Released Contract Award_24C6703.pdf

ACQR6040549

REQUEST FOR PROPOSAL N6274224R6703

Project Title: D/B Construction of Training Facility and Range Renovation, Special Warfare School Lopburi, Thailand

a. This project is being solicited utilizing Low est Price Technically Acceptable (LPTA) Source Selection procedures. Offers are required to submit both price and technical proposals for this solicitation per instructions w ithin.

b. Part 1: Proposal Form and Documents

(1) Section 001000 – Section Form 1442

(2) Section 002100 – Instructions

(3) Section 002200 - Supplementary Instructions

(4) Section 004500 – Representations and Certif ications

(5) Section 007000 – Condition of the Contract

(3) Section 007300 – Supplementary Conditions

c. Standard Form (SF) 1442 Attachments:

(1) Part 2: General Requirements

(2) Part 3: Statement of Work/Project Program

(3) Part 4: Minimum Materials, Engineering and Construction Requirement

(4) Part 6: Attachments

NITIWATE DISSANONT 662-287-1036 EXT. 121

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

02-Sep-2024

(RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

X

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________485 calendar days after receiving aw ard, notice to proceed. This performance period is X mandatory, negotiable. (See _________________________

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________12 Jun 2024 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, X is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

N6274224C6703

7. ISSUED BY CODE

NAVFAC ROICC THAILAND (US EMBASSY)

7 SATHORN TAI ROAD

BANGKOK THAILAND 10120

N62742

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

11:00 AM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

N6274224R67030004 12

See Item 7

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE

SDES2

FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

SEE SCHEDULE

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

$957,538.91 See Schedule

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE FY815327. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

US EMBASSY FINANCE DEPARTMENT

95 WIRELESS RD

BANGKOK 10330

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR

PLANNING ENGINEERING DEVELOPMENT CO LTD

CHAIYOS TANGSUPONG

46/16-17 M.9 BANG PLA, BANG PHLI

SAMUTPRAKAN 10540

15. TELEPHONE NO. (Include area code) 6681-449-9996

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

X 29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract. REF: N6274224R67030004

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print) Rondel G. Williams / Contract Specialist

TEL: 66-2-287-1036 EMAIL: rondel.g.williams.civ@us.navy.mil

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY 03-Sep-2024

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

N6274224C6703

Section 00 10 00 - Solicitation

CONTRACT NOTE

A. Items offered in the contractor’s proposal (e.g., key personnel, subcontractors, materials, etc.) are binding on the contractor and shall be provided for the duration of the contract. Substitutions will require prior Contracting Officer’s approval and shall be equal or better, in the judgment of the Contracting Officer, than the items originally proposed.

B. The offeror agrees to perform the work required by the solicitation issued on April 5, 2024, Amendment 0001 issued on May 2, 2024, Amendment 0002 issued on May 27, 2024, Amendment 0003 issued on May 31, 2024, and Amendment 0004 issued on June 4, 2024, at the price proposed on June 12, 2024, in the total amount of $957,538.91 that was confirmed on July 17, 2024.

C. Award is made in U.S. Dollar in the total amount of $957,538.91. Award amount per each CLIN is listed below:

- CLIN 0001 Construction of a Training Facility $738,786.37

- CLIN 0002 Option Item 0001, Shooting Range $218,752.54

D. Contract Completion Dates (CCD) (FAR 52.211-10), and Liquidated Damages (LD) (FAR 52.211-12) are as follows:

- CLIN 0001: CCD is January 1, 2026, and LD - $320 for each calendar day of delays.

- CLIN 0002: CCD is January 1, 2026, and LD - $180 for each calendar day of delays.

E. Part 2 through 6 were previously provided and hereby made part of this award.

F. The Contracting Officer Representative (COR) for this contract is Pornsak Thongchai, Email:

thongchaip@state.gov. The Contract Specialist (CS) for this contract is Nitiwate Dissanont, email:

nitiwate@state.gov.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Project $738,786.37 $738,786.37

CONSTRUCTION OF A TRAINING FACILITY

FFP

This is a Design-Build project. The contractor shall provide required earthwork, civil, structural, and all other associated works for the complete design and construction of a training facility building located at Special Warfare School (SWS), Lopburi, Thailand in accordance with the Parts 2-6 attached here within.

