23R1318-AMD3.pdf

RFP No. N6274223R1318 Amendment No. 0003

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

SOLICITATION, OFFER, AND AWARD (SF1442)

Delete pages 3 through 5 in its entirety and replace with the attached pages 3 through 5

DOCUMENT 00 21 16, INSTRUCTIONS TO PROPOSERS – TABLE OF CONTENTS

1.3 INSTRUCTIONS FOR SUBMITTING QUESTIONS REGARDING SOLICITATION

Within the first sentence, delete chelan.n.crane.civ@us.navy.mil and replace with ann.h.sakieli.civ@us.navy.mil

PROJECT TABLE OF CONTENTS

Delete Section 01 20 00.00 20, PRICE AND PAYMENT PROCEDURES, in its entirety

Section 01 20 00, PRICE AND PAYMENT PROCEDURES, is added to the Project Table of Contents and accompanies this amendment

SOLICITATION, OFFER, AND AWARD (SF1442), CONTINUED

PRICE PROPOSAL SCHEDULE

RFP NO. N62742-23-R-1318

FY22 MCAF PROJECT PAF160700 SQUADRON OPERATIONS FACILITY,

ROYAL AUSTRALIAN AIR FORCE BASE DARWIN, AUSTRALIA

RFP N62742-23-R-1318

SF1442 Continued

Amendment No. 0003

ITEM

NO.

DESCRIPTION

QTY

UNIT OF

ISSUE

UNIT

PRICE

AMOUNT

0001AA BASE ITEM: The basis for SLIN 0001AA is the price for all work complete and in accordance with the drawings and specifications for WON 1641238 but not including work specified in any other SLINs/CLINs.

1 Lump Sum $_____________

0001AB The basis for SLIN 0001AB is the price for all labor, material, and equipment to haul and dispose of asbestos impacted soil off site.

Cubic

Meters (CM)

@ $_______/CM = $_____________

0001AC The basis for SLIN 0001AC is the price for and dispose of lead impacted soil off site.

Cubic

0001AD The basis for SLIN 0001AD is the price for and dispose of PFAS impacted soil on site at an approved PFAS impacted soil stockpile.

Cubic

0001AE The basis for SLIN 0001AE is the price for all labor, material, and equipment to import clean suitable fill to replace unsuitable excavated clean soils discovered by excavation for foundations or utilities.

Cubic

CLIN 0001 TOTAL (SLINs 0001AA through 0001AE) $_____________

0002AA PLANNED MODIFICATION –

Furniture, Fixtures, and Equipment for Base Item

Gov’t

Estimated Amount

$345,000

0002AB Handling and Administrative Rate (HAR)

NTE 5%

CLIN 0002 TOTAL (0002AA + 0002AB) $_____________

Notes:

1. Multiple awards will not be made.

2. See Document 00202 for the Price Evaluation. The total price for CLIN 0001 plus CLIN 0002 will form the basis for the evaluation noted in Document 00202.

3. A firm-fixed-price is required for all line items. The following NAVFAC language applies:

RFP NO. N62742-23-R-1318

ALL OR NONE OFFERS - Offers are solicited on an “all or none” basis and FAR 52.215-1, INSTRUCTIONS TO OFFERORS-COMPETITIVE ACQUISITION in Document 00100, is hereby modified. Failure to submit offers for all line items listed shall be cause for rejection of the offer.

4. In the event there is a difference between a unit price(s) and the extended total(s), the unit price(s) will be held to be the intended offer and the total(s) recomputed accordingly. If an offer provides a total but fails to enter a unit price, the total divided by the specified quantity will be held to be the intended unit price.

5. Payment for SLIN 0001AB, 0001AC, 0001AD, and 0001AE shall be for actual quantities only. The unit prices will be used to adjust the contract price for any increase or decrease in the estimated quantities subject to the clause FAR 52.211-18, VARIATION IN ESTIMATED QUANTITY (APR 1984).

6. The following notes apply to CLIN 0002 for Furniture, Fixtures, and Equipment (FF&E):

a. Government Estimated Amount for FF&E. The Government Estimated Amount for FF&E, as shown above (SLIN 0002AA), includes the material cost, freight and installation charges. The Government Estimated Amount has been identified to provide Offerors with the projected magnitude of effort for FF&E. The total CLIN 0002 amount shall include all costs to procure, install and store the Furniture, Fixtures, and Equipment and includes the Prime Contractor’s proposed Handling and Administrative Rate (HAR).

b. Prime Contractor Handling and Administration Rate (HAR). Offerors may propose a HAR fee in SLIN

0002AB, up to but not to exceed 5%, for the handling and administration of the FF&E. This fee will account for all administrative costs; overhead; bonding fees, if any; administration of subcontractors; profit; and any other costs associated with and related to the coordination and processing of the procurement and installation of the FF&E. The prime contractor’s proposed HAR mark-up will be applied to the Government Estimated Amount to derive a total proposed price for CLIN 0002.

