W912DS-13-R-0008_-_Amendment_0003.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 purpose of this amendment is to:

1. Amend and reissue the price schedule in its entirety.

2. Amend RFP Specification Sections A-8, A-9, 01 35 26, 01 45 04, 01 78 02, 00 73 00, 00 22 11, 01 10 00, and 01 33 00.

3. Add FAR Clause 52.228-16 Performance and Payment Bonds - Other Than Construction

4. Provide Questions and Answ ers, for informational purposes only.

5. Extend the proposal due date to 25 March 2013 at 2:00PM EST.

NOTE: Offeror 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 SF1442, by separate letter, or by signing block 15 below . FAILURE TO ACKNOWLEDGE AMENDMENTS BY THE DATE AND TIME SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER IN ACCORDANCE WITH THE SUBMISSION, MODIFICATION, REVISION, AND WITHDRAWAL OF PROPOSALS (FAR 15.208)

1. CONTRACT ID CODE PAGE OF PAGES

J 1 32

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

16C. DATE SIGNED

BY 08-Mar-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

08-Mar-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:

AMENDMENT 0003

Amendment 0003 to W912DS‐13‐R‐0008.

The price schedule has been amended and is re‐issued in its entirety with this amendment.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum Interim Housing Units complex

FFP

All work to provide and install an Interim Housing Unit (IHU) complex consisting of a minimum of three (3) stories, one (1) Single IHU Dwelling Units (1BR) and one (1) Large Dwelling Unit (3BR), including all associated means of ingress/egress, features and amenities. One ground-floor unit will be used as public space. The complex shall be in place for an occupancy period of 365 calendar days after installation is complete and all units in the complex are accepted and turned over for occupancy. This includes all required submittals related to the units.

FOB: Destination

MILSTRIP: W16ROE22995423

PURCHASE REQUEST NUMBER: W16ROE22995423

NET AMT

0002 1 Lump Sum Site work

FFP

All foundations, site work and utilities, to include all required and related submittals, associated with the Interim Housing Unit complex.

FOB: Destination

0003 1 Lump Sum Study Reports and Data Collection

FFP

All work associated with the provision of Study Reports, Documentation and Data Collection as described in Section 01 10 00, Paragraph 2.11

0004 1 Lump Sum De-installation and site restoration

FFP

All work to de-install and remove the complex and restore the site to original condition following the occupancy period. Under the base offer, the contractor shall retain ownership of the Interim Housing Units throughout the period of performance and after removal from the project site.

0005 1 Lump Sum Property management services

FFP

Provide property management services for the occupancy period, to include upkeep and maintenance of the site and all common areas. See Section 01 10 00, Paragraph 2.10

0006 1 Lump Sum Facility electric service

FFP

The amount listed by the offeror on this CLIN is the estimated electric bill for the complex during the occupancy period ($3000 multiplied by the number of units proposed). The actual amount paid by the government under this CLIN will be based on the amount of the Con Edison invoices submitted by the offeror after contract award. The Contracting Officer will adjust this CLIN by contract modification to reflect actual amounts paid to the utility provider.

0007 1 Lump Sum Facility water/sewer service

FFP

The amount listed by the offeror on this CLIN is the estimated water/sewer bill for the complex during the occupancy period ($1200 multiplied by the number of units proposed). The actual amount paid by the government under this CLIN will be based on the amount of the NYCDEP invoices submitted by the offeror after contract award. The Contracting Officer will adjust this CLIN by contract modification to reflect actual amounts paid to the utility provider.

0008 1 Lump Sum OPTION OPTION No. 1, Transfer Ownership of IHUs

FFP

This Line Item is the additional price for the Government to take ownership of the IHUs (and associated components of the complex) following the occupancy period in lieu of the Contractor retaining ownership as indicated under the Base Offer.

The Contractor remains responsible for de-installation and site restoration.

This option may be awarded at the sole discretion of the Government within 180 calendar days from the start date of the occupancy period.

0009 1 Lump Sum OPTION OPTION NO. 2, Relocation:

FFP

This Line Item is the additional price for the Contractor to relocate and re-install the complex at a site to be identified by NYC OEM following the initial occupancy period. For bidding purposes, assume the relocation site is FEMA’s National Emergency Training Center in Emmittsburg, MD.

This option may be awarded at the sole discretion of the Government within 270 calendar days from the start date of the occupancy period.

OPTION OPTION NO. 3, Extend Occupancy Period:

FFP

See priced SubCLINs 0010AA, 0010AB and 0010AC.

0010AA 1 Lump Sum OPTION OPTION NO. 3, Extend Occupancy Period:

FFP

This option is the additional cost to Extend the Occupancy Period by an additional 365 calendar days.

This option may be awarded at the sole discretion of the Government within 210 days from the start of the base occupancy period.

