B08 Amendment 0003.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 of this amendment is to:

1) Revise the evaluation criteria

2) Extend the proposals due date to 28 Sep 21. Offerors must follow the instructions at Section 00 21 16 to request a DoD SAFE link to submit their proposals electronically.

No other changes are made or implied.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 10

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

16C. DATE SIGNED

BY 16-Sep-2021

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 W9123821R0071

X 9B. DATED (SEE ITEM 11)

22-Jul-2021

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 X 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 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

16-Sep-2021

CODE

USACE SACRAMENTO DISTRICT

ATTN: CONTRACTING DIVISION

1325 J STREET

SACRAMENTO CA 95814-2922

W91238 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9123821R0071

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION

The required response date/time has changed from 01-Sep-2021 10:00 AM to 28-Sep-2021 10:00 AM.

SECTION 00 22 00 - SUPPLEMENTARY INSTRUCTIONS

The following have been modified:

EVALUATION FACTORS FOR AWARD

GENERAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS, EVALUATIONS,

AND CONTRACT AWARD

1. OVERVIEW.

Proposals received in response to this solicitation for the Tooele 2MW Solar Photovoltaic Array will be evaluated using the Lowest Price Technically Acceptable method of obtaining a best value contract. The Contracting Officer will award the contract to the responsible offeror with the lowest price offer whose technical offer is found acceptable, in accordance with the standards set forth below.

2. BASIS OF AWARD.

2.1. ELIGIBILITY FOR CONTRACT AWARD

In accordance with the requirements of Federal Acquisition Regulation (FAR) Part 9, no contract shall be entered into unless the Contracting Officer ensures that all requirements of law, executive orders, regulations, and all other applicable procedures, including clearances and approvals, have been met. This includes the FAR requirement that no award shall be made unless the contracting officer makes an affirmative determination of responsibility. To be determined responsible, a prospective contractor must meet the general standards in FAR Part 9 and any special standards set forth in the solicitation.

2.2. SOURCE SELECTION USING THE LOW-PRICE, TECHNICALLY-ACCEPABLE

(LPTA) METHOD

The Government shall first evaluate the lowest-priced offeror. Should that offeror’s proposal be found to be technically acceptable in all non-price factors, the Government shall stop evaluations and make direct award to said offeror, assuming its price is found to be fair and reasonable. Should the proposal not be technically acceptable in all non-price factors, or should the price offer not be found fair and reasonable, the Government shall evaluate the next lowest-price offeror. This process will repeat until a technically acceptable offeror whose price offer is fair and reasonable is selected.

3. GENERAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS

For purposes of this RFP, an “Offeror” may include a group of two or more entities that have formed a “contractor team arrangement,” as that term is defined in the FAR Part 9.601. In the case of entities that have formed a contractor team arrangement, the experience and performance history of any member of the team, whether or not gained while working with the other member(s) of the currently-proposed contractor team arrangement, may be considered as a part of the evaluation of the Offeror’s proposal.

In the case of contractor team arrangements involving a prime contractor and subcontractor(s), where the prime contractor submits the proposal in response to this RFP, the prime contractor must have completed at least two one of the total number of projects submitted for Factor 1.

for consideration in response to the Factor 2 past performance submission requirements of this RFP. If information about a subcontractor is submitted and considered during the evaluation, the Government’s expectation is that this subcontractor will perform the same or very similar work in performance of this contract. Before utilizing another subcontractor for this work, the Government must first give its written consent.

An Offeror that relies upon the performance history of a member or members of a proposed contractor team arrangement will be expected to maintain that arrangement during performance of any contract awarded to that Offeror under this RFP. As a part of its proposal, the Offeror must provide a contractor team agreement signed by all parties, identifying the legal name(s) of all entities and describing the nature of each entity’s relationship (teaming/partnering, joint venture, etc.) and its role on this project. Past Performance information of other than the contractors constituting such a team will not be considered in the absence of a fully-executed team agreement. In the case of joint ventures, at least one project must be submitted from each member to demonstrate past experience.

3.1.1 Media, Page Size, Margins, Fonts, and Page Limitations.

3.1.1 Submit only the electronic files specified elsewhere in this solicitation. Do not submit excess information not requested, such as audio-visual media, etc. Do not include links to information on websites in lieu of incorporating the information physically into the proposal.

