Amendment 0014_P1238_30JUN25.pdf

AMENDMENT 0014

Date: June 30, 2025

Solicitation No.: N62473-24-R-5227

P-1238 CONSTRUCTION OF GRID STABILITY & RESILIENCY 10MW BATTERY ENERGY

STORAGE MARINE CORPS AIR GROUND COMBAT CENTER

TWENTYNINE PALMS, CALIFORNIA

The purpose of this amendment is to adjust the proposal due date and incorporate the requirement for Project Labor Agreement (PLA) into the SF1442 and RFP Part 1.

1. REVISE THE PHASE TWO PROPOSAL DUE DATE AND TIME:

FROM:

Thursday, June 26, 2025 at 2:00 PM, Pacific Daylight Time (PDT)

TO:

Tuesday, July 15, 2025 at 2:00 PM, Pacific Daylight Time (PDT)

2. REVISE ‘INSTRUCTIONS TO OFFERORS’ SECTION 2, UNDER ‘INSTRUCTIONS TO FOR

ELECTRONIC SUBMISSION OF PROPOSALS ARE PROVIDED BELOW.’ OF THE SF1442 AND

SECTION 5, ‘INSTRUCTION FOR SUBMISSION OF PHASE TWO PROPOSALS USE THE DOD

SAFE ‘DROP-OFF’ FEATURE OF THE REQUEST FOR PROPOSAL (RFP) PART 1:

Note: The Offeror may request the DoD Safe drop-off request code at any time before the Phase Two proposal due date 2:00 PM (Pacific Daylight Time (PDT)) on July 03, 2025.

No earlier than two (2) calendar days prior to the Phase Two proposal due date, the Contract Specialist or Contracting Officer will send a “Request Code” to the Offeror’s specified POC via the email address provided.

Only the Offeror’s identified POC will be able to drop off the proposal or proposal revisions in DoD SAFE.

Failure to provide accurate POC information will preclude the Offeror from using DoD SAFE.

TO:

Note: The Offeror may request the DoD Safe drop-off request code at any time before the Phase Two proposal due date 2:00 PM (Pacific Daylight Time (PDT)) on July 15, 2025.

No earlier than Thursday, July 12, 2025, the Contract Specialist or Contracting Officer will send a “Request Code” to the Offeror’s specified POC via the email address provided. Only the Offeror’s identified POC will be able to drop off the proposal or proposal revisions in DoD SAFE. Failure to provide accurate POC information will preclude the Offeror from using DoD SAFE.

3. ADD THE FOLLOWING TO FACTOR 7: PRICE, PROPOSAL SUBMISSION REQUIREMENT IN

THE SF1442 AND RFP PART 1 SECTION 5 AS FOLLOWS:

Offerors are instructed to electronically submit their complete proposal in two (2) separate files, formatted in Portable Document Format (PDF) with a .pdf file extension as follows:

File #1: Factor 5, Technical Solution and Factor 6, Small Business Utilization and Participation File #2: Factor 7, Price

With regard to price as shown on the SF 1442, the only Contract Line Item that Offerors are to complete is Line Item 0001.

Failure to submit a Bid Bond conforming to the requirements of the solicitation may result in an Offeror's proposal being rejected as unacceptable

TO:

Offerors are instructed to electronically submit their complete proposal in two (2) separate files, formatted in Portable Document Format (PDF) with a .pdf file extension as follows:

File #1: Factor 5, Technical Solution and Factor 6, Small Business Utilization and Participation File #2: (1.) Factor 7, Price

• Standard Form (SF) 1442 (Solicitation, Offer and Award)

• Bid Bond (in the amount of 20% of the proposal price or $3,000,000, whichever is less)

(2.) Responsibility Determination Documentation

• Current VETS-4212 registration

• Completed provisions

(3.) Project Labor Agreement (PLA)

With regard to price as shown on the SF 1442, the only Contract Line Item that Offerors are to complete is Line Item 0001.

Failure to submit a Bid Bond conforming to the requirements of the solicitation may result in an Offeror's proposal being rejected as unacceptable

Responsibility Determination Documentation: The following documentation is a solicitation submittal requirement and shall be submitted within File #2 of the complete proposal:

1) Current VETS-4212 registration. Upon the successful submission of a VETS-4212 report, federal contractors will receive an email confirmation of receipt notification for their records. Offerors shall include a copy of their confirmation notification email in their proposal as verification of submission for the current reporting period.

DO NOT SUBMIT A COPY OF THE REPORT ITSELF.

2) Project Labor Agreement (PLA). Executive Order 14063 mandates that Federal Government agencies require the use of PLAs for large-scale Federal construction projects (including orders under indefinite-delivery indefinite quantity (IDIQ) contracts) within the United States where the total estimated cost to the Government is $35 million or more, unless an exception applies. Additionally, subcontractors are not required to sign the PLA prior to submission, but in accordance with FAR 52.222-33, the Offeror shall require its subcontractors to become a party to the resulting project labor agreement. FAR 22.502 defines a PLA as a pre-hire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project and is an agreement described in 29 U.S.C. 158(f). Reference provision 52.222-33, Notice of Requirement for Project Labor Agreement, and clause 52.222-34 Alternate II, Project Labor Agreement in provision and clause section of the solicitation. Failure to provide a PLA, when required with the offer, will result in a proposal that is nonresponsive and ineligible for contract award.

