W912DS-13-R-0008_-_Amendment_0002.pdf

W16ROE22995423

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 purposes of this amendment are to:

1) Provide Questions & Answ ers, for informational purposes only.

2) Extend the Proposal Due Date to Thursday, March 21, 2013 at 2PM EST.

NOTE: Offerors must acknow ledge receipt of this amendment by the date specified in the proposal (or as amended) by one of the follow ing methods: In the space provided on the SF 1442, by separate letter, or by signing block 15 below . FAILURE TO ACKNOWLEDGE AMENDMENT BY THE DATE AND TIME SPECIFIED MAY RESULT IN REJECTION OF YOUR PROPOSAL IN ACCORDANCE WITH THE LATE PROPOSAL, LATE MODIFICATION OF PROPOSAL, OR LATE WITHDRAWAL OF PROPOSAL (FAR 15.208).

1. CONTRACT ID CODE PAGE OF PAGES

J 1 6

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

16C. DATE SIGNED

BY 26-Feb-2013

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-13-R-0008

X 9B. DATED (SEE ITEM 11)

05-Feb-2013

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

26-Feb-2013

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-13-R-0008

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:

QUESTIONS & ANSWERS

Q&A (FOR INFORMATIONAL PURPOSES ONLY)

Q1. Since the ISO containers provide the envelope for all intermodal transport modes, the container will be certified by American Bureau of Shipping (ABS) or other Classification Society at factory for Dimension and strength. Will this be acceptable for all modes of transport?

A1. Yes. Note also that the contractor shall be responsible to obtain any and all Local, State or Federal permits and permissions required for transportation to the site. In New York City, The rules for over-dimensional trucks are contained in NYC Traffic Rule 4-15. Transport of containers prior to factory modification into housing units should comply with governing standards applicable for mode of transport used. After factory modification of the containers into housing units the integrity of each unit for transport to the site, including mode of transport, methods used for installation on foundations and interconnection of stacked units shall be engineered and confirmed by structural analysis. Refer to Design Standards and Performance Specification in the RFP (Appendix A-5). Information on permit requirements from New York City Department of Transportation is below:

The rules for over-dimensional trucks are contained in NYC Traffic Rule 4-15. A trucking company is required to take out a NYCDOT Over-Dimensional (OD) Permit when any of the following dimensions are exceeded for travel/transport within the New York City when transporting a non-divisible load:

Single vehicles such as box trucks and campers, bumper to bumper including load:

Length – 35’ Width – 8’ Height – 13’-6”

Combination vehicles such as tractor + trailers, bumper to bumper including load:

Length – 55’ Width – 8’ Height – 13’-6”

Required information when any of the above dimensions are exceeded:

Gross vehicle weight including load, axle spacing, and axle loads Route to be traveled

Additional requirement of a specific route survey prepared by a NYS Certified Vehicle Escort, must be submitted with the permit application if the dimensions of the vehicle exceed or are equal to any of the following:

Length – 80’ Width – 12’ Height – 14’ Weight – 120,000 lbs.

A geometric survey, prepared by a NYS licensed PE, must be submitted if the dimensions of the vehicle exceed or are equal to any of the following:

Length – 130’ Width – 15’ Height – 15’ Weight – 180,000 lbs.

Q2. In Section B – Supplies or Services and Prices, Item No. 0001 is asking for a lump sum price for a complex that is three stories high and contains a minimum of 1 Single Unit Dwelling and 1 Large Dwelling Unit. A three story building cannot be achieved with only two units. Is the government looking for a lump sum price for just the minimum number of units, or is it more desirable to provide a lump sum price for a complex with additional units to achieve the three story height?

A2. The price for Item No. 0001 represents the price for the complex being proposed by the Offeror. If all other items are the same, proposed complexes with more than the minimum number of units are preferable to those with only the minimum numbers.

Q3. Will the LDU on the first floor of the complex act as the display model as describe in the RFP?

A3. In addition to one (1) Single IHU Dwelling Units (1BR) and one (1) Large Dwelling Unit (3BR), an additional unit must be provided for use as public space on the ground floor. The public space unit may be equivalent to a Single or a Large Dwelling unit at the Offeror’s option. The public space unit shall be fitted out the same as a dwelling unit, including kitchen, bath, etc., however non-built-in furniture need not be provided.

