Amendment_No._0001.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

SOLICITATION NO. N62478-19-R-4039, DESIGN-BUILD, DESIGN-BID-BUILD SMALL BUSINESS ROOFING MULTIPLE AWARD CONSTRUCTION

CONTRACT (DB/DBB SB ROOFING MACC), VARIOUS LOCATIONS, STATE OF HAWAII

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

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

16C. DATE SIGNED

BY 07-Aug-2019

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 N6247819R4039

X 9B. DATED (SEE ITEM 11)

01-Aug-2019

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

07-Aug-2019

CODE

NAVFAC HAWAII

CONSTRUCTION ACQUISITION DIV (OPHA2)

400 MARSHALL ROAD

JBPHH HI 96860-3139

N62478 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N6247819R4039

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

(REVISED) SUMMARY OF CHANGES

Add Document 00800 – Special Contract Requirements

(End of Summary of Changes)

DOCUMENT 00800

SPECIAL CONTRACT REQUIREMENTS

SPECIAL CONTRACT REQUIREMENTS

TABLE OF CONTENTS

PART I. CONTRACT TYPE/PERFORMANCE SPECIAL CONTRACT REQUIREMENTS

1.1 PERFORMANCE LOCATION

1.2 PERFORMANCE PERIOD OF CONTRACT

1.3 MINIMUM AND MAXIMUM AMOUNT OF TASK ORDERS

1.4 ELECTRONIC COMMERCE

1.5 DIRECTIVES

1.6 CONSTRUCTION WAGE RATE REQUIREMENTS STATUTE WAGE DECISIONS

PART II. CONTRACT ADMINISTRATION DATA

2.1 DESIGNATION OF ADMINISTRATIVE CONTRACTING OFFICER

2.2 HAWAII OFFICE

2.3 TRAVEL COSTS

2.4 HOLIDAYS

2.5 TASK DESCRIPTION

2.6 TASK ORDER ADMINISTRATION

2.7 INVOICES

2.8 NOTICE OF CONSTRUCTIVE CHANGES

PART III. TASK ORDER ISSUANCE PROCEDURES

3.1 TASK ORDER PROPOSAL SUBMISSION PROCEDURES

3.2 TASK ORDER AWARD PROCEDURES FOR MULTIPLE AWARD CONTRACTS

PART I – CONTRACT TYPE/PERFORMANCE SPECIAL CONTRACT REQUIREMENTS

1.1 PERFORMANCE LOCATION

(A) The work is located on Department of Defense (DoD) installations within the State of Hawaii including, but not limited to, Joint Base Pearl Harbor-Hickam (JBPHH), Marine Corp Base Hawaii (MCBH), Camp Smith, Pacific Missile Range Facilities (PMRFs), and other Federal facilities in the NAVFAC Hawaii area of responsibility.

(B) The exact locations of the work will be indicated by the Contracting Officer in each task order.

1.2 PERFORMANCE PERIOD OF CONTRACT

(A) The contract term shall be for a period of one year after award of a contract and shall include four 12-month option periods.

(B) The Government has the option to extend the term of the contract in accordance with FAR 52.217-9, OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000), in Document 00700.

1.3 MINIMUM AND MAXIMUM AMOUNT OF TASK ORDERS

(A) The Contractor shall, upon receipt of a duly executed task order, perform all work required of this contract and such further requirements as may be contained in the task order for projects described in said task order. The Contractor shall complete all work under this contract within the period of time specified in said task order.

(B) The Government may or may not award a Seed Project as the minimum guarantee to the lowest price technically acceptable Offeror and a minimum guarantee of $5,000 to the other successful Offeror(s) for the base period only. As task orders are issued, the minimum guaranteed amount will be deobligated from the basic contract until the entire amount of $5,000 is expended.

(C) The minimum and maximum task order dollar values are $500,000 and $8,000,000, respectively. The Contractor is required to submit a proposal if a task order RFP is issued for any work designated within this range of $500,000 to $8,000,000. The Contractor is not obligated to submit a proposal if a task order RFP is issued for any work outside of this range.

