AMD02.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES

1 2

2. AMENDMENT/MODIFICATION NO.:

3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO.

PROJECT NO. (If applicable)

0002 JUN 25, 2014

6. ISSUED BY

USACE, BALTIMORE

10 SOUTH HOWARD STREET,

ROOM 7000

BALTIMORE MD 21201

CODE W912DR ADMINISTERED BY:

See Block 6

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (x) 9A. AMENDMENT OF SOLICITATION NO.

X

W912DR-14-R-0003

9B. DATED (SEE ITEM 11)

10 JUN 2014

10A. MODIFICATION OF CONTRACT/

ORDER NO.

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers __ is extended __X__ is not extended. RECEIPT OF PHASE 1 TECHNICAL PROPOSAL: 11:00 AM, LOCAL TIME 02 JUL 2014 Offers 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. 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 FAR43.103(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.)

MULTIPLE AWARD TASK ORDER CONTRACT (MATOC) DESIGN BUILD AND DESIGN-BID-BUILD IN

SUPPORT OF US ARMY CORPS OF ENGINEERS (USACE) BALTIMORE DISTRICT (NAB)

SEE THE FOLLOWING PAGE

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

BY ________________________________

(signature of person authorized to sign)

BY _________________________________________

(Signature of Contracting Officer)

NSN 7540-01-152-8070

PREVIOUS EDITION UNUSABLE

30-105 STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

PAGE 2 OF 2 PAGES

AMENDMENT NO. 0002 TO RFP W912DR-14-R-0003

EFFECTIVE JUN 25, 2014

SOLICITATION:

1) Standard Form 1442, Block 13A: Change “2 copies” to “4 copies.”

GENERAL:

2) REQUESTS FOR INFORMATION AND GOVERNMENT RESPONSES: Attached are Requests for Information and Government Responses for information only.

ATTACHMENT: A/S.

SB MATOC REQUESTS FOR INFORMATION AND GOVERNMENT RESPONSES

1. Based upon positive GAO decisions, will you consider allowing the use of affiliated companies past performance if the offeror provides a meaningful commitment letter that the affiliate will participate in the performance of the contract?

Yes, please see revised Section 00100 in amendment 0001

2. Is the “Certificate of Corporate Authority” (page 35 of 69 of the solicitation) required to be submitted with Phase 1?

The "Certificate of Corporate Authority" is not requred to be submitted with Phase 1. It will be required from those down selected to phase 2.

3. Are the SF1442 and SF30 required to be submitted with Phase 1?

Yes

4. Is Section 00600 – Representation & Certification required to be submitted with Phase 1?

Yes

5. Is the “Disclosure of Lobbying Activities” form (Attachment D) required to be submitted with Phase 1?

The “Disclosure of Lobbying Activities” form is not requred to be submitted with Phase 1. It will be required from those down selected to phase 2.

6. Is the “Direct Deposit Authorization Form” (Attachment C) required to be submitted with Phase 1?

The “Direct Deposit Authorization Form” is not requred to be submitted with Phase 1. It will be required from those down selected to phase 2.

7. Amendment 1, Section 1.4.1 states “The data appearing in Factor 2 behind the tabs relating to the past performance evaluations and awards (2.1.1), are not counted in the overall page limitation.” Should this reference be to Factor 1 – Past Performance (not Factor 2 – Management Approach)?

Correct, this reference applies to Factor 1.

8. The proposal is due 7/2/14 at 11 AM EST. Delivery companies (e.g., FedEx) offer overnight service with an estimated delivery time by 8 AM or by 10:30 AM. To make the 8:30 AM delivery, attempts are typically made too early and the building is not open. If the 10:30 AM attempt is missed, the bidders run the risk of missing the 11 AM delivery. Please consider changing the due time of the proposal to a later time.

All factors were considered prior to determining the proposal deadline prior to posting the solicitation.

The proposal time will remain the same.

9. Can we create a tab that will encompass all Teaming Information that you require?

Yes. This tab must be prior to Factor 1.

