A.2.11.4 W9128A22R0003 Am-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

$495M Unrestricted Multiple Aw ard Task Order Contract (MATOC) for Design-Build and Design-Bid-Build Construction Services for the State of Haw aii

See Continuation Page.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

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

16C. DATE SIGNED

BY

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 W9128A22R0003

X 9B. DATED (SEE ITEM 11)

16-Mar-2022

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.

Am-0003

5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

07-Apr-2022

CODE

CONTRACTING DIVISION

BLDG 230 OTAKE ST.

FORT SHAFTER HI 96858

W9128A 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9128A22R0003 Am-0003

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

1. CHANGES TO SPECIFICATIONS. Attached hereto are revised pages/paragraphs to the specifications. The revision mark “(Am-0003)” is shown on each revised page.

a. REVISED SECTIONS. The following are revised pages to the solicitation. Changes are marked in “*” asterisks.

Section 00 10 00 – Page 1 Section 00 72 00 – Page 79

b. NEW SECTIONS. The following are new pages to the solicitation.

Section 00 72 00 – Pages 80-82 Section 00 60 00, Appendix A – Requests for Information (#16 through 34)

c. REPLACED SECTIONS. The following section from the solicitation has been deleted in its entirety and replaced with the section attached to this amendment.

Section 00 22 10 Section 00 73 00, Appendix B – Offeror Questions and Comments

2. The proposal due date and time remains unchanged.

RFP No. W9128A22R0003

Section 00 10 00 – 1

NOTES:

1. The Government will provide all MATOC Awardees a fair opportunity to be considered for award for every MATOC solicitation unless an exemption under FAR 16.505(b)(2) and DFARS 216.505(b)(2) applies.

2. The minimum guarantee for the pool of contractors is $2,000 per contractor for the base period only. A minimum guarantee will not be applicable to the optional periods of performance.

3. All interested prime and sub-contractors are recommended to participate in and review the Interested Vendors List available in the solicitation announcement on SAM.gov (Solicitation No. W9128A22R0003).

A contractor must be registered and signed into SAM.gov in order to access the Interested Vendors List function.

4. MEASUREMENT AND PAYMENT. Compensation for all work to be performed under this contract will be made under the payment item(s) listed in the task order. Prices(s) and payment(s) for the item(s) shall cover all work, complete and finished in accordance with the specifications, schedules, and drawings, and shall be full compensation for all work in connection therewith, including quality control and the cost of performance-and payment-bond premiums as specified in the CONTRACT CLAUSES. Price(s) and payment(s) shall constitute full and final compensation for furnishing all materials, equipment, management, supervision, labor, transportation, fuel, power, water, and all incidental items necessary to complete the work, except as otherwise specified to be furnished by the Government. For the purpose of CONTRACT CLAUSE entitled "PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS", the term "designated billing office" and "designated payment office" are as follows:

a. Billing Office

U.S. Army Corps of Engineers, Honolulu District Area Office to be determined with award of each task order

b. Payment Office

USACE Finance Center Attn: CEFC-FP 5722 Integrity Drive Millington, TN 380554-5005

5. Each Offeror must submit the following documents electronically in PDF format. Failure to submit all required documents electronically in PDF format may result in the Offeror being ineligible for award. Please refer to Section 00 73 00, Appendix A – Electronic Proposal Submissions, for further instructions.

a. SF1442 (pages 1 and 2) including acknowledging all amendments

b. Section 00 45 00, Representations and Certifications

c. Section 00 45 00, Representations and Certifications, Appendix A – SF LLL Disclosure of Lobbying

Activities

d. Volume 1 in response to Section 00 22 10.

6. Technical inquiries and questions relating to this solicitation are to be submitted via Bidder Inquiry in ProjNet. Please refer to Section 00 73 00, Appendix B – Offeror Questions and Comments, for further instructions.

(Am-0003)

Section 00 22 10 – 1

Section 00 22 10 – Phase 1 of 2 Phases Design-Build/Design-Bid-Build Selection Procedures

1.0 OVERVIEW

1.1. The Honolulu District intends to award a target of 5 Multiple Award Task Order Contracts (MATOC).

1.2. This solicitation will be evaluated under the Two-Phase Design-Build/Design-Bid-Build Process. In

Phase One, interested firms or joint venture entities (referred to as “Offerors”) may submit certain specified performance capability proposals, demonstrating their capability to successfully execute the design-build/design-bid-build construction MATOC resulting from this solicitation. The Government will evaluate responsive proposals based on the Phase One evaluation criteria herein.

1.3. After evaluation of the Phase One proposals the Government will select a target of 10 of the most highly qualified offerors to be invited to submit proposals for Phase Two of the solicitation.

