W5J9JE18R0006_Amend_0003_07Mar18.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)

30-105-04 EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Camp Pratt Design-Build

1. CONTRACT ID CODE PAGE OF PAGES

J 1 5

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

16C. DATE SIGNED

BY 07-Mar-2018

16B. UNITED STATES OF AMERICA 15C. DATE SIGNED 15B. 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, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTA L AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

07-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 CODE CODE

EMAIL: TEL:

W5J9JE18R0006

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The following have been added by full text:

OFFEROR QUESTIONS - 2

II. The following are Offeror questions and the Government’s response to each question:

Q12: For how many months are the performance and payment bonds required?

A12: Both bonds are required for the entire duration of the contract, which is 947 days.

Q13: How can we estimate without any dimension for the following: barracks (x15), latrines (x2), laundries

(x5), dining facilities (x2), fitness center (x1), medical clinic (x1), headquarters buildings (x3)…storage buildings (x4)?

A13: Dimensions, drawings and specifications will be provided at Phase 2 of the solicitation process. Phase 1 proposals do not require cost/price. A price proposal will be required only during Phase 2.

Q14: There is almost no bonding practice in countries other than United States. Companies from those countries other than United States should provide ILCs from banks in lieu of bonds, and it is much more difficult to obtain ILCs from banks compared to bonds obtained from sureties. This causes an unfair competition environment. Therefore, we kindly request Government to reduce the percentage of the ILCs to toal of 10% as 5% Performance Bond and 5% Payment Bond.

A14: After considerable deliberations regarding this issue, the amount required for performance and payment bonds are now 15% of the proposed price. And, once contract is awarded, the contractor is required to provide the performance and payment bonds at 15% of the awarded contract price, within 21 working days of contract award.

The following have been modified:

OFFEROR QUESTIONS - 1

I. The following are Offeror questions and the Government’s response to each question:

Q1: We are still waiting to get an approval with regards to “Base Access”. Is there anything you can do for us to help get us the Base Access approval?

A1: U.S. Government contracting offices do not make the determination on which companies are Base Access

Eligible. In the vetting process, the contracting office only reviews whether required documents have been submitted to JCCS. If all required documents have been submitted, the contracting office alerts JCCS, then JCCS begins their part in the vetting process. The decision as to whether a company is Base Access Eligible rests with those within, and/or directly or indirectly a part of or related to, the JCCS organization.

To know your JCCS status or which documents may be missing from your JCCS profile or if you want a contracting office to notify JCCS that all of your documents have been submitted, please contact Ms. Cherilyn Heyliger at cherilyn.o.heyliger@usace.army.mil. Her U.S. office phone number is 1-540-542-1432, and her local Roshan mobile number is 078-172-0662.

Q2: We are trying to determine the size and type of construction for the required buildings. The solicitation document calls out “standard design types” with associated numerical codes. Is there documentation that describes each type? We are a manufacturer of modular container complexes, so we would like to see if this opportunity is applicable to us or if the construction type is more of a traditional stick built variety. Knowing the sq. ft. would also be helpful.

A2: The facilities for this project are concrete framed with CMU walls, with the exception of two (2) facilities which are steel framed with CMU walls. Modular containers complexes do not apply to this project nor will they be permitted for the project.

The Project Facilities and Approximate Square Meter Area attachment is now included in Section J of the solicitation. Each of the alpha-numerical codes listed on this attachment and on the Price Schedule is assigned to a specific ‘standard design’ developed by the Government for a specific structure or building type to be constructed and used only in Afghanistan. These standard designs will be provided in Phase 2 of the solicitation.

Q3: We have worked with US Army Corp of Engineers on past projects. Some of them ended Dec 2013 and 2014, but now, we cannot reach the POCs of those projects to send them the Past Performance Questionnaire. Could we fill out the Questionnaire and send them to you along with award letters, etc.?

A3: You are supposed to provide the Past Performance Questionnaire (PPQ) to your project POCs, so that those POCs can provide the Government with information on your performance on past or current, ongoing projects.

You (the offeror) must complete Blocks 1 through 10 of the first page of the PPQ, but you should not complete the 2nd and 3rd pages of the PPQ. If your project POCs worked for USACE, and you do not have current contact information on them, email the completed 1st page of the PPQ and your award letters and the 1st ten (10) pages of your past contracts, to nikisha.w.cook@usace.army.mil and mary.j.harding@usace.army.mil as soon as possible, so that we can search for those POCs and forward the PPQ to them. The POCs will need to get the completed PPQs to us by 1500 HRS, Local Kabul Time, on 14 March 2018 .

Q4: What is the difference between performance bond and payment bond, and for how many months are both bonds required?

A4: A performance bond is a written instrument of guarantee by a bonding company or surety that a construction contract will be completed by the contractor in accordance with the plans, specifications, terms and conditions of his contract with the Government. If the contractor is not able to complete the contract/project, the surety will step in to provide support, such as making payment to the Government for loss sustained, and/or the surety can take over and do whatever is necessary to have the contract/project completed per contract rquirements.

A payment bond is a written instrument of guarantee that the contractor will pay all his subcontractors, suppliers and laborers who work on the project. Because a performance bond and a payment bond are usually intertwined as a bonding requirement in certain construction contracts, a bonding company or surety will typically package the 2 bonds together so that the contractor only pays one rate for both bonds, but that may not always be the case. It is the responsibility of the offeror/contractor to obtain both performance and payment bonds for the resultant contract.

