W5J9JE18R0006_Amend_0001_03Mar18.pdf

W5J9JEANA18064

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

W5J9JE18R0006 ANA-18-064 Design-Build of Base Facilities at Camp John Pratt in Mazar-E-Sharif, Afghanistan. The solicitation is amended as outlined below .

1. CONTRACT ID CODE PAGE OF PAGES

J 1 19

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

16C. DATE SIGNED

BY 03-Mar-2018

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 W5J9JE18R0006

X 9B. DATED (SEE ITEM 11)

28-Feb-2018

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

03-Mar-2018

CODE

TRANSATLANTIC AFGHANISTAN ENGINEER - TAA

DISTRICT (TAA), US ARMY CORPS OF ENGINEERS

CETAA-CT, BAGRAM AE 09354

W5J9JE 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W5J9JE18R0006

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The required performance has changed from Design-Build of Base Facilities at Camp John Pratt in Mazar- E-Sharif, Afghanistan, ANA-18-064FULL AND OPEN COMPETITION: This solicitation is open to all offerors.

Offerors must have an active and valid AISA/MOCI license and an active and updated registration in SAM and JCCS at the time of proposal submission in order for the offeror's Phase 1 proposal to be evaluated. Offerors must maintain valid and active registrations throughout the solicitation phases and, if awarded a contract, throughout the contract's period of performance duration.In accordance with local USACE policy, an Afghan firm will receive award in U.S. dollars, but will be paid in Afghan currency. See Clause 252.232-7014 and 5152.232-5900 herein for further information. For a non-Afghan firm, award will be made in U.S. dollars and paid in U.S. dollars. NOTE:

IAW AFARS 5132.702(a)(ii)(B), "Funds are not presently available for this acquisition. No contract award will be made until appropriated funds are made available." to Design-Build of Base Facilities at Camp John Pratt in Mazar- E-Sharif, Afghanistan, ANA-18-064FULL AND OPEN COMPETITION: This solicitation is open to all offerors.

Offerors must have an active and valid AISA/MOCI license and an active and updated registration in SAM and JCCS at the time of proposal submission in order for the offeror's Phase 1 proposal to be evaluated. Offerors must maintain valid and active registrations throughout the solicitation phases and, if awarded a contract, throughout the contract's period of performance duration.In accordance with local USACE policy, an Afghan firm will receive award in U.S. dollars, but will be paid in Afghan currency. See Clause 252.232-7014 and 5152.232-5900 herein for further information. For a non-Afghan firm, award will be made in U.S. dollars and paid in U.S. dollars. NOTE: In accordance with AFARS 5132.702(a)(ii)(B), "Funds are not presently available for this acquisition. No contract award will be made until appropriated funds are made available.".

The following have been modified:

1. The following Table of Contents provides the Uniform Contract Format (UCF) sections within this solicitation and their corresponding title of content information.

SECTION TITLE

A Part I – The Schedule

B Solicitation/Contract Form

C Supplies or Services and Prices

D Packaging and Marking

E Inspection and Acceptance

F Deliveries or Performance

G Contract Administration Data

H Special Contract Requirements

I Contract Clauses

J List of Documents, Exhibits & Other Attachments

K Representations, Certifications & Other Statements of Offerors

L Instructions, Conditions & Notices to Offerors

M Evaluation Factors for Award

2. PRELIMINARY SCOPE OF WORK OF THIS SOLICITATION’S DESIGN-BUILD PROJECT

REQUIREMENT – FINAL VERSION TO BE PROVIDED IN PHASE 2

This project requires the contractor to design and build new utilities infrastructure and facilities at Camp John Pratt in Mazar-E Sharif. New utilities to be provided include electrical power, communications (e.g., telephone and Internet}, potable water, waste water, and site drainage. New facilities to be constructed include barracks (x15), latrines (x2}, laundries (x5), dining facilities (x2}, fitness center (x1), medical clinic (x1), headquarters buildings (x3}, tactical operations center (x1), logistics building (x1), classrooms (x5), vehicle maintenance facility (x1), fire station (x1), small arms storage (x3}, storage buildings (x4), electric power generation plant with refueling station, water supply system with well house, waste water treatment plant, entry control point and perimeter fence. All facilities, systems and structures will be delivered complete and ready for occupancy and use.

