AMD_0002.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

AMD 0002 TO INDEFINITE DELIVERY INDEFINITE QUANTITY (IDIQ) CONTRACT SET-ASIDE FOR EDWOSB FOR ROOFING CONSTRUCTION PROJECTS ABOARD MCB CAMP PENDLETON AND NOC FALLBROOK, NWS SEAL BEACH, NWS SEAL BEACH DETACHMENT NORCO, CA.

The description of the amendment follow s on page 2. See follow ing pages.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 9

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

16C. DATE SIGNED

BY 16-Jan-2014

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 N62473-14-R-2201

X 9B. DATED (SEE ITEM 11)

11-Dec-2013

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

15-Jan-2014

CODE

NAVFAC SOUTHWEST

CAMP PENDLETON ROICC/CODE ROPCN

MARINE CORPS BASE CAMP PENDLETON

PO BOX 555229 BLDG 22101

CAMP PENDLETON CA 92055-5229

N62473 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N62473-14-R-2201

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

AMD 0002

SUBJ: AMENDMENT NO. 0002 TO N62473-14-R-2201 FOR EDWOSB SET-ASIDE FOR IDIQ ROOFING

PROJECTS ABOARD MARINE CORPS BASE, CAMP PENDLETON, NAVAL ORDNANCE CENTER

(NOC) FALLBROOK, NAVAL WEAPONS STATION (NWS) SEAL BEACH, AND NWS SEAL

BEACH DETACHMENT NORCO, CA

The purpose of this amendment is to incorporate the following changes into the solicitation.

I. The following are in reference to specific sections of the RFP.

1. Part 1, Section 00201 of the solicitation has been updated as follows:

A total of one (1) original price and (1) original technical proposal, two (2) hard copies of the technical proposal and one (1) electronic copy of the complete proposal, in response to this RFP must be received by this office no later than 11:00 a.m., local time, on 30 January 2014.

2. Part 1, Section 00210, Paragraph 4. Evaluation Factors, subparagraph (b), Factor 1 of of the solicitation has been updated as follows:

Remove the following:

“The Offeror shall provide a bondability letter from the surety company to demonstrate the minimum single project bonding capacity and aggregate bonding capacity of at least $10,000,000 for the management of multiple concurrent projects at the higher dollar magnitude within the task order range. The letter will also indicate the current available bonding capacity.”

Replace with the following:

“The Offeror shall provide a bondability letter from the surety company to demonstrate the minimum single project bonding capacity of at least $500,000 and aggregate bonding capacity of at least $10,000,000 for the management of multiple concurrent projects at the higher dollar magnitude within the task order range.

The letter will also indicate the current available bonding capacity.”

3. Part 1, Exhibits A – E of the solicitation have been updated and are hereby incorporated into the RFP (See Enclosures 1 - 5).

Electronic copies of these updated documents have been uploaded to the FBO.gov website as a .zip file titled “AMD 0002 - Part 1 Exhibits” and shall be used in place of all previous versions of these documents.

4. Part 1, Section 00210, Factor 4 Safety of the solicitation has been revised and is hereby incorporated into the RFP as Enclosure 6.

5. Part 1, Section 00600, FAR Clause 52.228-1, Bid Guarantee (SEP 1996) has been revised at paragraph (c) as follows:

“(c) The amount of the bid guarantee shall be $1,000 (20 percent of the minimum guarantee).”

6. Part 1, Section 00600, FAR Clause 52.232-19, Availability of Funds for the Next Fiscal Year (APR 1984) has been revised as follows:

“Funds are not presently available for performance under this contract beyond Fiscal Year 2014. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond Fiscal Year 2014, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.”

7. Part 1, Section 00600, NFAS Clause 5252.228-9302, Bid Guarantee (JAN 1996) has been updated as follows:

“To assure the execution of the contract and the performance and payment bonds, each bidder/offeror shall submit with its bid/offer a guarantee bond (Standard Form 24) executed by a surety company holding a certificate of authority from the Secretary of the Treasury as an acceptable surety, or other security as provided in FAR Clause 52.228-1, "Bid Guarantee". Security shall be in a penal sum equal to at least 20 percent of the largest amount for which award can be made under the bid submitted, but in no case to exceed $1,000 (20 percent of the minimum guarantee). The bid guarantee bond shall be accompanied by a copy of the agent's authority to sign bonds for the surety company.”

8. Part 1, Section 00801, Paragraph 15, “Davis Bacon Wage Determination,” has been updated as follows:

The minimum wages required for payment under this contract are in accordance with U.S. Department of Labor, General Decision Number: CA140001 dated 01/10/2014 CA1 with Modification 1, which is attached and hereby made part of this contract. Access to the wage rates is also available at http://www.wdol.gov/. (See Enclosure 7 for full text.)

9. Part 6, Attachment 8, Roof Bid Schedule for both Camp Pendleton and Seal Beach have been updated and are hereby incorporated into the RFP. Electronic copies of this updated document is included on the FBO.gov website in the .zip file titled “AMD 0002 - Part 6 Attachments” and shall be used in place of all previous versions of this document.

10. Part 6, the Quality Assurance Plan (Enclosure 8 of this amendment) is hereby incorporated into the RFP as Attachment 14. The QAP is the system by which the Government verifies that the Contractor’s system of QC is working effectively and construction complies with the contract requirements.

