction contract is contemplated that authorizes a variation in the estimated quantity of unit‐priced items. However the pricing sheet does not include any CLINs which include estimated quantities or unit priced items. Will the Government delete this clause? No. Pricing Sheet will be included with the Amendment issuing Phase II.

Question No. Date Received REFERENCE QUESTION GOVERNMENT RESPONSE Posted on

Amend No.

July 2011

PREAWARD INQUIRY FORM (TEMPLATE)

Page Section Para.

Question No. Date Received QUESTION GOVERNMENT RESPONSE

Amend No.

24 10/31/2019 36 00 70 00 52.215‐10 and

52.215‐12 The solicitation incorporates FAR 52.215‐10 Price Reduction for Defective Certified Cost or Pricing Data and 52.215‐12 Subcontractor Certified Cost or Pricing Data ‐ however FAR 15.408(b) requires these clauses in solicitations and contracts when it is contemplated that certified cost or pricing data will be required from the contractor or any subcontractor. Since it is anticipated that this contract will be awarded based on adequate price competition, will the Government delete these clauses?

No. In the event that only one offer is received, FAR Clauses 52.215‐10 and 52.215‐12 will be applicable.

25 10/31/2019 25 and

00 45 00 and 00 70

52.215‐22 and 52.215‐23

The solicitation incorporates FAR 52.215‐23 Limitations on Pass‐Through Charges, however FAR 52.215‐23 is not to be included in solicitations when a firm‐fixed‐price contract is to be awarded on the basis of adequate price competition. Will the Government delete FAR 52.215‐22 AND 52.215‐23 from the solicitation?

In accordance with FAR 15.408(n)(2(ii), the Contracting Officer has determined that the clause is included in the RFP and subsequent award.

26 10/31/2019 36 00 70 00 52.219‐9 (Dev) The solicitation includes 52.219‐9 Small Business Subcontracting Plan Deviation 2018‐O0018 (AUG 2018);

however the deviation found on line is dated APR 2018.

Is the date in the RFP incorrect or is there an August 2018 Deviation?

Deviation 2018‐O0018 (AUG 2018) is dated Aug 2018. This deviation replaces the previous deviation (2018‐ O0013) dated APR 2018.

27 10/31/2019 36 00 70 00 52.219‐9 (ALT

iv)(dev)

The solicitation includes 52.219‐9 Small Business Subcontracting Plan Deviation 2019‐00005)(JAN 20109) (ALT IV), However Alt IV is to be used when a subcontracting plan is being incorporated via a contract modification. Will the Government delete this Alt IV version of 52.219‐9?

No. Depending on the approval timefrrame of the Small Business Subcontracting Plan, it may be incorporated into the contract via modification.

PREAWARD INQUIRY FORM (TEMPLATE)

Page Section Para.

Question No. Date Received QUESTION GOVERNMENT RESPONSE

Amend No.

28 10/31/2019 25 00 45 00 52.223‐4 The solicitation includes FAR 52.223‐4 Recovered

Material Certification which requires that the offeror certifies “that the percentage of recovered materials content for EPA‐designated items to be delivered or used in the performance of the contract will be at least the amount required by the applicable contract specifications or other contractual requirements.” What is the percentage required by the applicable contract specifications or other contractual requirements?

This will be provided in Phase II.

29 10/31/2019 38 00 70 00 52.244‐5 The Solicitation includes FAR 52.244‐5 Competition in Subcontracting, however FAR 44.204(c) states that this clause shall be included unless a firm fixed price awarded on the basis of adequate price competition is contemplated. Since this award is expected to be FFP based on adequate price competition, will the Government delete this clause?

No. In the event that only one offer is received, FAR Clause 52.244‐5 will be applicable.

30 10/31/2019 38 00 70 00 52.247‐34 Page 38 – The solicitation includes FAR 52.247‐34 F.O.B.

Destination (NOV 1991); however this clause is applicable to contracts for the Government’s acquisition of supplies. Since this contract is for performance of construction services and not for the delivery of supplies, will the Government delete this clause?

The clause will remain in the RFP/contract.

31 10/31/2019 38 00 70 00 252.215‐7002 The solicitation incorporates by reference DFARS 252.215‐ 7002 Cost Estimating System Requirements, however DFARS 215.408(2) requires that this clause be included in all solicitations and contracts to be awarded on the basis of certified cost or pricing data. Since this award will be based on adequate price competition, will the Government delete DFARS 252.215‐7002 from the solicitation?

No. In the event that only one offer is received, DFARS Clause 252.215‐7002 will be applicable.

PREAWARD INQUIRY FORM (TEMPLATE)

Page Section Para.

Question No. Date Received QUESTION GOVERNMENT RESPONSE

Amend No.

32 10/31/2019 50 00 73 00 The solicitation includes "Consumption Tax Exemption

Procedures on Purchase of Goods and Services by the United States Armed Forces in Japan" which is required for construction contracts in Japan. Will the Government delete this clause from the solicitation?

This clause will be removed from the solicitation.

33 10/31/2019 51 00 73 00 The solicitation includes TWO paragraphs titled "minimum and Maximum Fees" which are required for A/E IDIQ contracts. Since this is not an A/E IDIQ contract, will the Government delete these clauses? These clauses will be removed from the solicitation.

34 10/31/2019 13 1 1 N4008519R9252, page 13 of 59 states that, “The offeror shall submit one (1) original, marked “Original”, and eight (8) copies, marked “Copy”…”. However block 13 of the SF1442 directs offerors to provide “Sealed offers in original and 9 copies”. Would the Government please clarify the number of hard copies required?

See Amendment 0004

35 10/31/2019 13 1 1 Would the Government please consider amending the solicitation to request submission of proposals either via email or via the AMRDEC or SAFE.ARL system in order to facilitate streamlined submission/receipt of proposals while eliminating risk of shipment exceptions and the need for transfer from the mailroom to the final recipients?

No. Propose per the RFP.

36 10/31/2019 Solicitation Instruction ‐

Considering the magnitude of the RFP/Project, we respectfully requests for 1 week extension in order to turn in a more competitive offer. No extension will be provided at this time.

PREAWARD INQUIRY FORM (TEMPLATE)

Page Section Para.

Question No. Date Received QUESTION GOVERNMENT RESPONSE

Amend No.

37 10/29/2019 14 of

3.2.b.(1 Factor 1, (i), (1)

1 Please confirm that the “Contractor team arrangement”, defined by FAR Subpart 9.6 as two or more companies form a partnership or joint venture to act as a potential prime contractor, does not need to be registered with the System for Award Management (SAM) prior to the Phase 1 submission, as long as the individual firms comprising the offeror are registered in SAM and a signed agreement between the parties is submitted with the Phase 1 submission?

Confirmed.

38 11/4/2019 N/A N/A N/A We request that the proposal due date be extended following Amendment 0004 that requires a signed statement from the Surety for a minimum bonding capacity for a single award of $250,000,000. No extension will be provided at this time.