1.4 ELECTRONIC COMMERCE

The Government may issue documents using electronic commerce methods such as electronic mail (“email”) and facsimile (“fax”) in lieu of mailing. Examples of such documents include, but are not limited to, general correspondence; direction letters; Request for Proposals; Task Orders; and contract modifications. The Government will use the email address and/or fax number provided by the contractor. The contractor is responsible for providing the Government with current and accurate information. If the Government issues the documents via email, successful transmission of the document, as evidenced by the “Sent” date shown on the Government’s email system, will constitute official issuance of the document. The date and time recorded on the “Sent” email will be the official date and time of receipt by the contractor. If the Government issues the documents via fax, successful transmission of the document, as evidenced by the fax confirmation report, will constitute official issuance of the document. The date and time recorded on the fax confirmation report will be the official date and time of receipt by the contractor.

1.5 DIRECTIVES

The Contractor shall follow applicable Department of Defense (DoD), Secretary of the Navy (SECNAV), Chief of Naval Operations (OPNAV) directives, and other directives, instructions, and regulations.

The Contractor shall utilize all items proposed (e.g., key personnel, designers, subcontractors, etc.) for the duration of the contract. For each design-build task order RFP the Contractor shall utilize their proposed design team as submitted for selection in the basic contract. Any substitutions will be equal or better than as proposed and accepted for contract award and shall require prior Contracting Officer's approval.

1.6 CONSTRUCTION WAGE RATE REQUIREMENTS STATUTE WAGE DECISIONS

(A) The Construction Wage Rate Requirements Statute Wage Decision, included in the award of a contract will remain in effect for the duration of the base period. At the time the Contracting Officer elects to exercise an option period, an updated Wage Decision will be incorporated into the contract. The updated Wage Decision will remain in effect for the life of the option period.

(B) The Construction Wage Rate Requirements Statute Wage Decision provided as Document 00830 is to be used in the pricing of the seed project, which may or may not be awarded.

PART II. CONTRACT ADMINISTRATION DATA

2.1 DESIGNATION OF ADMINISTRATIVE CONTRACTING OFFICER

Upon award of a contract, the Procuring Contracting Officer will designate the Administrative Contracting Officer in writing. Subsequent to award of the basic contract, all communication and correspondence shall be through the Administrative Contracting Officer.

2.2 HAWAII OFFICE

In order to provide for continued support to the Government, the Contractor shall maintain an office and staff on Oahu, Hawaii. The Government will not directly reimburse the Contractor for costs associated with setting up an office and staff on Oahu, Hawaii. Additionally, the Government will not directly reimburse the Contractor for relocation costs. The Contractor shall provide a telephone number at which a Contractor representative can be contacted, 24 hours a day, 7 days a week, by the Government in case of emergencies. The Contractor's representative shall be authorized to negotiate and obligate the Contractor.

2.3 TRAVEL COSTS

Performance under this contract may require travel by Contractor personnel. If travel is required and negotiated under a task order, the Contractor is responsible for making all needed arrangements for personnel. This may include medical examinations and security clearances. Miscellaneous charges, such as above, incurred due to required travel under the contract will not be billed by the Contractor as a direct charge. The Government may reimburse the Contractor for allowable travel costs incurred by the Contractor in performance of the contract.

Allowable travel is noted as travel specifically authorized by the Government. NOTE: Relocation of personnel to perform the work stated under the contract will not be reimbursed by the Government as a direct charge under the resultant contract. The provisions of the Joint Travel Regulations (JTR) will apply.

2.4 HOLIDAYS

(A) All or a portion of the effort under this contract will be performed on Government installations. Listed below are the holidays observed by the Federal Government. The Contractor will not be allowed to work on the Government installation on these days.

NAME OF HOLIDAY TIME OF OBSERVANCE

New Year’s Day 01 January Martin Luther King Jr. Day Third Monday in January President’s Day Last Monday in February Memorial Day Last Monday in May Independence Day 04 July Labor Day First Monday in September Columbus Day Second Monday in October Veteran’s Day 11 November Thanksgiving Day Fourth Thursday in November

Christmas Day 25 December

(B) In the event any of the above holidays occur on a Saturday or a Sunday, then such holiday shall be observed by the Contractor in accordance with the practice as observed by the assigned Government employees at the using activity.

