Amendment_of_Solicitation_W91151-19-B-0009_and_RFI_Questions.pdf

0011338598 AD009747P-1

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 of this amendment is to respond to RFI questions and to include Exhibit P - Hazmat Survey.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 8

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

16C. DATE SIGNED

BY 06-Aug-2019

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 W9115119B0009

X 9B. DATED (SEE ITEM 11)

11-Jul-2019

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

06-Aug-2019

CODE

MISSION AND INSTALLATION CONTRACTING

MISSION CONTRACTING OFFICE (MCO)

36000 DARNALL LOOP, ROOM 1300B

FORT HOOD TX 76544-5095

W91151 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9115119B0009

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00010 - SOLICITATION CONTRACT FORM

TABLE OF CONTENTS

The Table of Contents has changed from:

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Exhibit A Technical Exhibit A 485 11-JAN-2019 Exhibit B Technical Exhibit B 85 15-MAR-2019 Attachment 1 Appendix A 111 11-JAN-2019 to:

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Exhibit A Technical Exhibit A 485 11-JAN-2019 Exhibit B Technical Exhibit B 85 15-MAR-2019 Attachment 1 Appendix A 111 11-JAN-2019 Attachment P Hazmat Survey 110 07-JAN-2019

The following have been added by full text:

RESPONSE TO RFI

Solicitation 19-B-0009 Remove and Replace Boilers in Building 36000 RFIs Contractor submitted after Site Visit on 19 July 2019

1. Are there latrines available for use on this project? Or will the contractor be responsible for supplying portable latrines to the on-site workers?

Answer: The contractor will be allowed to utilize latrines in the existing facility.

2. Will the government confirm that TAB will be require for this project?

Answer: Confirmed. It is required for equipment installed as part of this project.

3. Will commissioning be required for this project?

Answer: Equipment installed as part of this project will be required to be commissioned.

4. Will the government confirm that the contractor IS NOT required to provide temporary heating?

Answer: Temporary heating is not required. Intent is to install new distribution piping and have a HW boiler system operational as HW loads are transferred over from steam to hot water. Intent is to transfer these loads over in phases, and to schedule these outages during periods of low heating water demand to minimize impact to the occupants.

5. Is the government aware that upon installing and performing start-up of each individual piece of equipment that the manufacturer's warranty will begin once operable? Will extended warranties be required as part of this project?

Answer: The prime contractor will be required to provide a 1-year warranty that begins when the contract is completed. If that requires additional warranty agreements between subcontractors/suppliers and the prime contractor, then that needs to be addressed.

6. The drawings refer to a hazmat survey done 7-Jan 2019 to identify hazardous material within this project.

Will this be provided?

Answer: See attached Exhibit P-Hazmat Survey.

7. Will the contractor be responsible for removing the audio speakers and security cameras in the ceilings?

Answer: Contractor will be responsible for reinstalling any items removed as a result of this contract.

8. Will the work be performed during normal business hours?

Answer: Yes.

SECTION 00100 - BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

The following have been modified:

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

Amendment 0001:

RFI Questions for W91151-19-B-0009 are due no later than August 2, 2019 at 03:00 PM CDT. Responses will be available on FBO on or about August 8, 2019. Submit RFIs via email to sonja.s.fields.civ@mail.mil and jermain.m.compton.civ@mail.mil.

Amendment 0002:

The purpose of this amendment is to respond to RFI questions and to include Exhibit P- Hazmat Survey.

(end of provision)

SECTION 00700 - CONTRACT CLAUSES

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $955.12 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall--

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

Title File Drawing No.

Technical Exhibit A Specifications W91151-19-B-0009 Technical Exhibit B Drawing s W91151-19-B-0009 Attachment 1 Appendix A W91151-19-B-0009 Attachment P Hazmat Survey W91151-19-B-0009

(End of clause)

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

SPECIAL PROVISIONS

PERFORMANCE AND PAYMENT BONDS FOR CONSTRUCTION CONTRACTS AND

MODIFICATIONS

The Contractor shall provide one of the payment protections identified in FAR 52.228-15, Alternative PaymentProtections within the time specified in Block 12b of the SF 1442 (Far 28.102-1(b)(1)). Failure to provideexecutable documents within the stipulated timeframe may result in a payment delay or a termination action.