Electronic copies of this document is included on the FBO.gov website in the .zip file titled “AMD 0002 - Part 6 Attachments” and shall be used in place of all previous versions of this document.

II. The purpose of this section is to incorporate the answers to the RFIs into the solicitation in order to revise and/or clarify the contractual requirements.

1. Can an ELIN line item be added for coating of Built Up Roofing Systems?

Government Response: No.

2. In Section 00700 – Contract Clauses of the above referenced Solicitation, section (e) on page 29 of 93 indicates that a “joint venture” may be considered an EDWOSB concern if a number of requirements are met. Our entity is properly qualified as an EDWOSB with the appropriate 238160 NAICS code and experience as defined in the solicitation and we wish to form an alliance with another roofing contractor that is not an EDWOSB in a teaming arrangement to pursue this solicitation.

Does section (e) of the Solicitation that applies to a joint venture equally apply to a teaming arrangement for this solicitation with respect to the provisions contained in subsections (3)* and (4)**?

* (3) The parties to the joint venture have entered into a written joint venture agreement that contains provisions—

(i) Setting forth the purpose of the joint venture;

(ii) Designating an EDWOSB concern as the managing venture of the joint venture, and an employee of the managing venture as the project manager responsible for the performance of the contract;

(iii) Stating that not less than 51 percent of the net profits earned by the joint venture will be distributed to the EDWOSB;

(iv) Specifying the responsibilities of the parties with regard to contract performance, source of labor, and negotiation of the EDWOSB contract; and

(v) Requiring the final original records be retained by the managing venture upon completion of the EDWOSB contract performed by the joint venture.

** (4) The joint venture preforms the applicable percentage of work required in accordance with paragraph (d) above.

[NOTE; the relevant sections of (d) provide as follows:]

(d) Agreement. An EDWOSB concern agrees that in the performance of the contract for—

(1) Services (except construction), the concern will perform at least 50 percent of the cost of the contract incurred for personnel with its own employees…

(4) Construction by special trade contractors, the concern will perform at least 25 percent of the cost of the contract with its own employees (not including the cost of materials)

Government Response:

Any teaming arrangement and/or joint venture agreement must meet the applicable size standard corresponding to the NAICS code assigned to the contract. In addition, the prime contractor must perform at least 25 percent of the cost of the contract with its own employees. EDWOSBs must also ensure that they are following all of SBA’s rules in forming any arrangement including but not limited to all rules regarding affiliation under set-aside contracts (13 CFR 121). Any EDWOSB prime contractor that subcontracts primary and vital requirements of the contract or exhibits overreliance on a large business subcontractor may be considered in an ostensible subcontract arrangement and therefore deemed ineligible to participate under the EDWOSB set-aside. Undue reliance may include, but is not limited to, the terms of the proposal, contract management, technical responsibilities, percentage of subcontracted work, bonding assistance, etc.

The Government will hold the prime contractor fully responsible for contract performance, regardless of any team arrangement between the prime contractor and its subcontractors.

3. Section 00200, Exhibit E says “the requested information must be received by the contractor no later than September 23, 2013 in order for them to meet the proposal submission deadline.” Is this correct?

Government Response:

Exhibit E has been updated; see AMD 0002, Section I, #3 above. It is the responsibility of the offerors to fill in the date by which they need their Financial Institution to provide the required Amended “Exhibit E – Financial Questionnaire” MS Word document (in sealed envelope from financial institution) to ensure inclusion in their proposals in accordance with the proposal due date and time.

4. Section 1.4.4 of the solicitation indicates the Project Manager (PM) and Project Superintendent (PS) cannot be the same person and shall be employed by the Prime Contractor. Section 1.5.2.1 of the solicitation indicates that subcontractor personnel cannot assume the role of PM, PS, Quality Control Manager (QCM) and Site Safety & Health Officer (SSHO). If a teaming agreement is contemplated can any of these required individuals be from the team member of the Prime Contractor?

Government Response:

All of these personnel must be employed by the Prime Contractor.

5. Tab 3, Factor 4, Safety (Page 6 of Solicitation), indicates for a partnership or joint venture, the following submittal requirements are required for each contractor that is part of the partnership. Is this required from both contractors if a teaming agreement is contemplated?

Government Response: No.

6. What is the required percentage of Labor that the Prime Contractor must perform 15% or 25%?

Government Response: 25%

7. Does the Prime Contractor’s labor for PM, PS, QCM, and SSHO count towards in house personnel to meet the requirements of the RFP for meeting or exceeding the required labor percentage?

Government Response: Yes as these personnel must be employed by the Prime contractor.

8. Factor 3 – Past Performance, item C (Page 16 of Solicitation) indicates to include letters or merits. Is there a maximum page limitation to the number of letters and/or merits that can be used?

Government Response: Yes. The maximum page limitation is four (4) double-sided print pages.