0010AB 1 Lump Sum OPTION Electric service during Option 3

FFP

The amount listed by the offeror on this CLIN is the estimated electric bill for the complex ($3000 multiplied by the number of units proposed). The actual amount paid by the government under this CLIN will be based on the amount of the Con Edison invoices submitted by the offeror after contract award. The Contracting Officer will adjust this CLIN by contract modification to reflect actual amounts paid to the utility provider. This option may be awarded at the sole discretion of the Government within 210 days from the start of the base occupancy period.

0010AC 1 Lump Sum OPTION Water/sewer service during Option 3

FFP

The amount listed by the offeror on this CLIN is the estimated water/sewer bill for the complex ($2000 multiplied by the number of units proposed). The actual amount paid by the government under this CLIN will be based on the amount of the NYCDEP invoices submitted by the offeror after contract award. The Contracting Officer will adjust this CLIN by contract modification to reflect actual amounts paid to the utility provider. This option may be awarded at the sole discretion of the Government within 210 days from the start of the base occupancy period.

0011 1 Lump Sum OPTION OPTION NO. 4, Time Lapse Photography:

FFP

This option is the additional price to provide time lapse photography in accordance with Section 01 10 00, Paragraph 2.11.1.3 This option may be awarded at the sole discretion of the Government within 30 calendar days from award.

0012 1 Lump Sum OPTION OPTION NO. 5, Off-Grid Utilities

FFP

This option is to provide and install systems necessary to allow some or all of the units to function independently from conventional utilities the vendor may connect to the site. This option may be awarded at the sole discretion of the Government within 30 calendar days from award.

TOTAL:

TOTAL BASE OFFER (CLINs 0001 – 0005) $ ____________________

TOTAL OPTIONS (CLINs 0008 – 0012) $ ____________________

TOTAL OFFER (BASE + ALL OPTIONS) $ ____________________

PROPOSED INSTALL LEAD TIME (CALENDAR DAYS

FROM NOTICE TO PROCEED TO READY TO OCCUPY).

The maximum acceptable duration is 120 Calendar Days;

award of any or all options will not increase the duration. _______________Days

Notes to Offeror:

1. Offeror shall submit prices on all items.

2. Options included in CLINS 0008-0012 may be exercised at the sole discretion of the Government with the timeframes indicated in each CLIN.

The following specifications are new and issued with this amendment:

Appendix A‐8 Guidelines for approval of fabricators in accordance with the 2008 NYC

Construction Codes – For Information Only

Appendix A‐9 Indoor Air Quality Testing Procedures

The following specifications have been revised and are reissued in their entirety with this amendment:

01 35 26 Safety

01 45 04 Contractor QC

01 78 02 Closeout Submittals

The following specifications are revised but not re‐issued:

In Section H (00 73 00) delete paragraph 1.17.

In Section H (00 73 00) delete paragraph 1.18 (aa) and replace with the following:

“The Contractor shall employ a competent person to function as the Site Safety and Health

Officer (SSHO) in accordance with EM 385‐1‐1, Section 01.A.17. The SSHO shall report to the senior project official or to a senior corporate official. Submit the qualifications of the proposed

SSHO for Government Approval. The duties of the SSHO may be performed by the site superintendent and/or the CQC Systems manager as long as all the position qualification requirements are met by the individual.”

Section M (00 22 11) add paragraph 8.5:

“8.5 TAB D – PRICE BREAKDOWN INFORMATION

8.5.1 Submission Requirements:

The Offeror shall submit unit price information for the One‐Bedroom Utility Dwelling Unit and the Three‐Bedroom Dwelling Unit. This price shall represent the purchase price only, excluding any site preparation costs or installation costs.

8.5.2 Evaluation Criteria:

This information will not be evaluated, it is for informational purposes only.

Section 00 22 11 replace the Attachment 1 with the following:

“SECTION 00 22 11 - ATTACHMENT 1

FORMAT FOR TABLE OF SPACE AND FACILITY SIZE

UNIT SPACES AND QUANITIES:

SOLICITATION

REQUIREMENTS

PROPOSAL

PROVIDED

UNIT

TYPE

BED-

ROOMS

PER UNIT

BATH-

ROOMS

PER UNIT

KITCHEN LIVING

GROSS

SQ FT

EACH

MINIMUM

QUANITY

GROSS

SQ FT

EACH

QUANTITY

Utility Unit

1 1 YES YES 300 – 480 3[1]

Bedroom Unit

2 0 NO NO 300 – 480 1

[1] The minimum requirement is one (1) One-Bedroom Utility Dwelling Units, one (1) Three- Bedroom Dwelling Units and one Public Space Unit* (to consist of either a One-Bedroom Utility Unit or a Three-Bedroom Dwelling Unit per contractor’s design). A One-Bedroom Unit is a Utility Unit. A Three-Bedroom Unit consists of one (1) Utility Unit and one (1) Bedroom Unit.