FAR 52.228-2, Additional Bonds Security, requires the Contractor to promptly furnish additional security if (a) Any surety upon any bond, or issuing financial institution for other security, furnished with this contract becomes unacceptable to the Government;(b) Any surety fails to furnish reports on its financial condition as required by the Government; (c) The contract price is increased so that the penal sum of any bond becomes inadequate in the opinion of the Contracting Officer; or (d) An irrevocable letter of credit (ILC) used as security will expire before the end of the period of required security. If the Contractor does not furnish an acceptable extension or replacement ILC, or other acceptable substitute, at least 30 days before an ILC’s scheduled expiration, the Contracting officer has the right to immediately draw on the ILC.

AWARD OF CONTRACT AND NOTICE TO PROCEED (NTP)

A 30-day mobilization period is incorporated into the period of performance to allow for pre-construction tasks (this time is allocated for the contractor’s use in submission of performance and payment bonds (see Block 12a and 12b of the SF 1442 and FAR 52.228-15), submission of the progress schedule (FAR 52.236-15), notifications to the State for special construction requirements, requesting dig permits, material submittals and subcontractor agreements). A Notice to Proceed will be given only after approval of required payment protection submitted in accordance with FAR Subpart 28. Standard Forms 25 and 25A are available at http://www.gsa.gov/Portal/gsa/ep/formslibrary . No billable work shall commence under this contract/ modification until after the contractor receives the NTP. Work shall commence on the job site no later than the 31st calendar day following the date of contract award, and all construction and contractual requirements shall be completed no later than the ending date of the period of performance cited in this contract.

PROGRESS SCHEDULES (see also Division 1 General Requirements Specifications below)

During the solicitation phase of the procurement, the contractor shall develop and submit with its bid/proposal, a draft progress schedule, specifically tailored to the requirements in the solicitation and related plans, drawings and technical specifications. This schedule will be used to validate the contractor’s understanding of the various activities necessary to complete the contract within the stipulated timeframe stated at Block 11 of the Standard Form 1442. The progress schedule shall contain, as a minimum, every division of work, and every definable element of work within each division of work; e.g., mobilization of a trade activity, preparatory meetings, demolition phases, installation phases, and inspection phases. No later than the tenth calendar day following receipt of notification of award, the contractor shall deliver to the Contracting Officer a completed progress schedule as described in this section. In the event of a contract modification affecting individual work elements and/or overall construction completion, the contractor shall submit a revised progress schedule for review and approval within five calendar days of receipt of such modification. The Schedule shall be digitally signed by the Contractor and delivered to the Contracting Officer, with a copy furnished any agents or representatives identified elsewhere in the contract. The progress schedule shall demonstrate the flow of work from contract award through final inspection and acceptance.

It must display a time table, in weeks, of the contractor’s method of prosecuting the work, and show a percentage and dollar value correlation of each division of work to the whole project (contract) value. Items with long lead times (Monaco panels, locks, building kits, etc.) should be reflected on the schedule as benchmarks for order placement. The schedule shall be electronically submitted for Government review and Contracting Officer approval.

Failure to provide the required schedule in the time allotted will become a basis for termination of the contract.

CONSTRUCTION CONTRACT PROGRESS PAYMENT REQUESTS

The Contractor shall read and be familiarliar with FAR Clause 52.232-5, Payments Under Fixed Price Construction Contracts, and 52.232-27, Prompt Payment for Construction Contracts.