9. Solicitation Provision 5252.228-9302 BID GUARANTEE (JAN 1996), states “To assure the execution of the contract and the performance and payment bonds, each bidder/offeror shall submit with its bid/offer a guarantee bond (Standard Form 24) executed by a surety company holding a certificate of authority from the Secretary of the Treasury as an acceptable surety, or other security as provided in FAR Clause 52.228- 1, “Bid Guarantee”. Security shall be in a penal sum equal to at least 20 percent of the largest amount for which award can be made under the bid submitted, but in no case to exceed $3,000,000…”

Will the Government waive the Bid Guarantee requirement for the reasons cited below? If the Government does not waive the Bid Guarantee requirement, will the Government post their determination and finding that the bid guarantee is in the best interest of the Government for this particular acquisition and that the inclusion of a Bid Guarantee will not place an undue financial burden on prospective bidders, present a barrier for participation by economically disadvantaged small businesses and/or restrict or reduce competition?

Given the fact that the solicitation is set aside for ECONOMICALLY DISADVANTAGED Women Owned Small Business (EDWOSB) concerns, it appears the Bid Guarantee requirement listed under FAR Clause 52.228-1 presents an undue economic burden and barrier to entry for potential EDWOSB bidders, who otherwise are qualified to bid and perform the contract requirements. The Bid Guarantee requirement may cause some qualified EDWOSBs to not submit a bid, thus potentially limiting competition, innovation and cost savings to the Government.

Ironically the inclusion of the Bid Guarantee will harm the very same socioeconomic small business group the government sought to benefit with its EDWOSB contract set-aside provision. Furthermore, the inclusion of the bid guarantee may have an unintended consequence of favoring EDWOSBs who rely upon a large business concern to secure the Bid Guarantee and required bonds on their behalf vice EDWOSBs who attempt to perform all of the work either solely or with other small business concerns. Although using large business subcontractor(s) to complete a portion of the contract requirements is not prohibited, undue reliance upon a large business subcontractor for bonding assistance may trigger a size protest under the Small Business Administration (SBA) Affiliation Rules and, specifically, the Ostensible Subcontractor Rule.

It is recognized that a Bid Guarantee is just one method the Government can use to reduce the risk a winning bidder will not execute the contract and not secure the required payment and performance bonds.

However, per FAR 28.101-1(c), the Chief of the Contracting Office may waive the Bid Guarantee amount if it is determined a bid guarantee is not in the best interest of the Government for a specific acquisition. If waived, the potential risk of non-performance can then be mitigated via adoption of the following alternatives that do not place a barrier for EDWOSB participation, reduce and/or unduly restrict competition and pose less of a financial burden on economically disadvantaged small business concerns.

In lieu of using a Bid Guarantee, it is recommended the government amend the solicitation to place greater weight on past performance and prior relevant experience and use that information, along with the other evaluation factors listed in the Solicitation, to establish the Competitive Range. The Government currently uses Past Performance as a Source Selection factor and predictor of a contractor’s likely performance on a contract. As such, if an EDWOSB has an excellent past performance record and has never been terminated for default, then there should be little risk to the Government that the winning bidder will not execute the contract.

Government Response:

In accordance with FAR 28.101-1 and FAR 28.102(a), a bid guarantee is required. FAR Clause 52.228- 1(c) has been revised to read “the amount of the bid guarantee shall be $1,000 (20% of the minimum guarantee of $5,000). See AMD 0002, Section I, #5 and #6.

10. Solicitation SECTION 00801, Paragraph 13 states “Performance and payment bonds in the amount of 100% (unless otherwise stipulated on the individual Task Order) will be required for each Task Order and shall be submitted for approval to the Contracting Officer within 15 days (unless otherwise stipulated on the individual Task Order) of award of a Task Order. Commencement of construction is contingent upon approval of required bonds.” Additionally, SECTION 00210, FACTOR 1 – MANAGEMENT APPROACH AND CAPABILITIES OF THE OFFEROR subparagraph (1)(b) states “The Offeror shall provide a bondability letter from the surety company to demonstrate the minimum single project bonding capacity and aggregate bonding capacity of at least $10,000,000 for the management of multiple concurrent projects at the higher dollar magnitude within the task order range. The letter will also indicate the current available bonding capacity.” Lastly, section 10 of Standard Form 1442 states the “Task Order Range is $2,000 to $500,000” and the “Minimum Guarantee is $5,000.00.”

Will the Government reduce the minimum single project performance and payment bond amount to $500,000 and the aggregate bonding capacity amount to $1,000,000 for the reasons cited below? If the Government does not reduce the current bonding amounts, will the Government post their determination and finding that the bonding amounts are in the best interest of the Government for this particular acquisition and that the specified bonding requirements and penal sums will not place an undue financial burden on prospective bidders, present a barrier for participation by economically disadvantaged small businesses and/or restrict or reduce competition? Also, will the Government provide the statutory and regulatory guidance it uses when establishing Bid Guarantee, Performance Bond and Payment Bond Penal Sums for IDIQ construction contracts?

The current Performance and Payment Bonding requirements appear to be unusually high given the fact that the range of potential task orders are from $2,000 to $500,000 and the Government’s minimum guarantee is $5,000. Furthermore, the requirement for an aggregate bonding sum of $10,000,000 presents an undue economic burden and barrier to entry for potential Economically Disadvantaged Women Owned Small Business (EDWOSB) bidders, who otherwise are qualified to perform the contract requirements. The unusually high bonding requirements may cause some qualified EDWOSBs to not submit a bid, thus potentially limiting competition, innovation and cost savings to the Government. Furthermore, the inclusion of high bonding amounts may have an unintended consequence of favoring EDWOSBs who rely upon a large business concern to secure the required bonds on their behalf vice EDWOSBs who attempt to perform all of the work either solely or with other small business concerns. Although using large business subcontractor(s) to complete a portion of the contract requirements is not prohibited, undue reliance upon a large business subcontractor for bonding assistance may trigger a size protest under the Small Business Administration (SBA) Affiliation Rules and, specifically, the Ostensible Subcontractor Rule.

