Released AMD0002_24R6722.pdf

ACQR6066342

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

N6274224R6722 D/B Construct Maritime Training Facilities, Kuching, Saraw ak, Malaysia

The amendment 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 24-Aug-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 N6274224R6722

X 9B. DATED (SEE ITEM 11)

22-Jul-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

23-Aug-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:

N6274224R6722

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:

AMD2 ANSWERS TO PPIS

A. Part 1, Section 2.3 Evaluation Factors and Proposal Submission Requirements, Item a., Volume 2, Non-Cost Factor 4, Technical Solution, (b) Basis of Evaluation, is revised per the following:

Changed from:

(b) Basis of Evaluation: The Government will evaluate the narrative, and conceptual drawings considering the extent to which the Offeror demonstrates a clear understanding of the architectural and engineering requirements of the project. The Government will evaluate the Offeror's technical solution to determine adherence to the technical requirements of the RFP.

i. Acceptable. Narrative, and all required drawings, are submitted; the narrative accurately describes the requirements, the drawings address all key aspects of the project and are adequate to use for creating detailed design drawings, The Offeror illustrates understanding of the statement of the requirements.

ii. Unacceptable. The Offeror did not submit a narrative, all required drawings or the drawings submitted do not address all key aspects of the project or are not adequate to use for creating detailed design drawings. The Offeror did not illustrate understanding of the statement of the requirements.

To:

(b) Basis of Evaluation: The Government will evaluate the conceptual drawings considering the extent to which the Offeror demonstrates a clear understanding of the architectural and engineering requirements of the project. The Government will evaluate the Offeror's technical solution to determine adherence to the technical requirements of the RFP.

i. Acceptable. All required drawings are submitted; the drawings address all key aspects of the project and are adequate to use for creating detailed design drawings, The Offeror illustrates understanding of the statement of the requirements.

ii. Unacceptable. The Offeror did not submit all required drawings or the drawings submitted do not address all key aspects of the project or are not adequate to use for creating detailed design drawings. The Offeror did not illustrate understanding of the statement of the requirements.

B. A. Part 1, Section 00 73 00 - Supplementary Conditions, Host Nation Requirements, the second paragraph is revised per the following:

Changed from:

Contractor Licensing and Hiring Requirements 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 has established international agreements with the Philippines that include provisions relating to the procurement of supplies, employment preferences and use of local and U.S. contractors, as well as restrictions on hiring of third country nationals or utilization of third country contractors. Offerors are expected to comply with all controlling international agreements and with the laws of host nations whether the United States Government provides notice of the existence of such requirements. The contractor will not be permitted use of third country personnel or contractors in the performance of this contract without a demonstration that reasonable efforts to employ citizens, nationals, and permanent residents of host nation and the United States, or contractors of the host nation and the United States, have been made and that wages competitive with or higher than those being paid for similar work performed in the host nation by citizens of the host nation or of the United States are being offered.

The contractor shall not employee third country personnel or contractors without written notification of United States approval from the Contracting Officer.

Contractor Licensing and Hiring Requirements 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 has established international agreements with Malaysia that include provisions relating to the procurement of supplies, employment preferences and use of local and U.S.

contractors, as well as restrictions on hiring of third country nationals or utilization of third country contractors. Offerors are expected to comply with all controlling international agreements and with the laws of host nations whether the United States Government provides notice of the existence of such requirements. The contractor will not be permitted use of third country personnel or contractors in the performance of this contract without a demonstration that reasonable efforts to employ citizens, nationals, and permanent residents of host nation and the United States, or contractors of the host nation and the United States, have been made and that wages competitive with or higher than those being paid for similar work performed in the host nation by citizens of the host nation or of the United States are being offered.

The contractor shall not employee third country personnel or contractors without written notification of United States approval from the Contracting Officer.

C. Answers to Pre-Proposal Inquiries (PPIs) are provided in Attachment-01 Questions & Answers of this amendment. As a result of the provided answers, Attachment-02, summarizing changes under Parts 3, and Attachment-03 Revised BOQ are incorporated into the solicitation.

The date set for receipt of proposals is unchanged and remains on August 28, 2024 at 1100am, Thailand Time.

