Amendment 4.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

W91236-20-B-0015 AIT Barracks Complex IV, Barracks Only Fort Eustis VA, (Construction)

1.Section 00 10 00 – Solicitation NOTICE TO BIDDERS Electronic Bid Opening “public bid opening conducted by Government via teleconference on August 07, 2020 at 10:00 a.m. EDT” date is extended to August 07, 2020 at 1:00 p.m. EDT.

Postpone only the Bid Opening.

Contracting POC: Allen Scott Brainerd email: allen.s.brainerd@usace.army.mil (757) 201-7668 cc'd dianne.k.grimes@usace.army.mil

1. CONTRACT ID CODE PAGE OF PAGES

J 1 7

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

16C. DATE SIGNED

BY 07-Aug-2020

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 W9123620B0015

X 9B. DATED (SEE ITEM 11)

12-Jun-2020

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

07-Aug-2020

CODE

USACE, NORFOLK DISTRICT OFFICE

CONTRACTING OFFICE

803 FRONT STREET

NORFOLK VA 23510-1011

W91236 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9123620B0015

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION

The following have been modified:

NOTICE TO BIDDERS

NOTICE TO BIDDER

PROJECT DESCRIPTION

This project will construct a 139,500 square foot, Four-story Barracks Building with provisions to include: special foundation, fire protection and alarm systems and Energy Monitoring Control Systems (EMCS) connection.

Sustainability and energy enhancement measures are included. Supporting facilities include site development, utilities and connections, lighting, paving, parking, walks, curbs and gutters, storm drainage, information systems, landscaping and signage, and site improvements. Heating and air conditioning will be provided by self-contained systems. Measures in accordance with the Department of Defense (DoD) Minimum Antiterrorism for Buildings standards will be provided. The project will provide a building that will be safe to personnel, protect mission critical assets and comply with current design criteria and all applicable codes.

1. SPECIAL BID SUBMISSION INSTRUCTIONS DUE TO COVID-19

The Norfolk District anticipates the possibility that its building will be closed during the time for bid submission due to the evolving requirements arising in response to COVID-19. Accordingly, the Norfolk District will NOT accept bids my mail, hand-carry, or commercial courier (that is, no physical bids will be accepted in response to this solicitation. All bids must be submitted by electronic commerce only.

Electronic Bid Submission in DoD SAFE or Electronic Mail (E-Mail)

In accordance with (IAW) FAR 52.214-7, LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS, all bids must be uploaded to the Government system described below not later than 05:00 p.m. Eastern Day Time (EDT) July 28, 2020 05:00 p.m. Eastern Day Time (EDT) August 06, 2020 05:00 Eastern Day Time (EDT). Bids will be submitted through DoD Secure Access File Exchange (DoD SAFE) (https://safe.apps.mil/).

DoD SAFE will serve as the Government point of entry to submit bid.

All bids may be uploaded into DoD SAFE infrastructure as early as June 15, 2020 July 29, 2020, but in no event later than the date and time provided above

Bidders will require a unique “request code” to upload proposals into DoD SAFE, which will obtained by email only to POC: Alexander L. Loi at alexander.l.loi@usace.army.mil, and cc: PPMDContracts@usace.army.mil. The bidder should submit the email request for the “request code” NLT July 28, 2020, at 5:00 p.m. EDT NLT August 06, 2020, at 5:00 p.m. EDT. Bidders should note that the unique request code will provide only a one-time access. If the bidder needs to re-access DoD SAFE, it will need to re-request another code.

If the bidder encounters technical challenges uploading, it may elect to transmit the files via e-mail to the addresses provided in the paragraph above. The subject line of the email must include: Bid – W91236-20-B- 0015. The body of the email must not include any procurement sensitive information from the bid to avoid that information being disclosed prior to bid opening.

Bidders are strongly encouraged to avoid waiting until the last minute to attempt to transmit their bids.

The electronic bid submittal contents shall conform to the details of the solicitation and subsequent amendments.

