N62470-20-R-4007 Amendment 5.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

P-759 FAMILY HOUSING NEW CONSTRUCTION VILLAGGIO SW & CAMP EDERLE NORTH - VICENZA, ITALY (Phase 1)

The proposal due date is December 17, 2020 @ 1500 (EST) and remains unchanged.

PLEASE SEE SF-30 BLOCK 14 CONTINUATION PAGE

1. CONTRACT ID CODE PAGE OF PAGES

J 1 10

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

16C. DATE SIGNED

BY 08-Dec-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 N6247020R4007

X 9B. DATED (SEE ITEM 11)

26-Oct-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 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

08-Dec-2020

CODE

COMMANDER NAVFAC ATLANTIC

6506 HAMPTON BLVD

NORFOLK VA 23508-1278

N62470 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N6247020R4007

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 5

The purpose of this amendment is for the following items:

1. Responses to Pre-Proposal Inquiries (PPI’s)

2. Solicitation Revisions

3. Specification Revisions

4. Clause Revisions

1. Responses to Pre-Proposal Inquiries (PPI’s)

Question No.

REFERENCE QUESTION GOVERNMENT RESPONSE

Page Section Para.

1 16 F1 corporate experience

The solicitation states "For purposes of this evaluation, a relevant project is further defined as a project including new vertical construction of multi-story (minimum 3-stories above ground level) residential or commercial facilities to include multi-unit housing, barracks, dormitories, apartments, hospitals, or mixed-use buildings", we would like to receive a confirmation that hotels are also considered as relevant.

PLEASE SEE

AMENDMENT BELOW.

2 16 F1 corporate experience

With reference to the same above passage, we would like to ask whether "minimum 3-stories above ground level" means ground floor + 3 floors in elevation or 3 floors overall (not including the basement or other underground floors)

3 16 F1 corporate experience

With reference to the same above passage, we would like to ask what is meant by a "commercial facility" and how can we compare it to the sleeping units parameter mentioned in the solicitation.

4 16 F1 corporate experience

With reference to this passage "For purpose of this evaluation, “sleeping units” are defined as at least one (1) bedroom with one (1) attached bathroom" we would like to get a confirmation that one apartment or housing unit can host several sleeping units, i.e. one apartment with two bedrooms and two bathrooms counts as 2 sleeping units.

2. Solicitation Revisions:

CURRENT:

Box 11. The Contractor shall begin performance within ___15___ calendar days and complete it within ___750___ calendar days after receiving award, X notice to proceed.

REVISED TO:

Box 11. The Contractor shall begin performance within ___15___ calendar days and complete it within ___800___ calendar days after receiving award, X notice to proceed.

CURRENT:

1.1.5 The contract completion time for P759 is 750 days from Notice to Proceed.

REVISED TO:

The contract completion time for P759 is 800 days from Notice to Proceed.

CURRENT:

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 750 days from the notice to proceed.

REVISED TO:

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 800 days from the notice to proceed.

(1) Factor 1, Corporate Experience:

(i) Solicitation Submittal Requirements:

The Offeror shall submit the following information:

Submit a minimum of two (2) and maximum of five (5) construction projects for the offeror that best demonstrate 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 a project including new vertical construction of multi-story (minimum 3-stories above ground level) residential or commercial facilities to include multi-unit housing, barracks, dormitories, apartments, hospitals, or mixed-use buildings; with at least thirty (30) sleeping units (across all buildings) in each project; and with a value equal to or exceeding $15,000,000 (or the equivalent foreign currency), however, offerors shall provide the value in US dollars as of the day of project award. RENOVATION of existing facilities shall not be submitted and will NOT be considered relevant. Submitted projects that include expansion of an existing facility footprint must clearly demonstrate a $15,000,000 construction value of the expansion and include thirty (30) sleeping units within that footprint expansion. For purpose of this evaluation, “sleeping units” are defined as at least one (1) bedroom with one (1) attached bathroom.

Projects submitted by the Offeror shall have been completed within the past ten (10) years from the date of issuance of this request for proposal (RFP). To ensure a project is considered “complete”, the documentation should demonstrate final delivery to the client.

