W5J9JE18R0006_Amend_0005_12Mar18.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

D-B of Camp Pratt

1. CONTRACT ID CODE PAGE OF PAGES

J 1 4

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

16C. DATE SIGNED

BY 12-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, 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 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 sect ion 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

12-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 - 4

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

Q20: Is there an advance payment involved? Can we at least have 5-10% advance payment after we provide performance and payment bonds to the client? We are negotiating with sureties / banks and they want to know so they can evaluate / calculate their risks.

A20: Notwithstanding the fact that it is not customary to provide advance payment on USACE construction contracts and would be difficult to obtain approval for such a financial arrangement, the Government also cannot, and will not, provide advance payment because the FAR clause at 52.232-5 Payments Under Fixed- Price Construction Contracts is included in this solicitation and will be included in the resultant contract. This clause states that “the Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer.” An advance payment would mean payment when work commensurate to the amount you are requesting will not have been accomplished yet.

Additionally, one of the conditions for an offeror to receive contract award is that the offeror must be determined “responsible”, as specified in FAR 9.104-1(a), which states “to be determined responsible, a prospective contractor must have adequate financial resources to perform the contract, or the ability to obtain them.” The Government understands that, in Afghanistan, it may be difficult to obtain performance and payment bonds, but there are substantial risks to the Government, as well, should contracted work not be completed or completed inadequately. In light of the situation, the Government is permitting the use of alternative types of security, such as those listed in FAR 28.204-1 United States Bonds or Notes; FAR 28.204-2

Certified or Cashier’s Checks, Bank Drafts, Money Orders or Currency; and, FAR 28.204-3 Irrevocable Letter of Credit (ILC). **However, please note that, for this solicitation and resultant contract, the Government cannot accept currency / cash.

Q21: Answer to Question 14 allows bidders to provide 15% bonds. It is a fair deal, and we thank you for this.

Is this 15% only for performance bond, or is it for both performance and payment bonds? Do we need to provide only one bond with a value of 15% contract value, or 2 bonds of 15% each?

A21: The winning contractor must provide a Performance Bond at 15% of contract value and a Payment Bond at 15% of contract value, or any of the types of securities mentioned in Government Response #A20 above.

Q22: Is the entry to Camp Pratt from the main / current gate? It takes a couple of hours to enter this camp based on our experience in the same camp, and life support was not allowed inside the base. Is it a different situation now, or will a separate and easier access be provided to the contractor?

A22: The contractor will use the existing main ECP gate until the required contractor-constructed perimeter fence and contractor-constructed ANA external ECP have been completed. Once the perimeter fence and new ECP are constructed, the contractor shall use this ECP for site access.

Q23: The percentage of performance and payment bond is 15%. It is two different guarantees – performance guarantee and payment guarantee. Please let us know how much is performance and how much is payment guarantee in 15%. The highest performance guarantees and other guarantees in Afghanistan and other world, do not exceed from 5%.

A23: The dollar mount of the performance and payment bond is 15% of whatever the contract award amount is if you receive contract award. For Phase 2 of your proposal, you need to submit an official, written instrument (like an ILC, letter with official stamp, etc.) from an established banking or financial institution that attests to your firm being able to obtain a performance bond and a payment bond, or something similar as stated in Government’s Response #A20 above, at the amount equal to 15% of the contract award amount.

The following have been modified:

OFFEROR QUESTIONS - 3

A. Submittal Requirements for Factor 3 – Past Performance is changed as follows:

From Paragraph 1: The offeror shall provide a list of three (3) customer or project owner Points of Contacts (POCs) who will provide present and/or past performance information on the offeror for design/build projects undertaken for the POCs the last ten (10) years from the issuance date of this solicitation.

From Paragraph 3: The offeror may provide completed Past Performance Questionnaires for other U.S. Government contracting offices as long as the projects undertaken for the customer/client/project owner, and which the client/customer POC was providing performance information on the offeror, were for design/build projects completed in the last ten (10) years from the issuance date of this solicitation.

B. Questions and Answers

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

Q15: May we submit a copy of our CPARS completion ratings in lieu of a new PPQ? If yes, do we need to send this separately prior to 15 March?

A15: Yes, you can submit a CPARS completion ratings in lieu of a new PPQ, by the due date and time of the Phase 1 proposal (24 March 2018).

Q16: If the PPQ only is acceptable, may we submit a PPQ completed previously for the USACE? Or, are you requiring a new PPQ, sent directly from the original contract POC?

A16: We would prefer a new PPQ, but you can submit a previous PPQ from USACE if it was completed within the last 10 years from the issuance date of this solicitation, and submit that with the Phase 1 proposal.

Q17: Please extend the deadline for PPQ and proposal submission by at least two weeks.

A17: The deadline for PPQ submittal is now changed to 1500 HRS, Local Kabul Time, on 20 March

2018.

The Phase 1 proposal deadline remains at 1500 HRS, Local Kabul Time, on 24 March 2018. The Government cannot change the deadline date for the Phase 1 proposal because the procurement schedule is aggressive and must be adhered to in order to meet customer requirements.

Q18: In Factors 1 and 2, can we use subcontractor’s experience / past performance to satisfy requirements of this proposal?

A18: Yes, you can use your experience and past performance as a subcontractor for Factors 1 and 2. For Factor 1 / Specialized Experience, make sure to state on your list of projects that you were a subcontractor for the applicable project(s). In the Factor 1 Submittal Requirement, it states that the following information (under #4) must be included on your list: “Whether the Offeror was the Prime, Subcontractor or Part of a Joint

Venture and Percentage of Work Performed by the Offeror”.

If you meant the question for Factor 3 / Past Performance, the answer is yes, you can use your experience and past performance as a subcontractor to address this factor.

Q19: JCCS authority notified us that our documents have been submitted for base vetting / approval. We may get final decision during proposal evaluation. Would you let our proposal be in competition until we get base access decision?

A19: Yes, we will allow the evaluation of Phase 1 proposals from offerors who are being vetted at the time that

Phase 1 evaluation is taking place. However, we will not advance to Phase 2 any offeror who is not actually determined base access eligible at the conclusion of Phase 1 proposal evaluation. That is the fairest process since there will be offerors who are already base access eligible prior and during Phase 1 evaluation.

(End of Summary of Changes)