N6247022R0002 Amend 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

MILCON PROJECT P-91331, PHASE 3 FAMILY HOUSING VILLAGIO AT VICENZA, ITALY

Please see Block 14 Continuation Page.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 9

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

16C. DATE SIGNED

BY 20-Apr-2022

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 N6247022R0002

X 9B. DATED (SEE ITEM 11)

24-Jan-2022

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

20-Apr-2022

CODE

COMNAVFACSYSCOM 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:

N6247022R0002

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

The purpose of this amendment is for the following items:

1. Solicitation Revisions

2. Establish Amendment Response Due Date

3. Provide Attachments

This amendment is applicable to ONLY THOSE OFFERORS that previously submitted a proposal in response to the solicitation by the original proposal due date of 07 April 2022. Those offerors are invited to revise their existing price proposal in response to this amendment. Offerors are NOT required to provide a revised Attachment E – Schedule B Price Proposal Form; however, all Offerors are required to provide an acknowledged copy of this amendment.

The scope of proposal revisions is limited to the areas directly impacted by this amendment; thus, offerors are permitted only to revise their existing price proposal to comport with the changes of the amendment detail below, if necessary. Offerors are not permitted to make any changes to the previously submitted non-price technical binders or to the previously submitted price proposals with the exception of the those areas identified below. Changes to non-price technical binders, other portions of the price proposals, or any other change not specifically requested in this amendment will not be accepted.

If an offeror submits any changes other than those requested in this amendment, the proposal may be disqualified at the Government’s discretion.

Acknowledgement of this amendment, revised price proposal, and, if desired, revised Attachment E – Schedule B Price Proposal Form shall be submitted electronically and directly to the Government’s point of contact, Ed Flint, via email at edward.d.flint.civ@us.navy.mil prior to the amendment response due date established by this amendment. Offerors shall not submit hard copy responses.

1. Solicitation revisions:

CURRENT

1.1.4 This acquisition will result in a firm fixed price contract for design-bid-build construction services. In accordance with FAR 36.205, the statutory cost limitation is $80,140,000 USD for P-91331, Phase 3 Family Housing Villaggio at Vicenza, Italy. Award will be made in U.S. Dollars. Statutory cost limitation applies to all CLINs. In accordance with DFARS 236.204, the magnitude of construction for this project is between $25,000,000 and $100,000,000.

REVISED TO

1.1.4 This acquisition will result in a firm fixed price contract for design-bid-build construction services. Award will be made in U.S. Dollars. In accordance with DFARS 236.204, the magnitude of construction for this project is between $25,000,000 and $100,000,000.

CURRENT

2.1.8 CERTIFICATE OF CLASSIFICATION:

SOCIETÀ ORGANISMI DI ATTESTAZIONE (SOA) CERTIFICATION.

The following SOA Certifications are required, offeror must show that the necessary Certifications are in effect as of the date proposals are due, and must be submitted with the proposal:

Societa’ Organismi d’Attestazione (S.O.A.) (Qualifying Agencies) work categories for this project in accordance with Italian D.P.R. 34/00 (Decreto del Presidente della Republica 25 febbraio 2000, n.34).

The Prevailing Work Category: OG01 CLASS VIII (68%)

The related classifications (sub-categories) for this work category: None

Additional Work Categories other than the Prevailing Category (as required).

First additional Work Category: OG11 CLASS VIII (32%)

Companies that are QUALIFIED in the Prevailing Work Category and pertinent Classification, but NOT QUALIFIED also in the Minor Work Category and pertinent Classification, can still bid against the subject solicitation, by forming a Joint-Venture or subcontracting for the execution of the work pertaining to the categories (or alternatives) for which they are not qualified. Offerors must declare their intention of forming the Joint-Venture or awarding a subcontract. A "Teaming Agreement" or "Letter of Commitment" with the subcontractor must be submitted with the proposal and must identify the qualifications of the subcontractor (attaching the pertinent SOA certificate) and what work they will perform (identifying type and percentage of the work covered by specific SOA certificate).

In the case of a JV, at least one member of the JV must have the required SOA Certifications. The JV member who has the SOA Certification must perform the majority of the work pertinent to the certification.