Priority 1 ‐ Site Improvements & Force Protection:

Facility Standard Design Type Quantity

1) Demolition N/A

2) Perimeter Fence N/A

3) Site Grading & Drainage N/A

4) Potable Water Distribution Piping w/ Stub‐outs N/A

5) Sanitary Sewer Piping w/ Stub‐outs N/A

6) Roads N/A

7) Existing Road & Ditch Maintenance N/A

8) Entry Control Point FP05 x2

Priority 2 ‐ Billeting:

1) Officers Barracks B03 x2

2) NCO Barracks B04 x4

3) Classroom CL01 x4

4) Latrine ‐ Medium L02 x2

5) Electric Power Generation U01 x1

6) Electric Distribution for Priority 2 Facilities N/A

7) Potable Water Well House U03 x2

8) Potable Water Booster Pump House U06 x1

9) Potable Water Storage Tanks N/A

10) Waste Water Treatment Plant N/A

11) Dining Facility D02 x1

Priority 3 ‐ Remaining Work:

1) Officers Barracks B03 x2

2) NCO Barracks B04 x3

3) Classroom CL01 x1

4) Small Arms Storage S03 x3

5) Headquarters Building AD04 x3

6) Tactical Operations Center TOC x1

7) Medical Clinic MS01 x1

8) Laundry MS02 x5

9) Fitness Center MS03 x1

10) Fire Station VM01 x1

11) Fire Station Water Supply MS14 x1

12) Logistics Building VM01 x1

13) Vehicle Maintenance Facility VM02 x1

14) Fuel Storage & Refueling Point VM03 x1

15) POL Storage VM06 x1

16) Medium Office / Barracks B25 x4

17) Storage S01 x3

18) Propane Storage Sunshade U13a x2

19) Ammunition Storage Point N/A

20) Electric Distribution for Priority 3 Facilities N/A

Standard designs for facilities and structures that make up Priority 1, 2 and 3, will be provided in the Plans and Specifications volume of the Phase 2 Solicitation. Those items above that are designated with an ‘N/A’ will need to be designed by the contractor.

NAICS Code: 236220

Estimated Magnitude Range of Construction Price: Between $25 Million and $100 Million

Total # of Days Period of Performance (PoP) Duration to Complete Contract: 947 Calendar Days

(a) # of Days PoP to Complete Priority 1 and Priority 2: 348 Calendar Days

(b) # of Days PoP to Complete Priority 3: 599 Calendar Days

3. PROCUREMENT METHODOLOGY

(a) This is a full and open, 2-phase, design-build, tradeoff source selection procurement using FAR Parts 15 and 36 proposal evaluation procedures. The following are the evaluation factors for Phases 1 and 2 of this solicitation:

Phase 1 Factor 1 – Specialized Experience Factor 2 – Construction Management Capability Factor 3 – Past Performance

Phase 2 Factor 4 – Design Capability Factor 5 – Project Management Approach Factor 6 – Scheduling Capability Factor 7 – Key Personnel Factor 8 - Price

(b) Proposal submittal requirements are found in Section L herein.

(c) The basis of award is in Section M herein.

(d) Pursuant to FAR 36.303-1, the Government intends to advance between 5 and 8 Phase 1 offerors to Phase 2 of the solicitation.

4. ENTRY-GATE CRITERIA – As authorized in the Army Source Selection Supplement (SSS) of 28 Nov 2017, the Government will utilize entry-gate criteria and a pass/fail rating methodology to evaluate objective requirements prior to the start of evaluating the Phase 1 proposals.

The objective requirements for this solicitation are as follows:

(a) REQUIRED REGISTRATIONS AND LICENSE

Failure of an offeror to have the following at the time of Phase 1 proposal due date, will result in the offeror’s Phase 1 proposal not being evaluated, and, thus, removed from competition:

(1) have an active, updated and completed registration in the System for Award Management (SAM) database;

(2) be determined base access eligible in the Joint Contingency Contracting System (JCCS); and,

(3) possess an Afghan Investment Support Agency (AISA) License or a Ministry of Commerce and Industries (MOCI) Entrepreneurial License, An offeror who would otherwise be awarded the contract, but due to an incomplete or expired registration(s) at any time up to contract award, will be deemed ineligible for the contract. Should this occur, the Government will then consider for award the next highest rated proposal with a reasonable price, who is determined responsible pursuant to the definition of ‘responsibility’ in FAR Part 9, and who possesses updated and valid registrations and is base access eligible according to JCCS.

The responsibility of maintaining current information in the following databases and organizations rests solely on the offeror:

a. System for Award Management (SAM): http://www.sam.gov/

b. Joint Contingency Contracting System (JCCS): https://www.jccs.gov/

c. Afghan Investment Support Agency (AISA) License: http://www.aisa.org.af/ or Ministry of Commerce and Industries (MOCI) Entrepreneurial License:

http://moci.gov.af/

If an offeror is a joint venture (JV), the JV entity must have a valid registration representing the JV as one (1) business, firm or entity. This is also applicable to SAM, JCCS, AISA or MOCI License. The Government will not accept separate registrations and licenses for each separate entity representing the JV.