All other paragraphs, provisions, and conditions remain unchanged.

The offeror must acknowledge receipt of this amendment.

SECTION 00 22 00 - SUPPLEMENTARY INSTRUCTIONS

The following have been modified:

EVALUATION FACTORS FOR AWARD

Section 002200 – Supplementary Instructions

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 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 them to be necessary. In addition, 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.

1.3 BASIS OF AWARD

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 Non-Cost Factor 4 – Techinal Solution

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 how well a contractor has performed.

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 with 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.

Provide in both PDF and Excel formats;

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 4;

vii. Evidence of active SAM.gov registration at www.sam.gov.

(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) 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:

a. Similar in Size: Construction Projects between $250,000 and $1,000,000 in final construction cost. Any project outside this range may not be considered.

b. Similar in Scope: Design build construction or renovation of a single or multistory reinforced concrete or steel structure building with a minimum size of 500 SM.

c. Similar In Complexity: Construction projects involving managing multiple work sites performed in Southeast Asia, Nepal, Maldives, or Timor-Leste.

Projects submitted for the Offeror shall be completed within the past (5) years of the date of issuance of this RFP. If submitting an ongoing construction project, the project should 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 Venture (JV), relevant project experience should be submitted for projects completed by the Joint Venture entity or the Joint Venture partners. Offerors are still limited to a total of five (5) projects combined.

If an Offeror is utilizing experience information of affiliates/subsidiaries/parent/LLC/LTD member companies (name is not exactly as stated on the SF1442), the proposal shall clearly demonstrate that the affiliate/subsidiary/parent firm will have meaningful involvement in the performance of the contract in order for the past performance information of the affiliate/subsidiary/parent/LLC/LTD member companies to be considered. The proposal shall state specific commitments of technical resources (e.g., personnel, equipment) that the affiliate/subsidiary/parent/LLC/LTD member companies commit to the performance of this contract. In particular, the proposal will clearly state the specific commitments of resources of the affiliate/subsidiary/parent/LLC/LTD member that will be located at the worksites and company offices in the city/area of the project. The proposal shall also describe specific roles of the affiliate/subsidiary/ parent/LLC/LTD member companies in terms of the work it will either self-perform or manage on behalf of the Offeror in performance of the contract. Any projects submitted in excess of the five (5) will not be considered.

(b) Basis of Evaluation: The basis of evaluation will include the Offeror’s demonstrated experience and depth of experience in performing similar design-build construction projects with the relevant characteristics defined in the solicitation submittal requirements for this non-cost factor above. The assessment of the Offeror’s relevant experience will be used as a means of evaluating the capability of the Offeror to successfully meet the requirements of the RFP. The Government will only review five (5) projects. Any projects submitted in excess of the five (5) for Offeror experience will not be considered. The Government will not evaluate information exceeding the first two (2) pages for each Project Data Sheet.

i. Acceptable. The contractor has demonstrated construction experience in performing similar design-build construction projects with the relevant characteristics defined in the solicitation submittal requirements for this non-cost factor.

ii. Unacceptable. The contractor did not submit Offeror Experience Project Data Sheets, the submitted data sheets did not demonstrate relevant construction experience performing similar design-build construction projects with the relevant characteristics defined in the solicitation submittal requirements for this non-cost factor, or the Offeror submitted less than three (3) relevant projects.

(1) Non-Cost Factor 2 - Past Performance:

(a) If a completed Contractor Performance Assessment Reporting System (CPARS) evaluation is available, it shall be submitted with the proposal for each project included in Factor 1 Offeror Experience. If there is not a completed CPARS evaluation, then submit Past Performance Questionnaires (Exhibit C) for each project included in Factor 1. The Offeror should provide completed Past Performance Questionnaires (PPQ) in the proposal. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs.

However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation. If the Offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the Offeror shall complete and submit with the proposal the first page of the PPQ, which will provide contract and client information for the respective project(s). The Government may make reasonable attempts to contact the client noted for that project(s) to obtain the PPQ information. However, Offerors should follow-up with clients/references to help ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government’s point of contact, Contract Specialist.