FOB: Destination

PURCHASE REQUEST NUMBER: ACQR6040549

PSC CD: Y1PZ

NET AMT $738,786.37

000101 $0.00

FUND ACRN AA

FFP

Funding Doc. No. N6274224RC06006 Customer ACRN: AA

MILSTRIP: N6274224RC06006

NET AMT $0.00

ACRN AA

CIN: 000000000000000000000000000000

$738,786.37

0002 1 Project $218,752.54 $218,752.54

EXERCISED

OPTION

OPTION ITEM 0001, SHOOTING RANGE

FFP

This is a Design-Build project. The contractor shall provide required earthwork, civil, structural, and all other associated works for the complete design and renovation of the shooting range located at Special Warfare School (SWS), Lopburi, Thailand in accordance with the Parts 2-6 attached here within.

FOB: Destination

PURCHASE REQUEST NUMBER: ACQR6040549

PSC CD: Y1PZ

NET AMT $218,752.54

000201 $0.00

FUND ACRN AA

FFP

Funding Doc. No. N6274224RC06006 Customer ACRN: AA

MILSTRIP: N6274224RC06006

NET AMT $0.00

ACRN AA

CIN: 000000000000000000000000000000

$218,752.54

Section 00 70 00 - Conditions of the Contract

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 000101 N/A N/A N/A N/A 0002 Destination Government Destination Government 000201 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab Covered Entities

DEC 2023

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services

MAY 2024

52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than Commercial Products and Commercial Services)

MAY 2024

52.215-2 Audit and Records--Negotiation JUN 2020 52.215-21 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data -- Modifications

NOV 2021

52.222-50 Combating Trafficking in Persons NOV 2021 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021

52.225-14 Inconsistency Between English Version And Translation Of Contract

FEB 2000

52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States

MAY 2020

52.226-8 Encouraging Contractor Policies To Ban Text Messaging While Driving

MAY 2024

52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-15 Schedules for Construction Contracts APR 1984 52.236-16 Quantity Surveys APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.244-6 Subcontracts for Commercial Products and Commercial

Services

FEB 2024

52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering-Construction OCT 2020 52.249-2 Alt I Termination for Convenience of the Government (Fixed-

Price) (Apr 2012) - Alternate I

SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

JAN 2023

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

MAY 2024

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7048 Export-Controlled Items JUN 2013 252.227-7002 Readjustment Of Payments SEP 2019 252.227-7033 Rights in Shop Drawings APR 1966 252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7001 Contract Drawings, and Specifications AUG 2000 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the Contract Award Document (SF1442), (b) prosecute the work diligently, and (c) complete the entire work for both Base Bid and Option items ready for use not later than Four Hundred and Eighty-five

(485) calendar days after Contract Award. The time stated for completion shall include final cleanup of the premises.

CLIN 0001: Construction of a Training Facility– Four Hundred and Eighty-five (485) calendar days CLIN 0002: Option Item 0001, Shooting Range– Four Hundred and Eighty-five (485) calendar days

(End of clause)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount for each calendar day of delay until the work is completed or accepted.

CLIN0001 Construction of a Training Facility, $320 per day CLIN0002 Option Item 0001, Shooting Range, $180 per day

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

52.211-13 TIME EXTENSIONS (SEP 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within ninety (90) calendar days from contract award for Option Items 0001. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government's obligation under this contract 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 until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://acquisition.gov/ - or -https://www.acq.osd.mil/dpap/sitemap.html

252.225-7041 CORRESPONDENCE IN ENGLISH (JUNE 1997)

The Contractor shall ensure that all contract correspondence that is addressed to the United States Government is submitted in English or with an English translation.

252.229-7001 TAX RELIEF (APR 2020)

(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government. The following taxes or duties have been excluded from the contract price:

NAME OF TAX: (Offeror shall insert if tax is not included in offer)

RATE (PERCENTAGE): (Offeror shall insert if tax is not included in offer)

(b) Invoices submitted in accordance with the terms and conditions of this contract shall be exclusive of all taxes or duties for which relief is available. The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.

(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.