In lieu of setting the Performance and Payment Bond amounts equal to the original contract price plus any price increases, it is recommended the Government use its authority under FAR 28.102-2(b)(1) and (b)(2)(i) to establish bonding requirements that promote and enhance participation by eligible EDWOSBs.

The Government and/or the Small Business Administration should assume a portion of the performance risk for amounts above the suggested single project bond amount of $500,000 and aggregate bond amount of $1,000,000. The suggested bond amounts as well as the government’s use of past performance to establish the competitive range should adequately reduce performance risk under the contract.

The minimum single project bonding capacity required is $500,000; See AMD 0002 Section I, #2 above.

Per FAR clause 52.228-15 and page 59 of the RFP, Performance and Payment bonds in the amount of 100% (unless otherwise stipulated on the individual Task Order) will be required for each Task Order and shall be submitted for approval to the Contracting Officer within 15 days of the Task Order Issuance.

Additionally, FAR Subpart 28.102-2 provides the authority for the agency in determining amount required for bonding. Sufficient bonding capacity is necessary to successful performance of all Task Orders required by the agency under the contract. Since the contract requires a one-year warranty for each Task Order, the bonding capacity of a contract award is encumbered for at least a year for each Task Order awarded. This contract is for a base year and four option years. Since it is anticipated that multiple task orders will be required each year, the agency has determined that a high bonding capacity is necessary in order to ensure continuous management of multiple, concurrently performed, ongoing, and prospective projects awarded at the higher dollar magnitude within the task order price range. If set too low, the agency runs the risk that the successful offeror will exceed their bonding capacity and thereby impede the Government’s ability to satisfy customer requirements. The agency has performed market research which shows that multiple potential EDWOSB offerors possess aggregate bonding capacities that equal or exceed the level of bonding capacity required by the solicitation.

11. Can the proposal be hand delivered as an alternative to using FedEx or USPS?

Government Response: Yes, however it is the responsibility of the Offeror to ensure proposals are received by the stated due date and time.

12. Section 00201: Instructions to Offerors, Paragraph 2 Proposal Submittal Requirements. It states that the Financial Questionnaire (Exhibit E) must be received by September 23, 2013. Should this be January 23, 2014?

Government Response: This form has been revised; See AMD 0002, Section I, #3.

13. Section 00201, Paragraph 4.v Evaluation Factors. The RFP states, “Also, per Section 00600 of the RFP, fill-out responses to FAR clause 52.219-1 “Small Business Program Representations” (APR 2012) and DFARS clause 252.209-7999 “Representations by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law” (Dev 2012-O0004)(JAN 2012).” The RFP does not include FAR clause 52.219-1 with items to be filled out. However, FAR 52.219-1 is included in the System for Award Management (SAM). Will completion of the online record suffice? If not, please provide a copy of FAR clause 52.219-1 to be filled out.

Government Response: Yes completion of the online record is allowed as registration in the System for Award Management is required.

14. Section 00201, Paragraph 4.v Evaluation Factors. The RFP states, “Also, per Section 00600 of the RFP, fill-out responses to FAR clause 52.219-1 “Small Business Program Representations” (APR 2012) and DFARS clause 252.209-7999 “Representations by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law” (Dev 2012-O0004)(JAN 2012).” The RFP does not include FAR clause 252.209-7999 that is to be filled out. However, FAR 252.209-7994 is included in the RFP. Are we to complete the latter FAR clause instead? If not, can you provide FAR 252.209-7999 to be filled out?

Government Response: DFARS 252.209-7994 is required. DFARS 252.209-7999 is not.

15. Attachment 8 Camp Pendleton Exhibit Line Item Numbers, Cell E141 (base and all option years); The offeror is to place is to place a fixed burden rate (FBR) in this cell. Will the percentage entered be the FBR on all task orders for the base and all option years?

Yes, the Fixed Burden Rate is required and will be applied to task orders upon award of the task order.

16. Attachment 8 Camp Pendleton Exhibit Line Item Numbers, Cell F141(base and all option years); The formula in this cell is “E141 * C141”. Is this correct? Or should it be “C141 + (E141*C141)” to match the example in B141?

Government Response: Attachment 8 has been revised; See AMD 0002 Section I, #9 above.

17. Attachment 8 Seal Beach Exhibit Line Item Numbers, Cell E141(base and all option years); The offeror is to place is to place a fixed burden rate (FBR) in this cell. Will the percentage entered be the FBR on all task orders for the base and all option years?

Government Response: Attachment 8 has been revised; See AMD 0002 Section I, #9 above.

18. Section 00201, Paragraph 2. Proposal Submittal Requirements; What dollar amount should the bid bond cover? Base year total? Some other amount?

Government Response: See RFI 9.