Offerors may provide any information on problems encountered and the corrective actions taken on projects submitted under Factor 1 – Offeror Experience. Offerors may also address any adverse past performance issues. Explanations shall not exceed two (2) double-sided pages (or four (4) single-sided pages) in total.

The Government reserves the right to contact references for verification or additional information. The Government’s inability to contact any of the Offeror’s references or the references unwillingness to provide the information requested may affect the Government’s evaluation of this factor.

Performance award or additional information submitted will not be considered.

(b) Basis of Evaluation: This evaluation will consider how well the Offeror’s team performed on relevant projects submitted under Factor 1 – Offeror Experience and may also consider past performance on other projects currently documented in known sources. In addition to the above, the Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources including sources outside of the Government.

Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval Systems (PPIRS) using all CAGE/UEI numbers of Contractors who are part of a partnership or joint venture identified in the offeror’s proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the offeror.

The Government will consider the recency and relevance of the information, the source of the information, context of the data, and general trends in the Contractor’s performance. This evaluation is separate and distinct from the Contracting Officer’s responsibility determination.

The assessment of the Offeror’s team’s past performance will be used as a means of evaluating the Offeror’s team’s probability to successfully meet the requirements of the RFP.

i. Acceptable. The Offeror has satisfactory or better ratings in the Contractor Performance

Assessment Reporting System (CPARS) or on Past Performance Questionnaires (PPQ) (Exhibit C) for at least three (3) projects rated acceptable in Factor 1. In the case of an Offeror without a record of recent and 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. Therefore, the Offeror shall be determined to have “unknown” past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

ii. Unacceptable. The Offeror was not rated satisfactory or better in the Contractor Performance Assessment Reporting System (CPARS) or on Past Performance Questionnaires (PPQ) (Exhibit C) for at least three (3) of the projects determined to be relevant and acceptable under Factor 1 – Offeror Experience, or the Government has found less than satisfactory documentation for the contractor’s performance using Government databases. Additionally, Offerors will be rated unacceptable if they do not provide a CPARS if it exists for any project submitted under Factor 1 – Offeror Experience. Submitting a PPQ in place of a CPARS when a CPARS exists will result in unacceptable rating.

(2) Non-Cost Factor 3 - Safety:

(a) Submittal Requirements: The Offeror shall submit a safety narrative that fully describes the safety management system that they will use to oversee the safety compliance and performance of self-performed and subcontractor (if utilized) performed work. The narrative should describe any innovative methods that will be employed to ensure and monitor safe work practices at self-performed and all subcontractor (if utilized) performed work. Additionally, the narrative should describe the methods Offeror will use to execute an effective safety program including mishap prevention techniques and processes, encouraging employee reporting of unsafe conditions, and preventing unsafe work activities that could lead to near-miss or injury mishaps. The technical approach to safety narrative shall be limited to five (5) pages.

(b) Basis of Evaluation: The Government will evaluate the narrative to determine how the Offeror will implement and oversee its safety program for protection of the prime contractor and subcontractor (if utilized) personnel. The Government will evaluate the Offeror’s plan to monitor safety performance of the prime contractor and all subcontractors (if utilized) during contract performance, with a focus on specific management practices that will be utilized for providing deliberate safety program management and mishap prevention. The Government will only evaluate up to the first five (5) pages submitted.

i. Acceptable. The Offeror demonstrates an understanding of the requirement to provide for the safety of prime and subcontractor (if utilized) personnel, the narrative describes the methods Offeror will use to execute an effective program that includes mishap prevention techniques and processes, encouraging employee reporting of unsafe conditions, and prevents unsafe work activities that could lead to near-miss or injury mishaps.

ii. Unacceptable. The Offeror’s narrative does not demonstrate an understanding of the requirement to provide for the safety of prime and subcontractor (if utilized) personnel, the narrative does not describe the methods Offeror will use to execute an effective program that includes mishap prevention techniques and processes, encouraging employee reporting of unsafe conditions, and does not prevent unsafe work activities that could lead to near-miss or injury mishaps, or the Offeror did not submit a sufficient narrative within the first five (5) pages.

