N6247023R0001 Amend 0003.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 PROJECTS P-332 and P-334 ELECTRICAL POWER PLANT, CAMP LEMONNIER, DJIBOUTI

See Block 14 SF30 Continuation Page.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 8

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

16C. DATE SIGNED

BY 14-Sep-2023

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 N6247023R0001

X 9B. DATED (SEE ITEM 11)

19-Jul-2023

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 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

14-Sep-2023

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:

N6247023R0001

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 0003

AMENDMENT 0003

The purpose of this amendment is to:

1. Extend the Proposal Due Date

2. Respond to Preproposal Inquires (PPIs)

3. Revise the Solicitation

1. The proposal due date is extended from Tuesday, 10 October 2023 at 2:00 PM Norfolk, VA local time to Tuesday, 31 October 2023 at 2:00 PM Norfolk, VA local time.

2. Responses to PPIs

18. Inquiry: (Reference: RFP General) Reference is made to the Agreement between the UNITED

STATES OF AMERICA and DJIBOUTI Signed at Djibouti February 19, 2003, that includes the

AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA

AND THE GOVERNMENT OF THE REPUBLIC OF DJIBOUTI ON ACCESS TO AND USE

OF FACILITIES IN THE REPUBLIC OF DJIBOUTI.

In the referenced Agreement, Article V, Entry and Exit; it states that “U.S. contractor's employees shall be required to obtain passports; however, visas shall not be required”, for Entrance and Exit to Djibouti.

Question: Please tell us if the condition for contractor employee access to Djibouti per this agreement, specifically that “visas shall not be required”, is in effect now for Navy contractors in Djibouti and is applicable to this contract for the duration of the contract?

Response: The Agreement dated February 19, 2003 remains in effect. However, there have been instances in which the Djiboutian government denied entry to employees of US contractors who did not possess a U.S. passport. Please consult your legal counsel for legal questions outside the solicitation.

19. Inquiry: (Reference: RFP 252.229-7001 Tax Relief) Reference is made to the Agreement between the UNITED STATES OF AMERICA and DJIBOUTI Signed at Djibouti February 19, 2003, that includes the AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF

AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF DJIBOUTI ON ACCESS TO

AND USE OF FACILITIES IN THE REPUBLIC OF DJIBOUTI.

In the referenced Agreement, Article X, Importation and Exportation; it states that: “The importation and re-exportation of any articles brought into the Republic of Djibouti, in accordance with this Agreement, shall not be subject to any taxes, customs, duties, license, or other restrictions by the Government of Djibouti or its instrumentalities.”

Question: Please tell us if the condition per the Agreement for contractors, when importing materials into Djibouti for this contract will “not be subject to any taxes, customs, duties, license, or other restrictions” is in effect now for US Navy contractors in Djibouti and can be consider as applicable to this contract for the duration of the contract?

Response: Propose in accordance with the solicitation.

20. Inquiry: (Reference: RFP) We recognize that it is allowed and often economical to hire local

Djiboutian nationals for work on this contract, but are there any REQUIREMENTS to hire local Djiboution nationals in terms of percentages of our workforce, number of LNs, intern/training programs, or for certain positions?

21. Inquiry: (Reference: Non-price Factors Factor 4 – Technical Solution) Please confirm if

Organizational Chart will count against the page limitation of five (5) double-sided pages (or ten

(10) single-sided pages for the Narrative.

Response: See amendment detail below.

22. Inquiry: (Reference: DUE DATE EXTENSION) Manufacturers of Generator and fuel systems indicate that, the project is very comprehensive and requested systems as a whole takes too much time to review,, study and calculate suitable solution within the available options. Manufacturers request time until the middle of September 2023. In order for contractors to finalize their main contractor proposal after receipt of generator and fuel systems manufacturers quotation at least three weeks will be needed. In addition, contractors have to mail the proposal package to NAVFAC via postal services or commercial couriers which needs additional time. Therefore, please consider at least 6 weeks time extension to the due date of the proposals.