(C) If the Contractor is prevented from performance as the result of an Executive Order or an administrative leave determination applying to the using activity, notify the Contracting Officer immediately.

2.5 TASK DESCRIPTION

Technical specifications will be provided with each individual Task Order RFP.

2.6 TASK ORDER ADMINISTRATION

(A) Pre-construction Conference. Prior to commencement of each task order awarded, the Contractor shall attend a pre-construction conference conducted by the Government. Specific work requirements, safety requirements, quality control and quality assurance requirements and any other pertinent or relevant information shall be discussed.

(B) Performance Evaluation Meetings. The Contractor shall meet with the Government as often as necessary at the discretion of the Contracting Officer, but no less than monthly. A mutual effort will be made to resolve all problems identified. The written minutes of these meetings, prepared by the Government, shall be signed by the Contractor's representative and the Government's representative. Should the Contractor not concur with the minutes, the Contractor shall state, in writing, to the Contracting Officer any areas of disagreement within seven calendar days.

(C) Performance Evaluation. The Government will issue a Performance Evaluation, DD2626, upon completion of work that exceeds $700,000. This evaluation will be entered into the Contractor Performance Assessing Reporting System (CPARS). During the construction work, should the Contractor fail to perform at least satisfactorily, the Government will issue interim performance evaluations.

(D) Modifications. The following NAVFAC Standard rates will be used for contract modifications:

(i) Ten percent of labor, material and equipment estimates in lieu of field office overhead (FOOH)

(ii) Five percent of subcontract estimates (OH on Sub)

(iii) Three percent of the total labor, material and equipment estimates and the amount computed by (i) above in lieu of home office overhead (HOOH)

NAVFAC Standard Rates are all-inclusive for overhead costs. Overhead costs are those costs, which cannot be attributed to a single task of construction work. The Contracting Officer will determine if a cost is considered a direct cost or overhead cost.

Overhead costs which are provided for through the NAVFAC Standard FOOH include, but are not limited to the following:

Job supervision, including field superintendent and SSHO

Office or clerical personnel

Project/program Manager

Quality control manager

Engineering and shop drawings/surveys

Site security

Field Office such as temporary job-site facilities, which includes operations, maintenance and utilities

Transportation vehicles for field office personnel

Janitorial services and supplies

Office supplies

Scheduling and Reports, including updates and changes

Temporary protection and Occupational Safety and Health Administration (OSHA) requirement

Telephone and communications

Permits and licenses

Small Tools

Site Cleanup

Estimating costs

Equipment costs not chargeable to a specific task

Safety Program including awards, stand-down and training

In addition, the costs of mobilization and preparatory work, including the setup and removal of construction facilities and equipment are part of overhead costs unless there is a specific bid item.

Overhead costs which are provided for through the NAVFAC Standard HOOH include, but are not limited to the following G&A type costs in accordance with the FAR and Generally Accepted Accounting Principles (GAAP):

Office Salaries, including but not limited to administrative and executive pay

Office Rent

Utilities

Telephone and communications

Office Equipment and supplies

Payroll Taxes

Depreciation

Purchasing

Expediting

Insurance

Labor Relations

Travel

Employee Morale

Professional and Consultant Services

OVERHEAD RATES FOR CONSTRUCTION CONTRACTS

It is imperative that contractors are aware that they must consistently use a single distribution base for computing job site overhead. A contractor must use either a per diem rate or a percentage mark-up to compute job site overhead costs on all changes.

For each task order, switching between a time distribution base (per diem rate) and a direct cost distribution base (percentage markup) will not be allowed as it is considered a violation of the FAR requirements for a single distribution base for allocating a given overhead pool, as well as a violation of GAAP.

Should the contractor choose to propose using its own overhead rates, the contractor shall have the proper documentation for their proposed rates readily available within 30 calendar days after the task order award. The documentation shall contain relevant information to substantiate their proposed rates and shall be complete, current, and accurate. This documentation may include but is not limited to independently audited company financial statements and forward pricing agreements with Defense Contract Management Agency (DCMA) or Defense Contract Audit Agency (DCAA). The contractor is responsible for any delays in providing appropriate documentation to the government.