1.4. It is not intended for the Offerors to complete and provide price information in Phase One.

1.5. In Phase Two, the selected Offerors will submit a technical and Price Proposals for the solicitation

CLINs, escalation rates, and overhead rate and a price proposal for a sample project. The Government will evaluate the Phase Two proposals in accordance with the criteria described in the Section 00 22 20.

1.6. All designs under this contract must be developed under the direct supervision of appropriately licensed professionals for each discipline involved.

2.0 BASIS OF AWARD: Selection for award will be determined using the Tradeoff Process in accordance with FAR 15.101. This process permits tradeoffs among cost or price and non-cost/price (technical) factors and allows the Government to accept other than the lowest priced proposal. All evaluation factors other than cost or price, when combined, are significantly more important than price.

3.0 GENERAL INSTRUCTIONS:

3.1 Submit only the electronic files specifically authorized and/or required elsewhere in this section. Do not submit excess information, to include audio-visual materials, electronic media, etc. All pages shall be numbered.

3.2 Proposal materials shall be in PDF file format using Adobe Acrobat software, and shall be in searchable text. Proposals shall be tabbed and labeled in a manner to afford easy identification from a Table of Contents. Each page shall be identified with the appropriate page number centered at the bottom of the page. Sheet size of the proposal contents shall be 8-1/2 inches x 11 inches where sheets are prepared specifically for this proposal, unless another paper size is specifically authorized elsewhere in this section for a particular submission. Do not use alternative paper sizes (e.g., 11” x 17” sheets) unless specifically authorized in this section for a particular submission. Do not use a font size smaller than 10 pitch, an unusual font style such as script, or condensed print for any submission. All page margins must be at least 1 inch wide, but may include headers and footers.

3.3 Provide read-only PDF file format in searchable text using Adobe Acrobat software.

3.4 “Confidential” contracts cannot be submitted to demonstrate capability unless all of the information required for evaluation as specified herein can be provided to the Government as part of the Offeror’s technical proposal. An Offeror that includes information in its proposal that it does not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, (Am-0003)

Section 00 22 10 – 2 must clearly mark such information in accordance with the instructions at FAR 52.215-1, “Instructions to Offerors—Competitive Acquisition”, paragraph (e), “Restriction on disclosure and use of data”.

3.5 For submissions with page limitations: Where authorized, alternative page sizes (11" x 17") will count as one page. Tables of contents, proposal cover letters, and tabs between proposal information do not count toward any page limitations in the proposal.

3.6 All proposal revisions shall be submitted as page replacements with revised text readily identifiable, e.g., bold face print or underlining. The source of the revision, e.g., Error, Omission, or Clarification, or amendment shall be included and be annotated for each revision. Proposal replacement pages shall be numbered, shall be clearly marked “REVISED”, shall show the date of revision. The Offeror shall provide a revised copy of the entire proposal in read-only .pdf file format in searchable text.

3.7 The Phase One proposals must be organized by the sections indicated below:

4.0 PHASE ONE PROPOSAL CONTENTS AND EVALUATION FACTORS

Location Description Factor Relative Importance

Volume 1, Tab A Cover Letter in accordance with FAR 52.215-1

Standard Form 1442, including acknowledging all amendments

Joint Venture Information (if applicable) Representations and Certifications

N/A

Technical Factors Volume 1, Tab B Factor 1 – Past Performance Most important factor Volume 1, Tab C Factor 2 – Organization / Management

Team Factor 2 is less important than Factor

Volume 1, Tab D Factor 3 – Bonding Capability Go/No Go

5.0 VOLUME 1, TAB A

5.1. Submit a Cover Letter in accordance with FAR 52.215-1. Indicate whether you are a Small Business and/or a certified HUBZone Small Business under the size standard for NAICS 236220.

5.2. Submit the Standard Form 1442, completed and signed by a person authorized to bind the company in accordance with the instructions at FAR 4.102.

5.3. Joint Venture Prime Contractors:

If the offeror is a Joint Venture, a copy of the joint venture agreement shall be submitted with the proposal. All members of the joint venture shall sign the SF 1442 unless a written agreement by the joint venture is furnished with the proposal designating one firm with the authority to bind the other member(s) of the joint venture. Failure to comply with the foregoing requirements may eliminate the proposal from further consideration.

If the Offeror is a Limited Liability Company, include a copy of the Articles of Organization and

Operating Agreement.

5.4. Representations and Certifications: Submit completed provisions in Section 00 45 00.

6.0 VOLUME 1, TAB B – FACTOR 1 – PAST PERFORMANCE

There are three aspects to the performance confidence evaluation: recency, relevancy and quality of

Section 00 22 10 – 3 past performance. In accordance with FAR 15.305(a)(2), the currency and relevance of the information, source of the information, context of the data, and general trends in contractor's performance shall be considered. All recent projects will be evaluated for the relevance and quality of performance will be combined to establish one performance confidence assessment rating for each Offeror.