(b) REQUIRED BONDS

For this design-build project, the Government requires the winning contractor to provide a performance bond and a payment bond in an amount equal to 50% of the contract price. Thus, in addition to database registrations described in Paragraph 3(a) above and the offeror’s Phase 1 proposal receiving favorable ratings, another condition in order to advance to Phase 2 is the offeror’s ability to obtain the 2 required bonds as determined by the offeror’s response to the bonding question in the ‘Questionnaire for Phase 1 Offerors’ attachment. In that Questionnaire, the offeror must respond that he would be able to obtain the required bonds within 21 days after receiving contract award; otherwise, the offeror’s proposal will not advance to Phase 2.

For Phase 2, offerors must include in their Phase 2 proposal, an Irrevocable Letter of Credit (ILC) or a similar official, written commitment from an established financial institution, that attests to the offeror’s ability to obtain the required performance and payment bonds within 21 days of receiving contract award. Without an ILC or similar document in the offeror’s Phase 2 Proposal, the offeror will not be considered for contract award. FAR clause 52.228-14 explains the ILC in detail, and it is included in this solicitation in full text.

If the contractor is unable to obtain the 2 bonds 21 days after contract award, the Notice to Proceed (NTP) will not be issued, and the contract will be terminated.

5. INSTALLATION ACCESS REQUIREMENT

In accordance with CENTCOM Clause 5152.225-5916, Mandatory Eligibility for Installation Access, the Government will remove an offeror from consideration and not evaluate or complete the evaluation of his proposal if the offeror is found to be base access ineligible in the Joint Contingency Contracting System (JCCS/JCXS). The Government reserves the right to make this determination at any time prior to contract award, including at the time of receipt of proposals and prior to the start of evaluations. The Government also reserves the right to determine an offeror ineligible for award at any time after receipt of proposals if an offeror becomes ineligible for installation access. No debriefing will be provided for those offerors removed from consideration as a result of their base access ineligibility, since the determination may be made in advance of the offeror’s proposal being reviewed or in advance of the Government completing its evaluation. Offeror queries or requests for reconsideration related to installation or base access eligibility must be directed to the authority responsible for base access decisions, and NOT the Contracting Officer.

6. QUESTIONS FROM OFFERORS

All offeror questions must be emailed to nikisha.w.cook@usace.army.mil and mary.j.harding@usace.army.mil.

Responses to questions will be provided via an amendment to the solicitation.

7. PHASE 1 PROPOSAL DUE DATE

(a) The Past Performance Questionnaire attachment must be completed by each of the offeror’s customer/client POCs, and each POC must email the completed form to nikisha.w.cook@usace.army.mil and mary.j.harding@usace.army.mil no later than 1500 HRS, Local Kabul Time, on 15 March 2018.

(b) Phase 1 Proposals, excluding completed Past Performance Questionnaires, must be emailed to the following persons no later than 1500 HRS, Local Kabul Time, on 24 March 2018:

Nikisha Cook at nikisha.w.cook@usace.army.mil Mary Harding at mary.j.harding@usace.army.mil

SECTION I - CONTRACT CLAUSES

The following have been added by full text:

252.236-7004 PAYMENT FOR MOBILIZATION AND DEMOBILIZATION (DEC 1991)

(a) The Government will pay all costs for the mobilization and demobilization of all of the Contractor's plant and equipment at the contract lump sum price for this item.

(1) percent of the lump sum price upon completion of the contractor's mobilization at the work site.

(2) The remaining percent upon completion of demobilization.

(b) The Contracting Officer may require the Contractor to furnish cost data to justify this portion of the bid if the Contracting Officer believes that the percentages in paragraphs (a) (1) and (2) of this clause do not bear a reasonable relation to the cost of the work in this contract.

(1) Failure to justify such price to the satisfaction of the Contracting Officer will result in payment, as determined by the Contracting Officer, of --

(i) Actual mobilization costs at completion of mobilization;

(ii) Actual demobilization costs at completion of demobilization; and

(iii) The remainder of this item in the final payment under this contract.

(2) The Contracting Officer's determination of the actual costs in paragraph (b)(1) of this clause is not subject to appeal.

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 30% percent of the total amount of work to be performed by Prime Contractor and 70% by subcontractor under this contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

(End of clause)

The following have been deleted:

52.228-14

The following were previously included by reference and are now included by full text:

52.228-15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (OCT 2010)

(a) Definitions. As used in this clause--

Original contract price means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds (Standard Form 25-A). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection. (i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the U.S. Department of the Treasury, Financial Management Service, Surety Bond Branch, 3700 East West Highway, Room 6F01, Hyattsville, MD 20782. Or via the internet at http://www.fms.treas.gov/c570/.