Section 00 73 00 - Supplementary Conditions

PAPERLESS CONTRACTING

The U.S. Navy (hereafter referred to as the Government) intends to administer any contract awarded under this solicitation using paperless contracting methods to the greatest extent practicable. Paperless contracting involves the use of an electronic medium such as the Internet, computer diskettes, CDROM, DVDROM, or electronic mail (email) in place of paper documents to award, solicit, or administer a contract.

In order to facilitate the use of paperless contracting methods, the Contractor shall possess the capability to communicate and exchange authenticated documents with the Government electronically during the contract performance period. Such capability shall include the ability to receive, acknowledge, reply to, and send documents via electronic mail. Additionally, such capability shall not require or be contingent upon any modification or upgrade to existing Government software. The Contractor also agrees to maintain such capability notwithstanding any changes or modifications to existing Government software during the contract performance period so long as the Government provides reasonable notice and any equipment and/or software required to maintain such capability is commercially available.

The Contractor shall utilize the paperless contracting capability described above as directed by the contracting officer during the contract performance period. Documents, which may be required to be exchanged electronically, include, but are not limited to, task orders, modifications, requests for cost proposals, and other routine correspondence. Exceptions to the contracting officer's direction may be granted in unusual circumstances with the prior approval of the contracting officer.

Both the Contractor and the Government agree to share all such technical information as is necessary to facilitate efficient and reliable electronic communications during the period of contract performance. Such information may include such data as e-mail addresses, available software, and mutually agreed procedures, but shall not include any information the disclosure of which would violate any applicable licenses or other agreements. In case of any technical difficulties precluding the use of electronic communications, both the Government and the Contractor agree to work in good faith to resolve any such difficulties.

For informational purposes, the Government anticipates that its contracting personnel will utilize the following computer software programs during the administration of this contract: Microsoft Office (Excel, Word, and Project), Adobe Acrobat, and AutoCAD.

CONTRACTING OFFICER AUTHORITY

1. No person other than the Contracting Officer has authority to bind the Government with respect to this contract.

2. No action or omission of any government employee or representative other than the Contracting Officer shall increase or decrease the scope of this contract or shall otherwise modify the terms and conditions of this contract.

3. In no event shall any of the following be effective or binding on the Government or imputed to the Contracting Officer with respect to this contract:

(a) An understanding or agreement between the Contractor and anyone other than the Contracting Officer;

(b) A purported modification or change order issued by anyone other than the Contracting Officer;

(c) A promise by anyone other than the Contracting Officer to provide additional funding or make payments; or

(d) An order, direction, consent, or permission from anyone other than the Contracting Officer to:

(i) Incur costs in excess of a specified estimated cost, allotment of funds, or other ceiling; or

(ii) Expend hours in excess of a specified level of effort.

4. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract, you shall not proceed with the changes and shall immediately notify the Contracting Officer.

(End of NAVFAC language)

ACCOUNTING AND APPROPRIATION DATA

AA: 97X8242 28DT 000 74DT2 0 065916 2D PDTA45

COST CODE: 332660010LXD

AMOUNT: $957,538.91

ACRN CLIN/SLIN CIN AMOUNT

AA 000101 000000000000000000000000000000 $738,786.37

000201 000000000000000000000000000000 $218,752.54

ACQR6040549

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

N6274224R6703 D/B Construction of Training Facility and Range Renovation, Special Warfare School Lopburi

Amendment 0004 begins on the next page

1. CONTRACT ID CODE PAGE OF PAGES

J 1 12

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

16C. DATE SIGNED

BY 06-Jun-2024

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 N6274224R6703

X 9B. DATED (SEE ITEM 11)

05-Apr-2024

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 1 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

04-Jun-2024

CODE

NAVFAC ROICC THAILAND (US EMBASSY)

7 SATHORN TAI ROAD

BANGKOK 10120

N62742 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N6274224R6703

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE (SF 30)

The following have been added by full text:

AMD4 ANSWERS TO PPIS & CHANGES

a. The purpose of this amendment is to modify the contract line item, CLIN0002. CLIN0002 will be changed from a base bid item to an option item as follows:

Changed from:

CLIN0001 Construction of a Training Facility CLIN0002 Shooting Range Renovation To:

CLIN0001 Construction of a Training Facility CLIN0002 Option Item 0001, Shooting Range

As a result of this revision, FAR clauses 52.217-5 EVALUATION OF OPTIONS (JUL 1990) and 52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989) are hereby incorporated into the solicitation.

b. All offerors are required to include Value-added Tax (VAT) in the price proposal. Attachment-01 is the revised BOQ (Bill of Quantities) for your price proposal submission. A separate line item has been added in the BOQ for the proposed VAT amount.