6.1 SUBMISSION REQUIREMENTS:

Submit Experience Information for Prime Construction Contractor (Section 00 22 10, Attachment 1) for each project to be submitted under Factor 1, plus 1 additional page (3 pages max per project).

Also provide performance assessment as described in paragraph 6.5 Performance Assessment.

6.2 RECENCY OF PAST EXPERIENCE:

For a project to be recent, projects shall be completed, or currently in progress with at least 80% construction completed of the current contract value, within the past ten years as of the date the solicitation was issued.

6.3 RELEVANCY OF PAST EXPERIENCE:

These projects must be of relevant scope and complexity to the solicited project. The Offeror shall submit information on at least four (4), but no more than seven (7) completed projects demonstrating the Offeror's recent and relevant experience. At least two (2) of the relevant projects must be design-build.

A relevant construction project is further defined as a construction project with a value of $20,000,000 or more performed under a single relevant task order or contract. For multiple award and indefinite delivery/indefinite quantity type contracts, the contract as a whole shall not be submitted as a project; rather offerors shall submit the work performed under a task order as a project.

For purposes of this evaluation, to be considered a relevant construction project, the project must involve one of the following types of work:

(1) New construction, repair or renovation of existing multi-story administrative facilities

(headquarters, operational, and administration/office buildings, etc.)

(2) New construction, repair or renovation of existing scientific, medical and dental facilities, data centers and industrial facilities (clinics, hospitals warehouses, hangars, aircraft shelters, maintenance buildings, etc.)

(3) New construction, repair or renovation of existing educational facilities (schools, laboratories, childcare centers, training ranges or buildings, etc.)

(4) New construction, repair or renovation of existing community support facilities (multi-story, multi-unit Bachelor Enlisted Quarters (BEQ) dormitory/condominium/apartments, hotels/timeshares, living quarters, reserve centers, dining facilities, auditoriums, recreational facilities, theaters and retail, etc.)

(5) New construction, repair or renovation of shore protection or flood mitigation facilities.

Projects must have been performed by the Offeror. Projects submitted that were not performed by the Offeror will not be evaluated. If any firm has multiple functions or divisions, limit the project examples to those performed by the division or unit submitting the offer. If projects were design-build, identify them as such.

The information that is required to be supplied is identified on the form provided entitled "EXPERIENCE INFORMATION" (Attachment 1).

Section 00 22 10 – 4

6.4 EVALUATION CRITERIA

The Government will review the project descriptions submitted, subject to the established quantity limitations, to ensure the past performance requirements have been met. Past performance, including, but not limited to the following project types may be considered to have a higher degree of relevancy.

Construction project performed as a prime contractor.

Construction project with a construction value of $50,000,000 or more Projects which were constructed within the State of Hawaii Offerors demonstrating past performance with relevant projects in a variety of different types of work (see 6.1 (1) – (5) above).

6.4.1 PHASE 2 EVALUATION

The information provided in the Offeror’s proposal for this evaluation factor will be carried over for use in evaluating of the Offeror, if selected, during Phase 2 of the solicitation. In Phase 2 of this solicitation, Offerors will not be allowed to submit revisions to its original proposal for Factor 1 – Past Performance. Any supplemental information or revisions provided for this factor during Phase 2 will not be evaluated.

6.5 PERFORMANCE ASSESSMENT

For each of the projects submitted, provide a copy of the Contractor Performance Assessment Reporting System (CPARS)/CCASS/ACASS report. If CPARS/CCASS/ACASS does not exist please provide a Past Performance Questionnaire (PPQ) (Attachment 2) to a representative of the owner. The Past Performance Questionnaire 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, Past Performance of Construction Contractor. Ensure correct phone numbers and email addresses are provided for the client point of contact. Completed Past Performance Questionnaires should be submitted with your proposal. If the offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the offeror should complete and submit with the proposal the first page of the PPQ (Attachment 2), which will provide contract and client information for the respective project(s). Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government's point of contact at W9128A22R0003@usace.army.mil prior to proposal closing date.

Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation. Offerors may use previously completed PPQs and do not need to have one completed specifically for this project but must include the previously completed PPQ with its proposal.

In addition to the above, the Government may review any other sources of information for evaluating past performance for any project. Other sources may include, but are not limited to, past performance information retrieved through the Federal Awardee Performance and Integrity Information System (FAPIIS), Contractor Assessment Reporting System (CPARS) or other databases using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company / subsidiary/ affiliate) identified in the Offeror' s proposal; interviews with Program Managers, Contracting Officers, and Fee Determining Officials; and the Defense Contract Management Agency. The information obtained from these sources will be evaluated supplementary to the past performance questionnaires. In reference to the contracts pulled from these sources, the relevancy of the projects, completion dates, ratings and comments in the individual categories and overall ratings will be considered in making the overall confidence assessment.