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

QUESTIONNAIRE FOR ALL PHASE 1 OFFERORS

WRITE N/A IF IT IS NOT APPLICABLE TO YOUR FIRM.

(THIS FORM MUST BE INCLUDED IN THE OFFEROR’S

PHASE 1 PROPOSAL)

NAME OF OFFEROR___________________________________________________________

IF JOINT VENTURE, NAMES OF BOTH COMPANIES_______________________________

FULL NAME OF CONTRACT NEGOTIATOR(s) FOR YOUR FIRM

BUSINESS ADDRESS__________________________________________________________

CITY/STATE/ZIP CODE_________________________________________________________

PHONE NUMBERS_____________________________________________________________

EMAIL ADDRESSES___________________________________________________________

JCCS I.D. NUMBER____________________________________________________________

AISA CERTIFICATE OR MoCI LICENSE #_________________________________________

CAGE OR NCAGE CODE_______________________________________________________

DUNS NUMBER_______________________________________________________________

TAX I.D. NUMBER_____________________________________________________________

PRIMARY NAICS CODES_______________________________________________________

(1) IS YOUR BUSINESS PROFILE INFORMATION IN SAM.GOV UPDATED AND

CURRENT? ___________YES ___________NO

(2) NUMBER OF YEARS YOUR COMPANY HAS BEEN IN BUSINESS________________

(3) IN THE PAST FIVE YEARS, THE NUMBER OF DESIGN-BUILD CONSTRUCTION

PROJECTS YOUR COMPANY HAS COMPLETED

AS A PRIME CONTRACTOR ___________ AS A SUBCONTRACTOR___________

(4) WILL YOU BE ABLE TO INCLUDE IN YOUR PHASE 2 PROPOSAL, AN

IRREVOCABLE LETTER OF CREDIT (ILC) OR SIMILAR OFFICIAL WRITTEN

COMMITMENT BY A FINANCIAL INSTITUTION, THAT WILL ATTEST TO YOUR

ABILITY AS A BUSINESS TO OBTAIN A PERFORMANCE BOND AND A PAYMENT

BOND FOR THE RESULTANT CONTRACT? ____________YES ____________NO

(SEE FAR CLAUSE 52.228-14 FOR AN EXPLANATION OF AN ILC.)

(5) WITHIN 15 DAYS OF CONTRACT AWARD, WILL YOUR FIRM BE ABLE TO

OBTAIN A PERFORMANCE BOND AND A PAYMENT BOND THAT AMOUNTS TO 50%

OF THE CONTRACT PRICE? ____________ YES ____________ NO

PRINTED NAME, TITLE AND SIGNATURE OF COMPANY REPRESENTATIVE

COMPLETING THIS FORM

DATE THIS QUESTIONNAIRE WAS COMPLETED_________________________________

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

(a) “Irrevocable letter of credit” (ILC), as used in this clause, means a written commitment by a federally insured financial institution to pay all or part of a stated amount of money, until the expiration date of the letter, upon presentation by the Government (the beneficiary) of a written demand therefor. Neither the financial institution nor the offeror/Contractor can revoke or condition the letter of credit.

(b) If the offeror intends to use an ILC in lieu of a bid bond, or to secure other types of bonds such as performance and payment bonds, the letter of credit and letter of confirmation formats in paragraphs (e) and (f) of this clause shall be used.

(c) The letter of credit shall be irrevocable, shall require presentation of no document other than a written demand and the ILC (including confirming letter, if any), shall be issued/confirmed by an acceptable federally insured financial institution as provided in paragraph (d) of this clause, and--

(1) If used as a bid guarantee, the ILC shall expire no earlier than 60 days after the close of the bid acceptance period;

(2) If used as an alternative to corporate or individual sureties as security for a performance or payment bond, the offeror/Contractor may submit an ILC with an initial expiration date estimated to cover the entire period for which financial security is required or may submit an ILC with an initial expiration date that is a minimum period of one year from the date of issuance. The ILC shall provide that, unless the issuer provides the beneficiary written notice of non-renewal at least 60 days in advance of the current expiration date, the ILC is automatically extended without amendment for one year from the expiration date, or any future expiration date, until the period of required coverage is completed and the Contracting Officer provides the financial institution with a written statement waiving the right to payment. The period of required coverage shall be:

(i) For contracts subject to 40 U.S.C. chapter 31, subchapter III, Bonds, the later of--

(A) One year following the expected date of final payment;

(B) For performance bonds only, until completion of any warranty period; or

(C) For payment bonds only, until resolution of all claims filed against the payment bond during the one-year period following final payment.