Q4. Since these units will be in place for an Interim period “up to 2 years”. Must all requirements of the NYC DOB codes be adhered to for compliance or will there be some consideration given for the Temporary nature of the building if one can demonstrate the building systems give adequate protection for Fire/Safety and structural integrity for the intended purpose?

A4. Compliance with the applicable criteria as described in the RFP is required. No waivers should be assumed unless they are specifically stated in the RFP. All fire/life safety performance requirements must be met, as life safety is one of the project's top priorities. In some instances, NYC DOB may consider equally safe and proper materials or forms of construction to be acceptable. It is the responsibility of the contractor to provide the required documentation to include detailing the practical difficulty specific to this project, how the proposal differs from the criteria and the analysis for the equally safe alternative demonstrating how the code intents are met. The contractor must either fully comply or obtain an approval for any variations from NYC DOB in order to meet the requirements of this contract.

5. In the same context we would also ask the following

a. due to their unique design and application will NYC accept Pex for Water lines and PVC for drain/sewer for the interior system within the containers

A5a. Pex and PVC are not permitted in NYC Codes for such purposes.

b. due to same above, will ROMEX type electrical cable be acceptable in lieu of MC cable

A5b. ROMEX type cables are not permitted in NYC Codes for such purposes.

c. Due to same, will IECC code allow for reductions in R values since overall height of ISO container is 9’6” and may not provide sufficient space for required acceptable insulation?

A5c. The applicable criteria include NYCECC and NYSECCC. The IECC is not directly applicable. In accordance with Article 11 of the New York State Energy Law, only the Secretary of State

(NY) has the authority to provide waivers from Energy Code compliance, not the local jurisdiction. The contractor must either fully comply or obtain an approval for any variations in order to meet the requirements of this contract. The Contractor may contact the Codes Division of the Department of State for an application for variance at (518) 474-4073 or by email at codes@dos.state.ny.us.

6. Since ISO containers are utilized, there are standard container securing devices that are employed to stack and connect them both vertically and horizontally. Will such standard devices (twist lock and Bridges) be acceptable to secure the IHU within the complex?

A6. Standard devices may be considered acceptable, as long as the contractor provides engineering and structural analysis to confirm and document use of these devises as compliant with the NYC Construction Codes for structural integrity including, but not limited to seismic and wind load requirements.

7. ISO containers are built to strict ISO requirements for water tightness for Marine transport on ocean going vessels. The outer design in itself provides extreme protection from water, wind and other weather elements. Not to mention a steel shell that can withstand hurricane force wind and water. Would this exterior be acceptable for the Interim building if painted in such a way as to Camouflage or blend in with the surroundings?

A7. If structural analysis confirms compliance with NYC Construction Codes and NYC Energy Conservation Code a painted exterior intended to "Camouflage" and blend with the surrounding neighborhood would be acceptable. The criteria for evaluation of building aesthetics is described in Section M (00 22 11) paragraph 5.2.2.2, and alternative exterior treatments and finishes may more appropriately address the exterior considerations listed therein. The treatment of the exterior of the complex should reflect the design intent of the project.

8. Is the Contractor Fully responsible for Implementing, maintaining and utilizing the RMS System as described in the RFP? Does this Include the implementation and Training of all personnel necessary to Support this system?

A8. As stated in Section 01 45 01, the Contractor must use the Government-furnished Construction Contractor Module of RMS, referred to as QCS, to record, maintain, and submit various information throughout the contract period. The Contractor module, user manuals, updates, and training information can be downloaded from the RMS web site (www.rmssupport.com). This joint Government- Contractor use of RMS and QCS will facilitate electronic exchange of information and overall management of the contract. Refer to Section 01 45 01 for additional information.

9. IS DrCheck sm is a software system referenced for all design corrections. Is this software readily available and can it be utilized on standard computers?

A9. DrChecksSM is a web based application accessed through the following website, https://www.projnet.org . The system requirements are shown on the website. This application allows the Contractor to view and respond to Government comments to design submissions as they are entered, providing an efficient review and correction process. Be aware, however, that comments requiring resolution by the contractor may be received through other means, such as through the permitting process.

10. This solicitation includes FAR clause 52.228-1, requiring the submission of a bid bond. A bid bond is an indemnity bond, guaranteeing that if a contract is awarded, the contract will be accepted.