In the case of a JV certification submitted by a subcontractor will not be accepted.

As required by DPR 554, art 75 and DPR 412 /2000, Contracting Officer shall require the apparent successful bidder/offeror to submit additional documentation, upon Contracting Officer’s demand, for evaluation of firm's technical and financial qualifications to execute the work.

Debarment from Award:

As required by article 75 of DPR 554 and DPR 412/2000, Contractors cannot bid if they have a history of, or there is an existing question relative to:

- Bankruptcy

- Pending Charges

- Final Penal Judgment for moral and/or professional misconduct

- Breach of use of unauthorized subcontractors, i.e. anti-trust laws

- Breach of safety / security or labor regulations

- Serious malpractice or negligence

- Tax payments violations

- False or fraudulent representations in prior solicitations

Contractor must submit extract from criminal record or affidavits released by the local court of Contractor’s residence.

Contracting Officer shall review Contractors’ certifications for compliance. Firms who obtained SOA certification are listed in the SOA website. Not submitting the additional documentation is treated as a responsiveness issue. Contracting Officer shall ensure that the contract provisions stipulate that the contract may be terminated for default if it is discovered after award that the Contractor failed to meet the certification requirements of D.P.R. n. 34, or art 75 of DPR 554, and DPR 412/2000.

2.2.1 ANTI-MAFIA LAW:

Pre-Award Effect of Anti-Mafia Procedures: In as much as the work of this solicitation is to be performed on land owned by the Italian State, the prospective Contractor will be subject to all Italian legislation concerning anti-mafia documentation, including, without limitation: Legislative Decree no. 159 of September 6, 2011, Decree of the President of the Republic no. 252 of June 3, 1998, Legislative Decree no.

490 of August 8, 1994, Law Decree No. 629 of September 6, 1982, and any subsequent anti-mafia laws, integrations and amendments. Only firms that submit the requested documentation will be considered for award. In the event that prior to award any mafia infiltration attempt is determined by the competent Prefect (Prefetto) against an offeror, pursuant to Art. 4 of Legislative Decree no. 490/1994, Art. 10 of Decree of the President of the Republic no. 252/1998, or any other antimafia law, no award will be made to said offeror.

Furthermore, in the event that prior to award any additional information against an offeror is obtained and validated by the Government or provided by the competent Prefect (Prefetto) pursuant to Art. 1, Section 7 of Law decree 629/1982, Art. 10, paragraph 9, of Decree of the President of the Republic no. 252/1998, or any other anti-mafia law, the Government may decide, at its sole discretion, that no award will be made to said offeror.

Subcontractors: ALSO, the offeror is responsible for complying with Italian Anti-Mafia laws with respect to its subcontractors; and, if necessary, requesting additional information regarding attempts of mafia infiltration from a competent Prefect (Prefetto). The offeror agrees to provide the Government any appropriate documentation that may indicate mafia-collusion, to include, if available, results of any Prefect (Prefetto) investigations. If after award, a competent Prefect (Prefetto) determines that mafia infiltration attempts have occurred with a subcontractor, then the offeror agrees, if requested by the Government, to promptly terminate the subject subcontract and replace the mafia-colluded subcontractor at its own cost with a compliant company.

Termination: If during the life of this contract, any mafia infiltration attempt is determined by the Government to have occurred or additional information is provided by the Prefect (Prefetto) against any component of the Contractor or any Subcontractor, pursuant to Art. 1, Section 7 of Law Decree 629/1982, Art 4 of Legislative Decree no. 490/1994, Art. 10 of Decree of the President of the Republic no. 252/1998, or any other anti-mafia law, the Government at its sole discretion may consider this a failure to execute the work and may terminate the Contractor's right to proceed with the work under the "Default" clause of this contract.

Documentation Requirements: Contractor shall submit the following:

The offeror SHALL include a “self-declaration” in accordance with DPR 445/2000, stating that “pursuant to any applicable anti-mafia law in force, none of the causes of forfeiture, suspension or prohibition set forth by Art. 67 of the Code exist with regard to all the persons involved in the subject contract.”

This documentation is to be included in your Price Proposal.

REVISED TO

2.1.8 CERTIFICATE OF CLASSIFICATION:

SOCIETÀ ORGANISMI DI ATTESTAZIONE (SOA) CERTIFICATION.