(3) Non-Cost Factor 4 - Technical Solution:

(a) Submittal Requirements:

i. Provide the following conceptual design drawing details:

1. Floor plan for the 4 facilities, including the FFE placement.

(b) Basis of Evaluation: The Government will evaluate the narrative, and conceptual drawings considering the extent to which the Offeror demonstrates a clear understanding of the architectural and engineering requirements of the project. The Government will evaluate the Offeror's technical solution to determine adherence to the technical requirements of the RFP.

i. Acceptable. Narrative, and All required drawings, are submitted; the narrative accurately describes the requirements, the drawings address all key aspects of the project and are adequate to use for creating detailed design drawings, The Offeror illustrates understanding of the statement of the requirements.

ii. Unacceptable. The Offeror did not submit a narrative, all required drawings or the drawings submitted do not address all key aspects of the project or are not adequate to use for creating detailed design drawings. The Offeror did not illustrate understanding of the statement of the requirements.

2.4 FINAL SELECTION

All Offerors will be evaluated for each of the technical (non-cost) Factors and the responsible Offeror submitting the lowest priced technically acceptable offer will be selected for contract award. A responsibility determination shall be made for each presumed awardee. A presumed awardee may be determined to be non-responsible if it has an excessive amount of current awards or ongoing projects, is currently behind or has excessive rework issues on existing contracts, or is otherwise deemed an increased risk to the US Government for unsuccessful performance.

SECTION 00 73 00 - SUPPLEMENTARY CONDITIONS

The following have been modified:

HOST NATION REQUIREMENTS

52.236-7 Permits and Responsibilities. (Nov 1991)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor’s fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

(End of clause)

Contractor Licensing and Hiring Requirements 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 has established international agreements with Malaysia that include provisions relating to the procurement of supplies, employment preferences and use of local and U.S. contractors, as well as restrictions on hiring of third country nationals or utilization of third country contractors. Offerors are expected to comply with all controlling international agreements and with the laws of host nations whether the United States Government provides notice of the existence of such requirements. The contractor will not be permitted use of third country personnel or contractors in the performance of this contract without a demonstration that reasonable efforts to employ citizens, nationals, and permanent residents of host nation and the United States, or contractors of the host nation and the United States, have been made and that wages competitive with or higher than those being paid for similar work performed in the host nation by citizens of the host nation or of the United States are being offered.

The contractor shall not employee third country personnel or contractors without written notification of United States approval from the Contracting Officer.

Permit Compliance The United States does not directly hold environmental permits in the host nation. The contractor shall comply with environmental permits held by the host nation for the benefit of a DoD project even if the contractor is not named in the permit. Contractor shall document general procedures and their implementation for compliance with permit conditions, Best Management Practices, and required mitigations. Contractor shall be responsible for any required corrective actions. Contractor shall provide permit compliance and corrective action documentation to the COR and any additional Government and Host Nation representatives as requested by the COR.

Temporary Construction Facilities Physical Appearance Be aware of local sensitivities and cultural values. Temporary facilities and visible components thereof shall be of solid color without visible markings, graphics, and/or text.

Biosecurity for Construction Contracts Invasive species can be purposefully or inadvertently moved with construction equipment, personal protective equipment and hand tools, foot traffic, vehicles and vessels, raw construction materials, and packing materials.

Invasive species can become pests and affect the economy, ecology, and human health. It is critically important to be aware of ways to prevent the movement of invasive species and implement best management practices. The Contractor shall take all practicable measures to prevent introduction or spread of invasive species in association with contract performance, including importation of supplies, equipment or personnel and movement of supplies, equipment, or personnel between locations. At a minimum, all activities shall comply with U.S. and host nation biosecurity laws and regulations, shall include 100 percent inspection of equipment and supplies. If the contract performance results in introduction or spread of invasive species, the contractor shall be responsible for taking appropriate measures, in consultation with appropriate authorities, to contain and prevent contract related spread of such species at no additional cost to the government. In addition, the Contractor shall:

a. Comply with all necessary inspections of raw construction materials, equipment, and vehicles for invasive and pest species prior to entering of the project site and prior to moving equipment offsite. The Contractor is responsible for any cleaning or inspection fees.