Under an RFP, an offeror has the unfettered right to withdraw its offer at any time before acceptance.

This acquisition is an RFP. Therefore, after submission of a proposal on this RFP, if an offeror elects to withdraw its offer prior to acceptance, will the bid bond amount be refunded?

A10. A response to this question will be provided in a forthcoming amendment.

11. In Section 01 78 02, page 6 of 17, there is a reference in paragraph 1.5.3 to a Performance Bond.

However, FAR clause 52.228-15 is not in the solicitation. May we presume that there will be no requirement for a performance bind despite the reference in paragraph 1.5.3?

A11. A response to this question will be provided in a forthcoming amendment.

12. Since the URS engineers report gives evidence of poor soil conditions and does not recommend Helical Piers, what other types of Temporary Foundation systems will be considered?

A12. Alternatives to helical piers are identified in the Geotechnical Report included in the RFP, Appendix A-3. Also refer to the IHU Structural section of the Performance Specification in Appendix A- 5 for additional discussion of foundation types. The offeror may propose a foundation system that differs from the recommendations of the included Geotechnical Report, as long as he provides sufficient engineering analysis to demonstrate that it is suitable and code compliant.

13. The site selected is approximately 41’ wide. In order to accommodate a 40’ container with a 4’ walkway in the front and back, will it be acceptable to overlay onto the adjacent parking lot by approximately 7 feet?

A13. No, the adjacent parking lot may not be encroached upon.

14. During construction, can the adjacent parking lot be used as a staging area?

A14. No, the contractor will not be permitted to use the adjacent parking lot.

15. Complete design plan approval needs to be received from New York City before the development process can begin. What is the anticipated window of time for this process? Will the 120 day delivery period begin after final approval from the city?

A15. The contract Notice to Proceed (NTP) represents the start of work for the contract. The 120 day period identified as the Install Lead Time is the time from contract NTP to the units being ready to be occupied, and therefore includes the time for design, submittals, transport, etc. The time to obtain permits depends on the documents submitted. The Government intends to have a pre-filing meeting with NYC DOB after contract award, using the information provided in the accepted proposal, to help facilitate an efficient review. While the completeness and quality of the documents required to be submitted to obtain permits is solely the responsibility of the Contractor, the Government will participate in coordination efforts with the agencies and departments to facilitate the process.

16. Will there be any problems using a 150 ton crane in this section of the city?

A16. It is the responsibility of the Contractor to obtain any permits required for use of a crane including transportation and set-up and use. Due to the registration requirements for cranes used within New York City, it is recommended that the Contractor plan to use a crane of an approved prototype model, with a current registration. Requirements vary depending on the specification of the crane (e.g.

type, boom length, etc.). Note that the Contractor will be responsible for application fees for permits and any additional fees for week-end or after-hours inspections, if required. Additional information is available on the NYC DOB Cranes and Derricks website, http://www.nyc.gov/html/dob/html/development/crane_home.shtml

17. Page 7 of 379 – Section B – Please clarify the exact number of units to be included in Item #0001. According to this section, the following are requested: “one (1) Single IHU Dwelling Units (1BR) and one (1) Large Dwelling Unit (3BR)”. Additionally, one ground-floor unit is listed and is to be used as public space. Is the ground floor unit a separate unit and in addition to the single dwelling unit and the large dwelling unit? If not, does the single dwelling unit or the large dwelling unit serve a dual role?

Please clarify exact unit count.

A17. The ground floor gallery unit is required to be provided in addition to one (1) Single and one (1) Large Dwelling Unit. Therefore, at least three (3) units must be provided. Additional units are desirable in accordance with the evaluation criteria.

18. Page 275 of 379. RPF Appendix A-5 Required Documentation. This section states, “The following detailed documentation is to be submitted with vendor’s proposal to demonstrate vendors ability to comply with this document prior to fabrication and deployment by the vendor of the housing complex to the selected site. […]” These proposal requirements are in conflict with Sections L and M of the RFP.

Please resolve/clarify.

A18. Sections L and M describe the proposal submission requirements. No additional proposal submission requirements are included in Appendix A-5. Within Appendix A-5, the term “vendor’s proposal” refers to submittals provided after contract award (e.g., in the design submissions).

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 07-Mar-2013 02:00 PM to 21-Mar-2013 02:00 PM.

(End of Summary of Changes)