The following SOA Certifications are required, offeror must show that the necessary Certifications are in effect as of the date proposals are due, and must be submitted with the proposal:

Societa’ Organismi d’Attestazione (S.O.A.) (Qualifying Agencies) work categories for this project in accordance with Italian Legislative Decree 18 April 2016, n. 50.

The Prevailing Work Category: OG01 CLASS VIII (68%)

Additional Work Categories other than the Prevailing Category (as required).

First additional Work Category: OG11 CLASS VIII (32%)

Companies that are QUALIFIED in the Prevailing Work Category and pertinent Classification, but NOT QUALIFIED also in the Minor Work Category and pertinent Classification, can still bid against the subject solicitation, by forming a Joint-Venture or subcontracting for the execution of the work pertaining to the categories (or alternatives) for which they are not qualified. Offerors must declare their intention of forming the Joint-Venture or awarding a subcontract. A "Teaming Agreement" or "Letter of Commitment" with the subcontractor must be submitted with the proposal and must identify the qualifications of the subcontractor (attaching the pertinent SOA certificate) and what work they will perform (identifying type and percentage of the work covered by specific SOA certificate).

In the case of a JV, all members of the JV must have the SOA certifications. The leading member of the JV must have the SOA certification in the Prevailing Work Category. In the case of a Prime Contractor/Sub- Contractor type of agreement, the Prime cannot sub-contract more than 30% of work in the Prevailing Work Category.

Debarment from Award:

Successful offerors shall submit to the Contracting Officer a self-certification stating that none of the situations in Art. 80 of Legislative Decree 50/2016 apply.

Contracting Officer shall review Contractors’ self-certifications for compliance. Firms who obtained SOA certification are listed in the SOA website. Not submitting the additional documentation is treated as a responsiveness issue. Contracting Officer shall ensure that the contract provisions stipulate that the contract may be terminated for default if it is discovered after award that the Contractor meets at least one of the situations at Art. 80 of Legislative Decree 50/2016.

2.2.1 ANTI-MAFIA LAW:

Pre-Award Effect of Anti-Mafia Procedures: In as much as the work of this solicitation is to be performed on land owned by the Italian State, the prospective Contractor will be subject to all Italian legislation concerning anti-mafia documentation, including, without limitation: Legislative Decree no. 159 of

September 6, 2011 (hereinafter “the Code”), Decree of the President of the Republic no. 252 of June 3, 1998, Legislative Decree no. 490 of August 8, 1994, Law Decree No. 629 of September 6, 1982, and any subsequent anti-mafia laws, integrations and amendments. Only firms that submit the requested documentation will be considered for award. In the event that prior to award any mafia infiltration attempt is determined by the competent Prefect (Prefetto) against an offeror, pursuant to Art. 4 of Legislative Decree

no. 490/1994, Art. 10 of Decree of the President of the Republic no. 252/1998, or any other antimafia law, no award will be made to said offeror. Furthermore, in the event that prior to award any additional information against an offeror is obtained and validated by the Government or provided by the competent Prefect (Prefetto) pursuant to Art. 1, Section 7 of Law decree 629/1982, Art. 10, paragraph 9, of Decree of the President of the Republic no. 252/1998, or any other anti-mafia law, the Government may decide, at its sole discretion, that no award will be made to said offeror.

Subcontractors: ALSO, the offeror is responsible for making sure that also its subcontractors comply with Italian Anti-Mafia laws, and request them to submit the required self-certifications. The offeror agrees to provide the Government any appropriate documentation that may indicate mafia-collusion, to include, if available, results of any Prefect (Prefetto) investigations. If after award, a competent Prefect (Prefetto) determines that mafia infiltration attempts have occurred with a subcontractor, then the offeror agrees, if requested by the Government, to promptly terminate the subject subcontract and replace the mafia-colluded subcontractor at its own cost with a compliant company.

Termination: If during the life of this contract, any mafia infiltration attempt is determined by the Government to have occurred or additional information is provided by the Prefect (Prefetto) against any component of the Contractor or any Subcontractor, pursuant to the Code and/or any other anti-mafia legislation as applicable, the Government at its sole discretion may consider this a failure to execute the work and may terminate the Contractor's right to proceed with the work under the "Default" clause of this contract.