* 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.

CHARACTERISTCS OF THE COMPLEX:

SOLICITATION

REQUIREMENTS

PROPOSAL PROVIDED FLOOR

MINIMUM # of

DWELLING UNITS

(EITHER TYPE)

# of ONE-

BEDROOM UNITS

(1BR)

# of THREE-

BEDROOM UNITS

(3BR)

1[2] 1 2 1 3 1 4[3]

TOTAL 3

[2] The first floor unit shall be a public space unit and may consist of either a One-Bedroom Utility Unit or a Three-Bedroom Dwelling Unit per contractor’s design [3] The minimum requirement for the complex is three (3) stories. The maximum allowable is four

(4) stories. For the purposes of evaluating the prototype, proposals for a four (4) story complex is preferable.

Section 01 10 00 add paragraph 2.12:

“2.12 Indoor Air Quality

The units shall meet or exceed the minimum indoor air quality requirements set forth in ASHRAE

62.1‐2007. Testing procedures shall be in accordance with Appendix A‐9”

Section 01 10 00, replace paragraph 2.9 with the following:

“2.9 FACILITIES

The contractor shall provide a minimum of one (1) Single IHU Dwelling Units (“Utility” units) and one (1) Large Dwelling Units, except where the contractor’s proposal provided for higher quantities the proposal quantities become the contract minimums. A Large Dwelling Unit is a combination of one “Utility” One Bedroom Dwelling Unit plus one connected “Bedroom” Unit to form a larger three bedroom dwelling unit. The units shall be configured as a three or four story complex at the project site. In addition to the One‐ Bedroom and Three‐Bedroom Units, one ground‐level unit will be used as a gallery/exhibit space. The gallery unit shall be the same as a

Single IHU or a Large Dwelling unit, at the Contractor's choice, except that non‐built‐in furniture need not be provided.”

Section 01 10 00, paragraph 2.11.2, add the following before the last sentence in first paragraph.

“Commissioning activities may occur up to 14 calendar days after the Ready to Occupy date.”

Section 01 10 00, paragraph 2.6, ELECTRICAL SYSTEM, replace with the following:

“2.6 ELECTRIC SYSTEM

The Contractor shall coordinate with and directly pay any fees required to Con Edison for the installation of electric service to the complex (See Appendix A‐6). Refer to the furnished drawings for service layout. The Contractor shall be the applicant for the service with Con

Edison, and shall pay Con Edison directly for usage throughout the occupancy period. The complex may have a single meter for billing purposes; however the Contractor shall make arrangements with Con Edison or provide a sub‐meter for each unit in order to obtain usage data for each unit.”

Section 01 10 00, paragraph 2.7, TELECOMMUNICATIONS, land line phone service is not required for this Prototype project. Replace the paragraph with “2.7 NOT USED”

Section 01 10 00, paragraph 2.10, PROPERTY MANAGEMENT SERVICES DURING OCCUPANCY

PERIOD, add the following before the first sentence:

“Although a formal residential landlord‐tenant relationship is not contemplated under this

Prototype project, the Contractor shall be responsible to ensure the habitability of the complex, that it is livable, safe and sanitary. An example of breaching the warranty of habitability would be failure to rid the complex or an individual unit of an insect infestation. The Contractor shall keep the units and the complex’s public areas in “good repair” and clean and free of vermin, garbage or other offensive material. The Contractor shall maintain electrical, plumbing, sanitary, heating and ventilating systems and appliances in good and safe working order. The

Government shall be responsible for damages caused intentionally or through neglect by the

Government or its representatives.”

Section 01 10 00, paragraph 2.10.4, UTILITY SERVICES, replace with the following:

“2.10.4 UTILITY SERVICES

The contractor shall be responsible for payments for electric, water and sewer utilities throughout the contract period. The contractor shall be the account holder. The Contractor shall be required to submit copies of paid invoices for the utility services. The services will be reimbursed by the Government at the actual cost in accordance with the CLIN schedule included in Section B of the solicitation.”

Section 01 10 00, paragraph 3.3, replace the table of options with the following:

OPTION

TIME TO EXERCISE OPTION

(IN CALENDAR DAYS)

OPTION NO. 1, Transfer Ownership of IHUs: This

Line Item is the additional price for the

Government to take ownership of the IHUs (and associated components of the complex) following the occupancy period in lieu of the

Contractor retaining ownership as indicated under the Base Offer.

This option may be awarded at the sole discretion of the Government within 180 calendar days from the start date of the occupancy period.

OPTION NO. 2, Relocation: This Line Item is the additional price for the Contractor to relocate and re‐install the complex at a site to be identified by NYC OEM following the initial occupancy period. For bidding purposes, assume the relocation site is FEMA’s National Emergency

Training Center in Emmittsburg, MD.

the Government within 270 calendar days from the start date of the occupancy period.

