W5J9JE23R0004 - Amendment 0004 - 1 May 2023.pdf

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

The purpose for amendment 0004 follow s:

1. Provide the responses to the bidder inquiries received through ProjNet through 30 April 2023. It is noted that amendment 0003 closed the bidder inquiry on 28 April 2023; how ever, due to system issues, amendment 0003 w as not published in SAM.gov until 29 April 2023. Therefore, the Government w ill respond to the questions received through ProjNet through 30April 2023.

2. Proposal due date remains unchanged. Phase I proposals are due no later than 14 May 2023 by 12:01 PM Arabian Standard Time.

3. All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 7

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

16C. DATE SIGNED

BY 01-May-2023

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 W5J9JE23R0004

X 9B. DATED (SEE ITEM 11)

22-Mar-2023

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

01-May-2023

CODE

USACE TRANSATLANTIC AFGHANISTAN DISTRICT

CETAA-CT, USACE TAA HQ BAF, BAGRAM

APO AE 09354

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W5J9JE23R0004

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:

AMEND 0004_BIDDER INQUIRIES

Inquiry ID - 10208419: Kind request to extend due date further to first week of May 2023 i.e., 7th May 2023 if suggested. Due to EID celebration holiday will be for 5 days and weekend after that some of us will be flying out from Kuwait for a small brief R&R back home.

Response: Solicitation W5J9JE23R0004, amendment 0003 extended the proposal due date. Per amendment 0003 an extension was granted. Phase I proposals are due no later than 14 May 2023 by 12:01 PM Arabian Standard Time.

Inquiry ID – 10208676: Inquiry: Kindly be informed that PIEE https://piee.eb.mil/ does not show solicitation no.

W5J9JE23 R0004 please clarify and further how to submit proposal once solicitation appears on the site?

Response: To access the solicitation in PIEE, the link is:

https://piee.eb.mil/sol/xhtml/unauth/search/oppMgmtLink.xhtml?solNo=W5J9JE23R0004

Access the following link for guidance on the PIEE Solicitation Module Instructions:

https://dodprocurementtoolbox.com/cms/sites/default/files/resources/2023- 02/Vendor%20Solicitation%20Module%20Instructions.pdf

Inquiry ID – 10208714: Inquiry: Due to Ramadan and Eid Al-Fitr holidays will last for 21 April to 25 April, we would like to request to extend the Phase I proposal due date further by Two (2) weeks from 27 April 2023.

Response: Refer to response provided on Inquiry ID 10198428 (Amendment 0002) and 10208419 (Amendment 0003).

Inquiry ID – 10208737: Inquiry: Reply to Inquiry ID: 10181817 mention that: "Factors 1 through 3 do not each have independent page limitations, the overall Volume I – Non-Price (Technical) proposal which includes the applicable attachments for Phase I, is limited to 50 pages":

Please confirm which of the following attachments / Solicitation documents are not included in the page limitation criteria.

1) Attachment-A (4 pages x 5 projects = 20 Pages)

2) Attachment-B (1 page)

3) Attachment-C (1 page x 5 Projects = 5 Pages)

4) Key personnel resumes (6 Personnel x 2 Pages = 12 Pages)

5) Completed Representation and Certifications (Section 00 45 00).

6) Signed Solicitation, Offer, and Award (SF 1442)

7) Amendments

Response: Please refer to Amendment 0001, page 11 of 44, G. Proposal Format:

A 50-page limit applies to Volume I; a 50-page limit applies to Volume III; there is no page limit for Volume II.

Pages furnished for organizational purposes only such as a cover page, tabs, separator pages, or a table of contents are not included in the page limitation. Corporate certificates, joint venture agreements, and Letters of Commitment are also not included in page limitations.

1) Attachment-A (4 pages x 5 projects = 20 Pages) INCLUDED in 50-Page Limit

2) Attachment-B (1 page) INCLUDED in 50-Page Limit

3) Attachment-C (1 page x 5 Projects = 5 Pages) INCLUDED in 50-Page Limit

4) Key personnel resumes (6 Personnel x 2 Pages = 12 Pages) INCLUDED in 50-Page Limit

5) Completed Representation and Certifications (Section 00 45 00) NOT Included

6) Signed Solicitation, Offer, and Award (SF 1442) NOT Included

7) Amendments NOT Included

Inquiry ID – 10210598: Due to reduced working hours over Ramadan, Eid holidays and time required to secure necessary documentation from stakeholders over the same period for the submission of the bid, we would like to request an addition al 1-week extension of time until the 11th of May 2023.

