Amendment 4.pdf

W16ROE11175116

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:

a. Provide questions and Answ ers for INFORMATION PURPOSES ONLY

b. Provide Revised Specif ications Section 3.1.3 and 3.1.1.

c. Extend the Response Due Date From 29 July 2011 at 2:00pm EST to 2 August 2011 at 2:00pm EST.

NOTE: Submitters must acknow ledge receipt of this amendment by the date specif ied in the solicitation (or as amended) by one of the follow ing methods: in the space provided on the SF 1442, by separate letter, by telegram or by signing block 15 below .

FAILURE TO ACKNOWLEDGE AMENDMENT BY THE DATE AND TIME SPECIFICED MAY RESULT IN REJECTION OF YOUR OFFER IN ACCORDANCE WITH THE SUBMISSION, MOFICATION, REVISION, AND WITHDRAWAL OF PROPOSALS.

1. CONTRACT ID CODE PAGE OF PAGES

1 9

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

16C. DATE SIGNED

BY 27-Jul-2011

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 W912DS-11-B-0005

X 9B. DATED (SEE ITEM 11)

23-Jun-2011

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

27-Jul-2011

CODE

US ARMY CORPS OF ENGINEERS, NEW YORK

26 FEDERAL PLAZA, RM 1843

NEW YORK NY 10278-0090

W912DS 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912DS-11-B-0005

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

AMENDMENT 4

Multipurpose Academic Building Science Facility Phase 2

Amendment 4

BIDDER’S QUESTIONS AND GOVERNM ENT REPLY FOR INFORMATION

PURPOSES ONLY

Q1. Please reference page 6 of the RFP. There is reference to “The completed Step One Technical Proposal Volume cover sheet” which needs to be submitted with the Step one proposal. Please provide this cover sheet, or confirm that it is not required.

A1.You can create your own cover sheet. Reference the solic. # , project title , date and Step 1.

Q2. Please reference the requirements for the Construction Quality Control Manager. Item (1) states that the “Construction Quality Control Manager shall have no other duties except Construction Quality Control Manager”, but Item (5) states that “has no other duties except Construction Quality Control but they may also serve as the safety manager.” Please confirm that the Construction Quality Control Manager may serve as the Site Safety and Health Officer.

A2. No. The construction quality control manager must have no other duties. See revised Key Management Personnel Roles and Responsibilities.

Q3. Please reference the requirements for the Construction Quality Control Manager. Item (7) states that he/she “reports directly to the President/Owner of the Prime Contractor.” Our firm operates with various Vice Presidents/General Managers overseeing various sectors/types of work, i.e. Federal Construction. Please confirm that the Construction Quality Control Manager can report directly to an officer of the Prime Contractor such as a Vice President/General Manager.

A3. See revised Key Management Personnel Roles and Responsibilities.

Q4. Please reference the requirements for the Construction Quality Control Manager. Per Item (4), the Construction Quality Control Manager needs to be “on-site at all times during construction performing construction quality control duties”.

Now, please reference the requirements for the Quality Control System Manager. Per Item (1), the Quality Control System Manager needs to “perform all quality control management duties required of the Contractor.”

It appears that the Construction Quality Control Manager and the Quality Control System Manager have the same responsibilities. Please confirm that only the Construction Quality Control Manager is required as a member of the key personnel.

A4. See revised Key Management Personnel Roles and Responsibilities.

Q5. Please advise what information we are to provide on form 1442 in the boxes marked “Code” and “Facility Code” beneath the Offeror’s name and address?

A5. The Box marked for “Code” would be the offerors Cage Code. “Facility Code” would not have to be filled out at this time.

Q6. Is a signature required in box 30B of form 1442 with the 7/26 submission?

A6. No, Block 20 Should be completed.

Q7. Our firm is a Limited Liability Company. Should we utilize the space provided for a Partnership on page 4 of 95

A7. Yes If you are a partnership use page 4 of 95 to list you and your partners .