(ii) For contracts not subject to the Miller Act, the later of--

(A) 90 days following final payment; or

(B) For performance bonds only, until completion of any warranty period.

(d)(1) Only federally insured financial institutions rated investment grade by a commercial rating service shall issue or confirm the ILC.

(2) Unless the financial institution issuing the ILC had letter of credit business of at least $25 million in the past year, ILCs over $5 million must be confirmed by another acceptable financial institution that had letter of credit business of at least $25 million in the past year.

(3) The Offeror/Contractor shall provide the Contracting Officer a credit rating that indicates the financial institutions have the required credit rating as of the date of issuance of the ILC.

(4) The current rating for a financial institution is available through any of the following rating services registered with the U.S. Securities and Exchange Commission (SEC) as a Nationally Recognized Statistical Rating Organization (NRSRO). NRSRO's can be located at the Web site http://www.sec.gov/answers/nrsro.htm maintained by the SEC.

(e) The following format shall be used by the issuing financial institution to create an ILC:

[Issuing Financial Institution's Letterhead or Name and Address]

Issue Date _ ___

IRREVOCABLE LETTER OF CREDIT NO. ___

Account party's name ___ _

Account party's address ___ _

For Solicitation No. W5J9JE-18-R-0006

TO: [USACE U.S. Government agency]

[TRANSATLANTIC AFGHANISTAN (TAA), USACE-TAA-HQ BAGRAM, APO AE 09354, U.S.A.U.S.

Government agency's address]

1. We hereby establish this irrevocable and transferable Letter of Credit in your favor for one or more drawings up to United States $ ___ . This Letter of Credit is payable at [issuing financial institution's and, if any, confirming financial institution's] office at [ ___ issuing financial institution's address and, if any, confirming financial institution's address] and expires with our close of business on ___ , or any automatically extended expiration date.

2. We hereby undertake to honor your or the transferee's sight draft(s) drawn on the issuing or, if any, the confirming financial institution, for all or any part of this credit if presented with this Letter of Credit and confirmation, if any, at the office specified in paragraph 1 of this Letter of Credit on or before the expiration date or any automatically extended expiration date.

3. [This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered.] It is a condition of this Letter of Credit that it is deemed to be automatically extended without amendment for one year from the expiration date hereof, or any future expiration date, unless at least 60 days prior to any expiration date, we notify you or the transferee by registered mail, or other receipted means of delivery, that we elect not to consider this Letter of Credit renewed for any such additional period. At the time we notify you, we also agree to notify the account party (and confirming financial institution, if any) by the same means of delivery.

4. This Letter of Credit is transferable. Transfers and assignments of proceeds are to be effected without charge to either the beneficiary or the transferee/assignee of proceeds. Such transfer or assignment shall be only at the written direction of the Government (the beneficiary) in a form satisfactory to the issuing financial institution and the confirming financial institution, if any.

5. This Letter of Credit is subject to the Uniform Customs and Practice (UCP) for Documentary Credits, International Chamber of Commerce Publication No. ___ -- (Insert version in effect at the time of ILC issuance, e.g., ``Publication 600, 2006 edition'') and to the extent not inconsistent therewith, to the laws of ___ --[State of confirming financial institution, if any, otherwise State of issuing financial institution].

6. If this credit expires during an interruption of business of this financial institution as described in Article 17 of the UCP, the financial institution specifically agrees to effect payment if this credit is drawn against within 30 days after the resumption of our business.

Sincerely, [ ___ Issuing financial institution]

(f) The following format shall be used by the financial institution to confirm an ILC:

___ [Confirming Financial Institution's Letterhead or Name and Address]

(Date) ___

Our Letter of Credit Advice Number ___

Beneficiary: ___ [U.S. Government agency]

Issuing Financial Institution: ___

Issuing Financial Institution's LC No.: ___

Gentlemen:

1. We hereby confirm the above indicated Letter of Credit, the original of which is attached, issued by ___ [name of issuing financial institution] for drawings of up to United States dollars ___ _/U.S. $ ___ and expiring with our close of business on ___ [the expiration date], or any automatically extended expiration date.

2. Draft(s) drawn under the Letter of Credit and this Confirmation are payable at our office located at ___ _.

3. We hereby undertake to honor sight draft(s) drawn under and presented with the Letter of Credit and this Confirmation at our offices as specified herein.