Electronic Bid Opening

Due to unanticipated technical difficulties with the DOD SAFE File Exchange System, the Norfolk District is hereby amending the solicitation to change NOTICE TO BIDDERS Electronic Bid Opening “public bid opening conducted by Government via teleconference on August 07, 2020 at 10:00 a.m. EDT” date is extended to August 07, 2020 at 1:00 p.m. EDT.

There will be a “public” bid opening conducted by the Government via teleconference on July 29, 2020, at 1000 a.m. EDT August 07, 2020 at 1000 a.m. EDT August 07, 2020 at 1:00 p.m. EDT for participating bidders. The teleconference phone number, and access codes will be emailed to participants once bid submission due date and time have lapsed. Bidders will be able to participate in the reading of the bids through this teleconference.

In the event the Norfolk District building is closed at the time of bid opening, a bid abstract containing bid results will be distributed to participating bidders within twenty-fours (24) hours of the bid opening. Upon request, the Norfolk District will make the opened bids available for examination.

A copy of the duly executed bid guarantee (signed by principal and surety with raised seal) must also be included in the attachment labeled “Bid.20B0015_”Bidder Name”.” A physical copy of the bid guarantee in proper form with evident raised seal must be submitted within seventy-two (72) hours to the Government upon request from the apparent low bidder. Additionally, the bid submission shall provide signed BID by letter to include SF1442 and SF 30 acknowledgement of all Amendments.

Please be advised that in accordance with FAR Deviation 2020-o0016, Class Deviation – Original Documents, Signatures, Seals and Notarizations - Electronic signatures and electronic, mechanically-applied, or printed dates may be used and shall be considered original signatures and dates, without regard to the order in which they are affixed for all of part 28 instruments as requested by this solicitation

Electronic Bid Uploading Offerors are responsible for ensuring electronic copies are virus-free and shall run an anti-virus scan before upload into DoD SAFE. Electronic copies shall be compatible with the following software products: Adobe Acrobat Reader 11 and Microsoft Office Suite (Excel and Project) 2010. The electronic copies shall be in Adobe Acrobat (except for Microsoft Excel documents) portable document file (pdf) searchable text format. Electronic files shall be clearly identified for each section and item as detailed in the solicitation. It is the Offeror’s responsibility to obtain written confirmation of receipt of all electronic files of the bid submitted into DoD SAFE.

Any questions regarding bid submission should be directed to Mr. Alexander Loi in ProjNet. Allen Scott Brainerd

Any questions regarding bid submission should be directed to Mr. Alexander Loi in ProjNet. Allen Scott Brainerd

_1__. EVIDENCE OF AUTHORITY TO SIGN OFFERS

Evidence of the authority of individuals signing offers to submit firm offers on behalf of the offeror is required except where the offer is signed, and shows that it is so signed, by: the President, Vice-President, or Secretary of an incorporated offeror; a partner in the case of a partnership; or the owner in the case of a sole proprietorship. Failure to submit with the offer satisfactory evidence of the authority of all other persons may be cause for rejection of the offer as invalid or nonresponsive.

_2__. PREAWARD SAFETY CONFERENCE

a. Where an apparent low bidder, in performance of contracts during the previous three-year period, incurred one or more accidents, or where, in the opinion of the Contracting Officer, there is any question regarding this compliance with any safety or accident prevention requirement, such bidder, on request of the Contracting Officer prior to any award under this solicitation, shall attend a conference with representatives of the Contracting Officer to discuss any such accidents or non-compliance, the reason for their occurrence, and measures which will be taken to preclude any recurrence thereof.

b. Information elicited at this conference will be used by the Contracting Officer, in conjunction with other information obtained in a preaward survey, in determining the bidder's responsibility.

c. The items discussed, the preventive measures considered, and any conclusions reached in this conference shall be recorded in minutes of the meeting, which shall be authenticated by the signatures of representatives of the bidder and the Contracting Officer, and any procedures noted therein as agreed upon shall become an obligation of the bidder, along with all other safety and accident prevention requirements of the contract, if award is made to him.