OPTION NO. 3, 2.10.9 Extension of Occupancy This option may be awarded at the sole discretion of

Period the Government within 210 days from the start of the base occupancy period.

OPTION NO. 4, 2.11.1.3 Time Lapse

Photography

This option may be awarded at the sole discretion of the Government within 30 calendar days from award.

OPTION NO. 5, Off‐Grid Utility Connections: This

Line Item is the additional price for the

Contractor to provide all units in the complex with capability to be connected to alternative utility sources, such as generator, photovoltaic, wind; water storage tanks, and temporary wastewater systems. “Capability” means for example, the provision of a transfer switch, but not the generator itself.

the Government within 30 calendar days from award.

Section 01 33 00, paragraph 3.5.2, replace the first sentence with the following:

“A minimum of five (5) full business days (exclusive of mailing time) shall be allowed for

Government review of design submittals and comment in DrChecksSM.

Section 01 33 00, paragraph 3.5.3, delete the following phrase from the first sentence:

“described in Section 01060 SPECIAL REQUIREMENTS”

Questions and Answers

The following are RFIs from prospective Offerors and the Government’s responses:

19. 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. Offerors may withdraw their proposal at any time prior to award in accordance with FAR 15.208(e). The bid bond clause 52.228‐1 states that, if after award, the contractor fails to provide necessary post award submittals, such as performance and payment bonds and required insurance, the contract may be terminated for default and the bid bond would be used to offset any re‐ procurement costs that exceed the awardee’s price.

20. 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?

A10. FAR clause 52.228‐16 Performance and Payment Bonds ‐ Other Than Construction has been added by this amendment. A performance bond on Standard Form 1418 and a payment bond on Standard Form 1416 will be required to be submitted by the contractor within 10 days after contract award.

21. Page 20 of 379 – Section H 1.17 – this section states, “After contract award, the Government will require the Contractor to provide a cost breakdown of each facility by square foot, including major building systems to the five‐foot line, for programming validation purposes. There will be no separate payment for this information and the Contractor shall include it in the contract price. The Government will provide a format with the directive.” Please verify this requirement or delete it from the contract requirements.

A21. Paragraph 1.17 is deleted with this amendment. However the requirement for price breakdown information is added to section M (00 22 11).

22. Page 20 of 379 – Section H 1.18 – this section states, “The Contractor shall employ a competent person at each project to function as the Site Safety and Health Officer (SSHO) in accordance with EM 385‐1‐1, Section 01.A.17.” Please clarify the intent of this requirement, specifically what is meant by “each project”. We assume that this requirement only pertains to the work that takes place at the project site in Brooklyn. Again, please clarify. Please verify that the offeror is to include costs for a dedicated full time SSHO at the project site in Brooklyn during the time that site work takes place.

A22. This pertains to the work that takes place at the project site in Brooklyn. Yes an SSHO must be present during construction activities but this role maybe performed by the superintendent and/or CQC systems manager as long as they meet the qualification requirements of the position. This paragraph has been revised with this amendment.

23. Page 28 0f 379 – Section H 1.41 ‐ QUALIFICATIONS FOR PERFORMANCE OF ELECTRICAL WORK. This section states, “All work shall be performed by experienced electricians under the general supervision and control of a State, City, or County licensed electrician with verifiable credentials. Proof of licensing of supervising electricians shall be provided to the COR. The licensed electrical contractor shall verify in writing to the COR that unlicensed electrical technician(s) is/are familiar with the applicable code requirements and have received safety and health training on the hazards involved.” Q: Manufacture of the units will take place within a factory environment and with manufacturing processes and controls. Quality control will be provided by both in‐house and third‐party, state approved inspectors. It would therefore appear that RFP 1.41 applies only to the site portion of the project. Please verify.

A23. This pertains to the work that takes place at the project site in Brooklyn. NOTE: NYC Department of Buildings, BUILDINGS BULLETIN 2011‐009, describes a process by which a firm may be designated as an approved fabricator.

In such cases, certain Special Inspections may not require 3rd party performance.

24. Page 107 of 379 – Section 00 22 11 ‐ ATTACHMENT 1 FORMAT FOR TABLE OF SPACE AND FACILITY SIZE. The number of minimum units required by the RFP is not clear.

A24. 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. The attachment is revised with this amendment.

A. Note 1 states, “The minimum requirement is one (1) One‐Bedroom Utility Dwelling Units and one (1) Three‐Bedroom Dwelling Units. A One‐Bedroom Unit is a Utility Unit. A Three‐Bedroom Unit consists of one (1) Utility Unit and one (1) Bedroom Unit.”

B. The UNIT SPACES AND QUANITIES table shows/lists the minimum requirement of three (3) utility units and one (1) unit with two bedrooms. It would appear that the minimum requirement is overstated by one (1) utility unit.

Or, does the third utility unit comprise the ground floor gallery unit?