(E) Final Inspection.

(1) A final inspection of the work will be conducted concurrently by the Government and the Contractor’s representatives.

(2) See Inspection and Acceptance; FAR 52.246-12, INSPECTION OF CONSTRUCTION (AUG

1996); FAR 52.246-13, INSPECTION—DISMANTLING, DEMOLITION, OR REMOVAL OF

IMPROVEMENTS (AUG 1996).

(F) Contractor's Release. The Government will pay the final amount due the Contractor for each task order under this contract after --

(1) Completion and acceptance of all work for each task order;

(2) Presentation of a properly executed invoice and required submittals; and

(3) Presentation of release of all claims for each task order against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

(G) Equitable Adjustments - Waiver and Release of Claims.

(1) Whenever the Contractor submits a claim for equitable adjustment under a clause of this contact which provides for equitable adjustment of the contract, such claim shall include all types of adjustments in the total amounts to which the clause entitles the Contractor, including, but not limited to, adjustments arising out of delays or disruptions or both caused by the change. Except as the parties may otherwise expressly agree, the Contractor shall be deemed to have waived: (1) adjustments to which it otherwise might be entitled under the clause where such claim fails to request such adjustments; and (2) increase in the amount of equitable adjustments additional to those requested in the Contractor's claim.

(2) The Contractor agrees that, if required by the Contracting Officer, the Contractor shall execute a release, in form and substance satisfactory to the Contracting Officer, as part of the supplemental agreement setting forth the aforesaid equitable adjustment. The Contractor further agrees that such release shall discharge the Government, its officers, agents and employees, from any further claims, including, but not limited to, further claims arising out of delays or disruptions caused by the aforesaid change.

(H) No Waiver by Government. The failure of the Government in one or more instances to insist upon the strict performance of any of the terms of this contract or to exercise any option herein conferred shall not be construed as a waiver or relinquishment to any extent of the right to assert or rely upon such terms or option on a future occasion.

2.7 INVOICES

Designated paying office will be determined upon award of individual Task Orders under this contract. Invoices will be processed through the designated Administrative Contracting Officer.

2.8 NOTICE OF CONSTRUCTIVE CHANGES

No order, statement, or direction of the Contracting Officer, an authorized representative of the Contracting Officer whether or not acting within the limits of his authority, or any other representative of the Government, shall constitute a change order under the “Changes” clause of this contract or entitle the contractor(s) to an equitable adjustment of the price or delivery schedule, unless such a change is issued in writing and signed by the Contracting Officer.

PART III. TASK ORDER ISSUANCE PROCEDURES

3.1 TASK ORDER PROPOSAL SUBMISSION PROCEDURES

The Government intends to award multiple awards from this solicitation, therefore, the following task order award procedures will apply to all task orders awarded under the resultant contracts.

(A) Project Scope.

(1) The Contracting Officer will issue a Request for Proposal for each Task Order requirement to all Contractors. If the magnitude of the construction project is between $500,000 and $8,000,000, the Contractor shall submit a proposal. If the magnitude of the construction project is outside of this range, the Contractor may refuse to submit a proposal by notifying the Contracting Officer in writing, stating the reasons for the refusal. Should a Contractor not submit a proposal and does not have sound reasoning for the refusal, the Government may elect not to exercise that Contractor’s next option period. Should the Government not receive any proposals, the Government may issue an order unilaterally under the terms of the contract, to the Contractor it deems most capable of completing the work or solicit the requirement under other contracts or on the open market.

(2) The project scope may contain full plans and specifications, modified design-build specifications and drawings, or two-phase design build.

(B) Questions. Questions regarding the contents of the RFP shall be forwarded in writing to the designated Contracting official noted in the RFP. All questions shall be submitted in writing.

(C) Contractor’s Proposal.

(1) The proposal shall be submitted within the time frame set in the RFP. Late proposals will be subject to FAR 52.215-1 Instructions to Offerors—Competitive Acquisition (JAN 2017).