Except where another size is specifically authorized for a specific submission, use only 8 1/2” x 11” electronic sheets. Use at least 1inch margins, which may include headers and footers. Do not justify the right margin. Ensure that all text and graphics are clearly legible. Do not use a font size smaller than 10, or unusual font styles such as script, or condensed fonts. Where authorized, a foldout sheet will count as one page. Pages furnished for organizational purposes only, such as a “Table of Contents” or divider tabs, are excluded from page limitations.

3.1.2 Conditioning of Offer.

Do not include exceptions to the terms and conditions of the solicitation in either the technical or price proposal volumes. Inclusion of any company terms and conditions that conflict with the terms and conditions of the solicitation may result in a determination that the offer is unacceptable and thus ineligible for award. Resolve questions about the terms and conditions or technical requirements of the solicitation prior to submission of the offer; see “Inquiries”, located in Section 00 21 16, for points of contact. Notwithstanding the above, the offeror must clearly describe in the proposal cover sheet submitted with the price volume any exceptions within the offer to the contractual and/or technical terms and conditions of the solicitation.

3.1.3 Restrictions on Offeror-Provided Information.

“Confidential” projects cannot be submitted to demonstrate capability unless all of the information required for the Government’s evaluation as specified herein is provided as part of the offeror’s technical proposal. Offerors that include in their proposals information they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, must clearly mark the information in accordance with FAR 52.215-1, “Instructions to Offeror – Competitive Acquisition”, paragraph (e), “Restriction on disclosure and use of data.”

Offers shall not contain classified data.

3.2 GENERAL PROPOSAL PREPARATION.

The proposal shall be submitted as summarized below.

(1) Volume I – Technical Volume

(a) Factor 1: Experience

(b) Factor 2: Past Performance

(2) Volume II – Price Volume

(a) Proposal Cover Sheet

(b) Standard Form (SF)1442, to include acknowledgement of Amendments, and Joint

Venture Agreement

(c) Pricing Schedule

(d) Completed 52.204-8, with applicable checkmark applied.

(e) Offer Guarantee

(f) Pre-Award Survey Information

The offeror must submit a proposal consisting of a “price” volume (Volume II), and a “technical” volume (Volume I). The price volume must include the signed offer and the offeror’s proposed prices. The technical volume includes all required information relating to the “non-price” evaluation factors. The two volumes must be submitted as separate, distinct volumes. Both volumes must be received electronically, within the same DOD SAFE submission, not later than the date and time specified in Block 13 of Standard Form 1442. The information in each volume is evaluated separately and independently. Do not cross-reference similar material between the technical volume and the price volume.

3.2.1 Identification of each Volume.

Clearly identify each volume, as either the “Price Volume” or “Technical Volume”. Include on the cover sheet for each volume the project title and location, solicitation number, name and address of the offeror, and volume copy number.

Offers are to be formatted and tabbed in accordance with the instructions below for each proposal volume.

Include a table of contents for each proposal volume.

4 TECHNICAL VOLUME

4.1 FORMAT, CONTENTS, AND LIST OF TABS FOR THE TECHNICAL VOLUME.

Use 8-1/2” x 11” electronic pages for the narrative portions of the proposal. There is not a page limit for the overall technical proposal; however, there may be limits imposed at the tab level.

Organize your technical proposal as indicated below. The tabs directly correlate to the technical evaluation factors. Although the Government may use information contained anywhere within the technical proposal in its evaluation of any technical evaluation criteria, the Government is not obligated to search for or to consider information that is not located in the specified location.

Number the pages. Do not include information pertaining to your proposed pricing for this project in the technical proposal. Limit your submittals to the information specified; excess information will not be evaluated. For purposes of the electronic version of the proposal, “tabs” means searchable PDF bookmarks.

4.2 Tab 1 of the Technical Volume: Factor 1 – Experience.

4.2.1.1 Factor 1 - Experience with design and construction of a solar photovoltaic arrays with 1MW of minimum energy production

The offeror shall provide information on a minimum of three (3), but no more than five (5) successful projects that demonstrate experience in the design and construction of a solar photovoltaic arrays with a minimum of 1MW of minimum energy production.

The offeror shall submit projects substantially completed within the last seven (7) years. A submitted project by either the offeror or its proposed subcontractor can demonstrate completion of a single or element listed above. However, the prime contractor must have at least one element of one of the projects self-performed.