While the Government may elect to consider data from other sources, the burden of providing

Section 00 22 10 – 5 detailed, current, accurate and complete past performance information rests with the Offeror.

6.5.1 RATING SYSTEM

Each submitted project will be assigned one of the levels of relevancy shown in Table 1.

Table 1. Past Performance Relevancy Rating Method

Adjectival Rating Definition Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this RFP requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this RFP requires.

Somewhat Relevant Present/past performance effort involved some of the scope and magnitude of effort and complexities this RFP requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this RFP requires.

In reviewing each past performance effort by the Offeror, the Technical Evaluation Board (TEB) will then evaluate the overall quality of the Offeror's past performance (see FAR 15.304(c)(2)) to determine the performance confidence assessment rating. The past performance evaluation conducted in support of a current source selection does not establish, create, or change the existing record and history of the Offeror's past performance on past contracts; rather, the past performance evaluation process gathers information from customers on how well the Offeror performed those past contracts.

The TEB will review all past performance information collected and determine the quality of the Offeror's performance, general trends, and usefulness of the information and incorporate these into the performance confidence assessment (see Table 2 below).

The past performance confidence assessment rating is based on the Offeror's overall record of recency, relevancy, and quality of performance. At the conclusion of the assessment, the Offeror shall be assigned one of the ratings in Table 2. In the case for which there is no information on past contract performance or where past contract performance information is not available, the Offeror will not be evaluated favorably or unfavorably on the factor of past contract performance.

In this case, the Offerors' past performance is unknown and assigned a performance confidence rating of "neutral".

Table 2. Performance Confidence Assessment

Adjectival Rating Description Substantial Confidence

Based on the offeror's recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory Confidence

Based on the offeror's recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Neutral Confidence No recent/relevant performance record is available or the offeror's performance report is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The offeror may not be evaluated favorably or unfavorably on the factor of past performance.

Section 00 22 10 – 6

Limited Confidence Based on the offeror's recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort.

No Confidence Based on the offeror's recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

7.0 VOLUME 1, TAB C – FACTOR 2 – ORGANIZATION / MANAGEMENT TEAM

7.1 SUBMISSION REQUIREMENTS

7.1.1 Submit an organizational chart on a page not to exceed 11”X 17”. Illustrate the following:

Provide an organizational chart that clearly identifies the management and construction teams to be utilized in executing task order under the contract. Arrange the chart by organizational levels and locations, depicting lines of authority. The chart should show the interrelationship between the contract management team and on-site project teams. Include the quality control group(s), of your firm as the prime contractor, your subcontractors, and the Designer of Record (DOR) for design build projects. For any teaming or joint venture arrangements include a clear diagram of each firm’s teams.

7.1.2 Submit a narrative that clearly but concisely describes the Offeror’s organization, capability and intended technical approach to project management and execution of the contract. Limit the information to 10 single sided pages. Documentation that exceeds 10 single sided pages will not be considered by the Government. Include the following:

Describe your resources in personnel, construction, plant (e.g. mobile batch plant, floating plant, etc.) and equipment. Offerors are not required to submit individual personnel resumes or qualifications; however, Offerors will be required to use qualified personnel, who meet all qualification requirements specified in the DIV 01 specifications, on a Task Order basis.

Describe the roles and responsibilities of the offeror and the designer for design build projects Describe the type of work your firm or (joint venture) would self-perform under this contract to be compliant with the requirements of FAR 52.236-1, Performance of Work by Contractor.

Describe your firm’s capability to support completing more than one project, in geographically separate and remote areas, concurrently. Provide any examples of your firm’s performance of such projects.

7.2 EVALUATION CRITERIA: The Government will review the proposal to ensure it meets the submission requirements.

Substantial ability to self-perform work required under this contract may be considered a strength.

Evidence of your firm’s ability to perform more than two concurrent projects, in geographically separate and remote areas, concurrently may be considered a strength.

7.2.1 PHASE 2 EVALUATION

The information provided in the Offeror’s proposal for this evaluation factor will be carried over for use in evaluating of the Offeror, if selected, during Phase 2 of the solicitation. In Phase 2 of this solicitation, Offerors will not be allowed to submit revisions to its original proposal for Factor 2 – Organization / Management Team. Any supplement information or revisions provided for this factor during Phase 2 will not be evaluated.

Section 00 22 10 – 7

7.3 RATING SYSTEM: The following ratings will be used with Factor 2.

Table 3. Organization / Management Team

Outstanding Proposal indicates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful performance is low.