A project is defined as a new construction (not renovation) project performed under a single task order or standalone contract. For multiple award and indefinite delivery/indefinite quantity type contracts, the contract as a whole shall not be submitted as a project; rather Offerors shall submit the work performed under a task order as a project.

The attached Construction Experience Project Data Sheet (Attachment C) is MANDATORY and SHALL be used to submit project information to demonstrate construction experience. Except as specifically requested, the Government will not consider information submitted in addition to this form. Individual blocks on this form must be completed and may be expanded; however, total length for each project data sheet shall not exceed one (1) double-sided page (or two (2) single-sided pages). DUNS numbers for the entity that performed the project shall be noted for the construction projects.

For all submitted projects, the description of the project shall clearly describe the scope of work performed and the relevancy to the project requirements of this RFP (i.e.: unique features, area, construction methods). The offeror must provide the construction cost of the example project in U.S. dollars. In addition, the description should also address any sustainable features for the project, including specific descriptions of those features. Provide applicable documentation on projects that were validated and/or certified through U.S. Green Building Council (USGBC) or the equivalent organization or process.

If projects were performed on constrained project sites, which required coordination between one or more of the following: multiple construction projects, multiple construction contractors, and/or multiple-phased construction programs; then offerors must briefly describe the coordination efforts (traffic management, site access, maintaining utility service to existing users, etc.) that were required between the multiple projects and/or contractors.

If the Offeror is a Joint Venture (JV), relevant project experience should be submitted for projects completed by the Joint Venture entity. If the Joint Venture does not have shared relevant experience, at least one (1) project should be submitted for each of the joint venture members. Projects may be submitted for any joint venture partner; however, offerors who fail to submit experience for each joint venture partner may be rated lower. Offerors are still limited to a total of five (5) projects combined.

JV offerors shall provide with their proposal a notarized legal document that establishes the JV.

If an Offeror is utilizing experience information of affiliates/subsidiaries/parent/LLC/LTD member companies (name is not exactly as stated on the SF1442), the proposal shall clearly demonstrate that the affiliate/subsidiary/parent/LLC/LTD member firm will have meaningful involvement in the performance of the contract.

The Offeror may utilize experience of a subcontractor that will perform major or critical aspects of the requirement to demonstrate construction experience under this evaluation factor. The Offeror must provide a signed letter of commitment from the subcontractor and an explanation of the meaningful involvement that the subcontractor will have in performance of this contract. Substitution of subcontractor(s) shall be avoided to the maximum extent possible, and any proposed substitutions shall have verifiable, equivalent experience to the subcontractor being replaced.

(ii) Basis of Evaluation:

The basis of evaluation will include the Offeror’s demonstrated experience and depth of experience in performing relevant construction projects as defined in the solicitation submittal requirements. The assessment of the Offeror’s relevant experience will be used as a means of evaluating the capability of the Offeror to successfully meet the requirements of the RFP. The Government will only review five (5) projects for construction. If more than the maximum number of projects is submitted, the Government will evaluate projects in order of submission up to the maximum number and will not evaluate projects beyond the maximum number specified in the submission requirements.

The Offeror may be considered more favorably by providing relevant projects that include the following:

Experience with Multi-Unit Housing or apartments for use by families.

Experience constructing facilities with a ventilated rendered rainscreen system similar to the system required by the RFP.

Experience with facilities requiring LEED certification and compliance.

Experience in the geographic area of Italy where project is located.

Experience performed for the United States Department of Defense.

Experience performed as a prime contractor versus a subcontractor.

Experience self-performing relevant features of work.

Experience on constrained project sites, which required coordination between one or more of the following: multiple construction projects, multiple construction contractors, and/or multiple-phased construction programs.

More weight may be given to the Offeror’s projects than those submitted for subcontractors or for affiliates/subsidiaries/parent/LLC/LTD member companies.