_3_. AWARD TO RESPONSIBLE BIDDERS (FAR 9.1)

Responsibility will be determined, prior to award, by the Contracting Officer, either by performing a pre-award survey or conclusions based on a previous pre-award survey and/or any performance data available. A pre-award survey maybe performed in determining the bidders responsibility in accordance with FAR 9.104 and 9.106. The bidder will be required to show that he has the necessary capital, experience, and owns or can procure the necessary plant or other resources to commence the work at the time prescribed in the specifications and thereafter to prosecute and complete the work safely and satisfactorily within the time specified. If the bidder is unable to comply with the request for preaward survey, the bidder will no longer be considered for award.

To be determined responsible, a bidder must demonstrate the following –

a. Have adequate financial resources to perform the contract, or the ability to obtain them;

b. Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;

c. Have a satisfactory performance record. A prospective contractor shall not be determined responsible or nonresponsible solely on the basis of a lack of relevant performance history;

d. Have a satisfactory record of integrity and business ethics;

e. Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors);

f. Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them;

and

g. Be otherwise qualified and eligible to receive an award under applicable laws and regulations **NOTE - The Government is not liable for any costs incurred by the bidder submitting an offer in response to this solicitation.

Additionally, in accordance with FAR Part 9.1, prior to awarding a contract, the Government will conduct a Responsibility Determination of the firm selected for award. The below information will be requested of the apparent low bidder. This information is not required to be responsive to the invitation for bid. Too efficiently and expeditious award the resultant contract, it is HIGHLY recommended that bidders provide the below information with their bid. If bidders wish to shield this information from public view at the bid opening, the information may be placed in an envelope with the following legend:

PRE-AWARD SURVEY INFORMATION

SOLICITATION NO. W91236-20-B-0015

This information is not required to be responsive to the invitation for bid.

a) Current commitments and expected dates of completion.

b) One (1) signed bank reference demonstrating adequate financial resources. If bidder’s firm has a line of credit – provide information on how many figures bidder can borrow against the line of credit (i.e. medium 6 figures – exact line of credit is not required).

c) The bidder shall provide the latest three complete fiscal year financial statements for the prime contractor, certified by an independent accounting firm, if practicable, or signed by an authorized officer of the organization.

Submit evidence of availability of working/operating capital, which will be used for the performance of the resultant contract. For Joint Venture arrangements, submit the latest three complete fiscal year financial statements for each company in the Joint Venture and discuss the financial responsibilities among the companies. The Government may also utilize Dun & Bradstreet reports to evaluate the financial capacity of the bidder.

IMPORTANT NOTE, this solicitation requires apparent low bidder to submit DRC criteria as defined below:

DEFINITIVE RESPONSIBILITY CRITERIA (DRC)

The apparent low bidder will be required to submit project information to establish that it meets the DRCs within 24 hours of bid opening. Failure to provide the DRC information may result in a negative responsibility determination that will render the bidder ineligible for award.

The low bidder must submit examples of prior contract performance that demonstrate the elements listed below to be deemed responsible as measured inagainst the definitive responsibility criteria.

The project submission shall describe the owner name, contract number (if applicable), contract value, a description of the work performed, which should address the mandatory project elements set out below, and a point of contact for the owner.

The bidder shall submit projects in which it has performed as the prime contractor, in a joint venture, or as subcontractor. If work performed as a joint venture partner or subcontractor, the bidder should describe the scope of work performed under the general contract.

a. Bidder shall provide three example projects that each demonstrates completion of new construction of a facility involving a minimum of 125,000 square feet of enclosed climate-controlled space.

b. Bidder shall provide three example projects that each demonstrates vertical construction of a permanent facility with a minimum of four floors whose primary purpose, or a substantial secondary benefit, is to provide housing or lodging space.

c. Bidder shall provide three example projects that were constructed within a United States Military Installation.

Review of this criteria will be on a pass/fail basis. After bids are opened, the apparent low bidder will be required to submit narratives describing projects that substantiate the Definitive Responsibility Criteria. If they do not satisfy the criteria listed above, the second low bidder will be requested to provide their example projects, and so on until a bidder satisfies the requirements.