Q8. Regarding Qualifications of the Offeror's Team: Page 5 of Amendment 3 states, "At a minimum, the following key personnel shall be identified by name within the chart: Contractor's Project Manager; Construction Quality Control Manager; and Superintendent." Page 8 of Amendment 3 under Unsatisfactory Rating Guidelines states, "The minimum education/years experience on comparable projects are not met for any one of the following: Project Manager, Superintendent, Construction Quality Control Manager, Construction Quality Control System Manager (Manager of Field Quality Control Personnel), Contractor's Quality Control System Manager (Mechanical and Electrical Quality Control Personnel), and Site Safety and Health Officer." Please clarify the positions which should be named and resume included.

A8. See revised rating factor below.

Please clarify the difference in role between the Construction Quality Control Manager and Contractor's Quality Control System Manager.

See revised Key Management Personnel Roles and Responsibilities.

Q9. Can you please confirm that the revised bid date opening remains 2PM?

On page 9 of Amendment 3, the revised response time is noted as 12AM.

Please advise which is correct.

A9. Yes the Proposal Due Date has been changed to 2 August 2011 @ 2:00pm EST.

Q10. Please confirm that the contractor's Quality Control Manager and the Site Safety and Health officer can be a single person for the duration of the project?

A10. No. See revised Key Management Personnel Roles and Responsibilities.

Q11. Please confirm that the Contractor's Quality Control Manager and the Contractor's Quality Control System Manager ( both for the field quality control and the mechanical and electrical quality control) can be the same person?

A11. No. See revised Key Management Personnel Roles and Responsibilities.

Q12. We believe that the modified contractors past relevant experience as issued under addendum 3 dated July 20, 2011 in section 3.1.1 FACTOR 1-3 limits the competition , and overly restrictive because of the following:

a. Using the project solicitation information as highlighted in the attached exhibit 1, the project gross area is 245,000 square feet and as per the attached exhibit 2, the magnitude of construction is estimated to be $ 119,000,000 which confirms that the estimated square feet value is $ 119,000,000 / 245,000 which equates $ 485.71 per square foot, using the same formula and using the minimum square footage assigned as the project scope as per the attached exhibit 3, the magnitude should be reduced to be 50,000*$485.71 which equates to $ 24,285500.

b. As per the attached exhibit 4, the project duration extends over 3.5 years, the assigned past performance magnitude should be reduced to be an average billing for a year of the project which won't exceed 27 million.

c. We have completed over 5,000,000 square feet of construction of similar complexity and scope to the project being bid under this solicitation but for the economy being as Is these days and taking that in consideration, there were not enough projects having similar magnitude in the past 7 years which limits the competition to a select few contractors.

d. Taking in consideration, that the project is 100% bonded and there will be a 100% performance and payment bonds from the lowest successful bidder, the requirements for the project magnitude assigned under the past performance criteria should be reduced to match the estimated magnitude assigned for the similar scope as described under item a above.

e. I would like also to point out that a project completed years ago with lesser value than the required 45 million could equate to a value much higher today using today's market value due to inflation in labor and material values.

Based on all the above, we would sincerely appreciate lithe assigned project magnitude gets revised to the above values or at maximum, please request one project only to meet the magnitude not two, and two or even more to meet the complexity and scope. We are currently building world class since labs for many colleges and guarantee the government very competitive pricing.

A12. Factor 1 requirement is clarified in amendment #3.

Revise Rating 3.1.3 and 3.1.1 Factor 3 – Qualifications of the Offerors Team (Amendment #3):

Replace “At a minimum the following Key Personnel shall be identified by name within the chart: Contractor’s Project Manager, Construction Quality Control Manager; and Superintendent.

With, At a minimum ALL Key Personnel identified under Contractor’s Key Management Personnel (below) shall be identified by name within an organizational.

Revise Rating Guideline for Factor 3 (Amendment #3) as follows:

Satisfactory: The minimum education and experience on comparable projects for all key personnel is met.

Unsatisfactory: The minimum education and experience on comparable projects for all key personnel is not met.

Revise and Replace Key Management Personnel with the following:

CONTRACTOR’S KEY MANAGEMENT PERSONNEL – Roles and Responsibilities

The following Key Management Personnel, meeting minimum requirements as stated in Section 00110 shall:

a. Contractor’s Project Manager:

(1) Performs all project management duties of the project.