REVISED TO:

(1) Factor 1, Corporate Experience:

(iii) Solicitation Submittal Requirements:

The Offeror shall submit the following information:

Submit a minimum of two (2) and maximum of five (5) construction projects for the offeror that best demonstrate 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 a project including ALL of the following:

New vertical construction of multi-story (minimum 3-stories above grade or meaning “ground level plus two levels in elevation above the ground level”) residential or commercial facilities to include multi-unit housing, hotels, barracks, dormitories, apartments, hospitals, or mixed-use buildings;

Construction of at least thirty (30) sleeping units (across all buildings) in each project. “SLEEPING UNITS” are further defined between facility types, as follows:

o For Multi-Family Housing Units and Apartments: One (1) sleeping unit is equivalent to one family dwelling unit regardless of the number of bedrooms or bathrooms within each apartment or dwelling unit.

o For Hotels, Barracks, Dormitories, Hospitals and Mixed-Use Building(s): One (1) sleeping unit is equivalent to one individual bedroom/sleeping area directly connected to a bathroom, regardless of the number of bedrooms/sleeping areas connected to the bathroom. To be considered a “bathroom”, it must contain at minimum: one water closet (toilet), one lavatory, and one shower or tub. Travel from the bedroom to the bathroom cannot traverse a separate corridor. For example, shared, gang-type bathrooms designed for multi-user occupancy will not be considered relevant.

As an additional example, two bedrooms directly connected to a single bathroom would be considered one (1) sleeping unit.

A construction value equal to or exceeding $15,000,000 (or the equivalent foreign currency), however, offerors shall provide the value in US dollars as of the day of project award.

RENOVATION of existing facilities shall not be submitted and will NOT be considered relevant. Submitted projects that include expansion of an existing facility footprint must clearly demonstrate a $15,000,000 construction value of the expansion and include thirty (30) sleeping units within that footprint expansion.

Projects submitted by the Offeror shall have been completed within the past ten (10) years from the date of issuance of this request for proposal (RFP). To ensure a project is considered “complete”, the documentation should demonstrate final delivery to the client.

A project is defined as a new construction (not renovation) project performed under a single task order or standalone contract. For multiple award and indefinite delivery/indefinite quantity type contracts, the contract as a whole shall not be submitted as a project; rather Offerors shall submit the work performed under a task order as a project.

The attached Construction Experience Project Data Sheet (Attachment C) is MANDATORY and SHALL be used to submit project information to demonstrate construction experience. Except as specifically requested, the Government will not consider information submitted in addition to this form. Individual blocks on this form must be completed and may be expanded; however, total length for each project data sheet shall not exceed one (1) double-sided page (or two (2) single-sided pages). DUNS numbers for the entity that performed the project shall be noted for the construction projects.

For all submitted projects, the description of the project shall clearly describe the scope of work performed and the relevancy to the project requirements of this RFP (i.e.: unique features, area, construction methods). The offeror must provide the construction cost of the example project in U.S. dollars. In addition, the description should also address any sustainable features for the project, including specific descriptions of those features. Provide applicable documentation on projects that were validated and/or certified through U.S. Green Building Council (USGBC) or the equivalent organization or process.

If projects were performed on constrained project sites, which required coordination between one or more of the following: multiple construction projects, multiple construction contractors, and/or multiple-phased construction programs; then offerors must briefly describe the coordination efforts (traffic management, site access, maintaining utility service to existing users, etc.) that were required between the multiple projects and/or contractors.

If the Offeror is a Joint Venture (JV), relevant project experience should be submitted for projects completed by the Joint Venture entity. If the Joint Venture does not have shared relevant experience, at least one (1) project should be submitted for each of the joint venture members. Projects may be submitted for any joint venture partner; however, offerors who fail to submit experience for each joint venture partner may be rated lower. Offerors are still limited to a total of five (5) projects combined.

JV offerors shall provide with their proposal a notarized legal document that establishes the JV.

If an Offeror is utilizing experience information of affiliates/subsidiaries/parent/LLC/LTD member companies (name is not exactly as stated on the SF1442), the proposal shall clearly demonstrate that the affiliate/subsidiary/parent/LLC/LTD member firm will have meaningful involvement in the performance of the contract.