The example project description of each project shall be one page or less, and shall include a description of the project, to include how the example project meets the requirement listed above. Each example project may, but need not, satisfy more than one of the DRCs listed above. Example: a 150,000 SF Dormitory on a U.S. Military Installation would satisfy one project in all three categories.

_4__. INSPECTION OF THE SITE

Prospective bidders are invited to visit the site of the work in order to acquaint themselves as to site conditions and other problems incident to the prosecution of the work. Arrangements for inspection of the site shall be made through the Office the Area Engineer identified in the clause 52.236-27, entitled "SITE VISIT

(CONSTRUCTION)."

_5__. SUBCONTRACTING PLAN (CONSTRUCTION)

In accordance with clause 52.219-9 Alt I (as prescribed by FAR 19.708(b) if the bidder is a large business a SMALL BUSINESS SUBCONTRACTING PLAN is required to be submitted with your DRC. The subcontracting plan shall be reviewed and approved by the Contracting Officer prior to award in accordance with the FAR 19.704-5

Elerctornic Subcontracting Reporting System (eSRS) Goals Small Business 20%

Small Disadvantaged Business 5% Woman Owned Small Business 4% Historically Unerutilized Business Zone 3% Service Disabled Veteran Owned Small Business 3%

_6__. BASIS OF AWARD

All blanks must be filled in by the bidder, the bidder must insert a value for each CLIN or the bid will be deemed non-responsive . A single award will be made to the lowest responsible, responsive bidder on the basis of the total price bid. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). Prior to making an award, a pre-award survey will be made and the low bidder will be required to show that he has the necessary capital, experience, and owns or can procure the necessary plant to commence the work at the time prescribed in the specifications and thereafter to prosecute and complete the work safely and satisfactorily within the time specified.

_7__. INCURRING COSTS

The Government is not liable for any costs incurred by the offeror submitting an offer in response to this solicitation.

_8__. AGENTS

Offers signed by an Agent must be made in the name of the Principal and must be accompanied by evidence of said Agent’s authority to act on behalf of its Principal.

_9__. UNBALANCED BIDS

Any offer which is materially unbalanced as to prices for the Contract Line Item Schedule (as defined in FAR 14.408) may be rejected as non-responsive or otherwise not considered for award. An unbalanced offer is one which is based on prices significantly less than cost for some work and prices which are significantly overstated for other work.

_10__. UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT OR OTHER PERSONNEL

The contractor shall not accept instructions issued by any person, employed by the U.S. Government or otherwise, other than the Contracting Officer or the Authorized Representative of the Contracting Officer acting within the limits of his/her authority as defined in the Designation of Authority letter. A copy of the Designation of Authority letter will be furnished to the contractor at time of contract award.

_11__. STATUTORY COST LIMITATION

The Statutory Cost Limintation in accordance with FAR 36.205 is $49,565,000 for CLINs 0001- through 0006.

_12__. OFFEROR'S QUESTIONS AND COMMENTS

Note: All questions and/or comments should reach the above referenced Contracting Office via ProjNet 10 days prior to bid closing, in order that they may be given consideration or actions taken prior to receipt of offers. ProjNet will close at 8am EDT on 10 days prior to bid closing.

1.5.1 Bidder Inquiry

1.5.1.1 Technical inquiries and questions relating to proposal procedures or bonds are to be submitted via Bidder Inquiry in ProjNet at http://www.projnet.org/projnet.

1.5.1.1.1 To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into system. To self-register go to web page, click BID tab select Bidder Inquiry, select agency USACE, enter Key for this solicitation listed below, and your e-mail address, click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue.

1.5.1.1.2 From this page you may view all bidder inquiries or add inquiry.

1.5.1.1.3 Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

1.5.1.1.4 The Solicitation Number is: W91236-20-B-0015

1.5.1.1.5 The Bidder Inquiry Key is: QVUS9F-QRZH5J.

1.5.1.2 The Bidder Inquiry System will be unavailable for new inquires 10 days prior to proposal submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

1.5.1.3 Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

1.5.1.4 The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

(End of Summary of Changes)