W912DR-12-R-0007 Amd 1.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 answ er Requests for Information.

All other terms and conditions remain the same.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 8

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

16C. DATE SIGNED

BY 21-May-2012

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 W912DR-12-R-0007

X 9B. DATED (SEE ITEM 11)

01-May-2012

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 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

21-May-2012

CODE

USACE, BALTIMORE

10 S. HOWARD STREET

BALTIMORE MD 21201

W912DR 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912DR-12-R-0007

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00100 - BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

The following have been added by full text:

RFI ANSWERS AMD 1

Q: On page 8 of 64, the paragraph titled "Tab E" under "Binder 2 Ownership Disclosure" requests submission of a completed Security Questionnaire. This is believed to refer to the PDF form titled "Ownership_Disclosure_Form_-_Mar_2012" that was posted with the solicitation. On Page 1 of that form, question 1 indicates that if the offeror holds an active DoD Facility Security Clearance, "the remainder of this provision shall not be applicable to the offeror". We have interpreted this to mean that offerors with valid DoD Facility Security Clearance (as demonstrated through the CAGE code) are not required to complete the remainder of the questionnaire (questions 2-10). Can you confirm that interpretation is correct?

A: Correct

Q: On page 8 of 64, the paragraph titled "Tab E" under "Binder 2 Ownership Disclosure" requests submission of a completed Security Questionnaire. This is believed to refer to the PDF form titled "Ownership_Disclosure_Form_-_Mar_2012" that was posted with the solicitation. On Page 1 of that form, question 2 asks if the offeror has previously submitted a completed Statement of Affiliation to the NSA/CSS within the past calendar year. Is a completed SF328 - Certificate Pertaining to Foreign Interests considered to be a Statement of Affiliation, as it contains substantially the same information?

A: As long as nothing has changed regarding ownership as indicated on the SF328, and the SF328 has been submitted within the past year, it can be used in lieu of the statement of affiliation. As the SF328’s expire a statement of affiliation will have to be completed for future contracts.

Q: On page 7 of 64 TAB C - The RFP states "The bonding requirements should be based on the current (at time of release of solicitation) incremental funding information, which is as follows:" For clarification, does this mean the Contractor must provide a Bond Surety Letter in the amount of $240M or in the total amount of $620M?

A: $620M

Q: On page 8 of 64 TAB E - The RFP states "Offerors shall be required to submit a completed Security Questionnaire pertaining to foreign interest, for the prime contractor (to include all parties in a joint venture), the Architect-Engineer and all major subcontractors proposed in Phase 1 (Note: if additional subcontractors/team members are added in Phase 2, the Security Questionnaires shall be submitted and approved prior to release of Phase 2 documentation to added subcontractors/team members). For clarification, The RFP references attachment A "Certificate Pertaining to Foreign Interests" which is a SF328. The attachment included in the RFP is titled "Statement of Affiliation" which is not the SF328 as referenced on page 16 of 64. Which form are we to use to satisfy this requirement?

A: The “Statement of Affiliation.” SF328s are not to be used in this solicitation.

Q: On page 12 of 64 paragraph 5.2.1, the RFP states "The personnel must include at a minimum the Overall Single Corporate Program Manager, Overall Onsite Project Manager, Project Architect, Mechanical Engineer, Electrical Engineer, Fire Protection Engineer, Designer of Record Design Manager, Construction Project Manager, full-time on-site Safety Manager and full time on-site Quality Control Manager. " then further down the page, the RFP states "The Offeror must submit the names and qualifications of key project personnel to include the project manager, onsite superintendent, lead scheduler, quality control and safety manager. " Question: Are all the named positions in this section considered key personnel and require resumes?

A: Yes.

Q: With regard to the Statement of Affiliation form, if the firm responds to Question #1 with “Yes” and provides its CAGE number, does the firm need to sign the form on the last page?

A: Yes, it still needs to be signed.