Response: Refer to response provided on Inquiry ID 10208419 (Amendment 0003).

Inquiry ID – 10210603: In Response of Inquiry ID: 10182122 mentioned Per amendment 0001, Phase I proposals are due no later than 27 April 2023 by 12:01 PM Arabian Standard Time. In Response of Inquiry ID: 10198428 mentioned per Amendment 0002 Phase I proposals are due no later than 04 May 2023 by 12:01 PM Arabian Standard Time. Please confirm exact timing of 4 May 2023, A.M. or P.M.?

Response: Refer to the response to Inquiry ID 10208419. Per amendment 0003, an extension was granted. Phase I proposals are due no later than 14 May 2023 by 12:01 PM Arabian Standard Time.

Inquiry ID – 10194186: Please provide names of current vendors under active MATOC.

Response: The names of the current vendors as posted in the SAM.gov database at the time the MATOCs were awarded are American International Contractors, Inc., Black and Veatch Special Projects Corporation, Contrack Watts, Inc.

Inquiry ID – 10196457: Attachment E (Bank Letter of Guarantee) has been shared with bankers in Kuwait and following are their comments regarding the following statement on the BLG:

STATEMENT ON BLG: The undersigned, acting as the duly authorized representative of the bank, declares that the bank hereby guarantees to effect payment to the Contracting Officer by check made payable to the Treasurer of the United States, within five (5) days after receipt of written request from the Contracting Officer, immediately and entirely without any need for the Contracting Officer to protest or to take any legal action or obtain the prior consent of the Contractor or for any other proof, action or decisions by any other authority, up to the sum of (Amount Equal to ten percent (10%) or $500,000.00 U.S. Dollars, whichever is less of the contract price in U.S. Dollars) which represents the deposit required of the Contractor to guarantee fulfillment of his obligations for the satisfactory, complete, and timely performance of the work under Contract (Contract Number) for (Description of Work) at (Location of Work) in strict compliance with the terms, conditions, and specifications of said contract entered into between the Government and (Name of Contractor) of (Address of Contractor) on (Contract Date), plus interest of 10.25% per annum on the amount called due, calculated from the sixth day following receipt of the Contracting Officer’s written request until the date of payment.

COMMENT FROM BANK: This sentence underlined can’t be covered since we are an Islamic bank, and we are forbidden from applying “Interest” to any transaction. As a solution, the client/beneficiary can request for a higher amount of guarantee which will cover for the interest portion and for any other contingencies”.

Response: The latter part of this statement will be removed from the BLG, and an updated Attachment E (Bank Letter of Guarantee Sample) is provided with amendment 0004. The solution provided will be considered by the Contracting Officer if and when needed.

Inquiry ID – 10196458: Attachment E (Bank Letter of Guarantee) has been shared with bankers in Kuwait and following are their comments regarding the following statement on the BLG:

STATEMENT ON BLG: The Letter of Guarantee will remain in effect at an amount equal to ten percent (10%) or $500,000.00 U.S. Dollars, whichever is less of the contract price until anticipated completed date or until the work has been finally accepted by the Government, and during all applicable warranty periods or extensions thereof.

COMMENT FROM BANK: This sentence can’t be covered since the guarantee period is open ended, the guarantee should be specific expiry date. As a solution, the client can request for an extended guarantee expiry date which will accommodate the warranty period and extensions. If for any reason the project has extended beyond this expiry date, the beneficiary can send a communication to the bank to extend the validity of the bank guarantee to a new date.

Response: The BLG must remain in effect to cover the entire period of the contract, from award until completion or accepted by the Government. The contract, when awarded, will have a commencement (start) date and the performance period in number of days of when the contract must be completed (end date). The solution provided will be considered for the contract modifications which extend the completion date.

Inquiry ID - 10203448 - In the Pre-Solicitation document, "Offers must be licensed to conduct business in Kuwait.

Offerors must adhere to Kuwaiti administrative codes in addition to local government administration codes generally accepted engineering and construction practices, and all US and Kuwaiti laws in the performance of the consequent contract. The Contractor is responsible for all permits and permitting processes required.'' However, there is no such statement in the Solicitation document. Can we submit a proposal without this registration? Is it possible for us to complete this registration after the award?