(2) Serves as the Governments' sole point of contact in all matters relating to work including, but not limited to, contract compliance, progress of work, overall project scheduling, financial matters, and change orders.

(3) Attends all job meetings.

(4) On site a minimum of two (2) days per week on site.

(5) Minimum of ten (10) years of project management experience and demonstrate experience working on projects of comparable magnitude.

(6) Authorized to negotiate changes.

b. Contractor's Superintendent: (Overall Field Manager Responsible for Construction)

(1) Performs all superintendent duties require of the Contractor, except any duties required under "Superintendence of Subcontractors" below.

(2) Serves as the Governments' sole on site point of contact in all matters relating to the work including, but not limited to, scheduling of work, utility interruptions, and testing.

(3) Attends all job meetings.

(4) On site at all time during all construction activities.

(5) Serves under, and reports directly to the Contractor's Project Manager.

(6) The On-Site Construction Superintendent shall have a minimum of six (6) years as a construction superintendent and demonstrate experience on projects of comparable magnitude.

c. Assistant Superintendent: (Field Manager Responsible for Construction - Assistant)

(1) Same duties as Superintendent above but acts as assistant (not the lead).

(2) Minimum of seven (7) years of experience working on projects of comparable magnitude as a superintendent.

(3) Performs all subcontract management/superintendent duties required of the Contractor, and any duties required under contract clause titled

SUPERINTENDENCE OF SUBCONTRACTORS.

(4) Serves as the alternate in the event the Superintendent is absent.

d. Contractor’s Quality Control System Manager: (Manager of Field Quality Control Personnel)

(1) Performs all quality control management duties required of the Contractor (reference Section 01451).

(2) Serves as the Governments' sole point of contact in all matters relating to the quality of the work including, but not limited to, contract compliance and testing procedures.

(3) Has no other duties except Quality Control.

(4) Attends all job meetings.

(5) On site at all times during construction activities.

(6) Reports all deficiencies to the Government and the Contractor's Project Manager for correction.

(7) Works directly under, and is responsible to, an officer of the Contractor at least one level higher than the Contractor's Project Manager.

(8) Minimum of seven (7) years of experience as quality control manager and demonstrating experience with similar magnitude projects.

e. Contractor’s Quality Control System Manager (Mechanical and Electrical Quality Control Personnel)

(1) Performs all quality control management duties required of the Contractor (reference Section 01451).

(2) Serves as the Governments' sole point of contact in all matters relating to the quality of the work including, but not limited to, contract compliance and testing procedures for MEP.

(3) Has no other duties except Quality Control. Also acts as assistant to the overall quality control manager.

(4) Attends all job meetings.

(5) On site at all times during construction activities.

(6) Reports all deficiencies to the Government and the Contractor's Project Manager for correction.

(7) Works directly under, and is responsible to, an officer of the Contractor at least one level higher than the Contractor's Project Manager.

(8) Minimum of seven (7) years of experience as a quality control manager and demonstrating experience with similar magnitude projects.

f. Site Safety and Health Officer: (Principal in Charge of Enforcing Safety Codes)

(1) Performs all safety management duties required of the Contractor including duties of the Site Safety and Health Officer (SSHO)(reference Specification Section 01525, SAFETY AND OCCUPATIONAL HEALTH

REQUIREMENTS).

(2) Serves as the Governments' sole point of contact for all matters relating to safety.

(3) Continually enforces and implements the safety requirements of the contract including the Accident Prevention Plan.

(4) On site at all times during building demolition activities, foundations work, structural steel erection, and exterior wall construction.

(5) Has no other duties other than safety. Performs all duties as per EM-385-1-1.

(6) Works under and reports to the Contractor's Project Manager.

(7) Minimum of seven (7) years experience in a similar role with experience on similar magnitude projects

The following have been deleted:

AMENDMENT 3

SECTION 00010 - SOLICITATION CONTRACT FORM

The required response date/time has changed from 29-Jul-2011 12:00 AM to 02-Aug-2011 02:00 AM.

(End of Summary of Changes)