A24b. The table is revised in this amendment to clarify.

C. The CHARACTERISTCS OF THE COMPLEX table shows/lists a minimum of three (3) units. We assume this equates to two utility units and one bedroom unit (which has two bedrooms).

A24c. The complex is required to be three stories. Therefore, at least three (3) units must be provided. One of those must be a Large Dwelling Unit, and one must be a Single IHU Dwelling Unit. The third unit type is left to the Offeror to select and should be appropriate for the complex and site. If all other aspects of the proposals are the same, proposals for complexes with more units are preferable.

D. Page 117 of 379 Facilities paragraph 2.9 states, “The contractor shall provide a minimum of one (1) Single IHU Dwelling Units (“Utility” units) and one (1) Large Dwelling Units. A Large Dwelling Unit is a combination of one “Utility” One Bedroom Dwelling Unit plus one connected “Bedroom” Unit to form a larger three bedroom dwelling unit. In addition to the One‐Bedroom and Three‐ Bedroom Units, one ground‐level unit will be used as a gallery/exhibit space. The gallery unit may be assumed to be similar to the three‐bedroom unit.”

Please clearly clarify the intent and number of units to include in the proposal.

Please clarify the statement, “the gallery unit may be assumed to be similar to the three‐bedroom unit.” We would interpret “similar” to mean “identical”. Please clarify as it leaves a wide range of possibilities for a pricing. Please provide the specific requirements for the gallery unit. The wording in the RFP “assumed to be similar” is very vague. Please provide specifics on exactly what to include with the gallery/exhibit space – kitchens, bathroom, etc.

A24d. 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.

25. Page 119 of 379 RFP Section 2.11.2 TESTING AND COMMISSIONING. This section requires the following, “Perform total building commissioning following ASHRAE Guideline 0‐2005. The Contractor shall hire the Commissioning Authority, certified as a Commissioning Authority by AABC, NEBB, or TABB, as described in the ASHRAE Guideline for the Commissioning Process.” Q: Please verify the requirement to include all costs in the offeror’s proposal in order to provide the requirements in 2.11.2 Testing and Commissioning. For a project of this small size, type of HVAC equipment, time frame, and dollar value, the requirement to hire an independent Commissioning Authority seem excessive.

A25. This requirement contributes to the overall goals of this project in that it is intended to confirm the proper functioning and effectiveness of the building systems deployed in the prototype complex. The commissioning activities may be performed up to 14 calendars days after the 120 day period. Price for these activities is to be included in Item 003 on the price schedule, “Study Reports and Data Collection”.

26. Page 143 of 379. RFP Section 3.5.2 Design Submittals. This section states that the Government will have a minimum of 14 calendar days for each design review. Based on a total of four design submissions – as required by Section

1.3.1 (Preliminary Site Design & Reports – 10%, General Design ‐ 65%, Final Design ‐ 95%, and Cleared for Construction ‐ 100%), the total USG time for design reviews is 56 calendar days. Of a total project allotted time of 120 calendar days, the USG’s review time is 46% of the total project time with only two months for “construction” (permitting, site work, fabrication, installation and commissioning). This does not seem realistic. We request either a total project schedule extension, or a reduction in USG review time.

A26. Review periods are revised to 5 business days for the design submittals. As described in Section 01 33 00, the Government may approve partial design submittals (e.g. for the utilities/site work). If the Government believes that its review comments are well understood and have been satisfactorily addressed on a marked‐up drawing package, the Government may provide a release for construction at the 95% review meeting to expedite start of construction work (although this does not relieve the Contractor of the requirement to submit a 100% package).

27. Page 143 of 379. RFP Section 3.5.4 Post Design Construction Submittals. This section states that the Government will have a minimum of 14 calendar days for each post design submittal review. Combined with the review time noted in the above comment, construction time is further reduced.

A27. Refer to paragraph 1.3.4.1 of Section 01 33 00 for a list of construction submittal types that are Government Approved. Other submittals may be submitted For Information Only (FIO) and signed by the Contractors Quality Control Engineer, provided that there are no variances from the approved design.

28. Page 146 of 379. RFP 3.7.2 – This section states, “The Contractor shall have someone other than the designer or design team, perform an Independent Technical Review of all specifications, drawings, design analysis, calculations, and other required data prior to submission to the Government. This review shall ensure the professional quality, technical accuracy, and the coordination of all design analysis, drawings and specifications, and other services furnished under this Contract have been accomplished.”

Please verify this requirement. If valid, this requirement appears extreme given the scope of the proposed project. Additionally, it adds substantial costs, time, etc. With a total project schedule of 120 calendar days, it does not appear that enough time is available for the offeror to develop four separate design submissions, have each design submission independently verified, and allow the USG a minimum of 14 days for review for each design submission?