Q: Paragraph 5.s FACTOR 3: Architect – Engineer (Designer Of Record): 2nd Paragraph. Similar projects must demonstrate all of the following project types (either individually or in combination thereof): Projects that were design-build in excess $100,000,000; projects that included constructing buildings containing…… Question: What is the minimum volume cap for Design Only projects? Should we also assume $100,000,000?

A: There is no minimum as long as you can demonstrate all of the types of projects included in the factor.

Q: SF 1442 page 1, The 1442 states that an Offer Guarantee is not required. Question - We assume this is not correct as we are being asked to provide a Bond Surety Letter on page 7 of 64 TAB C, correct?

A: The Bond Surety Letter is required in Phase 1. The Offer Guarantee (Bid Bond) is required in Phase 2.

Q: For Factor 3, A/E Past Performance is required to use Attachment B. This attachment focuses on General Contractor issues and information. Request that the Lost Time Accident and the Subcontractor Costs sections be omitted for the A/E experience descriptions.

A: For Factor 3, Lost Time Accidents are not required. Subcontractor costs can be provided if relevant.

Q: On page 8 of 64, the paragraph titled "Tab E" under "Binder 2 Ownership Disclosure" requests submission of a completed Security Questionnaire. This is believed to refer to the PDF form titled "Ownership Disclosure Form-Mar 2012" that was posted with the solicitation. Question 9iii) on this form requests submission of a Statement of Full Disclosure of Foreign Affiliations for certain individuals. Please provide this form. It does not appear to have been posted with the solicitation documents.

A: There is no Statement of Full Disclosure of Foreign Affiliations form. Please provide the information in 9i and 9ii to form the response for 9iii.

Q: On page 1 (SF 1442) the RFP states that the contractor shall complete the project 827 calendar days after Notice to Proceed. On page 3 of 64, the RFP states under CLIN 00001 that the delivery date is 827 days ADC.

We interrupt ADC to mean After Design Completion. Is this correct? If so, which period is correct, 827 days after NTP or 827 ADC?

A: No. The period of performance is 827 after the issuance of the Notice to Proceed (NTP). Our contracting software does not have “NTP” available to choose from and ADC means “After Date of Contract.” In this case, we need to accept the bonds, so NTP is the correct verbiage.

Q: Page 8 of 64, TAB E: Ownership Disclosure: mentions a "Security Questionnaire". Page 17 of 64, Attachment A, says "Certificate Pertaining to Foreign Interest". Are SF328 forms supposed to be submitted for this tab?

A: No. The SF328s are not being utilized for this solicitation. Please use the “"Ownership Disclosure Form – Mar 2012" that was posted with the solicitation.

Q: There is a "Statement of Affiliation" attached to the RFP. Is this to be included with the offer and if so, where? Who is required to submit this form - Prime contractor, architect-engineer and all subcontractors?

A: Offerors shall be required to submit a completed Security Questionnaire pertaining to foreign interest, for the prime contractor (to include all parties in a joint venture), the Architect-Engineer and all major subcontractors proposed in Phase 1 (Note: if additional subcontractors/team members are added in Phase 2, the Security Questionnaires shall be submitted and approved prior to release of Phase 2 documentation to added subcontractors/team members).

Q: Page 5 of 64, item 3.3 suggests a page count between 100 and 200 pages. In numbering our pages, we do not intend to include teaming agreements or PPQs in the page count, rather only original material. Is this acceptable?

A: Yes.

Q: The SF 1442 has Item 8 filled out with where we should address the offer to. Section 2.5 on Page 5 of 64 states, "Offerors shall submit their proposal to the address shown in Block 7 of the 1442." Which address we should deliver our proposal to: Block 7 or Block 8? Are any security requirements to get to the drop off address?

A: Proposals should be delivered to the City Crescent Building on 10 South Howard Street, 7th Floor, Contracting Division (left off of the elevator). To enter the building you need to present a photo ID, proceed through the metal detector and have anything that you are carrying go through a scanner.