Good Proposal indicates a thorough approach and understanding of the requirements and contains at least one strength, and risk of unsuccessful performance is low to moderate.

Acceptable Proposal meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate.

Marginal Proposal has not demonstrated an adequate approach and understanding of the requirements, and/or risk of unsuccessful performance is high.

Unacceptable Proposal does not meet requirements of the solicitation, and thus, contains one or more deficiencies, and/or risk of unsuccessful performance is unacceptable. Proposal is unawardable.

8.0 VOLUME 1, TAB D – FACTOR 3 – BONDING CAPACITY

8.1 SUBMISSION REQUIREMENTS

Submit a letter of commitment from your insurance company or surety, signed by an authorized agent of that firm that identifies your surety and bonding capacity. The minimum single contract/task order bonding capacity must be at least $100,000,000 single bonding and $250,000,000 aggregate.

The surety must appear on the Department of Treasury Circular 570 “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies.” If the Offeror submits evidence from an individual Surety, the individual surety must include documentation meeting the requirements of FAR 28.203 and contract clause 52.228-11. If the joint venture involves a construction firm and an A-E firm and the construction firm intends to provide the bond, provide a complete explanation with confirmation from the insurance company or surety. The Bonding Capacity letter has no page limitation.

8.2 EVALUATION CRITERIA: The Government will review the letter of commitment to ensure the submission requirements have been met. This submission requirement will be a Go/No Go evaluation. Submissions not satisfying the bonding capacity submission requirements will not be considered.

Offerors will not be eligible to be considered for Phase 2 if it does not receive a “GO” adjectival rating.

Table 4. Bonding Capability

Go Offeror provided a proper letter of commitment with a minimum single contract/task order bonding capacity of $100,000,000 single bonding and $250,000,000 aggregate.

No Go Offeror did not provide a proper letter of commitment with a minimum single contract/task order bonding capacity of $100,000,000 single bonding and $250,000,000 aggregate.

Section 00 22 10 – 8

ATTACHMENTS

Attachment 1 – Experience Information Attachment 2 – Past Performance Questionnaire

$495M Unrestricted Multiple Award Task Order Contract (MATOC) for Design‐Build and Design‐Bid‐Build Construction Services for the State of Hawaii

RFI # Reference Question Government Response

16 Section 00 22 10 – 3 6.4 Evaluation Criteria

Could the USACE consider contracts performed at a remote location other than Hawaii as strong experiences if Offeror successfully describes how a project performed at the location was similar to Hawaii in terms of accessibility, transportation and logistics for contractor personnel, materials, and equipment?

See revised Section 00 22 10, Paragraph 6.4, per Am-0003.

17 00 22 10 6.4 Evaluation Criteria, bullet point 2

Can Section 00 22 10, 6.4 Evaluation Criteria, bullet point 2, be amended to read, "New construction project with a construction value of $50,000,000 or more or repair or renovation of existing facilities with a construction value of $30,000,000 or more?" Contractors will be able to include a variety of both new and repair/renovation projects if the evaluation criteria is adjusted. If you are able to include a lower threshold for repair and renovation projects, can the section on Attachment 1 (Amendment 0001), page two be adjusted to include this change?

See response to RFI #15.

18 00 22 10 - 5 7.1 SUBMISSION REQUIREMENTS require offerors to describe resources in personnel, construction, plant and equipment. Please provide more detail, or define, plant resources.

See revised Section 00 22 10, Paragraph 7.1.2, per Am-0003.

19 Section 00 22 10, page 3, Part 6.3 requires projects have been performed by the Offeror. This paragraph further limits projects to the division or unit of the Offeror's firm submitting the offer. Will USACE allow the use of affiliate company projects if the affiliates are part of the same parent organization and share the same resources?

No.

20 Section 00 22 10, page 5, Part 7.1 of Amendment 0001 requires an 11"x17" organizational chart. Since the 1st bullet of Part 7.1 states that Offerors are not required to submit individual personnel resumes or qualifications and the RFP does not request any past projects or qualifications from a designer/architect, nor does the RFP allow past experience of qualifications of any exclusive subcontractor, it is unclear what USACE is expecting to see on the 11"x17" organization chart. Please provide additional instruction on the required contents of the organization chart.

See revised Section 00 22 10, Paragraph 7.1, per Am-0003.

21 Section 00 22 10, Attachment 1, Page 2 requests the Offeror to "describe extent of relevancy of the project by checking all applicable boxes below and provide any additional narrative to support relevancy assessment."