c. The prime contractor’s HAR percentage rate will be incorporated into the contract as proposed and will not be adjusted regardless of fluctuations in the Government Estimated Amount. The HAR is a fixed percentage rate that will be utilized in calculating the final price for the planned modification. When the final FF&E package is priced, the contractor’s proposed HAR percentage rate, as incorporated into the contract, will be applied to the selected supplier/vendor’s quote to arrive at a total proposed price for final negotiation of the planned modification.

d. It is anticipated that a planned modification will be awarded at least nine months prior to the completion of the work. The planned modification will be issued after receipt of appropriate funding. A minimum of nine months is required for the contractor to purchase, deliver and install the FF&E without impacting the overall completion date of the project. No schedule extensions will be granted if the planned modification is awarded at least nine months prior to the contract completion date. If the Government decides to negotiate and award the planned modification less than nine months prior to the contract completion date, the contractor may be entitled to a contract extension.

7. For evaluation purposes only, in the event of a discrepancy between the extended price for the HAR and the actual calculation of the HAR percentage proposed multiplied by the Government Estimated Amount, the Government will use the percentage proposed and will adjust your proposal accordingly.

RFP NO. N62742-23-R-1318

8. The total price for CLIN 0001 shall be exclusive of the Australian Goods and Services Tax. See Section 01 20

00, PRICE AND PAYMENT PROCEDURES, paragraph 1.10 GST, for tax reimbursement procedures.

9. DFARS 252.247-7023, TRANSPORTATION OF SUPPLIES BY SEA. Within 30 days of each shipment, the Contractor is required to provide an electronic copy of the carrier’s bill of lading to the Contracting Officer and to MARAD via email. MARAD email: Cargo.MARAD@dot.gov (attn.: MIL team). In addition, the Contractor shall notify the Contracting Officer when oceanic shipments have been initiated within 3 working days of shipment.

10. CONTRACTOR LICENSING REQUIREMENTS FOR WORK OUTSIDE THE UNITED STATES.

Contractors must be duly authorized to operate and conduct business in any host country and must fully comply with all laws, decrees, labor standards, and regulations of the host country during the performance of the contract. The United States may have a Status of Forces Agreement (SOFA), Force Posture Agreement, and other agreements with some countries and those agreements must be complied with. Unless explicitly provided in the RFP, the U.S. Government will not offer “United States Official Contractor,” “Technical Representative,” or similar status under any SOFA; nor will the U.S. Government certify any employees of a contractor as “Members of the Civilian Component” under a SOFA. Offerors are expected to familiarize themselves with the laws of host nations whether or not the United States Government provides notice of the existence of such requirements.

1641238FY22 MCAF Project PAF160700 APSI Squadron Operations Facility RAAF, Darwin

SECTION 01 20 00

PRICE AND PAYMENT PROCEDURES

PART 1 GENERAL

1.1 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.

U.S. ARMY CORPS OF ENGINEERS (USACE)

EP 1110-1-8 (2016) Construction Equipment Ownership and Operating Expense Schedule

1.2 SUBMITTALS

Government approval is required for submittals with a "G" or "S" classification. Submittals not having a "G" or "S" classification are for Contractor Quality Control approval. Submit the following in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Earned Value Report; G

1.3 EARNED VALUE REPORT

1.3.1 Data Required

This Contract requires the use of a cost-loaded Network Analysis Schedule (NAS). Schedule of Prices must not be used with cost-loaded Network Analysis Schedule (NAS). Use Earned Value Report derived from cost-loaded NAS. Provide a detailed breakdown of the Contract price, giving quantities for each of the various kinds of work, unit prices and extended prices.

1.3.2 Payment Schedule Instructions

Payments will not be made until the Earned Value Report from the cost-loaded NAS has been submitted to and accepted by the Contracting Officer. The complete construction Earned Value Report must be submitted and accepted prior to starting construction work.

1.3.3 Real Property Assets

The Government will provide the Draft DD Form 1354, Transfer and Acceptance of Military Real Property filled in with the appropriate Real Property Unique Identifiers (RPUID) and related construction Category Codes to summarize the designed real property assets that apply to this contract.

The Contractor must meet with the Contracting Officer and the Real Property Accounting Officer during the Pre Construction Meeting and the Project Closeout Meetings to modify and include any necessary changes to the DD Form 1354. The Contractor must provide the Interim DD Form 1354 that uses the appropriate division of the RPUIDs/ Category Codes to represent the final

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Amendment No. 0003 7/5/2023 constructed facility and include all associated cost. Coordinate the Contractor's Price and Payment structure with the structure of the RPUIDs/Category Codes.