Documentation Requirements: Contractor shall submit the following:

The offeror SHALL include a self-certification in accordance with DPR 445/2000, to certify that pursuant to any applicable anti-mafia law in force, none of the causes of forfeiture, suspension or prohibion set forth by Art. 67 of the Code exist with regard to all the persons involved in the subject contract. The offeror shall complete and submit the applicable self-certification form (Attachments Q and R).

This documentation is to be included in your Price Proposal.

CURRENT

4.6 SPECIAL JOINT VENTURE (JV) REQUIREMENTS

NOTE #1: FOR THE PURPOSES OF THIS SOLICITATION A JOINT VENTURE REFERS TO A LEGAL

ENTITY IN THE NATURE OF A CORPORATION, CONSORTIUM OR PARTNERSHIP – COMPRISED OF

TWO OR MORE PERSONS OR ENTITIES, IN WHICH PROFITS, LOSSES AND CONTROL ARE SHARED, AND THERE IS JOINT LIABILITY FOR DEBT BETWEEN ALL THE PERSONS AND/OR ENTITIES, WHICH IS FULLY LEGALLY INCORPORATED TO DO BUSINESS AS A SINGLE ENTITY IN THE JURISDICTION

FROM WHICH IT IS FORMED.

THE JOINT VENTURE MUST PROVIDE ONE (1) CAGE CODE FOR THE JOINT VENTURE ITSELF, ONE

(1) DUNS NUMBER FOR THE JOINT VENTURE ITSELF, AND ONE (1) DUNS NUMBER FOR EACH

MEMBER COMPRISING THE JOINT VENTURE. THE JOINT VENTURE MUST BE REGISTERED IN THE

SYSTEM FOR AWARD MANAGEMENT (SAM) USING THE NAME OF THE JOINT VENTURE.

JV offerors shall provide with their proposal a notarized legal document that establishes the JV. The JV Agreement shall take effect upon the submission of the proposal and remain irrevocable until one (1) year after the work has been finally inspected and accepted by the Government. Submission of the notarized legal document that establishes the JV shall be furnished with the price proposal in its original language version along with a certified English translation of the notarized JV. The Joint Venture must be formed and valid at the time of submission of the proposal. The validated notarized legal document must include language that each member of the JV will be jointly and severally liable for the performance of the whole contract and will be incorporated into the contract award if award is made to the JV.

Only offers from Prime Contractors and Joint Ventures (JV) will be accepted. Offers from Associazione Temporanea d’Imprese (ATI) or Offers using a contract of availment (contractto de avvalirnento) will not be accepted for this procurement and will be considered non-responsive to the solicitation's requirements.

1. The Joint Venture Agreement shall include, at a minimum, the following:

(a) Name of firms that form the JV and the name of the JV.

(b) Name and title of the corporate officials signing on behalf of each party.

(c) Solicitation number.

(d) Description of the responsibilities in terms of work category for each member (for example: Firm A performing 100% of ___)

(e) The statement "The composition and structure of the JV will remain unchanged from award to one (1) year after the work has been finally inspected and accepted by the Government.”

(f) Date of issuance of the agreement and notarized signature of the corporate officials signing on behalf of each party.

(g) Statement that each member of the JV will be jointly and severally liable for the performance of the entire contract; and

(h) Statement under oath stating that the Joint Venture (JV) is in compliance at the time of proposal submission with all applicable laws, rules, and regulations. This statement must be signed under oath by all members comprising the Joint Venture.

2. The U.S. Government reserves the right to review the actual JV Agreement to determine its basis and compliance with the applicable laws. Any internal agreements affecting the internal composition of the existing JV and its potential liabilities in relation to the contract (performance guarantee, insurance, etc.) will be sent to the Contracting Officer to provide notice of the same. Any change in the composition of the JV will require the JV to formally request a Novation Agreement in accordance with FAR 42.12, which will be approved/disapproved at the discretion of the Contracting Officer.