Amendment 1, Section 00 66 00, RFI Government Responses requires the Offeror to use the provided Attachment 1 form and does not allow modification of the form or the use of an additional page. Attachment 1 does not provide any space for the additional narrative to support relevancy assessment. Please provide clarification as to where the Offeror is to provide the additional narrative. Can the Offeror use an additional page or expand the Attachment 1 form to provide adequate space for this narrative?

See response to RFI #10.

Section 00 60 00, Attachment A (Am‐0003)

22 Amendment 02's updated Section 00 10 00 (Page 1) has a new Note #5 that begins: "Each Offeror must submit the following documents electronically in PDF format."

Within the instructions, can the government please confirm if "b. Proposal Schedule" is a requirement for Phase 1? This was previously a requirement for Phase 2 - Factor 3.

See revised Section 00 10 00, Note 5, per Am-0003.

23 00 01 10 We respectfully request a 3 week time extension after all "request pending" questions have been answered. This will provide the government a more technically compliant proposal.

See revised Standard Form 1442, Box 13, per Am-0003.

24 RFP Amendment #2 - pg.

5/12 Section 6.5

Can you confirm whether past project PPQs are acceptable to use for the performance assessment requirements?

In section 6.5 (Amendment 2, pg.5/12) one part reads: "Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs"

Later in the paragraph it reads:"Offerors may use previously completed PPQs and do not need to have one completed specifically for this project but must include it as a hardcopy."

If past PPQs are allowed can you confirm what is meant by "include it as a hardcopy?" Does this just mean to properly attach the electronic PPQ within the proposal?

Thank you for your time.

See revised Section 00 22 10, Paragraph 6.5, per Am-0003.

Past project PPQs are acceptable and must be included with the offeror's proposal.

25 RFP Amendment #2 - pg.

5/12 Section 6.5

Is a CCASS performance assessment considered an acceptable substitute for a CPARS performance assessment considering that it came from a federal client before the CPARS/CCASS/ACASS systems were merged? Please advise and thank you for your time.

Yes. See revised Section 00 22 10, Paragraph 6.5, per Am-0003.

26 RFP Amendment #2 - pg.

5/12 Section 6.5

Can letters of recommendation and/or award information be attached with project performance assessment information?

No.

27 Section 00 22 10 – 3 6.5 The last sentence of this paragraph states that "Offerors may use previously completed PPQs and do not need to have one completed specifically for this project but must include it as a hardcopy."

Additionally, the title of form (PPQ-0) (page 26/157) on this RFP is "USACE PAST PERFORMANCE QUESTIONNAIRE", which does not include NAVFAC.

Please confirm if the "previously completed PPQs" include

(1) PPQs prepared for other military organizations' projects (NAVFAC etc.)

and/or

(2) PPQs on the form "NAVFAC/USACE PAST PERFORMANCE QUESTIONNAIRE (Form PPQ-0)".

Confirmed. See revised Section 00 22 10, Paragraph 6.5, per Am-0003.

28 Several questions have been asked ($9666927, #9662482, #9662480, #9662479, #9647454, 9647440) and your response has been that the increasing or decreasing the size of response boxes constitutes modifications to the form. However, the current form as provided in Amendment 001 and then updated in Amendment 002 is 2 pages, but you are allowing 3 pages. How can we utilize all 3 pages allotted if we cannot modify the size of the boxes in the form? Please clarify how the Government would like us to proceed.

The Government is allowing an additional page of information in addition to the 2-page Section 00 22 10, Attachment 1.

29 The government does not specify the font size or type for body text, tables, graphics, or charts within the solicitation or questions answered within Amendment 001 or Amendment 002. However, the font utilized within the government-provided Factor 1 Project Template within Amendment 002 utilizes 10-point Times New Roman font. As such, we would like to suggest that the Government allow offerors to utilize a 10-point Times New Roman font for body text and as low as 8-point font (maintaining legibility) for tables, graphics, and charts in order to maximize use of the very limited allotted page count per section (10 pages for management and 3 pages per project). Please confirm.

See revised Section 00 22 10, Paragraph 3.2, per Am-0003.

30 The Government has allowed for an 11x17 page to be used for the Organizational Chart. We assume this is considered to be one page.

Please confirm.

Confirmed. See revised Section 00 22 10, Paragraph 3.5, per Am-0003.

31 The Government has specified that the organizational chart can be 11x17.

We would like to use 11x17 pages for other graphical elements within our Management section. We assume if we use an 11x17 page for other than the org chart it would be counted as 2 pages. Please confirm.

No. See revised Section 00 22 10, Paragraph 3.2, per Am-0003.

32 In order to provide the Government the most compliant proposal possible, and due to the competing solicitations that are being developed simultaneously with this proposal effort within the region, we would like to request a 3-week extension from the current due date to ensure adequate and sufficient time to develop our proposal response. Please confirm.

An extension is not being anticipated at this time.