19. Exhibit D Items 1 and 2; The form requires EMR and DART rates for years 2010, 2011, and 2012. Would you prefer 2011, 2012, and 2013 data instead?

Government Response: See AMD 0002, Section I, #s 3 and 4 above.

SECTION 00010 - SOLICITATION CONTRACT FORM

The required response date/time has changed from 23-Jan-2014 11:00 AM to 30-Jan-2014 11:00 AM.

(End of Summary of Changes)

AMD 0002 LIST OF ENCLOSURES

ENCLOSURE 1 Revised Exhibit A

ENCLOSURE 2 Revised Exhibit B

ENCLOSURE 3 Revised Exhibit C

ENCLOSURE 4 Revised Exhibit D

ENCLOSURE 5 Revised Exhibit E

ENCLOSURE 6 Revised Factor 4 – Safety

ENCLOSURE 7 Davis Bacon Wage Determination

ENCLOSURE 8 Part 6, Attachment 14

ENCLOSURE 1

Exhibit "A"

Factor 1: Management Approach and Capabilities of the Offeror

EDWOSB Set-Aside for IDIQ Roofing

1. Name of the Prime Contractor/Offeror:

2. Bonding Capacity:

Single Aggregate

(Provide Letter from Surety verifying bonding capacities as separate enclosure.)

3. How many in-house personnel are employed by the Prime Contractor?

(Enter number in box below.)

4. What percentage of work will the Prime Contractor’s in-house employees perform?

(Enter percent in box below.)

5. In the box below, describe how the Prime contractor will ensure that it meets the percentage of work indicated above in accordance with the RFP requirements.

6. In the box below, describe the type of Roof related work, as prescribed in the technical specifications of the RFP that the Prime Contractor will self-perform on individual task orders.

7. Does the Offeror plan to use any type of affiliated company (joint venture partner, partner, team member, subcontractor, parent company, subsidiary, or etc.) in performance of this contract?

Yes No

8. If the answer to question 7 was "Yes", list the name of all affiliates, the role of the affiliate (i.e. subcontractor, parent company, subsidiary, etc.), and the type of work they will responsible to perform.

Provide required letter(s) of commitment for each affiliate as a separate attachment.

Affiliate Name Role of Affiliate

Type of work the affiliate will perform:

Affiliate Name Role of Affiliate

Type of work the affiliate will perform:

9. Describe the capabilities of the Offeror for each category in the boxes below. (Can be expanded to 1 double-sided page for the entirety of Question 9.)

Manpower:

Equipment:

Materials:

10. In the box below, describe the Offeror's ability to effectively manage and perform multiple task orders at various locations within the Activity’s boundaries as specified in the RFP.

11. In the box below, describe how the Offeror will effectively perform quality control management by explaining how they will go about selecting a Quality Control Manager (QCM) that meets the requirements of the RFP. Offerors shall also indicate how the QCM will manage the 3 phases of control as identified in the RFP.

ENCLOSURE 2

EXHIBIT B

FACTOR 2 - OFFEROR’S TEAM EXPERIENCE PROJECT DATA SHEET

The purpose of this form is to provide supporting project information for Factor 2, Experience of the Offeror and Offeror’s Team. This form is to be completed by the Offeror. Only projects that fit within the parameters of this factor will be evaluated. All other projects will be removed and discarded prior to evaluation.

1. Project No. (check one): - 1 - 2 - 3 - 4 - 5

2. Contract Number, Delivery/Task Order Number, Project Number, Title, and Location:

3. Award Date (mm/dd/yy):

100% Completion Date (mm/dd/yy):

If not completed, 80% Completion Date:

4. Estimated Construction Cost (ECC) :

Estimated Cost of Roof related work:

5. Type of Work (check all that apply):

New Construction Renovation /Alteration Repair

6. Type of Contract (check one):

IDIQ Contract Task Order Stand Alone Project

Other (explain):

7. Name Firm Who Performed the Work:

In what capacity did the firm perform the work on this project (check one):

1. Prime Contractor

2. Subcontractor

If the firm was the Subcontractor on this project, identify the name of the firm:

If the firm who performed this project differs from the Prime contractor proposing on this contract, identify relationship to the firm:

Subsidiary Parent Company Branch Office Satellite Office Predecessor Company Other:____________

8. Customer/Owner Information:

Customer Name:

Organization:

Address:

Point of Contact:

Phone Number:

E-mail address:

9. Identify proposed Offeror’s Team Participants (Prime, Subcontracting Firm, Affiliate and/or Subsidiary) who performed on this project.

10. Provide a detailed description (3-4 sentences) of the project and delineate specifically the work performed by each of the Offeror’s Team’s participants.

11. If experience submitted is for affiliates/subsidiaries/parent companies, provide a description of work that the firm will be performing for the solicited project.