Further sub-paragraph (e), Retainage, will be enforced. Relating back to the requirements for an appropriately detailed progress schedule, progress reports and progress payment requests shall be prepared in the same format as the approved progress schedule. Every definable element of work will be shown on every progress report and every payment request. For every element of work not completed by the approved time (late performance), the Contracting Officer will retain the maximum 10% of the amount of the payment of each incident of late performance until the work is satisfactorily completed and inspected in accordance with instructions and standards identified elsewhere in this contract.

Further, sub-paragraph (g), Reimbursement for bond premiums, will be enforced. The contractor shall provide evidence of payment of bond premiums paid to the surety (including coinsurance and reinsurance) before being allowed to submit for reimbursement of those expenditures in a progress payment request. FAR Clause 52.232-27 (a)(i)(A) discusses the due date for making progress payments as 14 days after the designated billing office receives a PROPER payment request (see discussion above). The Contracting Officer will date/time stamp receipt of each progress payment request package when it is delivered. That date/time will mark day one of the 14-day period for payment IF there is no disagreement over quantity, quality, or contractor compliance with contract requirements. If there is a disagreement in quantity, quality, or contractor compliance with any aspects of the contract at the time of delivery of the invoice, the invoice date/time stamp will be stricken through, initialed and returned to the contractor for correction. This effectively stops the clock and it will start over when a properly executed invoice is delivered to the Contracting Officer. In accordance with DFARS 252.232-7003, the Contracting Officer hereby determines that the following process is in compliance with DFARS: Once the invoice has been certified by the Contracting Officer, AND the contractor receives a signed copy, the contractor shall initiate a Construction Payment Invoice in WAWF, and route it directly to the COR identified in this contract. The DODAAC that will be used in preparing the WAWF invoice is “W45NQ9”. When the COR receives the WAWF invoice, he/she will verify the information submitted with the (local progress payment request form) approved invoice; if all information between the two documents is verified as correct and appropriate, the COR will perform the role of Acceptor, and approve the invoice forward to the DFAS for processing of the payment. For contracts with a period of performance of 60 days or less the Contracting Officer has determined that no progress payment will be authorized. The Contractor shall be entitled to bill the Government for such projects only after complet ing a final inspection (and clearing any punch list generated), completion of any applicable O&M classes (to be coordinated with the COR), submission of final paperwork (i.e., as built drawings, DD 1354), and after confirming all certified payroll records have been submitted to the Government. For projects negotiated with a longer performance period, progress payments are authorized one time each month, up to 80% of the project cost, but only after approval of a construction progress schedule, and only in the amounts verified on subsequently approved progress reports. Progress payment invoices will not be processed in the same week as the progress report is submitted. No progress payments are authorized above 80% of the contract value.

AVAILABILITY AND USE OF UTILITY SERVICES

In accordance with FAR Clause 52.236-14, Availability and Use of Utility Services, water and electricity are furnished by the Government for the Contractor's use at no charge and in the performance of construction work at the job site, but only to the extent that their use is necessary to complete the work and the utilities are readilyavailable at the site. Any usage of these utilities beyond what is needed to complete construction work at the job site or exceeds that which is readily available at the job site, and approved for use by the Contracting Officer, shall be furnished by the Contractor at its own expense. These utilities are provided provisionally and only to the extent that is necessary to facilitate the work. This authority can be revoked if the Government witnesses that utilities are being wasted; e.g., lights being left on when no work is being done or water is being left on unattended for any extended amount of time. Failure of the Contractor to comply with this request to conserve and preserve these utilities will result in the Contractor entering into individual metering agreements at the job site and paying for the use of these utilities.

In reference to FAR Clause 52.236-10, Operations and Storage Areas, SHOULD the Contractor be AUTHORIZED to establish a field operations office or a temporary staging area under this contract, it shall be responsible for consumption of available utilities. Prior to commencement of work under the contract, the contractor shall sign a Utility metering agreement with the Directorate of Public Works Utilities Section, Bldg 4612 on 77th Street and Santa Fe Avenue. Prior to final payment under the contract, the contractor shall pay any outstanding utility charges and provide a copy of the paid invoice to the Contracting Officer as evidence of compliance. If the solicitation does not provide for such arrangements, and the contractor did not receive separate approval for the establishment of such facilities/space from the Contracting Officer, no such authorization is assumed. Any costs incurred for the establishment of field operations facilities after contract award are made solely at the contractor’s cost, and without compensation by the Government. There shall be no squatting on the job site.