33 We respectfully request an extension of the proposal submittal of at least 2 weeks to prepare a comprehensive proposal including our SB subcontractors.

See response to RFI #31.

34 In Amendment 0001, SF 1442, Page 1, 13A, we understand that the due date was pushed back to April 22, 2022. We kindly ask for an additional two weeks to prepare the phase one proposal.

See response to RFI #31.

Section 00 72 00 – 79

Within fourteen (14) calendar days after the date of contract award, the contractor to whom award is made shall furnish the Government with two bonds, namely, a Performance Bond (Standard Form 25) and a Payment Bond (Standard Form 25-A), each with good and sufficient surety or sureties acceptable to the Government.

Within ten (10) calendar days following award of a task order, the contractor shall furnish the Government a Consent of Surety and Increase of Penalty to increase the amount of their existing bond. The amount shall be 100% of the individual task order award price. Any bonds furnished will be furnished by the Contractor to the Government prior to issuance of a Notice to Proceed by the Government.

[End of Statement]

252.225-7968 RESTRICTION ON ACQUISITION OF PERSONAL PROTECTIVE EQUIPMENT AND

CERTAIN OTHER ITEMS FROM NON-ALLIED FOREIGN NATIONS (DEVIATION 2022-O0008) (MAR

2022)

(a) Definitions. As used in this clause—

Covered country means—

(1) The Democratic People’s Republic of North Korea;

(2) The People’s Republic of China;

(3) The Russian Federation; or

(4) The Islamic Republic of Iran.

Covered item means an article or item of—

(1) Personal protective equipment for use in preventing spread of disease, such as by exposure to infected individuals or contamination or infection by infectious material including—

(i) Nitrile and vinyl gloves;

(ii) Surgical masks;

(iii) Respirator masks and powered air purifying respirators and required filters;

(iv) Face shields and protective eyewear;

(v) Surgical and isolation gowns and head and foot coverings; or

(vi) Clothing; and

(vii) The materials and components thereof, other than sensors, electronics, or other items added to and not normally associated with such personal protective equipment or clothing; or

(2) Sanitizing and disinfecting wipes, testing swabs, gauze, and bandages.

(b) Restriction. Except as provided in paragraph (c) of this clause, the Contractor shall not deliver under this contract a covered item of personal protective equipment or other items, from a covered country, for use in preventing the spread of disease, such as by exposure to infected individuals, or contamination or infection by infectious material (10 U.S.C. 2533e, now 10 U.S.C. 4875).

(c) Subcontracts. The Contractor shall insert this clause, including this paragraph (c), without alteration other than to identify the appropriate parties, in subcontracts that are for the acquisition of personal protective equipment and covered items, including subcontracts for commercial products and commercial services including COTS items.

(End of clause)

Section 00 72 00 – 80

UAI 5152.236-9011 DESIGN-BUILD CONSTRUCTION CONTRACTS (MAR 2019)

(a) Design-Build Contract Order of Precedence. The contract includes the standard contract clauses and schedules current at the time of contract award. It entails (1) the Solicitation in its entirety, including all drawings, cuts, and illustrations, and any amendments, and (2) the successful offeror’s accepted proposal. The contract constitutes and defines the entire agreement between the Contractor and the Government. No documentation shall be omitted which in any way bears upon the terms of that agreement.

(1) In the event of conflict or inconsistency between any portion of this contract, precedence shall be given in the following order:

i. Betterments: Any portions of the accepted proposal which both conform to and exceed the requirements of the Solicitation.

ii. The requirements of the Solicitation. (See also FAR 52.236-21, Specifications and Drawings for Construction)

iii. All other elements of the accepted proposal.

iv. Any design products including, but not limited to, plans, specifications, engineering studies and analyses, shop drawings, equipment installation drawings, etc. These are "deliverables" under the contract and are not part of the contract itself. Design products must conform to all provisions of the contract, in the order of precedence herein.

(b) Personnel, subcontractors, and outside associates or consultants. In connection with this contract, any in-house personnel, subcontractors, and outside associates or consultants will be limited to individuals or firms that were specifically identified in the Contractor's accepted proposal. The Contractor shall obtain the Contracting Officer's written consent before making any substitution for these designated in-house personnel, subcontractors, associates, or consultants. If the Contractor proposes a substitution, it shall submit the same type of information that was submitted in the accepted proposal to the Contracting Officer for evaluation and approval. The level of qualifications and experience submitted in the accepted proposal or that required by the Solicitation, whichever is greater, is the minimum standard for any substitution.

(c) Responsibility of the Contractor for Design. The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other non-construction services furnished by the Contractor under this contract. The Contractor shall, without additional compensation, correct or revise any errors or deficiency in its designs, drawings, specifications, and other non-construction services and perform any necessary rework or modifications, including any damage to real or personal property, resulting from the design error or omission.