Thailand Government intends to provide VAT (Value-added Tax) exemption for this project. If the U.S. Government (USG) receives VAT exemption from Thailand Government, the VAT will be deducted from the contract thru a contract modification.

c. Section 00 21 00 - Instructions, 2.2 Content of Proposal, a. Volume 1: Price Proposal, Item ii and Section 2.3 Evaluation Factors and Proposal Submission Requirements, (1.1) Price Factor, (a) Solicitation Submittal Requirements, item ii are revised per the following:

Changed from:

ii. A signed and dated Standard Form 30 for any solicitation amendments;

To:

ii. Acknowledge any and all amendments issued under this solicitation either by annotating it in Block 19 of the SF 1442 or signing each SF 30;

d. Answers to Pre-Proposal Inquiries (PPIs) are provided in Attachment-02 Questions & Answers of this amendment. As a result of the provided answers, Attachment-03, summarizing changes under Parts 3, 4, and 6, is hereby incorporated into the solicitation.

SECTION 00 10 00 - SOLICITATION

CLIN 0002

The CLIN description has changed from SHOOTING RANGE RENOVATION to OPTION ITEM 0001, SHOOTING RANGE.

The option status has changed from No Status to Option.

SECTION 00 21 00 - INSTRUCTIONS

The following have been modified:

INSTRUCTIONS TO OFFERORS

1. Pre-Proposal Site Visit (PPSV)

a. The Contracting Office intends to host a Pre-Proposal Site Visit (PPSV). The date and time of the visit will be provided via email when site access is confirmed. Reference clause 52.236-27 SITE VISIT (CONSTRUCTION) – ALTERNATE I in this solicitation.

b. Pre-Proposal Site Visit (PPSV) attendance is required in order to be considered for award to ensure full understanding of the logistical challenges involved with this project and decrease risk of unsuccessful completion or financial hardship for contractors.

c. No minutes from the PPSV will be issued. All prospective Offerors are advised that this solicitation will remain unchanged unless it is amended in writing; however, if an amendment is issued in accordance with FAR 15.206, Offerors shall return a completed acknowledgement on the SF-30 with their proposal submission.

d. The Contracting Officer may require proof of active SAM.gov registration or registration in progress to attend the

PPSV.

2. Proposal Submittal Requirements. The following instructions to offerors are to ensure offerors submit information necessary for the Government to fully understand and evaluate proposals. Offerors are cautioned to follow the detailed instructions carefully and provide technical information that clearly shows they have the background and expertise necessary to perform the requirements listed in Statement of Work (SOW) or Project Program as the Government reserves the right to make an award based on initial offers received without discussions of such offers. Failure to meet a requirement may result in an offer being ineligible for award. Prior to the proposal due date, Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. Proposals must be complete, self-sufficient, and respond directly to the requirements of this solicitation; alternate proposals will not be accepted.

2.1 Proposal Format.

The price proposal and technical proposal shall be submitted separately and must be submitted via e-mail to the Contract Specialist and the Contracting Officer. A cover letter shall accompany the proposal.

The cover letter shall include —

a. The solicitation number;

b. The name, address, telephone, and e-mail addresses of the Offeror;

c. The Unique Entity Identifier (UEI) Number, CAGE/NCAGE Code, and Tax Identification Number (TIN) of the

Offeror (if applicable);

d. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

e. Names, titles, phone numbers, and email addresses of persons authorized to negotiate on the Offeror’s behalf with the Government in connection with this solicitation and;

f. Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

i. Individuals. A contract with an individual shall be signed by that individual. A contract with an individual doing business as a firm shall be signed by that individual, and the signature shall be followed by the individual’s typed, stamped, or printed name and the words “an individual doing business as [insert name of firm].”

ii. Partnerships. A contract with a partnership shall be signed in the partnership name.

iii. Corporations. A contract with a corporation shall be signed in the corporate name, followed by the word “by” and the signature and title of the person authorized to sign.

iv. Joint Ventures. A contract with a joint venture may involve any combination of individuals, partnerships, or corporations. The contract shall be signed by each participant in the joint venture in the manner prescribed in paragraphs (a) through (c) above for each type of participant.

v. Agents. When an agent is to sign the contract, other than as stated in paragraphs (a) through (d) above, the agent’s authorization to bind the principal must be established by evidence satisfactory to the Contracting Officer.

g. Joint Venture Agreement or letter of commitment (if applicable). The cover letter or letter of commitment shall be signed by all proposed parties.