23. Inquiry: (Reference: 5 of 53; 1.2 (Solicitation Document N6247023R0001); para 3) What is the configuration of generators required? Is N + 1 configuration required for each of the main project (P332) and the option (P331)? Please confirm.

Response: Propose in accordance with the solicitation. Please review the solicitation and attachments in their entirety.”

24. Inquiry: (Reference: Price: Solicitation Submittal Requirements) With the Price Proposal requirements, item-4, RFP asks for "Copy of Representation and Certifications from System for Award Management (SAM);". Please confirm, Proposal Submission requires "Reps and Certs (FAR/DFARS)" from System for Award Management (SAM) database.

25. Inquiry: (Reference: FAR Cloauses 52.229-11 and 52.229-12) "FAR Clauses 52.229-11 and 52.229-12 are included in this solicitation. This provision and clause concern the imposition of a 2 percent Federal excise tax withholding on any resultant contract award or payment request. There is no request within proposal submission requirements but in order to receive an exemption, Please confirm whether W-14 form submission is required. Also, if W-14 submission is required please confirm that filled W-14 will be included in Price Proposal Volume."

26. Inquiry: (Reference: 19; 26 32 15.00; 2.1.2.1) Please clarify if the generators must meet Tier IV standards. The use of high sulfur diesel makes it difficult to meet Tier IV standards even with elements such as the SCRs and the diesel exhaust fluid system included in the design.

Response: Generators and emissions control system shall meet the environmental and emissions requirements as specified in the construction documents. Propose in accordance with the

27. Inquiry: Please provide complete as-builts of the existing power plants.

Response: If available, as-built information may be provided to the selectee of the contract award.

Propose in accordance with the solicitation.

28. Inquiry: Please provide complete as-builts of the existing fuel storage and supply system including controls drawings.

Response: If available, as-built information may be provided to the selectee of the contract award.

Propose in accordance with the solicitation.

29. Inquiry: (Reference: 19; SF1442 Solicitation) The generators and related equipment will require large upfront payments. Will NAVFAC consider adding FAR 52.232-12 (Advance Payment which allows up to 15% down payment of the Contract amount if authorized by the CO) to the FAR Flowdowns to allow for an Advance Payment to reimburse payments that the prime contractor makes to the generator supplier at the time they are made to the generator supplier?

Response: The Government considered your inquiry and determined it is not in the Government’s best interest to incorporate it into the solicitation. Propose in accordance with the solicitation.

30. Inquiry: (Reference: 19; SF1442 Solicitation) FAR 52.232.5.b.2 indicates the following: “In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the Contractor at locations other than the site also may be taken into consideration if (i) Consideration is specifically authorized by this contract; and (ii) The Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract.”

Manufacture of the engine generators may involve a chain of suppliers including manufacture of the engine, manufacture of the alternator, manufacture of the skid, etc. These components are then assembled in a shop in the United States. Will the contract specifically authorize progress payments for manufacture and assembly of the engine-generator components per FAR 52.232.5.b.2?

31. Inquiry: (Reference: SF1442 Solicitation) FAR 47.302 Place of Delivery f.o.b. indicates the following: “Acceptance of title at origin by the Government permits payment of the contractor, provided the invoice is supported either by a copy of the signed commercial bill of lading (indicating the carrier’s receipt of the supplies covered by the invoice for transportation to the particular destination specified in the contract) or by other appropriate evidence of shipment to the particular destination for the contractor’s account.” Please confirm that the Government will accept title at the origin of shipping for the generator and related equipment and that payment will be made to the contractor at the origin of shipping provided the contractor furnishes the signed bill of lading.

32. Inquiry: (Reference: 1.1.5) The contract documents state that the contract completion time for P- 332 is 1,348 calendar days from Notice to Proceed. What will the completion time for the work associated with P-334?

Response: The contract duration of 1,348 days encompasses completion of both P332 and P334 in accordance with the terms of the solicitation.

33. Inquiry: (Reference: 17; 00 21 00; 4.5) Joint Venture: Is a non integrated Joint Venture accepted ?

(i.e. a Joint Venture which is not incorporated and not registered to the local Tax authority.)