Response: As noted in the pre-solicitation notice for this requirement, Offers must be licensed to conduct business in Kuwait. Offerors must adhere to all US and Kuwaiti laws in the performance of the consequent contract. This statement is not included in the solicitation as it is a reminder of the minimal requirements of what is required of any contractor in any country performing business. Offerors may submit a proposal without this registration; however, offerors are encouraged to have all applicable country registrations and licenses processed in advance of the receipt of an award to ensure no impacts or delays to the project based on the lack of having the required registrations / licenses to conduct business in Kuwait.

Inquiry ID – 10203481: With reference to amendment 0001, page 33; "If an offeror's proposed key personnel is/are not currently employed by the offeror's organization, a letter of commitment from the proposed key personnel must be submitted". Could you explain the verification process for determining current key personnel employment with reference to providing a letter of commitment.

Response: The verification process may include, but is not limited to, contacting the employee for validation, requesting the letter of commitment between both parties from the employee, etc.

Inquiry ID – 10216033: In Volume-I _Qualification Proposal it is mentioned "Subcontractor Letter of Commitment, where applicable". Please clarify whether it is mandatory for PHASE-1 Submission?

Response: Solicitation W5J9JE23R0004, amendment 0001, page 33 states, If an offeror’s proposed key personnel is/are not currently employed by the offeror’s organization, a letter of commitment from the proposed key personnel must be submitted. The government will not consider the qualifications of any proposed key personnel who are not currently employed by the offeror without a letter of commitment.

Inquiry ID - 10216535: Referring to Inquiry ID: 10180793 regarding the location where the phase 1 bid bond should be delivered. Is there any Bid bond to be submitted in Phase I?

Response: Refer to response provided on Inquiry ID 10191210.

Inquiry ID – 10216537: With regard to the PPQ requirements for solicitation W5J9JE-23-R-0004, can we use the completed PPQs that we provided on the previous USACE solicitation?

Response: Completed PPQs provided on previous USACE solicitations could be provided for solicitation W5J9JE23R0004. Offerors are referred to solicitation W5J9JE23R0004, amendment 0001, pages 20 – 21, which states:

The Past Performance Questionnaire (PPQ), Attachment A, included in the solicitation is provided for the Offeror or its team members to submit to the client for each project the Offeror includes in its proposal for Factor 1 - Specialized Experience. Ensure correct phone numbers and email addresses are provided for the client point of contact. Completed PPQs should be submitted with your proposal. If the Offeror is unable to obtain a completed PPQ from a client for a project(s) before the proposal closing date, the Offeror should complete and submit with the proposal the first page of the PPQ (Attachment A), which will provide contract and client information for the respective project(s).

Inquiry ID: 10216541 Inquiry: Do we have to submit Attachment D + E in Phase I?

Response: In accordance with the solicitation W5J9JE23R0004, amendment 0001, Phase I – Section 00 22 16 – Evaluation Factors for Award, paragraph C – Attachments (page 17)

The following attachments are applicable to Phase I of the solicitation:

Attachment A (Amdt 0001) – Past Performance Questionnaire Attachment B (Amdt 0001) – Experience Overview Attachment C (Amdt 0001) – Experience Information

Inquiry ID – 10218680: We would like to request based on, we are currently in the process of registering a JV, and due to the recent transition from DUNS to UEI, the completion time for obtaining an active registration has increased. We kindly request to consider our proposal while our registration is still in progress. We anticipate completing the registration before the completion of Phase 1 evaluation.

Response: In accordance with the solicitation W5J9JE23R0004, amendment 0001, paragraph A – General Information, there is a registration/submission requirements paragraph which states:

REGISTRATION / SUBMISSION REQUIREMENTS: Failure to have an active and completed registration in any one of the following databases at the time of award may deem the offeror “nonresponsible” in accordance with FAR Part 9 and ineligible for award. Information contained within an offeror’s registration must be current and valid. The responsibility of maintaining current information contained in an offeror’s registration rests solely on the offeror.