2.2 Content of Proposal. Offerors shall submit separate price and technical proposals in two volumes as follows:

a. Volume 1: Price Proposal.

i. The Standard Form 1442 of Blocks 14 through 20c completed, signed, and dated;

ii. Acknowledge any and all amendments issued under this solicitation either by annotating it in Block 19 of the SF 1442 or signing each SF 30;

iii. A completed Price Schedule for all CLINs;

iv. A completed Bill of Quantities (BOQ, Exhibit D) showing price breakdown for CLINs;

v. Completed Representations and Certifications, to include a copy of the electronic annual representations and certifications thru System for Awards Management (SAM) at www.sam.gov;

iv. Responsibility Determination and Financial Capability, as specified in Paragraph 5;

vii. Evidence of active SAM.gov registration.

b. Volume 2: Technical Proposal

i. Factor 1, Offeror Experience Project Data Sheet specified in Section 002200 of this solicitation;

ii. Factor 2, Past Performance Data as specified in Section 002200 of this solicitation;

iii. Factor 3, Safety in Section 002200 of this solicitation.

3. Inquiries. Inquiries regarding the Request for Proposal (RFP) shall be submitted electronically using the Pre Proposal Inquiry Form (Exhibit A) provided in this solicitation. The Point of Contact (POC) for inquiries is the Contract Specialist. Inquiry submission details will be communicated during the Pre-Proposal Site Visit (PPSV).

4. Responsibility Determination and Financial Capability. FAR subpart 9.104-1 requires prospective contractors to demonstrate that they have adequate financial resources to perform the contract or the ability to obtain them;

capability to comply with the required performance schedule; a satisfactory performance record; the necessary organization, experience, accounting and operational controls, technical skills, production, construction and technical equipment and facilities or the ability to obtain them; and be otherwise eligible to receive an award under applicable laws and regulations. This is notice that the Contracting Officer may request Offerors submit the following information for review and determination prior to award:

4.1 Proof of the Offeror’s ability to legitimately conduct business in the Country where the project is located.

This requirement may be satisfied by an Offeror (or one of a firm’s Joint Venture partners) having the appropriate registration.

4.2 A list of current, on-going projects. Include contract number, brief description of the project, dollar value, percent complete, whether your firm is performing as a prime contractor or a subcontractor and the percentage of the work that applies to your firm, customer point of contact, and customer phone number. The Government may contact the point of contacts listed for verification of information.

4.3 Company financial statements (balance sheets and income statements) for the past three years.

5. System for Award Management (SAM). A contract cannot be awarded to a contractor not registered in SAM.

Remember to review the NAICS codes listed in your SAM record and make sure that you have listed the North American Industry Classification System (NAICS) code for this procurement. Contractors shall be registered and active in the SAM database (https://www.sam.gov) at the time of offer submission. Contractors wanting to attend site visits shall be active in SAM.gov or provide proof that registration has been submitted to SAM.gov and is in progress. The Contract Specialist will provide an International Entity Registration Guide, if requested.

6. Contract Pricing. Offers must be made in United States Dollars.

7. Incurred Expenses. The Government is not responsible for any costs incurred or associated with preparation and submission of a proposal in response to this solicitation.

8. Enforceability of Proposal. The proposal must set forth full, accurate and complete information as required by this solicitation. The Government will rely on such information in the award of the contract. Items offered in the contractor’s proposal (e.g., key personnel, subcontractors, materials, etc.) are binding on the contractor and shall be provided for the duration of the contract. Substitutions will require the Contracting Officer’s approval and shall be equal or better, in the judgment of the Contracting Officer, than the items originally proposed. The Contractor’s proposal becomes part of the contract award document.