b. Non-native invasive species can be inadvertently moved with construction equipment, Personal protective equipment, hand tools, foot traffic, vehicles, vessels, raw construction materials, and packing materials.

c. Conduct vehicle washdown and inspection for soil and other material to prevent the inadvertent movement of invasive species from the project site to other locations. Establish appropriate facilities that comply with all environmental laws and regulations, and promptly take corrective or preventative actions for noncompliance. Include these details in a biosecurity/Hazard Analysis and Critical Control Point (HACCP) plan and environmental briefs.

d. Submit a biosecurity/HACCP Plan, prepared in accordance with USFWS HACCP Manual for all imported equipment and imported construction materials and supplies. The HACCP plan must address, as a minimum, the identification and control of invasive and non-native species in construction equipment and construction materials and supplies.

e. Implement and update the HACCP plan accordingly to reduce the risk of spreading invasive species. The HACCP development team should include at least two members, one member with biological expertise with invasive species and one member from the project team who has a clear understanding of the project activities and requirements. Contractor is responsible for training all personnel on the project specific HACCP requirements once the plan is approved by the Government.

f. The Contractor must compile all supporting documentation (e.g. reports, checklists and logs) required under their HACCP Plan and submit such documents to the Contracting Officer on a monthly basis. Once all HACCP plan activities are complete, bound hardcopies of the plan and all supporting documentation and submit to the Contracting Officer.

(End of Summary of Changes)

D/B Construct Maritime Training Facilities Amendment 0002 N6274224R6722 Kuching, Sarawak, Malaysia Attachment 01 Answers to PPIs

EXHIBIT A – PRE-PROPOSAL INQUIRY (PPI) FORM

No. Reference (Sect/Para/Page)

QUESTION GOVERNMENT RESPONSE

1 BARRACKS

Part 3 / Para 2 / page 1of 27 & Part 6 /Layout /

As per layout it is shown total nos of rooms (per block is 8) x 2 = 16.

But requirement in 13 rooms + 5 rooms = 18.

Pls confirm there are 18 nos or room available for refurbishment.

Per Amendment 0001, Part 3, Section 1. The requirement has been changed to 16 double-occupancy rooms.

2 BARRACKS

Part 3 / 5.1.1 / page 6 of

2.1 Repaint of All exterior walls.

During our site visit it was pointed out that currently the MMEA undertaking painting of Exterior walls of buildings.

Are those buildings under our scopes included?

2.2 Do we cost for painting of

exterior walls?

Per Part 3, section B201009.

All exterior wall shall be repainted.

The contractor shall cost the painting of the exterior walls.

3 BARRACKS

Part 3 / B2030 /b/ page 11/27

It is stated Door frames shall be aluminum with solid filled / Door leaves with glass panel.

Please provide clarification on DOORS and they are currently wooden Leaf and wooden frame.

Per Part 3 section B2030.

Door frames shall be made of aluminum with solid wood filled inside, except emergency exit door.

Door leaves shall be made of aluminum with glass panel, except emergency exit door and barrack door.

Door leaves of the barrack shall be seasoned-weather proof solid wood.

4 BARRACKS

Part 3 / C3020 / page 13 of 27

Floor finishes to be 600 x 600mm

sq. granite tiles. Please confirm

One of the Barrack is already tiled with 300x 300 mm sq ceramic tiles.

Are these tiles to be removed and replaced with new tiles?

Per Part 3, section C3020.

a. Replace all of the existing interior floor tiles of the barracks.

b. Primary floor finishes to barrack’s internal area shall be 600 x 600 mm square granite tile, except 400 x 400 mm square ceramic tile provided to toilets area.

Kuching, Sarawak, Malaysia Attachment 01 Answers to PPIs

5 BARRACKS

general

There is no Water Heater for each bathroom. No mention in the

SOW.

Please confirm.

Per Part 3, section D2010. The shower head shall be equipped with both cold and hot water pipes. No water heater is required; only the plumbing pipes are needed.

6 CLIN 0002 – DFAC

General

6.1 Is the layout of the kitchen is

to be maintained?

6.2 Are the counter tops to be

maintained?

6.3 Existing Hood to be used?

Per Part 3, section 5.2.1.