ENCLOSURE 3

EXHIBIT C

NAVFAC PAST PERFORMANCE QUESTIONNAIRE FORM (PPQ)

CONTRACT INFORMATION (Contractor to complete Blocks 1‐4)

1. Contractor Information:

Firm Name:

Address:

Phone Number:

Point of Contact: Contact Phone Number:

2. Work Performed as: Prime Contractor Sub Contractor Joint Venture Other (Explain)

Percent of project work performed:

If subcontractor, who was prime (Name/Phone #):

3. Contract Information

Contract Number:

Delivery/Task Order Number (if applicable):

Title:

Location:

Award Date (mm/dd/yy):

Completion Date (mm/dd/yy):

Award Amount:

Final Price:

4. Project Description:

CLIENT INFORMATION (Client to complete Blocks 5‐8)

5. Client Information Name:

Title:

Phone Number:

Email Address:

6. Describe the client’s role in the project:

7. Date Questionnaire was completed:

8. Client’s Signature:

NOTE: NAVFAC REQUESTS THAT THE CLIENT COMPLETES THIS QUESTIONNAIRE AND SUBMITS DIRECTLY BACK TO THE OFFEROR. THE OFFEROR WILL SUBMIT THE COMPLETED QUESTIONNAIRE TO NAVFAC WITH THEIR PROPOSAL, AND MAY DUPLICATE THIS QUESTIONNAIRE FOR FUTURE SUBMISSION ON NAVFAC SOLICITATIONS. CLIENTS ARE HIGHLY ENCOURAGED TO SUBMIT QUESTIONNAIRES DIRECTLY TO THE OFFEROR. HOWEVER, QUESTIONNAIRES MAY BE SUBMITTED DIRECTLY TO NAVFAC. PLEASE CONTACT THE OFFEROR FOR NAVFAC POC INFORMATION. THE GOVERNMENT

RESERVES THE RIGHT TO VERIFY ANY AND ALL INFORMATION ON THIS FORM.

TO BE COMPLETED BY CLIENT

ADJECTIVE RATINGS AND DEFINITIONS TO BE USED TO BEST REFLECT

YOUR EVALUATION OF THE CONTRACTOR’S PERFORMANCE

E (EXCELLENT) – Performance meets contractual requirements and exceeds the Client’s/Government’s expectations. The contractual performance of the element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor were highly effective.

V (VERY GOOD) – Performance meets contractual requirements and exceeds some of the Client’s/Government’s expectations. The contractual performance of the element being assessed was accomplished with some minor problems for which corrective actions taken by the contractor were effective.

S (SATISFACTORY) – Performance meets contractual requirements. The contractual performance of the element contains some minor problems for which corrective action taken by the contractor appear or were satisfactory.

M (MARGINAL) –Performance does not meet some contractual requirements. The contractual performance of the element being assessed reflects a serious problem for which the contractor has not yet identified corrective actions. The contractor’s proposed actions appear only marginally effective or were not fully implemented.

U (UNSATISFACTORY) – Performance does not meet most contractual requirements and/or recovery is not likely in a timely manner. The contractual performance of the element contains serious problem(s) for which the contractor’s corrective actions appear or were ineffective.

N (NOT APPLICABLE) – No past performance record is identifiable or the element is not applicable to this project.

PLEASE CIRCLE THE ADJECTIVE RATING WHICH BEST REFLECTS

YOUR EVALUATION OF THE CONTRACTOR’S PERFORMANCE.

1. Ability to meet quality standards specified for technical performance.

E V S M U N

2. Compliance with contractual terms and conditions. E V S M U N

3. Compliance with contract delivery/completion schedules including any significant intermediate milestones.

E V S M U N

4. Quality/integrity of technical data/report preparation efforts.

E V S M U N

5. Adequacy/effectiveness of quality control program and adherence to contract quality assurance requirements.

E V S M U N

6. Effectiveness of overall contract management (including ability to effectively lead, manage and control the program).

E V S M U N

7. Effectiveness of on‐site management, including management of subcontractors?

E V S M U N

8. Contractor was reasonable and cooperative in dealing with your staff (including the ability to successfully resolve disagreements/disputes; responsiveness to administrative reports).

E V S M U N

9. Timeliness/effectiveness of contract problem resolution without extensive customer guidance.

E V S M U N

10. Ability to successfully respond to emergency and/or surge situations.

E V S M U N

11. Effectiveness of material management. E V S M U N

12. Effectiveness of acquisition management. E V S M U N

13. Contractor proposed innovative alternative methods/processes that reduced cost, improved maintainability or other factors that benefited the client.

E V S M U N

14. Contractor’s management of their safety program. E V S M U N

15. Responsiveness regarding safety issues. E V S M U N

16. If this was a cost type contract, compliance with established budgets and avoidance of significant and/or unexplained variances (underruns or overruns).

E V S M U N

17. If this is/was a Government cost type contract, the Contractor’s timeliness in submitting monthly invoices with appropriate back‐up documentation and monthly status reports/budget variance reports.

E V S M U N

18. If this is/was a Government cost type contract, the Contractor’s accuracy regarding monthly invoices with appropriate back‐up documentation and monthly status reports/budget variance reports.

E V S M U N

19. Ability to hire/apply a qualified workforce to this effort.

E V S M U N

20. Ability to retain a qualified workforce on this effort E V S M U N

21. If this is/was a Government contract, has/was this contract been partially or completely terminated for default or convenience or are there any pending terminations? Indicate if show cause or cure notices were issued, or any default action in comment section below.