4. [This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered.] It is a condition of this confirmation that it be deemed automatically extended without amendment for one year from the expiration date hereof, or any automatically extended expiration date, unless:

(a) At least 60 days prior to any such expiration date, we shall notify the Contracting Officer, or the transferee and the issuing financial institution, by registered mail or other receipted means of delivery, that we elect not to consider this confirmation extended for any such additional period; or

(b) The issuing financial institution shall have exercised its right to notify you or the transferee, the account party, and ourselves, of its election not to extend the expiration date of the Letter of Credit.

5. This confirmation is subject to the Uniform Customs and Practice (UCP) for Documentary Credits, International Chamber of Commerce Publication No. ___ -- (Insert version in effect at the time of ILC issuance, e.g., ``Publication 600, 2006 edition'') and to the extent not inconsistent therewith, to the laws of ___ --[State of confirming financial institution].

6. If this confirmation expires during an interruption of business of this financial institution as described in Article 17 of the UCP, we specifically agree to effect payment if this credit is drawn against within 30 days after the resumption of our business.

Sincerely, [Confirming financial institution]

(g) The following format shall be used by the Contracting Officer for a sight draft to draw on the Letter of Credit:

SIGHT DRAFT

[City, State]

(Date) ___

[Name and address of financial institution]

Pay to the order of ___ [Beneficiary Agency] ___ the sum of United States ___ This draft is drawn under Irrevocable Letter of Credit No. ___

___ [Beneficiary Agency]

By: ___

SECTION M - EVALUATION FACTORS FOR AWARD

FOR BOTH PHASES

A. BASIS OF AWARD

1. This is a full and open, 2-phase, design-build construction, source selection procurement which will utilize FAR Parts 15 and 36 to evaluate proposals and award the contract. Phase 1 proposals from offerors who are determined base access ineligible, based on their rating from the Joint Contingency Contracting System (JCCS/JCXS) at the time of Phase 1 proposal submission deadline, will not be evaluated.

Only Phase 1 offerors that advance to Phase 2, will receive the solicitation amendment which provides project drawings and specifications and proposal submittal requirements for the Phase 2 evaluation factors. The Government’s intention is to advance five (5) to eight (8) Phase 1 offerors to Phase 2.

After the Phase 2 proposal evaluation process has concluded, the Contracting Officer will award a firm-fixed-price, design-build construction contract to the responsible*, base access eligible offeror whose proposal conforms to the solicitation; whose price was determined fair and reasonable; and, whose proposal offers the best overall value to the Government, considering all price and non-price evaluation factors described herein.

*‘Responsible’, in this instance, refers to the meaning of the word as described in FAR 9.104-1.

2. Any information provided in the offeror’s proposal or in response to negotiations, are subject to verification. If the Government discovers false, inaccurate, misleading or misrepresented information in the offeror’s proposal, that proposal will immediately be removed from consideration and will not be further evaluated or receive contract award.

3. The following are the evaluation factors for Phases 1 and 2 of this solicitation:

Phase 1

Factor 1 – Specialized Experience Factor 2 – Construction Management Capability Factor 3 – Past Performance

Phase 2

Factor 4 – Design Capability Factor 5 – Project Management Approach Factor 6 – Scheduling Capability Factor 7 – Key Personnel Factor 8 – Price

4. ORDER OF IMPORTANCE OF PHASE 1 FACTORS

Factor 1 – Specialized Experience is the discriminator factor that the Government will use to choose the highest technically-rated proposal(s), as this factor is more important than Factor 2 – Construction Management Capability and Factor 3 - Past Performance. Factor 3 - Past Performance is more important than Factor 2 – Construction Management Capability.

5. ORDER OF IMPORTANCE OF PHASE 2 FACTORS

Factor 4 – Design Capability is the discriminator factor, as this factor is more important than Factors 5, 6 and 7.

Factors 4, 5, 6 and 7, when combined, are approximately equal to cost or price in importance.

6. Tradeoff source selection procedures, using adjectival ratings, will be utilized for the evaluation of proposal submittals for Factor 1/Specialized Experience, Factor 2/Construction Management Capability and all non-cost/price submittals included in the Phase 2 technical proposal.

The following Table of Combined Technical/Risk Ratings contain the adjectival ratings that will be used by the Government technical evaluation board to rate the submittals for Factors 1, 2, 4, 5 and 6:

ADJECTIVAL RATING DESCRIPTION

Outstanding Proposal indicates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful performance is low.

Good Proposal indicates a thorough approach and understanding of the requirements and contains at least one strength, and risk of unsuccessful performance is low to moderate.

Acceptable Proposal meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate.

Marginal Proposal has not demonstrated an adequate approach and understanding of the requirements, and/or risk of unsuccessful performance is high.

Unacceptable Proposal does not meet requirements of the solicitation, and thus, contains one or more deficiencies, and/or risk of unsuccessful performance is unacceptable. Proposal is unawardable.