6.1. Kitchen layout will be

maintained

6.2 Counter tops will be

maintained.

6.3 Existing hood will be used.

7 DFAC

Part 3 / D30 / page 19of

27/HVAC

It is stated to install split type Air Conditioner in the dining area.

At present there is shown as central air conditioning system for the Auditorium.

Please confirm the existing air conditioning system is not to be used.

Per Amendment 0001, Part 3, section D30. The type of the air conditioning shall be determined by the contractor.

8 DFAC Similar to item 2.

External Painting required?

Per Part 3, section 6.2. No painting work is required for DFAC.

9 SHORE

MAINTENANCE

FACILITY

Part 3 /CLIN 0004 / 5.4.1/

Is there Existing Dining and Kitchen?

Per Amendment 0001, Part 3 section 5.4.1. No, there is no existing dining and kitchen in the shore maintenance facility.

10 Part 6 /6.3 / page 7 10.1 Are the areas like section electrical, filters office O.B.M, tool store, office, locker rooms and toilets included in the renovation?

10.2 If so, what is the SOW?

No, per Part 3, Section 1, the Maritime Training Facilities consist of 5 buildings: Barracks (2 buildings), Dining Facilities (DFAC), Training Room, and Shore Maintenance Facility.

Kuching, Sarawak, Malaysia Attachment 01 Answers to PPIs

11 General Similar to Item 2

External wall to be painted?

Per Part 3, section 6.1, B201009.

The external painting work only required for the barracks.

12 General Are we to replace only the damaged lights or

ALL the lights as it is mentioned lights to be replaced with energy saving lighting system?

Per Part 3, section 6, D502002

Replace all of the damaged lightings and switches.

13 Part 2 / no 1 / page 16 13.1 For Site Layout / Building foot prints etc, need to be freshly surveyed? Or will be provided by the owner?

13.2 Is the whole area to be

surveyed?

Per Part 3, section 4. The selected Contractor shall carry out detailed surveys of the site and prepare full basis of designs for each aspect of the project and final drawings for approval by the Contracting Officer’s Representative (COR) before commencing construction.

14 General Since this project involves mainly Renovation job and most of the works involved are within the premises, The qualifications / experiences of Superintendent, Safety Office and Quality officer can be reduced?

No, per Part 2, The Project Superintendent, Quality Control Manager, and Site Safety Health Officer shall meet the requirements outlined in Sections 6, 8.1, and 31, respectively

15 BARRACKS

GENERAL

One of the Barrack is termite infested.

Anti-termite treatment required?

For external or internal.?

Per Amendment 0001, Part 3, section 6.1

A termite treatment is required for the barrack buildings both for interior and exterior.

16 General for all blocks There is no specific requirement for nos of Power outlet for the buildings and rooms.

Do we maintain the nos and check only the wirings?

Per Part 3, section 4. The selected Contractor shall carry out detailed surveys of the site and prepare full basis of designs in compliance with the local building codes and contract requirements for each aspect of the project and final drawings for approval by the Contracting Officer’s Representative (COR) before commencing construction.

Kuching, Sarawak, Malaysia Attachment 01 Answers to PPIs

17 SOW PART 3

1. PROJECT

DESCRIPTION

CLIN 0001

In paragraph 2:

The renovation of barracks refurbishes two existing barrack wings, which together comprise a total of 18 rooms with individual bathrooms.

Existing room of barrack ONLY 8 + 8 = 16 rooms. What about the lack of 2 rooms?

Per Amendment 0001, Part 3, Section 1. The requirement has been changed to 16 double-occupancy rooms.

18 CLIN 0001

B201009 EXTERIOR

PAINTING AND

COATINGS

a. Provide field applied exterior coatings for all items that are not prefinished, and to prefinished items when required to provide a color other than a standard prefinished color

We must repaint all items likes as fascia, metal railing, steel pole structure, metal canopy, and metal louvre on wall (all metal works)?

(only make sure)

Per Part 3, section B201009.

The exterior coating shall be applied for all items that are not prefinished and to prefinished items.

19 CLIN 0001

B2020 WINDOWS

a. Replace all of the deteriorated or damaged windows and add as necessary to provide efficient air circulation in each room.