SECTION 00 22 00 - SUPPLEMENTARY INSTRUCTIONS

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

EVALUATION FACTORS FOR AWARD

PART I - GENERAL

1.1 SOURCE SELECTION

This competitive procurement uses source selection procedures to select the responsible Offeror whose proposal conforms to the requirements of the solicitation and is determined to provide the best value to the Government, price and other factors considered. The Government will use the Lowest Price Technically Acceptable (LPTA) method to evaluate proposals submitted in response to this solicitation. The Government reserves the right to eliminate from consideration for award any or all offers at any time prior to award of the contract; to negotiate with Offerors in the competitive range; and to award the contract to the Offeror submitting the lowest priced, technically acceptable (LPTA) proposal.

PER NPGI 15.101-2 (DFARS) Lowest price technically acceptable (LPTA) source selection process. (Business Rule), the number of proposals to be evaluated for technical acceptability may be limited to the three lowest priced offers at the discretion of the Contracting Officer. If the number of proposals to be evaluated is limited, the technical proposal shall be provided to the evaluator(s) without any identification of price. If the lowest priced proposal is not found to be technically acceptable then the next lowest price proposal shall be evaluated. If that proposal is also not found to be technically acceptable, then the process described will be conducted again as many times as necessary, until such time as the Government identifies a technically acceptable proposal. The source selection method must be included in the request for proposal. If the Contracting Officer later determines that discussions are necessary, the procedures in FAR 15.306 shall be followed.

1.2 INTENT TO AWARD WITHOUT CONDUCTING DISCUSSIONS

The Government intends to evaluate proposals and award a contract without discussions with Offerors (except clarifications as described in FAR 15.306(a)). The Government reserves the right to conduct discussions if the Contracting Officer later determines it to be necessary.

1.3 BASIS OF AWARD

The LPTA process is selected as appropriate for this acquisition because the best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price. An overall non-price factor rating must be at least “ACCEPTABLE” in order to be eligible for award. An “UNACCEPTABLE” rating in any factor results in the overall non-price factor proposal being rated “UNACCEPTABLE” unless corrected through discussions. An overall non-price factor rating of “UNACCEPTABLE” make a proposal ineligible for award.

Definitions:

Technical Acceptable/Unacceptable Ratings:

Acceptable: Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable: Proposal does not clearly meet the minimum requirements of the solicitation.

Past Performance Acceptable/Unacceptable Ratings:

Acceptable: Based on the Offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the Offeror’s performance record is unknown. Note: In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on pastperformance (see FAR 15.305(a)(2)(iv)). Therefore, the Offeror shall be determined to have unknown past performance.

In the context of acceptability/unacceptability “unknown” shall be considered “acceptable.”.

Unacceptable: Based on the Offeror’s performance record, the Government has no reasonable expectation that the Offeror will be able to successfully perform the required effort.

PART II - EVALUATION FACTORS FOR AWARD

2.1 EVALUATION CRITIERIA

a. The contract resulting from this solicitation will be awarded to the responsible Offeror whose offer, conforming to the solicitation, is determined to be the lowest price technically acceptable (LPTA) proposal based on the evaluation factors set forth in the solicitation.

b. “Relevant” means similar to the acquisition in terms of size, scope, and complexity and nature of the work being solicited. The Government will only consider projects for construction services of the type described in non-cost factor 1 – Offeror Experience, below.

c. Past performance information on “relevant projects” meeting the definition in paragraph (b) will constitute the primary consideration in the Government’s evaluation under non-cost factor 2 – Past Performance. The Government may, however, review and consider past performance information on other projects as made available to the Government from other sources such as the Contractor Performance Assessment Reporting System (CPARS) and inquiries with previous clients / owners. The Government will determine the relevance of the past performance information received on other projects, as well as consider the source, context and currency of such information in its evaluation.

d. Offerors who submit past performance and experience information of a parent, sister, predecessor or other affiliated company must describe what involvement such company will have on the acquisition. The proposal should clearly indicate how the resources of the parent, sister, predecessor or other affiliated company – its workforce, management, facilities, or other resources – will be provided or relied upon for contract performance.

e. The Contracting Officer may discount favorable past performance and experience of a subcontractor unless the prime contractor clearly provides, in its proposal, evidence of a binding teaming agreement or other contractual agreement which creates legal responsibility on the part of the subcontractors.

f. In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a)(2)(iv)). Therefore, the Offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability “unknown” shall be considered “acceptable.”

g. The Government, in compliance with FAR 15.305(a)(2)(ii), Offerors are authorized to provide information on problems encountered on the identified contracts and the Offeror’s corrective actions. The Government shall consider this information, as well as information obtained from any other sources, when evaluating the Offeror’s past performance.