10. Can we create a new tab before the Teaming Information to include all “Proposal Documentation” such as the SF1442, Price Schedule, and Reps and Certs?

The current solicitation is Phase I and only requires a technical proposal. The documents in question will be required from those down selected to Phase II.

11. Can we put the “Informational Text, Certificate of Corporate Authority” form on page 35 of the RFP in the newly created “Proposal Documentation” tab? If no, then where should we include this form?

The current solicitation is Phase I and only requires a technical proposal. The documents in question will

12. Do we have to include “Attachment C, Direct Deposit Authorization” form at this time? If so, then where should we include this form?

The current solicitation is Phase I and only requires a technical proposal. The documents in question will

13. Do we have to include “Attachment D, Disclosure of Lobbying Activities” form at this time? If so, then were should we include this form?

The “Disclosure of Lobbying Activities” form is not requred to be submitted with Phase 1. It will be

14. For the number of copies, on page 5 of the RFP it mentions in 1.3.a that you want “(original and four copies)” but on the SF1442 it says “original and (2) copies” Which is correct?

1.3a is correct. The requirement for the technical proposal is an original and four copies.

15. On page 8 of the RFP, it mentions that if the “Offeror is a joint venture or mentor/protégé, at least two of the projects submitted within this factor MUST be experience representing the small business/protégé”.

The words “Prime Offeror” have been added to the end of the sentence in Amendment 1. I am unclear what the addition of “Prime Offeror” means. It seems to us that the addition of the words “Prime Offeror” indicates that experience is required from the Prime Offeror (in the case of a JV – the JV entity itself being the Prime Offeror. Is this assumption correct?

At least two (2) projects must be submitted from the Small Business entity regardless of the teaming arrangement.

16. As we are applying as a M/P JV, would experience completed by the JV where the “protégé” member of the JV was involved in the project count towards the above needed experience. As the “protégé” member is learning from the “mentoring” member, they have limited solitary experience. Since the point of the M/P JV is to allow the “protégé” member to gain experience, we kindly request that experience completed by the JV count toward the requirement of (2) projects showing the protégé’s experience.

At least two (2) projects must be submitted from the Small Business entity regardless of the teaming arrangement. These projects must demonstrate the specific work performed by the Small Business.

17. In addition, since you are allowing adjustment for escalation in the minimum completion value of $750,000, we would like to request the minimum completion value for the (2) projects for the “protégé” or JV Prime Offeror be lowered from $500,000 to $300,000.

Escalation from project completion to 2014 is allowed for the Small Business requirement of $500,000. All escalation values are to be labeled as escalated and the Offeror must explain in detail their escalation rationale, which must include any formulas, calculations, assumptions, etc.

18. Ref: Section 1.6. Volume 1-Minimal Submission Criteria Bullet Point #4: "In the case of Offerors that are large, multi-function firms (consisting of subsidiaries), experience must only be submitted by the segment of the firm (e.g., division, group, and unit) that is submitting a proposal in response to this solicitation.

Question: This statement seems to contradict the fact that this is a small business set aside. Reference the SBA "Small Business Compliance Guide Size and Affiliation" Dated March 2014. Subsidiaries, divisions, groups, and units would all be part of the "Large" business and be considered affiliated therefore would take on the business status of the whole organization. Please clarify.

This requirement is in reference to subsidiaries that are considered under the umbrella of larger corporations/companies that are responding to this solicitation. The subsidiary must meet the small business standard as determined by the SBA guidelines. All experience must come from the responding small business/subsidiary.

19. Amendment 1, Ref: Section 1.6. Volume 1-Minimal Submission Criteria Bullet Point #5: "In the case of affiliates, Past Performance of an Offeror's "affiliate," as that term is defined in FAR 2.101, will be evaluated (as described within this section) if the Offeror demonstrates a firm commitment that the affiliate will participate meaningfully in the performance of the contract. This commitment and meaningful participation shall be described in a document signed by authorized representatives of both the Offeror and its affiliate." Question: This statement seems to contradict the fact that this is a small business set aside.