We must replace all existing window?

Per Part 3, CLIN 0001 section B2020. Only deteriorated or damaged windows shall be replaced.

20 CLIN 0001

B2020 CEILING

FINISHES

a. Replace all of the deteriorated or damaged existing ceiling board, to include the frames.

We must replace all existing ceiling?

Per Part 3, CLIN 0001 section B2020. Only deteriorated or damaged ceiling shall be replaced.

Metal louvre

Metal structures

Kuching, Sarawak, Malaysia Attachment 01 Answers to PPIs

21 CLIN 0001

B2030 EXTERIOR

DOORS

g. Provide reinforced concrete canopy for every door and windows.

Is a concrete canopy still needed?

While the roof along the corridor is already wide, especially the roof at the back of the barrack has an additional canopy above the door and windows

Per AMD 0001, the requirement for the canopy has been removed.

22 CLIN 0001

D2010 PLUMBING

FIXTURES

c. Provide and install shower head rain type in the barracks. Shower head shall be equipped with cold and hot water pipe.

Point C is not in the BOQ.

What about with the water heater?

Do we have to install a water heater too?

Per Part 3, section D2010. The shower head shall be equipped with both cold and hot water pipes. No water heater is required; only the plumbing pipes are needed.

23 CLIN 0001

G20 SITE

IMPROVEMENTS

Provide site improvements as required to make a useable facility that meets functional and operational requirements

What about the gap between fascia and the roof?

Per Part 3, section 4 and G20, The selected Contractor shall carry out detailed surveys of the site and prepare full basis of designs for each aspect of the project and final drawings for approval by the Contracting Officer’s Representative (COR) before commencing construction.

The contractor shall provide site improvement to make usable facility that meets functional and operational requirements.

24 CLIN 0001

G302005 SEPTIC

TANKS

Point A is not in the BOQ.

a. Design, provide and install septic tanks treatment system.

Per Amendment 0001, Bill of Quantity has been revised to include the septic tank.

The bill of quantity (BoQ) was provided as a guide, the contractor may add the items that were probably missed out in the BoQ.

Metal louvre

Kuching, Sarawak, Malaysia Attachment 01 Answers to PPIs

25 CLIN 0002

G1020 SITE

DEMOLITION AND

RELOCATIONS

Should we dismantle the existing stage?

No, per Part 3, section G1020.

The existing stage shall remain as it is; no dismantling work is required.

26 CLIN 003

D30 HVAC

a. Design, furnish and install split type Air Conditioner in the training room. Actual unit BTU capacity shall be determined by the contractor.

Can we use ceiling type AC, because almost all the walls are big windows?

Per Amendment 0001, the type of the air conditioning shall be determined by the contractor.

27 CLIN 004

C3020 FLOOR

FINISHES

a. Repair all of the surface concrete crack

As far as we can see, we did not see any significant cracks in the existing concrete slab.

Per Amendment 0001, the requirement to repair the concrete crack has been removed.

Attachment 2 Summary of Changes Amendment 0002 N6274224R6722

SUMMARY OF CHANGES

PART 3

STATEMENT OF WORKS

1. On Page 1 of 27 under item 01 PROJECT DESCRIPTION;

Change from:

This is a design build project to provide complete design and construction of a Maritime Training Facilities in Kuching, Sarawak, Malaysia. The Maritime Training Facilities consist of 5 buildings:

Barracks (2 buildings), Dining Facilities (DFAC), Training Room, and Shore Maintenance Facility.

The renovation of barracks refurbishes two existing barrack wings, which together comprise a total of 18 16 rooms with individual bathrooms. This refurbishment will provide accommodations for 26 32 students, all with 12 16 rooms are designated for double occupancy, and 5 rooms designated for single occupancy. The renovations will include replacing floor tiles, interior repainting, upgrading lighting, and installing new water closets, showers, and sinks. Each room will be furnished with beds, wardrobes, tables, and chairs to ensure a comfortable and functional living environment.

The renovation of the Dining Facility (DFAC) refurbishes an existing dining and kitchen (galley) facility to accommodate service for 50 people. This renovation includes upgrading the electrical wiring and installing a new split air conditioning.