A28. The Contractor is responsible for Quality Control of all deliverables under the contract, to include submittals. The Independent Technical Review may be performed by an individual or group within the Contractor’s organization, but who did not actually prepare the design.

29. Page 153 of 379. RFP 01 35 26 Safety – please clarify exactly how many safety positions the contractor is to provide on the NYC/Brooklyn job site. Does the contractor need to provide 1. A Site Safety Manager ‐ An individual currently certified by the New York City Department of Buildings as a Site Safety Manager, and 2. The Contractor shall provide a Safety oversight team that includes a minimum of one (1) Competent Person at each project site to function as the Safety and Health Officer (SSHO).” It appears that the Site Safety Manager is a separate position from the Safety and Health Officer, even though both need to be certified by the New York City Department of Buildings.

A29. The SSHO and Site Safety Manager may be the same person. Although that individual must meet all qualification requirements.

30. Page 181 of 379. RFP 3.2.2 Additional Requirements for Design Quality Control Plan. This section states, “As a minimum, all documents must be technically reviewed by competent, independent reviewers identified in the DQC Plan. The same element that produced the product shall not perform the independent technical review (ITR). Correct errors and deficiencies in the design documents prior to submitting them to the Government.” Please verify this requirement. If required, there does not appear to be enough time in the schedule in order to complete this project within the 120‐calendar day mandated time frame.

A30. The Contractor is responsible for Quality Control of all deliverables under the contract, to include submittals. The Independent Technical Review may be performed by an individual or group within the Contractor’s organization, but who did not actually prepare the design.

31. Page 183 of 379. RFP Section 3.4.3.2 Experience Matrix. This section lists eight (8) positions – six (6) of which must be degreed – of personnel who must be on site during construction. These positions are part of the Quality Control organization, which must be maintained at “full strength at all times”. The requirements of this section appear excessive given the nature of the project and an anticipated on site construction and assembly time frame of approximately 30 calendar days. Additionally, based on the fact that the modules/containers are to arrive complete, the anticipated size of the CQC organization is equal to or more than the number of construction personnel who might also be on site, at any given time. This could also easily be 20% of your overall budget. Please consider modifying this requirement in light of the project scope.

A31. This specification section is revised with this amendment.

32. Page 211 of 379. RFP Section 1.7.1.2 Maintenance. This section states, “Operating, Maintenance, and Repair Manuals. Provide separate manuals for each utility system as defined hereinafter. Submit Operations and Maintenance manuals for approval before field training or 90 days before substantial completion (whichever occurs earlier).” 90 days before substantial completion is earlier and would equate to approximately 30 days after contract award, but before design completion. Please clarify and revise this requirement.

A32. Section 01 78 02, paragraph 1.7.1.2 is revised such that O&M manuals are to be provided 7 days before substantial completion.

33. Page 215 of 379. RFP Section 1.8 Field Training. This section states, “Field Training is a requirement for substantial completion. Conduct a training course for the operating staff for each particular system. Conduct the training is to be conducted during hours of normal working time after the system is functionally complete. The field instructions shall cover all of the items contained in the Equipment Operating, Maintenance and Repair Manuals. The training will include both classroom and "hands‐on" training. Submit a lesson plan outlining the information to be discussed during training periods. Submit this lesson plan for approval 90 days before contract completion before the field training occurs.”

Since the contractor is to perform all maintenance during the one or two year lease period, please clarify this requirement. It does not appear to apply and should be deleted. Also, to submit the lesson plan 90 days before contract completion implies plan submission within 30 days of contract award. Again, this would be prior to final design approvals, etc., which is inconsistent.

A33. Section is revised with this amendment.

34. Page 75 of 379. RFP Section 1.2. This section states, “The contract amount will be subject to the funds available for this project. The target price for the contract award is to not exceed $1,015,000.00. Offerors are notified that they are under no obligation to approach this target. However the Government may not be able make an award if the dollar amount set for this project is exceeded.”

Page 13 of 379 states, “TOTAL BASE OFFER (CLINs 0001 – 0005), TOTAL OPTIONS (CLINs 0006 – 0012), and TOTAL OFFER = (BASE + ALL OPTIONS).” Please state what the project funds of $1,015,000 are to cover. Does the $1,015,000 cover only the Total Base Offer? Or does the $1,015,000 cove the base + options i.e. the Total Offer? Especially since some options are mutually exclusive of others.

A34. A contract award may not be possible if the Base Offer exceeds the target price.

35. Page 87 of 379. RFP Section 2.1. This section states, “As part of the evaluation, the Government will evaluate betterments in proposals relative to the minimum standards in the RFP to determine if they offer additional value to the Government.” No criteria are provided on how the USG is going to evaluate betterments. For example, all things being equal Contractor A proposes a betterment in terms of the HVAC system with a value of $30,000. Contractor B (equal in all other Factors to Contractor A) proposes a betterment in terms of more durable finishes, also with a value of $30,000. How does the USG evaluate/rank one particular betterment versus the other? There might be many types of betterments in terms of durability, innovation, operating costs, quantities, life cycle costs, sustainability, etc. It would appear that the evaluation of betterments is entirely subjective.