The Offeror may utilize experience of a subcontractor that will perform major or critical aspects of the requirement to demonstrate construction experience under this evaluation factor. The Offeror must provide a signed letter of commitment from the subcontractor and an explanation of the meaningful involvement that the subcontractor will have in performance of this contract. Substitution of subcontractor(s) shall be avoided to the maximum extent possible, and any proposed substitutions shall have verifiable, equivalent experience to the subcontractor being replaced.

(iv) Basis of Evaluation:

The basis of evaluation will include the Offeror’s demonstrated experience and depth of experience in performing relevant construction projects as defined in the solicitation submittal requirements. The assessment of the Offeror’s relevant experience will be used as a means of evaluating the capability of the Offeror to successfully meet the requirements of the RFP. The Government will only review five (5) projects for construction. If more than the maximum number of projects is submitted, the Government will evaluate projects in order of submission up to the maximum number and will not evaluate projects beyond the maximum number specified in the submission requirements.

The Offeror may be considered more favorably by providing relevant projects that include the following:

Experience with Multi-Unit Housing or apartments for use by families.

Experience constructing facilities with a ventilated rendered rainscreen system similar to the system required by the RFP.

Experience with facilities requiring LEED certification and compliance.

Experience in the geographic area of Italy where project is located.

Experience performed for the United States Department of Defense.

Experience performed as a prime contractor versus a subcontractor.

Experience self-performing relevant features of work.

Experience on constrained project sites, which required coordination between one or more of the following: multiple construction projects, multiple construction contractors, and/or multiple-phased construction programs.

More weight may be given to the Offeror’s projects than those submitted for subcontractors or for affiliates/subsidiaries/parent/LLC/LTD member companies.

3. SPECIFICATION REVISION

Contract Specifications:

SECTION 01 30 00 ADMINISTRATION REQUIREMENTS

1.5 MINIMUM INSURANCE REQUIREMENTS

Delete this paragraph in its entirety and replace with the following:

“SECTION 01 30 00 ADMINISTRATION REQUIREMENTS

1.5 MINIMUM INSURANCE REQUIREMENTS

Procure and maintain during the entire period of performance under this contract the following minimum insurance coverage:

1. Comprehensive general liability: $500,000 per occurrence.

2. Automobile liability: $200,000 per person, $500,000 per occurrence for bodily injury, $20,000 per occurrence for property damage.

3. Workmen's compensation as required by Italian workers' compensation and occupational disease laws.

4. Employer's liability coverage of $100,000.

5. Others as required by Italian laws (Including INPS, INAIL, Cassa Edile).

6. The policies shall contain a provision worded as follows: "The insurance company waives any right of subrogation against the United States of America which may arise by reason of any payment under the policy."

7. The Certificates of all policies shall provide for notice of cancellation to the Contracting Officer, and the certificates shall indicate that the above provision has been included. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective until 30 days after written notice thereof to the Contracting Officer. (ref: FAR 52.228-5 -- Insurance -- Work on a Government Installation). 8. The Contractor shall also furnish a similar certificate of insurance as evidence of the existence of such coverage of all subcontractors who will work on the job.

9. Insurance policies required herein above shall be taken out with Italian insurance companies or with

United States companies legally authorized to conduct this type of business in Italy. Such policies will conform to Italian law and regulation and will meet the following requirements:

a. Contain provisions requiring submission to Italian Law and jurisdiction of any problem that may arise in regard to the interpretation or application of the clauses and conditions of the policy.

b. Contain provisions authorizing the insurance company, as subrogee of the insured entity, to attend to directly and to assume, with respect to any person damaged, the legal consequence arising from the occurrence of such damages.

c. Not contain any deductible amount or similar limitation.

d. Not contain any provisions requiring submission to any type of arbitration.

10. If the amount of insurance coverage listed in paragraphs (a, b, c, and d) above is to be purchased in Euros, that amount of coverage shall be based on applicable rate of exchange effective on the date of proposal opening.

The above insurance coverage is to extend to Contractor personnel operating Government owned equipment and vehicles.”

SECTION 00 72 00 - GENERAL CONDITIONS

The following have been added by reference:

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

SECTION 01 00 00 - GENERAL REQUIREMENTS

The following have been modified:

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 15 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 800 calendar days after receiving the notice to proceed.

The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $19,631 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

(End of Summary of Changes)