Yes No

22. Have there been any indications that the contractor has had any financial problem? If yes, please explain below.

Yes No

23. In summary, provide an overall rating for the work performed by this contractor.

E V S M U N

Any additional comments related to the contractor’s performance:

ENCLOSURE 4

Exhibit "D" Factor 4: Safety

EDWOSB Set-Aside for IDIQ Roofing

1. Provide the Offeror's EMR for the following years, if you cannot provide an EMR for the year, affirmatively state so.

2011:

If you cannot provide an EMR for 2011 indicate why.

2012:

If you cannot provide an EMR for 2012 indicate why.

2013:

If you cannot provide an EMR for 2013 indicate why.

2. Provide the Offeror's DART for the following years, if you cannot provide a DART for the year, affirmatively state so.

2011:

If you cannot provide a DART for 2011 indicate why.

2012:

If you cannot provide a DART for 2012 indicate why.

2013:

If you cannot provide a DART for 2013 indicate why.

3 Has the Offeror or any of the Offeror's affiliates had any safety violations between the years of 2011 - 2013?

a

If the answer to question 3 is "Yes", describe the safety violation:

4 How will you implement and enforce safety procedures for your company?

5 How will you evaluate the safety performance for potential subcontractors when selecting all levels of subcontractors?

6 How will you manage and enforce the safety performance of selected subcontractors once work begins?

ENCLOSURE 5

EXHIBIT E - FINANCIAL QUESTIONNAIRE

Solicitation N62473-14-R-2201 (To be submitted by Offeror)

MCIWEST, ROICC Camp Pendleton, CA is currently requesting proposals for a Navy contract for IDIQ Roofing Construction Projects. As part of the proposal submission requirements, the Navy requests the financial information listed below with regard to our firm. In order to be responsive to the Navy’s needs, it is requested that you complete this financial questionnaire with regard to our firm. Upon completion of the questionnaire it is requested that you place the completed questionnaire in a sealed envelope showing the return address of the financial institution and forward it to the Prospective Contractor shown below. The requested information must be received by the contractor no later than __________________________ (Prospective Contractor is responsible to fill in date by which your response is needed) in order to meet the proposal submission deadline.

Prospective Contractor for which information is being requested:

Name: ______________________________________________________________ Address: ______________________________________________________________

City/State/Zip: ______________________________________________________________ Phone Number: ______________________________________________________________ Point of Contact: ______________________________________________________________

Signature of Prospective Contractor or Contractor Representative Requesting Financial Information:

Name of Financial Institution: ______________________________________________________ Address: __________________________________________________________________________ Phone Number: _________________________________________________________

a. Account(s):

Checking: Date Opened:_______________ *Average Balance :___________________________

Savings: Date Opened: _______________ *Average Balance: ___________________________

*Please note that the account balances may be provided by indicating a range, or only the number of figures, e.g., low five figures, high four figures, etc.

Loan(s): Date Opened: _______________ Original Amount:____________________________

Current Balance:____________________

b. Does the Contractor have a line of credit? Yes No

Customer’s Line of Credit: ___________________________

Expiration Date:______________________

Unused Balance: _________________

c. Would you be willing to grant this customer a Line of Credit Increase, or loan, if required?

What is the Contractor's relationship with the bank:

Outstanding Satisfactory Other (explain): ________________________________________________

How long has the Contractor been a client? ___________________________________________________________

Name of Person providing the above information

Signature and Title of Person providing the above information

Phone Number of Person providing the above information

Please provide any additional comments that may help determine business and financial reputation and integrity of the prospective contractor on a separate sheet.

ENCLOSURE 6

FACTOR 4 – SAFETY

(1) Solicitation Submittal Requirements:

The Offeror shall submit the following information in the Technical Proposal Volume II under Tab 3 using Exhibit D. (For a partnership or joint venture, the following submittal requirements are required for each contractor who is part of the partnership or joint venture. EMR and DART Rates shall not be submitted for subcontractors.)

(a) Experience Modification Rate (EMR):

For the three (3) previous complete calendar years (2011, 2012, and 2013), submit the Offeror’s EMR (which compares your company’s annual losses in insurance claims against its policy premiums over a three (3) year period). If you have no EMR, affirmatively state so, and explain why. Offeror’s shall provide a letter from their Insurance Company that verifies these rates or indicates that an EMR rate(s) was/were not issued. Any extenuating circumstances that affected the EMR and upward or downward trends should be addressed as part of this element.

(b) OSHA Days Away from Work, Restricted Duty, or Job Transfer (DART) Rate:

For the three (3) previous complete calendar years (2011, 2012, and 2013), submit your OSHA Days Away from Work, Restricted Duty, or Job Transfer (DART) Rate, as defined by the U.S. Department of Labor, Occupational Safety and Health Administration. If you cannot submit an OSHA DART Rate, affirmatively state so, and explain why. Any extenuating circumstances that affected the OSHA DART Rate data and upward or downward trends should be addressed as part of this element.

(c) Technical Approach for Safety:

Using Exhibit D, the Offeror shall answer Questions 3 – 6 to explain the plan that the Offeror will implement to:

Enforce safety procedures for itself How the Offeror will evaluate safety performance for potential subcontractors when selecting all levels of subcontractors How the Offeror will manage and enforce safety performance of selected subcontractors as a part of the selection process for all levels of subcontractors.

The responses to Questions 3-6 can be expanded up to two (2) pages total overall, not per question.