A35. The evaluation criteria, evaluation factors and subfactors, and their relative importance are described in Section 00 22 11 (see tables at paragraph 4). The ratings consider the betterments offered relevant to the individual factor, subfactors and elements.

36. Page 117 of 379. RFP Section 2.10.4 Utility Services. This section states, “Enter into contracts or subcontracts for electricity, telephone, vermin extermination and other services or such of them as shall be advisable, provided, however, that the contractor has obtained the prior approval of the COR.” How and when will the “advisable” services be determined? Who pays for utility services during the occupancy period? If the contractor, how is the contractor to assume usage, etc. in order to determine anticipated monthly utility bills and is this cost to be included in the propose pricing covered by the $1,015,000 budget?

A36. See revisions to Section 01 10 00, paragraph 2.10.4 and Price

Schedule for clarification. The contractor shall be responsible for payments for electric, water and sewer utilities throughout the contract period. The contractor shall be the account holder. The Contractor shall be required to submit copies of paid invoices for the utility services. The services will be reimbursed by the Government at the actual cost. The requirement for telephone service has been deleted.

37. Page 206 of 379. RFP Section 1.5.2.1 – Warranty Management Plan. Is a Warranty Management Plan required? Since the USG never takes possession of the buildings, and since the Contractor is responsible for maintenance, the purpose of the Warranty Management Plan is not clear. Please clarify or delete this requirement.

A37. With respect to construction work performed at the project site, such as site preparation work and site restoration work, the warranty management plan is required to demonstrate an acceptable approach to management of a one‐year overall warranty of construction. The warranty management plan should also address the contractor’s approach to warranty items related to the complex during the occupancy period. Additionally, in the event that the option for transfer of ownership is exercised, the warranty management plan shall address one‐year overall warranty period beginning at time of transfer, as well as any items for which longer warranty periods are offered. This specification section has been revised with this amendment.

38. The RFP references in several locations the requirement (during the proposal phase) for schematic design documentation, and not final design documents – see page 89 of 379 – “Fully developed drawings, details, or specifications are not required or desired. The intent during the proposal submission and review process is not to require detailed design effort or to perform a detailed design engineering review but to focus on the conceptual design and quality levels of the proposed materials and systems.” However, in Appendix A‐5 Design Standards and Performance, reference is made to more detailed requirements. For example, page 270 of 379 states, “The vendor shall provide technical sanitary system design information in their proposal including calculations.” Please verify or delete this requirement as it necessitates engineering design and not schematic design development.

A38. 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).

39. Page 98 of 379. RFP Section 7.1.1.4 Quality Control. This section states, “There is no need to submit a formal quality control plan as the successful Offeror will provide that after award.” However, according to Appendix A‐5, page 274 of 379, Section QA/QC, “The vendor’s proposal shall include a fully documented Quality Assurance/Quality Control (QA/QC) Program with all relevant documentation, protocols, staff and procedures included within the proposal.”

Please clarify/resolve this conflict.

A39. Sections L and M describe the proposal submission requirements. No

Appendix A‐5, the term “vendor’s proposal” refers to submittals provided after contract award (e.g., in the design submissions).

40. Page 274 of 379. RFP Appendix A‐5 Section QA/QC. This section states, “QA/QC should be monitored by a independent third party inspection agency during both design phase and manufacturing process to ensure adherence to all relevant codes as well as the additional requirements detailed in this document. Third party QA/QC monitoring should be conducted on a daily basis by a recognized engineering firm with no conflicts of interest with the manufacturer and its contractors.

QA/QC and in‐plant production is also subject to the monitoring of OEM.” Please clarify these requirements. Typically during manufacturing, modular company use a combination of in‐house QA/QC and independent third party QC companies. During manufacturing, the third party companies do not monitor QA/QC on a daily basis.

Additionally, please verify the requirement that the USG wants the third party inspection agency to provide QA/QC during the design phase, which is not typical.

And, this appears in addition to the other requirement for the offeror to hire an independent engineering firm, to also independently review design documentation.

A40. The Contractor is responsible for the quality control of all aspects of work included in the contract. This may include independent third‐party inspections during the Design Phase, however that is not mandatory. It does, however include third‐party inspections required for compliance with New York City Construction Codes. NOTE: NYC Department of Buildings, BUILDINGS BULLETIN 2011‐009, describes a process by which a firm may be designated as an approved fabricator. In such cases, certain Special Inspections may not require 3rd party performance.

41. Page 274 of 379. RFP Appendix A‐5 Section Installation. This section states, “Proposals to include detailed installation plans and information regarding what unit specific training is required.” This is in conflict with Sections L and M of the RFP. Please resolve/clarify.