3) Completed Section 00 45 00 – Representations and Certifications: 52.204-7 System for Award Management (OCT 2018), 52.204-8 Annual Representations and Certifications (MAR 2025) (DEVIATION 2025-O0004), 52.204-20 Predecessor of Offeror (AUG 2020), 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021), 52.204-29 Federal Acquisition Supply Chain Security Act Orders – Representations (DEC 2023), 52.209-7 Information Regard Responsibility Matters (OCT 2018), 52.219-1 Small Business Program Representations (FEB 2024), 52.222-38 Compliance with Veteran’s Employment Reporting Requirements (FEB 2016), 252.203-7005 Representation Relating to Compensation of Former DoD Officials (SEP 2022), 252.204-7016 Covered Defense Telecommunications Equipment or Services – Representation (DEC 2019), 252.204-7017 Prohibition on the

Acquisition of Covered Defense Telecommunications Equipment or Services – Representations (MAY 2021), 252.219-700 Advancing Small Business Growth (JUN 2023), 252.225–7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region–Representation (JUN 2023), 252.232-7015 Performance-Based Payments-Representation (DEC 2022).

4. ADD THE FOLLOWING PROVISIONS BY FULL TEXT:

52.222-33 NOTICE OF REQUIREMENT FOR PROJECT LABOR AGREEMENT (JAN 2024)

(a) Definitions. As used in this provision, the following terms are defined in clause 52.222–34, Project Labor Agreement, of this solicitation “construction,” “labor organization,” “large-scale construction project,” and “project labor agreement.”

(b) Offerors shall—

(1) Negotiate or become a party to a project labor agreement with one or more labor organizations for the term of the resulting construction contract; and

(2) Require its subcontractors to become a party to the resulting project labor agreement.

(c) The project labor agreement reached pursuant to this provision shall-

(1) Bind the Offeror and subcontractors engaged in construction on the construction project to comply with the project labor agreement;

(2) Allow the Offeror and all subcontractors to compete for contracts and subcontracts without regard to whether they are otherwise parties to collective bargaining agreements;

(3) Contain guarantees against strikes, lockouts, and similar job disruptions;

(4) Set forth effective, prompt, and mutually binding procedures for resolving labor disputes arising during the term of the project labor agreement;

(5) Provide other mechanisms for labor-management cooperation on matters of mutual interest and concern, including productivity, quality of work, safety, and health; and

(6) Fully conform to all statutes, regulations, Executive orders, and agency requirements.

(d) Any project labor agreement reached pursuant to this provision does not change the terms of the resulting contract or provide for any price adjustment by the Government.

(e) The Offeror shall submit to the Contracting Officer a copy of the project labor agreement with its offer.

(End of Provision)

5. ADD THE FOLLOWING PROVISIONS BY FULL TEXT:

52.222-34 PROJECT LABOR AGREEMENT, ALTERNATIVE II (JAN 2024)

(a) Definitions. As used in this clause-

Construction means construction, reconstruction, rehabilitation, modernization, alteration, conversion, extension, repair, or improvement of buildings, structures, highways, or other real property.

Labor organization means a labor organization as defined in 29 U.S.C. 152(5) of which building and construction employees are members.

Large-scale construction project means a Federal construction project within the United States for which the total estimated cost of the construction contract(s) to the Federal Government is $35 million or more.

Project labor agreement means a pre-hire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project and is an agreement described in 29 U. S.C.158(f).

(b) When notified by the agency ( e.g., by the notice of intent to place an order under 16.505(b)(1)) that this order will use a project labor agreement, the Contractor shall negotiate or become a party to a project labor agreement with one or more labor organizations for the term of the order. The Contracting Officer shall require that an executed copy of the project labor agreement be submitted to the agency—

(1) With the order offer;

(2) Prior to award of the order; or

(3) After award of the order.

(c) The project labor agreement reached pursuant to this clause shall—

(1) Bind the Contractor and subcontractors engaged in construction on the construction project to comply with the project labor agreement;

(2) Allow all contractors and subcontractors to compete for contracts and subcontracts without regard to whether they are otherwise parties to collective bargaining agreements;

(3) Contain guarantees against strikes, lockouts, and similar job disruptions;

(4) Set forth effective, prompt, and mutually binding procedures for resolving labor disputes arising during the term of the project labor agreement;

(5) Provide other mechanisms for labor-management cooperation on matters of mutual interest and concern, including productivity, quality of work, safety, and health; and

(6) Fully conform to all statutes, regulations, Executive orders, and agency requirements.

(d) Any project labor agreement reached pursuant to this clause does not change the terms of this contract or provide for any price adjustment by the Government.

(e) The Contractor shall maintain in a current status throughout the life of the order any project labor agreement entered into pursuant to this clause.

(f) Subcontracts. For each order that uses a project labor agreement, the Contractor shall—

(1) Require subcontractors engaged in construction on the construction project to agree to any project labor agreement negotiated by the prime contractor pursuant to this clause; and

(2) Include the substance of paragraphs (d) through (f) of this clause in subcontracts with subcontractors engaged in construction on the construction project.

(End of clause) https://www.govinfo.gov/link/uscode/29/152 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/16.505#FAR_16_505

6. ALL OTHER PARAGRAPHS, PROVISIONS, AND CONDITIONS OF SOLICITATION N62473-24-R-

5227 PLANNED REMAIN UNCHANGED. THE OFFEROR MUST ACKNOWLEDGE RECEIPT OF

ALL AMENDEMENTS ON THE OFFER SCHEDULE.

Enclosure:

1. P1238 Final RFP_Part 1_Phase Two_AMEND 0014_REVISED_01JUL2025

2. Section 00 45 00 Reps and Certs_24R5227_AMEND0014