(2) Basis of Evaluation:

The Government is seeking to determine that the Offeror has consistently demonstrated a commitment to safety and that the Offeror plans to properly manage and implement safety procedures for itself and its subcontractors. The Government will evaluate the Offeror’s overall safety record, the Offeror’s plan to select and monitor subcontractors, any and innovative safety methods that the Offeror plans to implement for this procurement. The Government’s sources of information for evaluating safety may include, but are not limited to, OSHA, NAVFAC’s Facility Accident and Incident Reporting (FAIR) databases, and other related databases. While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete safety information regarding these submittal requirements rests with the Offeror. The evaluation will collectively consider the following:

- Experience Modification Rate (EMR)

- OSHA Days Away from Work, Restricted Duty, or Job Transfer (DART) Rate

- Offeror Technical Approach to Safety

- Other sources of information available to the Government

(a) Experience Modification Rate (EMR):

The Government will evaluate the EMR to determine if the Offeror has demonstrated a history of safe work practices taking into account any upward or downward trends and extenuating circumstances that impact the rating.

(b) OSHA Days Away from Work, Restricted Duty, or Job Transfer (DART) Rate:

The Government will evaluate the OSHA DART Rate to determine if the Offeror has demonstrated a history of safe work practices taking into account any upward or downward trends and extenuating circumstances that impact the rates.

(c) Technical Approach to Safety:

The Government will evaluate the Exhibit D responses to determine the degree to which the Offeror will enforce safety procedures for itself and subcontractors and how subcontractor safety performance will be considered in the selection of all levels of subcontractors on the upcoming project.

ENCLOSURE 7

General Decision Number: CA140001 01/10/2014 CA1

Superseded General Decision Number: CA20130001

State: California

Construction Types: Building, Heavy (Heavy and Dredging), Highway and Residential

County: San Diego County in California.

BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS; RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family homes and apartments up to and including 4 stories)

Modification Number Publication Date 0 01/03/2014 1 01/10/2014

ASBE0005-002 07/01/2013

Rates Fringes

Asbestos Workers/Insulator (Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems).....$ 34.51 18.55 Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls)...........................$ 24.34 16.09

ASBE0005-004 06/24/2013

Rates Fringes

Asbestos Removal worker/hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not)....$ 16.95 10.23

BOIL0092-003 10/01/2012

Rates Fringes

BOILERMAKER......................$ 41.17 28.27

BRCA0004-008 11/01/2012

Rates Fringes

BRICKLAYER; MARBLE SETTER........$ 33.75 14.55

BRCA0018-004 06/01/2012

Rates Fringes

MARBLE FINISHER..................$ 27.04 10.66

TILE FINISHER....................$ 22.37 9.19

TILE LAYER.......................$ 33.55 13.55

BRCA0018-010 09/01/2011

Rates Fringes

TERRAZZO FINISHER................$ 26.59 9.62

TERRAZZO WORKER/SETTER...........$ 33.63 10.46

CARP0409-002 07/01/2008

Rates Fringes

Diver

(1) Wet.....................$ 663.68 9.82

(2) Standby.................$ 331.84 9.82

(3) Tender..................$ 323.84 9.82

(4) Assistant Tender........$ 299.84 9.82

Amounts in "Rates' column are per day

CARP0409-008 08/01/2010

Rates Fringes

Modular Furniture Installer......$ 17.00 7.41

CARP0547-001 07/01/2009

Rates Fringes

CARPENTER

(1) Bridge.................$ 37.28 10.58

(2) Commercial Building....$ 32.30 10.58

(3) Heavy & Highway........$ 37.15 10.58

(4) Residential Carpenter..$ 25.84 10.58

(5) Residential Insulation Installer........$ 18.00 8.16

MILLWRIGHT.......................$ 37.65 10.58

PILEDRIVERMAN....................$ 37.28 10.58

CARP0547-002 07/01/2009

Rates Fringes

Drywall

(1) Work on wood framed construction of single family residences, apartments or condominiums under four stories Drywall Installer/Lather...$ 21.00 8.58 Drywall Stocker/Scrapper...$ 11.00 6.67

(2) All other work Drywall Installer/Lather...$ 27.35 9.58 Drywall Stocker/Scrapper...$ 11.00 6.67

ELEC0569-001 06/03/2013

Rates Fringes

Electricians (Tunnel Work) Cable Splicer...............$ 43.78 3%+11.87 Electrician.................$ 43.03 3%+11.87 Electricians: (All Other Work, Including 4 Stories Residential) Cable Splicer...............$ 39.00 3%+11.87 Electrician.................$ 38.25 3%+11.87

* ELEC0569-005 12/01/2013

Rates Fringes

Sound & Communications Sound Technician............$ 27.87 3%+10.81 Soundman....................$ 22.30 3%+9.17

SOUND TECHNICIAN: Terminating, operating and performing final check-out

SOUNDMAN: Wire-pulling, splicing, assembling and installing devices

SCOPE OF WORK Assembly, installation, operation, service and maintenance of components or systems as used in closed circuit television, amplified master television distribution, CATV on private property, intercommunication, burglar alarm, fire alarm, life support and all security alarms, private and public telephone and related telephone interconnect, public address, paging, audio, language, electronic, background music system less than line voltage or any system acceptable for class two wiring for private,…