The following Table of Confidence Assessment Ratings contain the ratings that the technical evaluation board will use for Factor 3/Past Performance:

Adjectival Rating Description Substantial Confidence Based on the offeror’s recent/relevant performance record, the

Government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory Confidence Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Neutral Confidence No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

The offeror may not be evaluated favorably or unfavorably on the factor of past performance.

Limited Confidence Based on the offeror’s recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort.

No Confidence Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

7. The Government intends to evaluate proposals and award a contract without conducting discussions with offerors. However, the Government reserves the right to hold discussions if the Contracting Officer determines them to be necessary. The Government may request clarifications as described in FAR 15.306(a) at any time after receipt of offeror proposal. For purposes of efficiency, pursuant to FAR 15.306(c)(2), the number of proposals in the Competitive Range, should one be established, may be limited by the Contracting Officer to the quantity that will permit an efficient competition among the most highly rated proposals.

B. EVALUATION FACTORS

1. PHASE 1 - The following are the evaluation factors for Phase 1 of this solicitation:

FACTOR 1 - SPECIALIZED EXPERIENCE

EVALUATION CRITERIA

This factor evaluates the offeror, as an organization, to determine if the offeror has the qualifications, ability, and capability to successfully execute and complete the design-build construction project contemplated for this solicitation, based on the offeror’s submitted experience and qualification information. Project-related information submitted must demonstrate the offeror’s recent and relevant experience and if the submitted information is similar in size, scope, and complexity to the project in the solicitation.

The Government will evaluate the offeror’s proposal to ensure:

(a) There are at least three (3) projects submitted for evaluation, and no more than five (5) for this factor;

(b) The projects submitted for this factor demonstrates the offeror would be capable of successfully executing and completing the design and construction requirements of the project contemplated for this solicitation.

Offerors who submit five (5) projects for evaluation and all 5 projects meet or exceed solicitation criteria/requirements, will be given a higher adjectival rating for this factor than offerors who submit only three (3) or four (4) projects that meet or exceed solicitation criteria/requirements.

FACTOR 2 – CONSTRUCITON MANAGEMENT CAPABILITY

This factor evaluates the offeror’s understanding, familiarity and experience with:

(a) The US Army Corps of Engineers (USACE) Resident Management System (RMS) or Quality Control System

(QCS);

(b) The design/construction submittal process; and,

(c) The USACE EM-385-1-1 Safety and Health Requirements Manual as it relates to safety at the job site.

FACTOR 3 - PAST PERFORMANCE

In past performance evaluations, the offeror’s performance record on similar contract efforts, is examined to predict the probability the offeror will successfully perform the proposed contract. The difference between an offeror’s experience and the offeror’s past performance is, experience is what work the offeror has done, and past performance is how well the offeror did it.

This factor evaluates present and past performance information on the offeror as they relate to various criteria and standards, such as the following: (a) the offeror’s technical capability to design utility systems and buildings; (b) technical capability to successfully complete a vertical construction project similar to the project contemplated for this solicitation; (c) ability to meet project milestone schedules; (d) quality of workmanship; (e) compliance with onsite safety and security requirements; (f) the offeror’s quality control program; (g) ability to effectively manage the project; (h) whether the offeror is reasonable to work with; and, (i) whether the client/customer would contract with the offeror on future projects.

Past performance information on the offeror will be obtained through various means, including telephonic inquiries or emails to references or previous customers, a past performance questionnaire, COR Reports and retrieval from Government databases, such as PPIRS, which contain contractor performance evaluations.

If adverse past performance is obtained from the offeror’s client/customer point of contact (POC), the respective POC may be contacted for further information on the circumstances surrounding the situation or issues. The offeror will be provided a reasonable opportunity to address any adverse information obtained.

In the case of offerors for which there is no information on past contract performance or where past contract performance information is not available, the offeror may not be evaluated favorably or unfavorably on the factor of past contract performance, per FAR 15.305(a)(2)(iv). Therefore, the offeror’s past performance is unknown and assigned a performance confidence rating of “neutral.”

2. PHASE 2

The following are the evaluation factors for Phase 2:

FACTOR 4 – DESIGN CAPABILITY

This factor evaluates (a) the quality and soundness of the offeror’s conceptual design, and (b) the offeror’s demonstrated understanding of the project as it relates to the design and construction of utilities infrastructure, including electrical power generation and distribution, potable water supply and distribution, and sewage disposal with waste water treatment plant.