Each project example provided by the offeror shall include a narrative containing at least the following information:

• Project title and location

• Detailed description of the project and work performed

• Original contract award amount and final construction cost

• Original contract finish date and actual finish date

**** Substantially complete means that only punch list items remain for project acceptance, or that the majority of the elements of the project have been turned over to the customer for beneficial occupancy. A submitted project can demonstrate completion of one, some or all of the elements. ****

Formatting Limitations:

Each example project description shall not exceed three (3) pages (8.5 x 11 inches page size) including any images, graphics, charts and tables. If offeror submits more than three (3) pages for any example project description, the additional pages will not be evaluated. Start each example project on a new page.

4.2.1.2 Evaluation Criteria

The Offeror shall provide the following to be considered Acceptable:

A minimum of three (3), but no more than five (5) substantially complete example projects completed within the last seven (7) years that demonstrate experience in the design and construction of a solar photovoltaic arrays with a minimum of 1MW of minimum energy production and the prime contractor self-performed at least one of the projects.

Unacceptable: a proposal will be rated Unacceptable if it does not meet all the above stated requirements.

4.3 Tab 2 of the Technical Proposal: Factor 2 Past Performance

4.3.1 Submission Requirements

a. The Offeror shall submit past performance evaluations on the projects it submitted for Factor 1, Experience. The Offeror shall provide formal performance evaluation if they are available.

Formal performance evaluations are those that are similar to evaluations prepared using Department of Defense Performance Evaluation (Construction) Form DD2626.

b. If a formal performance evaluation is not available, then the offeror shall obtain from the client for each past project a completed Past Performance Questionnaire (PPQ) (see PPQ form included in this solicitation). 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 submittal date, the offeror shall complete and include with its proposal the first page of the PPQ, showing contract and client information for the respective project(s). Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. Completed questionnaires may also be submitted by the preparer directly to the Government’s point of contact, Howard Gregory at Howard.E.Gregory@usace.army.mil prior to proposal closing date.

c. The Government may also review information obtained from any other source in evaluating each offeror’s past performance. Sources may include past performance information retrieved through the Past Performance Information Retrieval System (PPIRS), using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror’s proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the offeror.

d. While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror.

e. Start the information for each example project on a new page. There is not a page limitation for this submission.

4.3.2. Evaluation Criteria:

The past performance evaluation is an assessment of the offeror’s probability of meeting the minimum past performance solicitation requirements. This assessment is based on the offeror’s record of relevant and recent past performance information that pertain to the products and/or services outlined in the solicitation requirements.

Past performance will be initially evaluated to determine whether the offeror’s present/past performance is recent, and relevant to the proposed effort. Past performance will be considered recent if it has been completed within the last seven years or if the past performance project is substantially complete as of the date the proposal is submitted. A past performance project will be found relevant if it included information on a minimum of three (3), but no more than five (5) successful projects that demonstrate experience in the design and construction of a solar photovoltaic arrays with 1MW of minimum energy production.

Second, the past performance evaluation should demonstrate how well the offeror performed on the prior contracts presented. The past performance evaluation process gathers information from customers in order to assess how well the offeror performed those past contracts.

NOTE: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, or is so sparse that no meaningful past performance rating can be reasonably assigned, the Government may be unable to make either a favorable or unfavorable past performance evaluation (see FAR 15.305 (a)(2)(iv)). in such cases an offeror shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered “acceptable.”

In conducting the past performance evaluation, each Offeror shall be assigned a rating in accordance with the table below.

Adjectival Rating Description Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown *(See note above).

Unacceptable Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

5 PRICE VOLUME.

5.1 NUMBER OF SETS OF THE PRICE PROPOSAL.

Submit the price proposal volume in a separate electronic format.

5.1.1. FORMAT, CONTENTS, AND LIST OF TABS FOR THE PRICE PROPOSAL.

Use only 8-1/2” x 11” electronic pages. There are no page limits for the price proposal;

however, limit responses to required information. Excess information will not be evaluated.

Organize your price proposal as indicated below. For the price volume only, “tab” means a bookmark on a searchable PDF document.

Tab 1: Proposal Cover Sheet.