WRITTEN GUARANTEES AND GUARANTOR'S REPRESENTATIVE

The Government is entitled to all standard commercially offered warranties/guarantees. The Contractor shall obtain all warranties, have them executed in writing, and furnish them to the Contracting Officer prior to final inspection.

Additionally, the documentation shall include the name, address, and telephone number of the guarantor's representative responsible for the guarantee during the warranted period, and who will provide warranty related services covered by the warranty/guarantee. The existence of any commercial manufacturer’s warranties does not relieve the contractor of responsibilities identified in FAR clause 52.246-21.

DOCUMENTATION TO SUPPORT SUBCONTRACT AWARDS

Within five calendar days after the award of any subcontract, the Contractor shall deliver a completed SF Form 1413 (Statement and Acknowledgment) to the Contracting Officer. Each subcontract shall contain, as a minimum, the Contract Number, Task Order Number (if applicable), and Title. The subcontract must clearly identify what the subcontractor will be performing in relation to other trades on the job. All subcontracts shall contain the anticipated period of performance that correlates with the approved Progress Schedule for that Division of work. A sample format shall be submitted for Contracting Officer approval prior to commencement of work under this contract. FAR Clause 52.222-11, entitled "Subcontracts (Labor Standards)", requires that the clauses listed therein be physically inserted in all subcontracts. However, if the Contractor subcontracts by means of purchase orders or other informal types of contractual situations, compliance will be considered provided if clauses are attached to the subcontract form. Written acknowledgement by the subcontractor of these Labor Standards is required.

Incorporation by reference does not constitute compliance.

RELATIONSHIP BETWEEN GOVERNMENT, CONTRACTOR AND CONTRACTOR PERSONNEL

The Government and the Contractor understand and agree that the services to be delivered under this contract are non-personal services and that no employer-employee or master-servant relationship exists or will exist under the contract between the Government and the Contractor or between the Government and the Contractor's personnel.

Further, the Contractor is not the Government's agent.

The Government will not exercise any supervision or control over Contractor personnel performing services under this contract. Contractor personnel shall not become an integrated part of the Government organization in connection with performance under this contract. The work required under this contract does not require or authorize the Contractor or his employees to exercise personal judgment and discretion on behalf of the Government, but rather, the Contractor's employees shall act and exercise personal judgment and discretion on behalf of the Contractor. Contractor personnel shall not be eligible, by virtue of performance under this contract, for payment by the Government of entitlements and benefits accorded federal employees. The entire consideration to the Contractor for performance of this contract is contained in the provisions for payment set forth in this contract.

PROGRESS MEETINGS

The Contractor shall:

1) Schedule and administer meetings throughout the progress of the work at maximum monthly intervals, every 2-weeks is preferred intervals.

2) Make arrangements for meetings, prepare agenda and transmit the agenda NLT 3 working days prior to the scheduled meeting.

3) Provide written documentation of the meeting minutes for review and acceptance by all present within 3 working days of each meeting.

Insurance Requirements

TYPE AMOUNT

Workers' Compensation (See Note) $100,000 Comprehensive General Liability Insurance for Bodily Injury $500,000 per occurrence Comprehensive Automobile Liability $200,000 per person

$500,000 per occurrence for bodily injury $20,000 per occurrence for property damages

NOTE: Workers' Compensation will be provided as regulated by the Division of Workers' Compensation, issued by a Texas Department of Insurance (TDI) licensed insurer, regulated by the TDI and guaranteed by the Texas Property and Casualty Insurance Guaranty Association.

(End of Summary of Changes)