(1) The standard of care for all design services performed under this agreement shall be the care and skill ordinarily used by members of the architectural or engineering professions practicing under similar conditions at the same time and locality. Notwithstanding the above, in the event that the contract specifies that portions of the Work be performed in accordance with a performance standard, the design services shall be performed so as to achieve such standards.

(2) Neither the Government's review, approval or acceptance of, nor payment for, the services required under this contract, shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract. The Contractor shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by the Contractor's negligent performance of any of these services furnished under this contract.

(3) The rights and remedies of the Government provided for under this contract are in addition to any other rights and remedies provided by law.

(4) If the Contractor is comprised of more than one legal entity, each entity shall be jointly and severally liable hereunder.

Section 00 72 00 – 81

(d) Contractor's Role during the Design Process. The Contractor's construction management key personnel shall be actively involved during the design process to effectively integrate the design and construction requirements of this contract. In addition to the typical required construction activities, the Contractor's involvement includes, but is not limited to actions such as: integrating the design schedule into the Master Schedule to maximize the effectiveness of fast-tracking design and construction (within the limits allowed in the contract), ensuring constructability and economy of the design, integrating the shop drawing and installation drawing process into the design, executing the material and equipment acquisition programs to meet critical schedules, effectively interfacing the design and construction quality control (QC) management programs with the design QC program, and maintaining and providing the design team with accurate, up-to-date redline and as-built documentation for eventual submission as Record Drawings.. The Contractor shall require and manage the active involvement of key trade subcontractors in the above activities.

(e) Deviating from the Accepted Design. The Contractor must obtain the approval of the Designer of Record and the Government's concurrence, in the form of supplemental agreement to the contract, for any Contractor-proposed revision to the professionally stamped-and-sealed and Government-reviewed final design that has been released for Construction before proceeding with the revision. The Government reserves the right to disapprove such a revision.

(1) The Government reserves the right to non-concur with any revision to the final design that has been released for construction, including those which may impact furniture, furnishings, equipment selections or operations decisions that were made, based on the reviewed design.

(2) Any Contractor-proposed revision to the design which deviates from the contract requirements (i.e., the Request for Proposal (RFP) and the accepted proposal), will require a bilateral modification (e.g. supplemental agreement) to the contract before any work commences.

(3) Unless the Government initiates a change to the contract requirements, or the Government determines that the Government furnished design criteria are incorrect and must be revised, any Contractor initiated proposed change to the contract requirements, which results in additional cost, shall strictly be at the Contractor's expense.

(4) The Contractor shall track all approved revisions to the reviewed and accepted design and shall incorporate them into the as-built design documentation, in accordance with agreed procedures. The Designer of Record shall document its professional concurrence on the as-builts for any revisions in the stamped and sealed drawings and specifications.

(f) Value Engineering after Award. In reference to Federal Acquisition Regulation (FAR) 52.248-3, Value Engineering - Construction, the Government may refuse to entertain a "Value Engineering Change Proposal" (VECP) for those "performance oriented" aspects of the Solicitation documents which were addressed in the Contractor's accepted contract proposal and which were evaluated in competition with other offerors for award of this contract.

(1) The Government may consider a VECP for those "prescriptive" aspects of the Solicitation documents, not addressed in the Contractor's accepted contract proposal or addressed but evaluated only for minimum conformance with the Solicitation requirements.

(2) For purposes of this clause, the term "performance oriented" refers to those aspects of the design criteria or other contract requirements, which allow the offeror or Contractor certain latitude, choice of and flexibility to propose in its accepted proposal a choice of design, technical approach, design solution, construction approach or other approach to fulfill the contract requirements. Such requirements generally tend to be expressed in terms of functions to be performed, performance required or essential physical characteristics, without dictating a specific process or specific design solution for achieving the desired result.

(3) In contrast, for purposes of this clause, the term "prescriptive" refers to those aspects of the design criteria or other Solicitation requirements wherein the Government expressed the design solution or other requirements in terms of specific material, approaches, systems, and/or processes to be used. Prescriptive aspects typically allow the offerors little or no freedom in the choice of design approach, materials, fabrication techniques, methods of installation, or any other approach to fulfill the contract requirements.

Section 00 72 00 – 82

(g) Warranty of Design. The Contractor warrants that the design shall be performed in accordance with the contract requirements. Design and design related construction not conforming to the Contract requirements shall be corrected at no additional cost to the Government. The standard of care for design is defined in paragraph c of this clause, Responsibility of the Contractor for Design.

(1) The period of this warranty shall commence upon final completion and the Government's acceptance of the work, or in the case of the Government's beneficial occupancy of all or part…