Additional information on both types of bonds are in FAR clause 52.228-15, which is included in full text in Section I of this solicitation, and in FAR Part 28.

Q5: We have bonding capability from a surety company that is not in Treasury Department Circular 570 list and bonding from this surety was accepted by USACE before in Afghanistan and in Europe. As per FAR 28.202(b):

“For contracts performed in a foreign country, sureties not appearing on Treasury Department Circular 570 are acceptable if the contracting officer determines that it is impracticable for the contractor to use Treasury listed mailto:cherilyn.o.heyliger@usace.army.mil mailto:nikisha.w.cook@usace.army.mil mailto:mary.j.harding@usace.army.mil sureties.” Please let us know if it is acceptable that we use Performance and Payment Bonds from a Surety that does not appear on the Treasury Department Circular 570.

A5: Yes, a surety that is not listed in the Treasury Department Circular 570 is acceptable for the required performance and payment bonds, as long as the surety meets the other requirements set forth for sureties in FAR Subpart 28.2, and the Government’s requirements for payment protection in FAR 28.102 are adhered to.

Q6: Phase 1 - Factor 1 Specialized Experience: the form for this factor is missing or please advise what information is required to use for Specialized Experience.

A6: There is no “form” per se for this factor. The following paragraph pertains to Factor 1 / Specialized Experience, and is found in Section L Instructions to Offerors, of the solicitation: “In separate tabs within the offeror’s Technical Proposal for Factor 1, the offeror shall provide a list of at least three (3) design-build construction projects, but not more than five (5) design-build projects, that the offeror has completed within the past five (5) years from the issuance date of this solicitation, or that are currently ongoing and substantially complete (at least 50% construction progress completed). These projects should be recent and relevant and also similar in size, scope, and complexity to the project contemplated for this solicitation…”

There are additional narratives following the above paragraph. Please carefully read all information pertaining to this factor in Section L and in Section M of the solicitation, to fully understand what the Government is requiring you to include in your Phase 1 proposal and also how the Government will evaluate your submittals for this factor.

A revised Table of Contents showing the pages of each of the sections of the solicitation, is included in this conformed RFP.

Q7: Phase 1 – Factor 2 Construction Management Capability: the contents for this factor is not clear and has not been addressed in the solicitation documents.

A7: The following paragraph pertains to Factor 2 /Construction Management Capability, and is found in Section L of the solicitation: “The offeror shall provide a narrative explaining the offeror’s use and experience with the USACE Resident Management System (RMS) or the previously-implemented Quality Control System (QCS) for design-build construction projects. Include information on responsibilities of the contractor in the submittal process as it relates to RMS or QCS…The offeror shall provide a narrative explanation of USACE EM-385-1-1 requirements that the offeror had typically implemented and enforced at the job site for design-build construction projects.”

There are additional narratives pertaining to Factor 2 in Sections L and M of the solicitation.

Q8: If the Client’s representative is no longer available in Afghanistan to fill out the past performance questionnaire for the offeror, what will be the scenario in this case?

A8: Please see Government Response #A3 above. Additionally, the offeror may include in its Phase 1 proposal, completed Past Performance Questionnaires for other US Government contracting offices, as long as the contract or project which the PPQs were submitted for, were for design/build projects undertaken for Clients sometime in the last five (5) years from the issuance date of this solicitation.

If the Government does not receive, or cannot find, past performance information on the offeror from databases or other resources, the offeror will receive a ‘Neutral Confidence’ rating for Factor 3 / Past Performance. Neutral Confidence is neither a favorable or an unfavorable past performance rating.

Q9: Since we are an Afghan-based company, it is not practical to get bond from sureties which are listed in Treasury Circular 570. We have tried before, but none are ready to issue performance and payment bonds. We will appreciate if there is any possibility for waiving the subject term in the solicitation.

A9: The requirement for a performance bond and a payment bond cannot be waived for this project/contract.

However, the surety does not have to be listed in the Treasury Circular 570, as long as the surety you intend to use, meets the other requirements set forth for sureties in FAR Subpart 28.2 and the Government’s requirements for payment protection in FAR 28.102. See Government Response #A5 above.

Q10: Can we use CCASS report instead of Past Performance Questionnaire?

A10: You can include CCASS reports in your Phase 1 proposals. But the CCASS report will not take the place of the required Past Performance Questionnaire. The CCASS report should have been completed and signed by a US Government representative, but if you do not have current email or telephone information on that POC, we will attempt to find this individual. However, if the CCASS report is all that we receive as past performance information on you, then that submittal is all that will be evaluated for this factor.

Q11: We completed several projects in past 5 years for USACE, and we are not sure whether the project POCs still work for USACE. If POC of each project no longer works for USACE, what should we do for PPQ?

A11: Complete Blocks 1 through 10 of the 1st page of the PPQ, and email it to Ms. Nikisha Cook and Ms. Mary Harding as soon as possible, so that we can find the project POC. Reminder that the completed PPQs must be submitted to us no later than 1500 HRS, Local Kabul Time, on 14 March 2018. See Government Response #A3, A8 and A10 above.

(End of Summary of Changes)