Would you accept a bid from two companies jointly and severally liable, linked with a consortium agreement ?

34. Inquiry: (Reference: 9; 00 21 00; 3) Is there a minimum required annual turnover for the company who want to submit a tender ?

35. Inquiry: (Reference: 7; 26 20 00; 1.4) Origin of equipment: Is there any restriction about the country of origin of the supplied equipment ? (manufacturing country and/or country of the supplier)

Response: Review solicitation in its entirety. All products supplied under the contract are expected to meet the terms and conditions outlined in the solicitation, including but not limited to the clauses, plans, and specifications.

36. Inquiry: (Reference: 26; 00 45 00; 52.236-27) Would it be possible to make a site visit in order to better assess the interfaces between the existing power plant and the project? We couldn't attend the site visit organised on the 22nd of August due to communication to wrong e-mail adresses.

Response: The site visit was held 22 AUG 2023. No additional site visit will be made available.

37. Inquiry: (Reference: 26; 00 45 00; 52.236-27) If an alternative site visit is not possible, could you please share the Minutes of the site visit, together with all pictures taken during the site visit ?

Response: Minutes and pictures of the site visit are not available.

38. Inquiry: (Reference: 26; 00 45 00; 52.216-1) The Government contemplates award of a firm fixed price contract resulting from this solicitation.” However, due to the numerous options contained in the price schedule (eight options in total, corresponding to a large part of contract price) AND due to the fact that the client has 365 days to order these options, would it be possible to foresee an escalation clause ? Without an escalation clause, prices should be valid for 21 months (9 months bid validity + 12 months).

39. Inquiry: The RFP requires a bid validity of 270 calendar days. Additionally, paragraph 2.1.5 on page 6 of the solicitation indicates that the options may be awarded within 365 days after contract award. Suppliers and subcontractors are not willing to hold their pricing for the extended period of time which potentially totals 270 + 365 = 635 days. Please reduce to the bid validity from 270 calendar days to 90 days. Please reduce the time period to exercise the options from 365 days to 180 days.

Response: Please review the solicitation in its entirety. Propose in accordance with the

40. Inquiry: 1. The liquidated damages given on pages 36 and 37 of the solicitation are stated as follows:

CLIN 001 - P332 $ 25,073

CLIN 002 - OPTN 1 - DG08 $ 2,021

CLIN 003 - OPTN 2 - DG07 $ 2,021

CLIN 004 - OPTN 3 - DG06 $ 2,021

CLIN 005 - OPTN 4 - P334 $ 19,870

CLIN 006 - OPTN 5 - DG02 $ 2,021

CLIN 007 - OPTN 6 - DG01 $ 2,021

Please reduce the liquidated damages by 50% in accordance with Naval Facilities Acquisition Standards (NFAS), October 2018 edition, Subpart 11.5 – Liquidated Damages, Section 11.502 Procedures, paragraph c. This paragraph authorizes that the liquidated damages may be reduced by up to 50% by a Contracting Officer’s written determination that the Government’s anticipated loss from delayed completion is less than the stated amounts. Given that this project is replacing existing capacity, the liquidated damages seem to significantly overstate the anticipated costs from delayed completion.

41. Inquiry: (Reference: RFP Page 16 of 53) Proposal submission instructions say "PROPOSALS

MAY NOT BE HAND DELIVERED. ALL PROPOSALS MUST BE MAILED VIA POSTAL

SERVICES OR COMMERCIAL COURIERS SUCH AS FEDEX OR UPS." When shipping hard copy proposals via commercial carriers such as FedEx and UPS, a 2-day delivery window is advisable to ensure timely delivery of important documents, in case of an unforseen issue by the commercial carrier that delays an overnight delivery. To allow for this 2-day delivery window, contractors will need to have their proposals picked up by commercial carrier NLT 4:00p on Friday afternoon 6 October to ensure timely submission prior to the bid closing time of 2:00p EDT on Tuesday, 10 October. We request that the proposal closing day be moved to another weekday that will accomodate a 2-day timeframe from time of commercial carrier pick-up to the proposal closing day/time.