Q: On Page 8 of 64 in reference to Tab D Certificate of Corporate Authority, the solicitation states, "This Certificate shall be submitted as part of the proposal or signed contract if the Offeror is a corporation." In the event the Offeror is a Joint Venture, what does the Joint Venture need to provide in this tab? Special Contract Requirement "Evidence of Authority to Sign Bids/Proposals" does not address Joint Ventures.

A: The Government is looking for the identity of the person(s) who is authorized to sign contractual documents on behalf of the offeror. This information should be provided under this tab.

Q: On Page 13 of 64 in reference to Factor 3: Architect-Engineer (Designer of Record), the Solicitation states that all projects must be submitted by the Designer of Record. In the event that an Offeror is proposing a Designer of Record for Architecture and a separate Designer of Record for the Engineering, is the Offeror allowed to show projects for both Designers of Record?

A: Yes proposal can include a Designer of Record for Architecture and for Engineering. However, the proposal shall include the lead Designer of Record and how the design will be managed with multiple Designers.

Q: On Page 13 of 64 in reference to Factor 3: Architect-Engineer (Designer of Record), the Solicitation states that the required information for relevant projects is identified on "Contractor's Past Experience" (Attachment B). This attachment includes items that would not apply to an Architect-Engineer in either a Design-Build or Design Only project for example: Lost Time Accidents or Beneficial Occupancy Date (N/A on Design Only Projects). How should the Designer address these items?

A: These items can be filled in with “NA.”

Q: On Page 10 of 64 in reference to Factor 3: Architect-Engineer (Designer of Record), the Solicitation states that the required information for relevant projects is identified on "Contractor's Past Experience" (Attachment B). This attachment requires information titled, "Original Subcontractor Cost" and "Final Subcontractor Cost". Is the Government looking for the Designer's Fee or do these boxes not apply?

A: We are looking for the Designer’s Fee. If they were the prime contractor on the submitted project, fill in the prime contractor cost information. If they were a subcontractor, fill out the subcontractor cost.

Q: On Page 10 of 64 in reference to Factor 1: Past Performance on Relevant Projects, the Solicitation states that the required information for relevant projects is identified on "Contractor's Past Experience" (Attachment B). This attachment requires information titled, "Original Subcontractor Cost" and "Final Subcontractor Cost". When the template is being filled out for a project where the contractor was the Prime Contractor, should these boxes not apply?

A: Correct. They would not apply.

Q: Will the Government consider providing the Phase 2 Submission Requirements prior to the due date of Phase 1? This information is helpful in preparing our Phase 1 response.

A: No.

Q: For the Phase 2 submission, what level of Bridging Design Documents will be made available to the successful Phase 1 Offerors?

A: The Phase 2 Request for Proposal will include criteria for the design/construction of 60 mW High Performing Computing Center with associated project features.

Q: Please confirm that the incremental funding described on page 7 of the solicitation includes the design and construction of the 160MVA substation?

A: Yes.

Q: The SF 1442 (Block 8) instructs Contractors to address their offers to the RSFO field office at 300 Sentinel Drive, Suite 400, Annapolis Junction, MD 20701. Section 2.5 on Page 5 of 64 instructs Offerors to submit their proposals to the address shown in Block 7 of the SF 1442. The address in Block 7 is USACE's Baltimore District Office - 10 S. Howard Street, Baltimore, MD 21201. Please provide clarification as to which address proposals should be addressed and delivered to.

A: City Crescent Building, 10 S. Howard Street, 7th Floor, Baltimore, MD 20201.

Q: To ensure the timely return of the Attachment C Past Performance Questionnaires, taking into account the upcoming holiday weekend, we respectfully request an extension of the proposal due date.

A: No extension will be granted. Due date remains 31 May 2012 at 11 a.m. with delivery to the City Crescent Building, 10 S. Howard Street, 7th Floor, Baltimore, MD 20201.

Q: On page 5 of 64 the RFP states that the page count should be approximately 100 pages but no more than 200 pages total. Question - Do Teaming agreements and PPQ's count towards this page count?