The proposal cover sheet is required by FAR 52.215-1(c)(2)(i)-(v). This provision, titled “Instructions to Offerors – Competitive Acquisition” is incorporated by reference in Section 00 21 00. The format and content for the proposal cover sheet follows:

PROPOSAL COVER SHEET

1. Solicitation Number.

2. The name, address, CAGE code, and telephone numbers of the offeror.

3. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the Solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item.

4. Names, titles, e-mail address, and telephone numbers of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation:

5. Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

(End of Proposal Cover Sheet)

Tab 2: SF 1442; Acknowledgement of Amendments; Joint Venture Agreement The Standard Form (SF) 1442 must be completed by the offeror and duly executed with an original signature by the official(s) identified in the proposal cover sheet as authorized to bind the offeror in accordance with FAR 4.102, which includes specific instructions pertaining to individuals, partnerships, corporations, Joint Venture participants, and agents. Include the offeror’s CAGE code in block 14 of the SF 1442, along with the offeror’s address. All amendments must be acknowledged in accordance with the instructions on the Standard Form 30, Amendment. If the offeror is a Joint Venture (JV), include a copy of the JV agreement and indicate its status.

*Note: If the SF 1442 and/or the pricing schedule is changed by amendment, be sure to use the amended pages when submitting your proposal.

Tab 3: Contract Line Item Numbers (CLINs) Submit the completed Contract Line Item Number (CLIN) Schedule on the SF 1442. Prices must be proposed for each contract line item (except for those CLINs deleted from the solicitation). Unit prices must be extended to the actual “dollar and cents” amounts (e.g., to two decimal places). Do not round off the extended prices to the nearest dollar. Check your pricing submission very carefully for mathematical and clerical errors prior to submission. Any qualification of pricing may render the proposal unacceptable and therefore not eligible for award. However, offerors are encouraged to use callouts, footnotes, etc. to explain their lines of thinking where it would aid in the Government finding the price(s) fair and reasonable.

Tab 4: Annual Representations and Certifications The offeror must have electronically completed the annual representations and certifications on the “System for Award Management” (SAM) website in accordance with FAR 52.204-8. The offeror is responsible for ensuring that these on-line Representations and Certifications are updated as necessary to reflect changes, but at least annually to ensure that they are kept current, accurate and complete. Please print out 52.204-8, and place the appropriate checkmark in section (b)(2).

Tab 5: Bid Guarantee.

All offerors must submit a bid guarantee, (e.g., Standard Form 24, Bid Bond) which complies with the requirements of FAR 28.101 Bid Guarantees, and any Defense and Army supplements thereto.

Tab 6: Pre-Award Survey Information

a. The contracting officer is required to make an affirmative pre-award determination of the prospective contractor’s responsibility in accordance with the mandatory requirements of Part 9 of the Federal Acquisition Regulation (FAR) and its supplements. The contracting officer must have sufficient information available to determine that a prospective contractor meets these minimum standards. Therefore, the offeror is requested to provide the pre-award survey information described below with its price proposal:

(1) The completed Construction Contractor Data Form with Supplemental Schedules A-

C (see attachment). If the offeror is a large multi-segmented business concerns, the data provided on the supplemental schedules may be limited to information that directly pertains to the specific segment of the business concern (i.e., the division, group, unit, etc.) proposed to perform work under the prospective contract with its own work force. If the offer is being submitted by a Joint Venture, submit a separate form for each Joint Venture participant. The offeror may submit pre-award survey information in another format, provided that the information furnished is substantially the same as that which would be furnished on the Construction Contractor Data Form and its supplemental schedules.

(2) Current financial statements. If the financial statement is more than 60 days old, submit a certificate stating that the firm's financial condition is substantially the same, or, if not the same, state the changes that have taken place. If a Joint Venture, provide this information for each participant in the Joint Venture.

(3) Banking information. Provide letters from banks or other financial institutions with which the contractor conducts business. The letters should contain information about your firm's accounts, loans, lines of credit, etc. The Government is interested in financial stability, timely payments, the length and nature of the relationship between the firm and the financial institution, and the firm's financial ability to perform the contract. The letters should also provide the name and telephone number of the bank representative the Government may contact. If a Joint Venture, provide this information for each Joint Venture participant.

The Government will treat the pre-award survey information submitted by the offeror as proprietary.

(End of Summary of Changes)