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

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

Inquiry ID - 10219422: Page 7 of Amendment 01, SECTION 00 10 00 - SOLICITATION, states the following:

"The performance payment bonds calendar days has decreased by 11 from 21 to 10." Please explain what this sentence means and how this calendar reduction affects the bonding requirement for the Phase I submission

Response: Refer to the initial solicitation W5J9JE23R0004, SF 1442, Section 12B that identifies that the contractor must furnish any required performance and payment bonds within 21 calendar days. The submission of the performance and payment bonds has been reduced from 21 days to 10 days. Please refer to the response to Inquiry ID 10182668, which states, Offerors are required to submit a bid guarantee or other acceptable form of a performance surety with their Phase II proposal.

Inquiry ID – 10219435: Page 7, of Amendment 01 - SECTION 00 10 00 - SOLICITATION, provides a change of address related to "The organization for offers to be sent to has changed from". This new address is an APO associated with the USACE Transatlantic Afghanistan District and located in Bagram (Afghanistan). Please confirm if this is the correct address.

Response: The USACE Expeditionary District (USACE TAE) is in Kuwait. As noted in the response to Inquiry ID 10180793, our address is:

U.S. Army Corps of Engineers, Transatlantic Expeditionary District Attn: Contracting Officer Building T-340

APO, AE 09366

This is the physical mailing address for mailing of correspondence through U.S. Postal Service, FedEx, etc.

Inquiry ID - 10219440: Would you please clarify the meaning of the "Name of Reference Contract" in ATTACHMENT C - Experience Information Sheet? Is it supposed to be "Name of Reference Contact”?

Response: “Name of Reference Contract” is the name (or title) of the project offerors are submitting information on in Attachment C. It is not a person, but the project name or title for which experience information is being submitted.

Inquiry ID – 10226239: Our bankers have raised the following question with regards to Attachment D: Bank Letter of Assurance By issuing the letter of Assurance (attachment D) we are unconditionally committed to provide the contract or the Performance Bank Guarantee whenever requested. Since it's a financial liability on the bank, the letter of Assurance cannot be opened ended without an end date. Hence, the bank requires a time frame for the validity of the Letter of Assurance.

Response: The Bank Letter of Assurance must remain valid from the time of submission of Phase II proposal through contract award, which is currently estimated to be through 30 September 2023.

Inquiry ID - 10230244: Factor 3 - Key Personnel requires copies of educational degrees. Please confirm that we can submit these degrees, even if they are not in English. Also please advise if we can submit PE licenses in lieu of educational degrees.

Response: Please refer to the response in inquiry 10182187 and 10184588.

Inquiry ID -10234614: Please advise if a JCCS ID is required even if we are registered in SAM.

Response: Refer to response to Inquiry ID 10218680. In accordance with the solicitation W5J9JE23R0004, amendment 0001, paragraph A – General Information, there is a registration/submission requirements paragraph which states:

REGISTRATION / SUBMISSION REQUIREMENTS: Failure to have an active and completed registration in any one of the following databases at the time of award may deem the offeror “nonresponsible” in accordance with FAR Part 9 and ineligible for award. Information contained within an offeror’s registration must be current and valid.

The responsibility of maintaining current information contained in an offeror’s registration rests solely on the offeror.

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

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

Inquiry ID - 10234968: Can you please extend the closing date for one more week.

Response: Refer to the response to Inquiry ID 10208419. Per amendment 0003, an extension was granted. Phase I proposals are due no later than 14 May 2023 by 12:01 PM Arabian Standard Time.

Inquiry ID -10235119: Factor 2 - Past Performance. We have duly filled PPQ from the COR dated July 2021.

Currently she is not in Kuwait and cannot be reachable. So can we attach or use the same PPQ filled before in the Technical proposal.

Response: Refer to the response on Inquiry ID 10216537.

Inquiry ID – 10216537: With regard to the PPQ requirements for solicitation W5J9JE-23-R-0004, can we use the completed PPQs that we provided on the previous USACE solicitation?

Response: Refer to the response on Inquiry ID 10216537.

Inquiry ID - 10235141: PPQ should be filled out for the projects listed in the Attachment B & C. Can we add awards/recognition for the projects that is not listed in Attachment B & C. Kindly clarify.

Response: Offerors are not prohibited from submitting documentation not requested in the solicitation. However, the Government cautions offerors to only provide the data requested in accordance with the solicitation instructions.

Offerors are reminded of the page limitation for Phase I. Amendment 0001, page 11, paragraph G – Proposal Form, reminds all offerors that a 50-page limit applies to Volume I.

(End of Summary of Changes)