3. Revise the Solicitation:

CURRENT:

Factor 4 – Technical Solution

(a) Solicitation Submittal Requirements:

Provide a narrative describing the technical solution to the project that meets the requirements of the RFP. Include the following:

Summary of the technical approach, including the means/methods, material and tools to be utilized to complete the work; mitigation plans for anticipated problems, logistical challenges, and site constraints.

A Project organizational chart that lists the key positions (at a minimum, Project Manager, Site Safety & Health

Officer, Construction QCM, Superintendent), for each specific discipline, as well as the communication flow with the Government, and subcontractors. The organizational chart shall clearly identify the lines of authority between the entities. If the experience of a significant subcontractor is being claimed in Factor 1, the firm must be named in the above narrative and organizational chart. Provide a project schedule with a Gantt chart. Include the contract duration, all major submittals and all major aspects of construction project. The contract timeframe identified in the RFP defines the acceptable contract duration. Provide a narrative that explains the proposed contract duration.

Narrative shall not exceed five (5) double-sided pages (or ten (10) single-sided pages). In addition, provide schedule Gantt chart to graphically present the contract duration. The Gantt chart may submitted on 11” x 17” or A3 page(s) that will not count against the page limitations for the narrative.

REVISED TO:

Factor 4 – Technical Solution

(a) Solicitation Submittal Requirements:

Provide a narrative describing the technical solution to the project that meets the requirements of the RFP. Include the following:

Summary of the technical approach, including the means/methods, material and tools to be utilized to complete the work; mitigation plans for anticipated problems, logistical challenges, and site constraints.

A Project organizational chart that lists the key positions (at a minimum, Project Manager, Site Safety & Health Officer, Construction QCM, Superintendent), for each specific discipline, as well as the communication flow with the Government, and subcontractors. The organizational chart shall clearly identify the lines of authority between the entities. If the experience of a significant subcontractor is being claimed in Factor 1, the firm must be named in the above narrative and organizational chart. Provide a project schedule with a Gantt chart. Include the contract duration, all major submittals and all major aspects of construction project. The contract timeframe identified in the RFP defines the acceptable contract duration. Provide a narrative that explains the proposed contract duration.

Narrative shall not exceed five (5) double-sided pages (or ten (10) single-sided pages). In addition, provide schedule Gantt chart to graphically present the contract duration. The Gantt chart may submitted on 11” x 17” or A3 page(s) that will not count against the page limitations for the narrative, but is limited to five (5) double-sided pages (or ten

(10) single-sided pages). The Organizational chart does not count against the page limitations for the narrative but is limited to one (1) single-sided 11” x 17” or A3 page.

CURRENT:

ALL SUBMITTALS MUST BE RECEIVED AT THE LOCATION SPECIFIED ABOVE PRIOR TO

2:00PM Norfolk, VA local time, Tuesday, 10 October 2023. LATE SUBMITTALS WILL NOT BE

CONSIDERED. LATE RESPONSES WILL BE HANDLED IN ACCORDANCE WITH FAR 52.215-1. THE

GOVERNMENT WILL NOT BE HELD RESPONSIBLE FOR DELAYS OF ANY COMMERCIAL

CARRIER.

REVISED TO:

ALL SUBMITTALS MUST BE RECEIVED AT THE LOCATION SPECIFIED ABOVE PRIOR TO

2:00PM Norfolk, VA local time, Tuesday, 31 October 2023. LATE SUBMITTALS WILL NOT BE

CONSIDERED. LATE RESPONSES WILL BE HANDLED IN ACCORDANCE WITH FAR 52.215-1. THE

GOVERNMENT WILL NOT BE HELD RESPONSIBLE FOR DELAYS OF ANY COMMERCIAL

CARRIER.

SECTION 00 10 00 - SOLICITATION

The required response date/time has changed from 10-Oct-2023 02:00 PM to 31-Oct-2023 02:00 PM.

(End of Summary of Changes)