Offerors who submit seven (7) to nine (9) drawings for evaluation and all 7, 8 or 9 drawings are rated as meeting or exceeding solicitation criteria/requirements, will be given a higher adjectival rating for this factor than offerors who submit only three (3) to six (6) drawings that meet or exceed solicitation criteria/requirements.

FACTOR 5 - PROJECT MANAGEMENT APPROACH

This factor evaluates the offeror’s ability to successfully manage and execute the project contemplated for this solicitation. Factor submittals should demonstrate the offeror’s approach to managing the overall project, the offeror’s shipping and delivery process of long lead time material and the quality and specification conformance of major equipment the offeror proposes to procure for the project.

FACTOR 6 – SCHEDULING CAPABILITY

This factor evaluates the offeror’s understanding of the importance of proper planning, resourcing and scheduling to eliminate or reduce project risk. The offeror’s proposal will be evaluated to determine his strategy for achieving project milestone objectives within the specified time duration and resource requirements.

FACTOR 7 - KEY PERSONNEL

This factor evaluates the CVs/resumes of individuals proposed by the offeror for Key Personnel roles and responsibilities required for successful execution of the project contemplated by this solicitation. The proposed individuals’ resumes and attachments thereto will be evaluated to determine if the candidates have the requisite experience, qualification, education and certification (if applicable) that are required to perform the Key Personnel roles. Experience described in the resumes should be from current or past projects worked on within the last five (5) years from the issuance date of this solicitation.

Order of Importance of Phase 2 Technical Evaluation Factors (No. 1 being the most important)

1. Factor 4 / Design Capability

2. Factor 6 / Scheduling Capability

3. Factor 7 / Key Personnel

4. Factor 8 / Project Management Capability

Pursuant to the relative importance notification requirement of FAR 15.304(e), Factors 3, 4, 5 and 6, when combined, are approximately equal to cost or price (Factor 7) in importance.

FACTOR 7 - PRICE

Price will be evaluated and considered in establishing the competitive range prior to discussions (if held) and in making the final determination for award, but price will not be rated.

The Government will evaluate the offeror’s price proposal in order to identify risks to the Government based on the following criteria and conditions:

1. The offeror can successfully perform at the proposed price.

2. The Price Proposal is complete. Completeness means the offeror has costed and priced all aspects of the work to be performed on the Price Schedule (contained in Section J of the SF 1442 RFP) and on a cost/price breakdown spreadsheet which includes the following cost elements: labor, material, equipment, subcontract, job office overhead, home office overhead, profit. All cost elements and pricing information on the offeror’s breakdown spreadsheet should align themselves with, and serve as supporting data to, the SF 1442 Price Schedule.

3. Prices proposed are fair, reasonable, realistic and balanced. Reasonableness has to do with a determination that the proposed price is fair and reasonable based on the results of the Government’s application of one or more price analysis techniques described in FAR 15.404-1(b)(1) and (2). For example, an offeror’s proposed price can be determined reasonable if it represents a price that provides best value to the Government when compared to historical data, the Independent Government Estimate (IGE), prices in the market, prices proposed by competing offerors and/or when weighing against the technical and functional capabilities of the Offeror. Price realism will determine if the proposed price is realistic for the type of work required. As permitted by FAR 15.403-4(b)(1), the Contracting Officer can request ‘data other than certified cost or pricing data’ required to determine that the proposed price is fair and reasonable.

Unreasonably high or unreasonably low proposed cost and/or price as determined by the Contracting Officer through the use of cost or price analysis techniques under FAR 15.404-1, may be grounds for eliminating a proposal whether a Competitive Range is established or not. Proposed prices that are deemed to be unreasonably high or low when compared to other offerors’ prices and/or the Independent Government Estimate, may be indicative of an inherent lack of understanding of the solicitation requirements and may result in the proposal being deemed unreasonable, and thus, ineligible to receive contract award. Therefore, it is imperative that the offeror understand all facets of the project scope of work and offeror submittal requirements before submitting the offeror’s proposal.

If there is any question or doubt as to the scope of work or solicitation requirements, it is incumbent upon the offeror to inquire as soon as practicable, but no later than five (5) days before the closing date of the solicitation.

4. Proposed unit prices are balanced for the work to be performed; reflects a clear understanding of the scope of work and technical requirements in the solicitation; are consistent with the offeror’s Phase 2 Technical Proposals;

and, are not inexplicably front-loaded onto early project activity CLINs, such as Mobilization. Offerors are cautioned to distribute direct costs, such as material, labor, equipment, subcontracts, etc. and to evenly distribute indirect costs, such as overhead, to the appropriate contract line items. Both Government and Offerors/Contractor shall presume that field overhead costs through the proposed contract duration, are inclusive in the offered price for the contract.

(End of Summary of Changes)