Reference the SBA "Small Business Compliance Guide Size and Affiliation" Dated March 2014. Affiliates are part of the larger business organization and therefore would take on the business status of the whole organization. Please clarify.

This solicitation will allow the experience of affiliates; however, each offeror must meet the small business size standard as determined by SBA guidelines which can take into consideration domestic and foreign affiliates.

20. 1. Do any of the following count towards the page limit?

a) SF 1442 and Amendments

b) Price Schedule

c) Representations and Certifications

d) Certificate of Corporate Authority

e) Direct Deposit Authorization Form

f) Disclosure of Lobbying Activities

The current solicitation is Phase I and only requires a technical proposal. The documents in question will

21. I just want to clarify that the Price Schedule should be included but should be left blank

No price info in phase 1

22. For the PPQs, can we use a recently completed NAFVAC PPQ for a project instead of asking our client to fill out a new PPQ. The NAFVAC PPQ has all the same questions as the PPQ that was provided in this Solicitation.

Previously completed PPQs can be submitted for this solicitation; however, there should be no references to the previous solicitation on the submission for this solicitation.

23. The cover page of the solicitation states that offers are to be submitted in duplicate and that bidders are to submit a Standard Form (SF) 1442, Price Schedule, and Representations and Certifications. Please clarify the following:

a. Block 13 of the SF 1442, item A requests sealed offers in original + 2 copies, which is three total, not the duplicate (2) indicated on the cover page of the solicitation. Amendment 0001, Section 00100, paragraph

1.3.a requests an original and four copies, which would be five total. How many total copies are to be submitted: two, three, or five?

b. Amendment 0001, Section 00100, paragraph 1.3.b asks for an electronic copy of the "technical proposals in .pdf format on a compact disc(s)." How many electronic copies are required: one, two, three, or five?

c. Amendment 0001, Section 00100, paragraph 1.1 states that only Phase 1 should be submitted initially and that Phase 2 will be requested from selected offerors. Phase 2 includes the pricing volume. The pricing volume typically includes the SF 1442, Price Schedule, and Representations and Certifications, which are requested with each offer on the title page of the solicitation. Are the SF 1442, Price Schedule, and Representations and Certifications to be submitted with Step 1 or Step 2, and as part of which of the 8 factors are they to be submitted?

1.3a is correct. The requirement for the techincal proposal is an original and four copies. - 1.3b, only one copy is required. - The current solicitation is Phase I and only requires a technical proposal. The documents in question will be required from those down selected to Phase II.

24. Are the title page and the table of contents excluded from the 50-page limit? (Amendment 0001, Section 00100, paragraphs 1.4 and 1.4.1 specify a 50 page limit in the aggregate.)

Yes, the title page and table of contents are excluded from the page count and will not be evaluated. Both should reflect the current solicitation.

25. Is less than 11-point font permitted for graphics/tables (e.g., organization chart, schedules, listings in table format)? (Amendment 0001, Section 00100, paragraph 1.4 specifies 11 point font).

Smaller, legible font will be accepted for charts, tables and schedule; howevers, those charts, tables and schedule shall only reflect the specific information requested for those charts, tables and schedule.

26. 4. Amendment 0001, Section 00100, paragraph 1.4.1 states, in part, "The data appearing in Factor 2 behind the tabs relating to past performance evaluations and awards (2.1.2), are not counted in the overall page limitations." Factor 1, Tab 1 is Past Performance and requests past performance questionnaires; Factor 2, Tab 2 is the Management Approach. Does the government mean Factor 1 (instead of Factor 2) in regard to the past performance evaluations? Please clarify.

27. Please reference SF 1442, Block 13B. Please confirm an offer guarantee is required for Phase I submission?

An offer guarantee is not required to be submitted with Phase 1 as there is no price data. It will be

28. Please reference SF 1442, Block 13A and paragraph 1.3.a. Block 13A states to submit an original and 2 copies whereas paragraph 1.3.a states to submit an original and 4 copies. Please clarify which is correct?

1.3a is correct. The requirement for the technical proposal is an original and four copies.