A41. Sections L and M describe the proposal submission requirements. No

Appendix A‐5, the term “vendor’s proposal” refers to submittals provided after contract award (e.g., in the design submissions).

42. Page 275 of 379. RFP Appendix A‐5 Section Warranty. This section states, “Vendor’s proposal shall indicate the terms of all warranties and all exclusions within that warranty.” This is in conflict with Sections L and M of the RFP.

Please resolve/clarify.

A42. Sections L and M describe the proposal submission requirements. No

Appendix A‐5, the term “vendor’s proposal” refers to submittals provided after contract award (e.g., in the design submissions).

43. Page 262 of 379. Attachment A‐5. Modular Unit Size. This section states, “The overall exterior dimensions of the vendor’s proposed standard modular shall be within the maximum limits established for highway, rail and cargo ship transport.” Please clarify that the USG is allowing vendors flexibility with regard to unit size up to maximum limits. For example, there are any number of limits established for highway transportation, some requiring special permits, some requiring police escort, some requiring only night time driving. We assume that as long as the vendor/offeror is within these very broad limits, the USG will accept the proposed sizes i.e. we are not constrained to a typical ISO container size limitation. Please clarify/verify.

A43. Correct, strict adherence to ISO container sizing is not required.

It is acceptable to proposed module sizes that require special permits for transportation, provided that the Contractor obtains all such permits and permissions as are required to deliver the units to the project site. Note that the flexibility of the solution for alternate deployment scenarios is among the aspects of the proposal to be evaluated and greater flexibility in modes of transport is preferable.

44. General Question: Who is to provide insurance during the occupancy period?

This type of insurance is not typical for construction contractors to provide. If the contractor is to provide insurance, what type of coverage and what minimum amounts.

A44. The Contractor shall retain ownership of the units throughout the occupancy period, and therefore should maintain appropriate insurance as to protect its interest.

45. General Question: Who is responsible for internal unit vandalism during the occupancy period?

A45. The Contractor shall retain ownership of the units throughout the protect its interest. The responsibility of the Government is limited to cover acts taken directly by the Government or its representatives.

46. General Question: Who is responsible for missing/pilfered furniture, kitchen equipment, etc. during the occupancy period?

A46. The Contractor shall retain ownership of the units throughout the protect its interest. The responsibility of the Government is limited to cover acts taken directly by the Government or its representatives.

47. Section H p21, para 1.17. Supplemental price breakdown info – “for programming validation”? What does this mean?

A47. This requirement has been deleted.

48. Section H p21, para 1.24. Is the contractor responsible for locating existing utilities at the site?

A48. Existing site survey is included in Appendix B‐1. The locations for street connections to utilities are shown. However the Contractor is responsible to make proper notice prior to excavation in order to ensure safe digging in accordance with NY State and New York City laws and regulations.

49. Section I p45, clause 52.228‐1. Discusses bid guarantee (bid bond) but not mentioned on sf 33 docs. Mentioned again on p 103. Is it required? Also, there is no information on performance or payment bonds – are they required?

A49. Yes, a bid bond is required in accordance with clause 52.228‐1.

Performance and Payment Bonds are required. FAR clause 52.228‐16 Performance and Payment Bonds ‐ Other Than Construction has been added by this amendment. A performance bond on Standard Form 1418 and a payment bond on Standard Form 1416 will be required to be submitted by the contractor within 10 days after contract award.

50. Section 01 10 00 p114, para 1.4. “Install Lead Time” shall not be greater than the maximum duration of 120 days. Does this include design and USG review/approvals time?

A50. Yes.

51. Section 01 10 00 p117, SOW para 2.10. Will the property management include finding and screening tenants? Please provide all requirements for anticipated property management services.

A51. No. During the Occupancy Period, the Government shall determine the individuals making use of the facility and the nature of that use, which may not necessarily be full time tenancy for any or all of the individual units. The Government may, for example, have one or more of the units available for only periodic visits or vacant for extended periods.

52. Section 01 10 00 p117, SOW para 2.10. Will the property management include collecting rent? Please provide all requirements for anticipated property management services.

A52. No, the Contractor is not responsible to and shall not collect rent for the use of the facility. All payments to the Contractor shall be made under this contract by the US Army Corps of Engineers in accordance with the terms of the contract.

53. Section 01 10 00 p117, SOW para 2.10. Will the property management include evictions and other actions? Please provide all requirements for anticipated property management services.

A53. No. During the Occupancy Period, the Government shall determine the necessarily be full time tenancy for any or all of the individual units. The Government may, for example, have one or more of the units available for only periodic visits or vacant for extended periods. The Government will vacate the complex upon completion of the occupancy period.

54. Section 01 10 00 p117, para 2.10.4. Who pays for utilities during the occupancy period?

A54. The Contractor shall make payments for electric, water and sewer…