A: The page counts listed are what the Government believes should be sufficient but there is no page count limit.

Q: Page 13 of 64 Factor 3. Question - Please confirm that Past Performance Questioners are not required for the Architect - Engineer (Designer of Record)?

A: Confirmed. PPQs are not required for AEs.

Q: Section 00100, Description of Project (page 4) – We request the Government provide preliminary program information such as the number and square footage of structures, and overall site layout, as it will provide the Offerors with the additional information necessary to properly respond to Factor 2 Technical Approach.

A: This information is not being provided with Phase 1.

Q: Section 00100, 3.7, Tab C, (page 7) – Incremental funding stream upon award is indicated to be $240M on 30 Nov 2012. Two questions: (1) Is 30 Nov 2012 the planned award date? (2) Is there a planned NTP date?

A: (1) Yes. (2) NTP is issued immediately upon the acceptance of the bonds. Bonds are required no later than ten days from award. Assuming acceptable bonds NTP should be issued no later than eleven days after award.

Q: Section 00100, 3.7, Tab D, Certificate of Corporate Principal/Authority (pages 7 & 8) – How should the offeror respond if they are not a corporation? Does an authority document need to be submitted in place of a Certificate of Authority for Offerors that are not a corporation?

A: A: The Government is looking for the identity of the person(s) who is authorized to sign contractual documents on behalf of the offeror. An authority documents is acceptable. This information should be provided under this tab.

Q: Section 00100, 3.7, Binder 2, Tab E (page 8) requires Offerors to submit a completed Security Questionnaire. Please confirm that the Statement of Affiliation issued with the RFP serves as the Security Questionnaire.

A: Confirmed.

Q: Statement of Affiliation, Question 1 - Please clarify the statement "the remainder of this provision shall not be applicable to the offeror." We interpret this statement to mean that an entity holding an active DoD Facility Security Clearance, answering Yes to Question 1 and providing their CAGE Code does not have to provide any additional information requested on the form other than a signature. Please confirm.

A: Confirmed.

Q: Section 00100, 5.1, Factor 1: Past Performance of Relevant Projects - We request the requirement that "approximately 75% of the major construction milestones must be completed..." be changed to “50% of the construction progress must be completed…” to be consistent with previous solicitations (UDC) and enable the most recent and relevant projects to be considered in the evaluation of each Offeror's experience, and to establish a more definitive way to measure completion percentage as milestones can be interpreted differently from project to project.

A: The factor will remain as originally written.

Q: Section 00100, 5.1, Factor 1: Past Performance of Relevant Projects - Please confirm that the $250,000,000 for design-build and $350,000,000 are not minimum thresholds for any project to be submitted in Factor 1 but that Offerors must submit at least one project that meets these minimum thresholds. For example, a single $400,000,000 design-build project would satisfy both requirements.

A: Confirmed that those thresholds are not minimums required for every project. Offerors must submit at least one project that exceeds the minimum threshold. One project can satisfy multiple requirements as posed by your example.

Q: Section 00100, 5.1, Factor 1: Past Performance of Relevant Projects: Paragraph 5 of this section refers to the submission of past performance evaluations on "Design-Build" projects. Does this statement intend that only design-build projects are to be submitted for Factor 3 or that past performance evaluations are to be submitted only for design-build projects?

A: No. Any type of relevant projects may be submitted.

Q: Section 00100, 5.2.1, Project Team Organization – Please clarify the extent of “key subcontractors” that we need to include in our organization chart. We assume “key subcontractors” is referring to electrical and mechanical subcontractors only.

A: The key subcontractors that should be listed are a business decision and would be fully related to how an offeror is setting up their team.

Q: Section 00100, 5.2.1, Project Team Organization – Please clarify the extent of “testing firms” that we need to include in our organization chart. We assume “testing firms” is referring to an Independent Testing & Inspection Agency for testing of soils, concrete and steel. Two questions: (1) Are there any other "testing firms" that we need to show other than the Independent Testing & Inspection Agency?, and (2) Please confirm that we do not need to name the Testing Firms?