29. Please reference Factor 1, paragraph 2.2.1 Project Management. Paragraph 2.2.1 states the Offeror must provide current single and aggregate bonding capability. Please advise if the Offeror must provide a notarized statement from a Treasury-approved surety stating the Offeror’s bonding capability?

The current solicitation is Phase I and only requires a technical proposal. The documents in question will

30. In conjunction with the above RFI, if so please advise if said notarized statement counts toward the 50 page limitation?

The current solicitation is Phase I and only requires a technical proposal. The documents in question will

31. Please reference paragraph 1.4 Specific Requirements. Please clarify if the table of counts toward the 50 page limitation?

The table of contents are excluded from the page count and will not be evaluated but should reflect the current solicitation.

32. Please reference paragraph 2.2 Factor 2 – Management Approach. Paragraph 2.2 states to organize sequentially under tabs for each paragraph. Please clarify if the internet is to have separate tabs for each paragraph i.e. 2.1, 2.1.1, 2.2, 2.2.1, 2.2.2, 2.2.3 etc.?

Yes, the intent is to have tabs for the information requested under each numbered section (2.1.1, 2.1.2, 2.2.1, 2.2.2., etc). The tabs themselves are not included in the page count.

33. Please reference paragraph 1.4 Specific Requirements. Please clarify if the one inch margin limitations apply to the RFP provided Attachments and/or forms, charts etc. or only the typed narrative requirement pages?

The margins apply to all pages outside of the attachments, organization chart, matrix of responsibility and schedule.

34. Please reference paragraph 1.4 Specific Requirements. Paragraph 1.4 states to number each page. Please clarify if the requirement to number each page also applies to the RFP provided Attachments and/or forms, charts etc. or only the typed narrative requirement pages?

The data appearing in Factor 1 behind the tab relating to past performance evaluations and awards (2.1.2.), are not counted in the overall page limitation and do not require page numbers.

35. Please reference paragraph 1.3.b. If separation sheets are utilized in lieu of tabs within the electronic copy, please advise if the separation sheets count toward the 50 page limitation?

Separation sheets, in lieu of tabs, within the electronic copy will not be counted towards the page limitation.

36. Please reference paragraph 2.1.1 Experience in Relevant Projects. Paragraph 2.1.1 states each project must be of relevant scope and complexity and demonstrate a minimum completion value of $750,000 considering adjustment for escalation*. It further states, *Note: All escalation values are to be labeled as escalated and the Offeror must explain in detail their escalation rationale, which must include any formulas, calculations, assumptions, etc. Please clarify in better detail exactly what the intent is for the requested item. Define “considering adjustment for escalation” maybe.

If an Offeror provides an escalated amount for any submitted project, it must provide its rationale/calculation as to how the escalated rate was determined.

37. Please reference paragraph 2.1.2 Past Performance Questionnaire for Experience in Relevant Projects.

Please advise if other Government issued past performance evaluation forms, i.e. the prerequisite PPQ form to Attachment B, are acceptable to use in addition to form DD2626 and/or Attachment B?

If the Offeror may provide other Government issued past performance evaluation forms in addition to Attachment B.

38. Please advise if a higher confidence assessment past performance rating will be given for ten (10) Outstanding’s vs. nine (9) Outstanding’s and one (1) Above average?

Please refer to Section 00100 section 3.1.

39. 52.216-19 ORDER LIMITATIONS. (OCT 1995) states (1) Any order for a single item in excess of $49,900,000.00. Please confirm this is correct?

This is correct

40. Please advise if a Cover Letter will count toward the 50 page limitation?

The cover letter will not count in the page count and will not be evaluated.

41. Is the required Table of Contents counted in the 50 page limit?

The table of contents are excluded from the page count and will not be evaluated but should reflect the current solicitation.