Divide detailed asset breakdown into the RPUIDs and related construction Category Codes and populate associated costs which represent all aspects of the work. Where assets diverge into multiple RPUID/ Category Codes, divide the asset and provide the proportion of the assets in each RPUID/ Category Code. Assets and related RPUID/ Category Codes may be modified by the Contracting Officer as necessary during course of the work. Coordinate identification and proportion of these assets with the Government Real Property Accounting Officer.

Cost data accumulated under this section are required in the preparation of DD Form 1354.

1.4 CONTRACT MODIFICATIONS

In conjunction with the Contract Clause DFARS 252.236-7000 Modification Proposals-Price Breakdown, and where actual ownership and operating costs of construction equipment cannot be determined from Contractor accounting records, base equipment use rates upon the applicable provisions of the EP 1110-1-8.

1.5 CONTRACTOR'S INVOICE AND CONTRACT PERFORMANCE STATEMENT

1.5.1 Content of Invoice

Requests for payment will be processed in accordance with the Contract Clause FAR 52.232-27 Prompt Payment for Construction Contracts and FAR 52.232-5 Payments Under Fixed-Price Construction Contracts. Invoices not completed in accordance with contract requirements will be returned to the Contractor for correction of the deficiencies. The requests for payment shall include the documents listed below.

a. The Contractor's invoice, on NAVFAC Form 7300/30 furnished at the end of this Section, showing in summary form, the basis for arriving at the amount of the invoice. Form 7300/30 must include certification by Quality Control (QC) Manager as required by the Contract.

b. The Earned Value Report from the cost-loaded NAS showing in detail: the estimated cost, percentage of completion, and value of completed performance for each of the construction categories stated in this contract.

c. Monthly Work-hour report.

d. Updated Construction Progress Schedule and tabular reports required by the contract.

d. Contractor Safety Self Evaluation Checklist.

f. Updated submittal register.

g. Solid Waste Disposal Report.

h. Other supporting documents as requested.

1.5.2 Submission of Invoices

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The maximum size of each WAWF attachment is two megabytes, but there are no limits on the number of attachments. If a document cannot be attached in WAWF due to system or size restriction, provide it as instructed by the Contracting Officer.

Monthly invoices and supporting forms for work performed through the anniversary award date of the Contract must be submitted to the Contracting Officer within 5 calendar days of the date of invoice. For example, if Contract award date is the 7th of the month, the date of each monthly invoice must be the 7th and the invoice must be submitted by the 12th of the month.

1.5.3 Final Invoice

a. A final invoice must be accompanied by the certification required by DFARS 252.247.7023 Transportation of Supplies by Sea, and the Contractor's Final Release. If the Contractor is incorporated, the Final Release must contain the corporate seal. An officer of the corporation must sign and the corporate secretary must certify the Final Release.

b. For final invoices being submitted via WAWF, the original Contractor's Final Release Form and required certification of Transportation of Supplies by Sea must be provided directly to the respective Contracting Officer prior to submission of the final invoice. Once receipt of the original Final Release Form and required certification of Transportation of Supplies by Sea has been confirmed by the Contracting Officer, the Contractor must then submit final invoice and attach a copy of the Final Release Form and required certification of Transportation of Supplies by Sea in WAWF.

c. Final invoices not accompanied by the Contractor's Final Release and required certification of Transportation of Supplies by Sea will be considered incomplete and will be returned to the Contractor.

1.6 PAYMENTS TO THE CONTRACTOR

Payments will be made on submission of itemized requests by the Contractor which comply with the requirements of this section, and will be subject to reduction for overpayments or increase for underpayments made on previous payments to the Contractor.

1.6.1 Obligation of Government Payments

The obligation of the Government to make payments required under the provisions of this Contract will, at the discretion of the Contracting Officer, be subject to reductions and suspensions permitted under the FAR and agency regulations including the following in accordance with FAR FAR 32.103 Progress Payments Under Construction Contracts:

a. Reasonable deductions due to defects in material or workmanship;

b. Claims which the Government may have against the Contractor under or in connection with this Contract;

c. Unless otherwise adjusted, repayment to the Government upon demand for overpayments made to the Contractor; and

d. Failure to maintain accurate "as-built" or record drawings in accordance with FAR 52.236.21.

1.6.2 Payment for Onsite and Offsite Materials

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Progress payments may be made to the Contractor for materials delivered on the site, for materials stored off construction sites, or materials that are in transit to the construction sites under the following conditions:

a. FAR 52.232-5(b) Payments Under Fixed Price Construction Contracts.

b. Materials delivered on the site but not installed, including completed preparatory work, and off-site materials to be considered for progress payment must be major high cost, long lead, special order, or specialty items, not susceptible to deterioration or physical damage in storage or in transit to the construction site. Examples of materials acceptable for payment consideration include, but are not limited to, structural steel, non-magnetic steel, non-magnetic aggregate, equipment, machinery, large pipe and fittings, precast/prestressed concrete products, and high-voltage electrical cable.