(2) The Contractor shall submit their proposal in a format acceptable to the Contracting Officer. An acceptable format will be stated in the RFP and may include the following:

a. A price, either in a lump sum format, or in such detail as specified by the Contracting Officer.

b. A narrative of the methodology of conducting the work,

c. A project schedule (as required by each Task Order RFP) in a format as specified by the Contracting Officer.

1.) A preliminary project schedule shall accompany each Contractor task order proposal.

Upon completion of negotiations and award of the task order, the Contractor shall submit the original and two copies of the revised, satisfactory Schedule to the Contracting Officer. An updated schedule shall be provided to the Contracting Officer with each request for partial payment.

2.) Note: Testing of contaminated materials is required to be conducted by the Contractor.

Time to conduct testing of contaminated materials is to be shown on the construction schedule and shall reflect a reasonable time to complete. As this requirement will be a part of the scope of work, if applicable, claims of delay by the Government for “idle” time cannot be submitted.

d. Supporting documentation for subcontract, material, and equipment costs, if specified by the Contracting Officer.

(D) Acceptance of the Contractor’s Proposal. The Contracting Officer may accept a proposal without any discussions or may negotiate with all Contractors determined to be within a competitive range. Upon acceptance of the proposal or completion of negotiations, the Contracting Officer will issue the task order as a firm fixed price task order. The Contractor will complete the work at the accepted price. The Government will modify the task order only for unforeseen conditions and changes in scope.

3.2 TASK ORDER AWARD PROCEDURES FOR MULTIPLE AWARD CONTRACTS

The Government intends to make multiple awards resulting from this solicitation. The following procedures will be followed when awarding task orders under the multiple award contracts.

(A) Selection Criteria. The task order award criteria will be specified in each RFP issued for task order award or as specified by the Contracting Officer. Price will always be a factor. Task order awards may be based on price alone, or may be awarded based on evaluation factors indicated in the RFP. Failure to prosecute the work diligently on a currently awarded Task Order will be cause for the Contracting Officer not to include the contractor in the competitive fair-opportunity pool for future Task Orders. When the contractor’s delinquency has been corrected, they will be considered for competition in future Task Orders.

(B) Task Orders may be awarded on the basis of Best Value (either Lowest Price Technically Acceptable (LPTA) or Trade Off) to the contractor whose offer is the most advantageous to the Government considering the criteria specified. The basis for award will be stated in the RFP. Whenever possible, award will be made without discussions. If discussions are required, each contractor will be requested to provide a final proposal revision, unless eliminated from discussions through the establishment of a competitive range. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(C) The Government will give fair consideration to all Contractors prior to awarding each task order unless the Contracting Officer applies one of the exceptions noted in Document 00800. The Government may use oral proposals and streamlined procedures when selecting a Contractor for the order. In addition, the Contracting Officer need not contact each of the Contractors under the contract before selecting the Contractor for an order if the Contracting Officer has information available to ensure that each Contractor is provided a fair opportunity to be considered for each order.

(D) Contractors need not be given an opportunity to be considered for a particular order if the Contracting Officer determines that:

(1) The Government’s need for such services is of such urgency that providing such opportunity would result in unacceptable delays;

(2) Only one such Contractor is capable of providing such services required at the level of quality required because the services ordered are unique or highly specialized;

(3) The order may be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract provided that all Contractors were given a fair opportunity to be considered for the original orders; or

(4) It is necessary to place an order to satisfy a minimum guarantee.

(E) The Contractor may not protest the issuance or proposed issuance of a task order, except for—

(1) A protest on the grounds that the order increases the scope, period, or maximum value of the contract; or

(2) A protest of an order valued in excess of $25 million. Protests of orders in excess of $25 million may only be filed with the Government Accountability Office, in accordance with the procedures at FAR 33.104

The Government will designate an Ombudsman who will review complaints from the Contractors and ensure that all Contractors are afforded a fair opportunity to be considered, consistent with the procedures in the contract. The Ombudsman shall be a Government official who is independent of the Contracting Officer.

End of document