A: (1) No. (2) Confirmed. You do not need to name the testing firms.

Q: Section 00100, 5.2.1, Project Team Organization – This section requests an organization chart that shows the relationship of each entity, and furthers states that at a minimum that we need to show the relationship of "quality control" entities to the Offeror. The way the question is worded could be interpreted as if we need to have a third-party Quality Control Firm as part of our project team. Quality control is often performed by personnel directly employed by the Offeror. Please confirm that a third-party Quality Control Firm is not required to be shown on the organization chart.

A: Confirmed. A Third Party Quality Control Firm is not required to be shown on the organizational chart.

Q: Section 00100, 5.2.1, Project Team Organization – This section requests an organization chart that shows the relationship of each entity, and furthers states that at a minimum that we need to show the relationship of "commissioning agent personnel" entities to the Offeror. Please confirm that we do not need to name the Commissioning Agent.

A: Confirmed. You do not need to name the Commissioning Agent in Phase 1.

Q: Section 00100, 5.2.1, Project Team Organization - In the first paragraph we are required to identify the "Overall On-site Project Manager". In the fifth paragraph we are required to identify the "project manager". Is this the same position/person, or is it two different positions/persons?

A: It can be the same person as long as it is an on-site full-time position.

Q: Section 00100, 5.2.1, Project Team Organization - Please confirm that the "Overall Single Corporate Program Manager" is not an on-site fulltime position. Our understanding is that this position is intended to be for a corporate level executive who is responsible for the project.

A: It does not have to be an on-site fulltime position.

Q: Section 00100, 5.3, Factor 3: Architect-Engineer - The requirement for ongoing projects to be 100% design complete and 75% construction complete is in conflict with the design only projects which are only required to be 100% design complete. As the RFP currently reads, an Architect-Engineer is unable to use a project that is 100% of design complete but less than 75% construction complete. This provision penalizes a design firm for successfully completing design on a project that moves forward with construction, a variable that is often totally beyond the designer's control. We request the construction completion requirement be removed so any project that is 100% design complete can be submitted for evaluation.

A: The factor will remain as originally written.

Q: Section 00100, 5.3, Factor 3: Architect-Engineer - Please confirm that the Architect-Engineer/Designer of Record for each Offeror must submit at least one design-build project in excess of $100,000,000 as a minimum requirement.

A: Confirmed.

Q: Section 00100, 5.3, Factor 3: Architect-Engineer - Please clarify the completion requirement for design projects. Does the "completed within seven years" apply to the completion of the design or completion of construction?

A: Design.

Q: Section 00100, 5.3, Factor 3: Architect-Engineer - Please confirm that past performance evaluations (Attachment C) are not required for the Architect-Engineer.

A: A: Confirmed. PPQs are not required for AEs.

Q: Section 00100, Attachment B - Please clarify the intent of the "Original Subcontractor Cost" and "Final Subcontractor Cost" items. We assume these items are not applicable for Prime Contractors but should be completed for teamed subcontractor projects, if any.

A: Correct.

Q: Section 00600, Representations & Certifications - Do the Reps and Certs need to be included in the Phase 1 response? If so, which Tab?

A: Yes, please include a copy of either your Reps and Certs or your ORCA information. This should be submitted in Binder 1 Tab A behind the SF1442.

Q: The DD Form 1391 issued in February 2012 indicates 1st Data Center Module Complete in June 2014.

There is no mention of this milestone in the Phase 1 solicitation. Two questions: (1) Is 1st Data Center Module Complete a contractual milestone?, and (2) It appears the schedule from the DD Form 1391 has slipped 2 months based on the date that the Phase 1 solicitation was issued. Is the new date for completion of the 1st Data Center Module August 2014?

A: Contractual requirements are included in the solicitation.

(End of Summary of Changes)