Materials not acceptable for payment include consumable materials such as nails, fasteners, conduits, gypsum board, glass, insulation, and wall coverings.

c. Materials to be considered for progress payment prior to installation must be specifically and separately identified in the Contractor's estimates of work submitted for the Contracting Officer's approval in accordance with Earned Value Report requirement of this Contract. Requests for progress payment consideration for such items must be supported by documents establishing their value and that the title requirements of the clause at FAR 52.232-5 Payments Under Fixed-Price Construction Contracts have been met.

d. Materials are adequately insured and protected from theft and exposure.

e. Provide a written consent from the surety company with each payment request for offsite materials.

f. Materials to be considered for progress payments prior to installation must be stored in H Australia. Other locations are subject to written approval by the Contracting Officer.

g. Materials in transit to the job site or storage site are not acceptable for payment.

1.7 PAYMENT OF WORKERS AND SUBCONTRACTORS

The Contractor must with each payment claim provide the Contracting Officer with:

a. a statutory declaration, together with any supporting evidence which may be reasonably required by the Contracting Officer, duly signed by the Contractor or, where the Contractor is a corporation, by a representative of the Contractor who is in a position to know the facts declared, that, except to the extent disclosed in the statutory declaration (such disclosure to specify all relevant amounts, workers and subcontractors):

(1) all workers who have at any time been employed by the Contractor in connection with the Contractor's Activities or the Works have at the date of the payment claim been paid all moneys due and payable to them in respect of their employment in connection with the Contractor's Activities or the Works;

and

(2) all subcontractors have been paid all moneys due and payable to them in respect of the Contractor's Activities or the Works; and

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b. documentary evidence that, except to the extent otherwise disclosed (such disclosure to specify all relevant amounts and workers), as at the date of the payment claim, all workers who have been employed by a subcontractor have been paid all moneys due and payable to them in respect of their employment in connection with the Contractor's Activities or the Works.

The Government is entitled to withhold from any amount stated as then payable by the Government in a Payment Schedule.

1.8 LONG SERVICE LEAVE

Long Service Leave Legislation applies to the Contractor's Activities.

a. Without limiting the Contractor's obligations under the Contract or otherwise at law or in equity, the Contractor must comply with its obligations under the Long Service Leave Legislation (NT Build).

b. If required by the Long Service Leave Legislation, the Contractor must pay any levy, charge, contribution or associated amount in respect of the Contractor's Activities.

c. Any amount paid by the Contractor under paragraph (b) is deemed to be included in the Contract Price and the Contractor will have no Claim against the Commonwealth arising out of or in connection with its obligations under this clause or the Long Service Leave Legislation

1.9 PAYMENT SCHEDULE

The Contracting Officer must, within 10 business days of receiving a payment claim submitted or purported to be submitted in accordance with security Payment Act give the Contractor (with a copy to the Government), on behalf of the Government, a Payment Schedule.

Any evaluation, or issue of a Payment Schedule, by the Contracting Offcier will not constitute:

a. approval of the Contractor's Activities or the Works, nor will it be taken as an admission or evidence that the part of the Contractor's Activities or the Works covered by the Payment Schedule has been satisfactorily carried out in accordance with the Contract;

b. an admission or evidence of the value of the Contractor's Activities or the Works or that the Contractor's Activities or the Works comply with the Contract;

c. an admission or evidence of liability; or

d. otherwise, any approval, admission or evidence by the Government or the Contracting Officer of the Contractor's performance or compliance with the Contract.

1.10 GST

Payments, exclusive of Australian Goods and Services Taxes, will be made on submission of itemized requests by the Contractor which comply with the requirements of this section, and will be subject to reduction for overpayments or increase for underpayments made on previous payments to the Contractor.

The U.S. Government will sign and return the "U.S. Government - Confirmation of Purchase" form to the Contractor. The form is located at the end of this Section. For reimbursement of the Australian Goods and Services Tax, the Contractor shall submit on a monthly basis the completed "U.S. Government - Confirmation of Purchase" together with contact information and banking information to:

Defence Tax Management Office R1-2-B104 PO Box 7909 Russell Offices

CANBERRA BC ACT 2610

The Defence Tax Management Office will process the payment of the GST amount and reimburse the contractor after receiving required banking information and an acceptable "U.S. Government - Confirmation of Purchase" form, generally within 30 days. For audit purposes, the Defence Tax Management Office may request a copy of the supplier's invoice.

Aside from providing a completed "U.S. Government - Confirmation of Purchase" form to the Contractor, the U.S. Government shall not be responsible for the reimbursement of the Australian Goods and Services Tax.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

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