42. Page 3 of 19 of Amendment 1 states that “The data appearing in Factor 2 behind the tabs relating to past performance evaluations and awards (2.1.2.), are not counted in the overall page limitation”. Section 2.1.2 addresses “PAST PERFORMANCE QUESTIONNAIRES FOR EXPERIENCE IN RELEVANT PROJECTS” and is in fact part of Factor 1.

a. Should the Amendment have actually stated “The data appearing in Factor 1 behind the tabs…”;

b. If the answer to question 2.a above is “no”, what is the meaning of the statement “The data appearing in Factor 2 behind the tabs relating to past performance evaluations and awards (2.1.2.), are not counted in the overall page limitation”.

43. Page 6 of 19 of Amendment 1 states that “Formal performance evaluations are those that are similar to the Department of Defense Performance Evaluation (Construction) Form DD2626. If a formal evaluation is unavailable, the Offeror must request that their client complete the USACE Past Performance Questionnaire for Relevant Experience (Form PPQ-0) (Attachment B) and submit the questionnaire as part of the Offeror’s technical proposal”. Is a prior completed official Past Performance Questionnaire considered an acceptable substitute for a DD2626 (CCASS)?

Previously completed PPQs can be submitted for this solicitation; however, there should be no references

44. Page 3 of 19 of Amendment 1 states (Section 1.4) that “Each volume’s contents must be separated by tabs as discussed below”. Page 3 of 19 of Amendment 1 then states (Section 1.4.1) that “The information must be divided by tabs and shall be organized as follows:

TAB 1 - Factor 1 Past Performance

TAB 2 - Factor 2 Management Approach

TAB 3 - Factor 3 Technical Approach”

This appears to indicate that there are to be three tabs in Volume 1. However, page 6 of 19 of Amendment 1 states (Section 2.2) that “MANAGEMENT APPROACH: The submitted material MUST be organized sequentially under tabs for each paragraph, to facilitate evaluation”.

a. In the statement on page 6 of 19 of Amendment 1 (Section 2.2) that “…material MUST be organized sequentially under tabs for each paragraph…”, does the term “paragraph” here refer to paragraphs in section 2.2 (i.e. paragraphs or sections 2.2.1, 2.2.2 and 2.2.3) or does it refer to paragraphs in the offeror’s proposal text?

b. Should separate tabs be used for the individual sections or paragraphs of the Management Approach section (i.e. within the already tabbed Management Approach section)?

Each Factor must have a tab; however, the intent is also to have tabs for the information requested under each numbered section (2.1.1, 2.1.2, 2.2.1, 2.2.2., etc). The tabs themselves are not included in the page count.

45. Similar to question 4 above, page 7 of 19 of Amendment 1 states (Section 2.3) that “…TECHNICAL APPROACH: The submitted material MUST be organized sequentially under tabs for each paragraph…”.

Does the term “paragraph” here refer to paragraphs in section 2.3 (i.e. paragraph or section 2.3.1) or does it refer to paragraphs in the offeror’s proposal text? (If it refers to paragraph 2.3.1 this will mean that there are two tabs together for this one part of the proposal).

Each Factor must have a tab; however, the intent is also to have tabs for the information requested under each numbered section (2.1.1, 2.1.2, 2.2.1, 2.2.2., etc). The tabs themselves are not included in the page count.

46. Page 36 of 84 of the RFP provides a Certificate of Corporate Authority; should this be completed and submitted with the Phase 1 response? If so, where in the proposal should the completed Certificate of Corporate Authority be placed?

The current solicitation is Phase I and only requires a technical proposal. The documents in question will

47. Will a CCASS evaluation be permitted in lieu of the Form DD2626?

Yes, CCASS evaluations can be submitted in lieu of the Past Performance Questionnaire.

48. Will overseas construction count towards our experience if it meets the requirements that were set?

Yes, CCASS evaluations can be submitted in lieu of the Past Performance Questionnaire.

49. Ref. 2.1.2 Past Performance Questionnaires for Experience in Relevant Projects: Q) In order to relieve the burden on our customers with regard to filling out new PPQ forms for every RFP response, will the USACE accept Past Performance Questionnaires that were previously filled out and submitted for other proposals?

Previously completed PPQs can be submitted for this solicitation; however, there should be no references

50. Please confirm a preproposal conference was not held.

That is correct, a preproposal conference was not held.