REVISED TO

4.6 SPECIAL JOINT VENTURE (JV) REQUIREMENTS

NOTE #1: FOR THE PURPOSES OF THIS SOLICITATION A JOINT VENTURE REFERS TO A LEGAL

ENTITY IN THE NATURE OF A CORPORATION, CONSORTIUM OR PARTNERSHIP – COMPRISED OF

TWO OR MORE PERSONS OR ENTITIES, IN WHICH PROFITS, LOSSES AND CONTROL ARE SHARED, AND THERE IS JOINT LIABILITY FOR DEBT BETWEEN ALL THE PERSONS AND/OR ENTITIES, WHICH IS FULLY LEGALLY INCORPORATED TO DO BUSINESS AS A SINGLE ENTITY IN THE JURISDICTION

FROM WHICH IT IS FORMED.

THE JOINT VENTURE MUST PROVIDE ONE (1) CAGE CODE FOR THE JOINT VENTURE ITSELF, ONE

(1) DUNS NUMBER FOR THE JOINT VENTURE ITSELF, AND ONE (1) DUNS NUMBER FOR EACH

MEMBER COMPRISING THE JOINT VENTURE. THE JOINT VENTURE MUST BE REGISTERED IN THE

SYSTEM FOR AWARD MANAGEMENT (SAM) USING THE NAME OF THE JOINT VENTURE.

JV offerors shall provide with their proposal a notarized legal document that establishes the JV. The JV Agreement shall take effect upon the submission of the proposal and remain irrevocable until one (1) year after the work has been finally inspected and accepted by the Government. Submission of the notarized legal document that establishes the JV shall be furnished with the price proposal in its original language version along with a certified English translation of the notarized JV. The Joint Venture must be formed and valid at the time of submission of the proposal. The validated notarized legal document must include language that each member of the JV will be jointly and severally liable for the performance of the whole contract and will be incorporated into the contract award if award is made to the JV.

Only offers from Prime Contractors and Joint Ventures (JV) will be accepted. Offers from Associazione Temporanea d’Imprese (ATI) or Offers using a contract of availment (contractto de avvalirnento) will not be accepted for this procurement and will be considered non-responsive to the solicitation's requirements.

Joint Venture Residency: Offerors proposing as a Joint Venture shall ensure compliance with Italian tax code, including but not limited to, Testo Unico delle Imposte sui Redditi (TUIR), which provide specific durations and definitions of “Permanent Establishment” in Italy. As the project site is located on Italian soil, Joint Ventures shall comply with the rule of permanence of the construction and assembly site within Italy.

1. The Joint Venture Agreement shall include, at a minimum, the following:

(a) Name of firms that form the JV and the name of the JV.

(b) Name and title of the corporate officials signing on behalf of each party.

(c) Solicitation number.

(d) Description of the responsibilities in terms of work category for each member (for example: Firm A performing 100% of ___)

(e) The statement "The composition and structure of the JV will remain unchanged from award to one (1) year after the work has been finally inspected and accepted by the Government.”

(f) Date of issuance of the agreement and notarized signature of the corporate officials signing on behalf of each party.

(g) Statement that each member of the JV will be jointly and severally liable for the performance of the entire contract.

(h) Statement under oath stating that the Joint Venture (JV) is in compliance at the time of proposal submission with all applicable laws, rules, and regulations. This statement must be signed under oath by all members comprising the Joint Venture.

(i) Statement identifying whether the JV is a vertical or horizontal arrangement; and

(j) Statement that the JV is NOT a prime-subcontractor relationship.

2. The U.S. Government reserves the right to review the actual JV Agreement to determine its basis and compliance with the applicable laws. Any internal agreements affecting the internal composition of the existing JV and its potential liabilities in relation to the contract (performance guarantee, insurance, etc.) will be sent to the Contracting Officer to provide notice of the same. Any change in the composition of the JV will require the JV to formally request a Novation Agreement in accordance with FAR 42.12, which will be approved/disapproved at the discretion of the Contracting Officer.

2. Establish amendment response due date: Wednesday, 04 May 2022 at 1400 Norfolk, VA local time.

3. Attachments:

• Attachment Q - Anti-Mafia Self-Certification Form for Contracts between €150,000 and €5,382,000

• Attachment R - Anti-Mafia Self-Certification Form for Contracts greater than €5,382,000

(End of Summary of Changes)