2.2 PRICE EVALUATION

The price proposal will be evaluated to determine the reasonableness and completeness of the Offeror’s proposal.

The Contracting Officer may conduct price realism if the Contracting Officer determined that it is necessary.

Unrealistically low (or high) proposed price or unbalanced prices, may be grounds for eliminating a proposal from competition either on the basis that the Offeror does not understand the requirement or has made an unrealistic or unreasonable proposal.

2.3 EVALUATION FACTORS AND PROPOSAL SUBMISSION REQUIREMENTS

a. The Offeror’s proposal shall contain a response to each of the following evaluation factors and shall be in the form prescribed by this solicitation. The solicitation requires the evaluation of price and non-cost factors in two volumes listed below:

Volume 1: Price Factor

Volume 2: Non-Cost Factor 1 – Offeror Experience Non-Cost Factor 2 – Past Performance Non-Cost Factor 3 – Safety

b. The distinction between past performance and Offeror experience is experience pertains to the types of work and volume of work completed by a contractor that are comparable to the types of work covered by this requirement, in terms of size, scope, and complexity. Past performance relates to both the relevance of recent efforts and how well a contractor has performed on the contracts.

c. The following describes each evaluation factor, submittal requirements and basis for assigning ratings:

Volume 1:

(1.1) Price Factor

(a) Solicitation Submittal Requirements:

i. The Standard Form 1442 of Blocks 14 through 20c completed, signed, and dated;

ii. Acknowledge any and all amendments issued under this solicitation either by annotating it in Block 19 of the SF 1442 or signing each SF 30;

iii. A completed Price Schedule for all CLINs;

iv. A completed Bill of Quantities (BOQ, Exhibit D) showing price breakdown for CLINs;

v. Completed Representations and Certifications, to include a copy of the electronic annual representations and certifications thru System for Awards Management (SAM) at www.sam.gov;

vi. Responsibility Determination and Financial Capability, as specified in Paragraph 5;

vii. Evidence of active SAM.gov registration.

(b) Basis of Evaluation: The Government will evaluate price based on the total price of all priced CLINS. Analysis will be performed by one or more of the following techniques to ensure a fair, reasonable and realistic price:

i. Comparison of proposed prices received in response to this RFP;

ii. Comparison of proposed prices with the Independent Government Estimate (IGE);

iii. Comparison of proposed prices with available historical information.

Volume 2:

(2.1) Non-Cost Factor 1 - Offeror Experience:

(a) Solicitation Submittal Requirements: Submit a minimum of three (3) and a maximum of five

(5) construction projects for the Offeror that best demonstrates Offeror experience on relevant projects that are similar size, scope, and complexity to the RFP. For purposes of this evaluation, a relevant project is further defined as similar design-build construction with the following relevant characteristics:

i. At least two (2) projects demonstrate design-build construction of a single (or more) story reinforced concrete building, and with a minimum total floor area of 500m2.

ii. At least one (1) project demonstrates design-build construction of audio-visual system for training/meeting facility, and with a minimum seating of 100 persons.

Projects submitted for the Offeror shall be completed within the past five (5) years from the RFP issue. If submitting an ongoing construction project, the project shall be at least 80% complete at the time of proposal submission. A project is defined as a construction project performed under a single contract.

The Offeror Experience Project Data Sheet in the form of Exhibit B is MANDATORY and SHALL be used to submit project information. Except as specifically requested, the Government will not consider information submitted in addition to this form. Individual blocks on the form may be expanded; however, total length for each Offeror Experience Project Data Sheet shall not exceed one (1) double-sided page (or two (2) single-sided pages) claimed for past performance. Data sheets for each project should not exceed two (2) pages.

For all submitted projects, the description of the project shall clearly describe the scope of work performed and the relevancy to the project requirements of this RFP (i.e., unique features, area, construction methods).

If the Offeror is a Joint…