Amendment R0001 - W912DW21R0023 (Main) w-Spec.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

RFP W912DW-21-R-0023

Amendment R0001

(Please see continuation page for more details)

1. CONTRACT ID CODE PAGE OF PAGES

J 1 23

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

16C. DATE SIGNED

BY 29-Jul-2021

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 W912DW21R0023

X 9B. DATED (SEE ITEM 11)

12-Jul-2021

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

29-Jul-2021

CODE

USA ENGINEER DISTRICT, SEATTLE

ATTN: CENWS-CT

4735 EAST MARGINAL WAY SOUTH, BLDG. 1202

SEATTLE WA 98134-2388

W912DW 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912DW21R0023

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE (SF 30)

The following have been added by full text:

SUMMARY OF CHANGES

Amendment one (0001) provides for the following:

1. Sections/Drawings: The following sections are revised:

00 22 00 (Revised) 33 57 55 (Revised)

2. Provisions/Clauses: Several provisions/clauses are revised.

3. The proposal submittal time and date of 1:00 PM LOCAL TIME, 11 August 2021 remains the same.

4. The attached revised sections are to be replaced in their entirety. Specification changes are generally identified for convenience, either by strikeout for deletions, and underlining of text for additions or a single dark line in the margin. All portions of the revised sections shall apply whether or not changes have been indicated.

5. NOTICE TO OFFERORS: Offerors must acknowledge receipt of all amendments, including this amendment, by number and date on offer.

SECTION 00 21 00 - INSTRUCTIONS

The following have been modified:

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

SECTION 00 22 00 - SUPPLEMENTARY INSTRUCTIONS

EVALUATION FACTORS

SECTION 00 22 00

BASIS OF AWARD AND EVALUATION FACTORS FOR AWARD

Amendment R0001

1.0 BASIS OF AWARD

Award of this Contract will be made to the responsible Offeror submitting the Lowest Priced Technically Acceptable (LPTA) proposal in accordance with Federal Acquisition Regulation (FAR) 15.101-2. This solicitation will result in the award of a firm-fixed price construction contract.

The evaluation of each proposal will be solely on the basis of evaluation factors found in this section (00 22 00). The

Government will evaluate each proposal on an Acceptable/Unacceptable basis only with respect to the non-price evaluation factors (criteria) described herein. In order to be considered for award, a proposal must be rated Acceptable in every non-price factor. Award will be to the Offeror who presents the Acceptable proposal (Factors 1 and 2) with the overall total lowest price (based on the total of all line items on the Bid/Price Schedule).

The Offeror’s proposal shall contain a response to all factors and meet the minimum submittal requirements stated.

Penalty for making false statements in proposals is prescribed in 18 U.S. Code § 1001.

In accordance with FAR 15.306(a)(3), the Government intends to evaluate proposals and make award without discussions.

2.0 FACTORS TO BE EVALUATED

TABLE 1: Technical and Non-Technical Evaluation Factors and Price

Factor: Description:

Factor 1 RELEVANT CONSTRUCTION EXPERIENCE OF OFFEROR.

Factor 2 PAST PERFORMANCE OF PRIME

Acceptability of your proposal will be based on all non-price Factors receiving an acceptable rating by the Government (Please see the evaluation method of each Factor below of how “acceptability” will be determined in

Factors 1 and 2). The proposal will be evaluated according to the criteria for each Non-Price Evaluation Factor of this section.

3.0 EVALUATION PROCESS:

Proposals will be evaluated by a Source Selection Evaluation Board.

The evaluation process consists of three parts:

1) Proposal Compliance Review. This is an initial review to ensure all required forms and certifications are complete, and a complete proposal is received. The initial review of each of the proposals will be conducted to check for apparent errors, omissions and areas which require clarification. The purpose of this preliminary review session is to eliminate minor irregularities or apparent clerical mistakes. This preliminary evaluation will ensure each proposal contains the Volume I (Technical) and Volume II (Price) separately and the correct number of copies.

2) Relevant Experience and Past Performance. Relevant Experience and Past Performance will be evaluated according to the Non-Price Evaluation Factors found within this section (00 22 00).

3) Price Evaluation. The Government will evaluate price for fairness and reasonableness through the use of price analysis in accordance with FAR 15.404-1(b). Price will also be verified for unbalancing of line items in accordance with FAR 15.404-1(g).

3.1 Definitions:

a) Clarification is a limited exchange with an Offeror for the sole purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the proposal or to address adverse past performance not previously addressed with the Offeror. Clarifications do not give an Offeror the opportunity to revise or modify its proposal and are used, as necessary, when not opening discussions.

b) Communications are a limited exchange with an Offeror used to assist in determinations of the competitive range. Communications are limited to enhancing Government understanding of proposals and addressing adverse past performance information not previously addressed if said information is the determining factor preventing an Offeror from being included in the competitive range. Such communications shall not be used to cure proposal deficiencies or material omissions, or otherwise revise the proposal.

c) Discussions are exchanges (i.e., negotiations) in a competitive environment that are undertaken with the intent of allowing the Offeror to revise its proposal. Discussions take place after establishment of the competitive range. See FAR 15.306(d).

d) Past Performance is the assessment of the Offeror’s probability and meeting the minimum past performance requirements.

e) Lowest Price Technically Acceptable (LPTA) is a process used in competitive negotiated contracting where the best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price. See FAR 15.101-2.

f) Relevant refers to paragraph 5.1 “Relevant Construction Project”

g) Similar is not identical but showing a resemblance in qualities or characteristics of the project.

h) Complexity means the many varied elements of work or sequencing of the work required for a similar project.

i) Magnitude means the dollar value of the project examples

j) Year is 365 consecutive dates.

k) Source Selection is the process used in competitive, negotiated contracting to select the proposal that offers the best value to the Government.

4.0 EVALUATION FACTORS:

4.1 Non-Price Evaluation Factors:

Proposals shall concisely, accurately, and completely provide the information required for each of the following non-price evaluation factors.

NOTE: Absence of complete information will be deemed as if no support information was provided for that factor. Proposals which do not meet the minimum requirements of any non-price evaluation factors shall be determined to be UNACCEPTABLE and are not eligible for award consideration. NO assumptions may be made by the Government. Your proposal must clearly demonstrate the requisite experience to receive an acceptable rating for each of the following factors:

Table 2: Evaluation Factors: Location: Description:

Factor 1 Volume 1, Tab A

RELEVANT CONSTRUCTION

EXPERIENCE OF OFFEROR.

Factor 2 Volume 1, Tab B PAST PERFORMANCE OF PRIME

5.0 FACTOR 1 – Relevant Experience of the Prime:

5.1 Definitions for Factor 1:

For the purpose of Factor 1, the following definitions (characteristics) will apply:

• Key Subcontractor means a subcontractor who at a minimum directly performed at least 51% of all of the major or critical aspects of a “relevant” construction project, which includes fuel receiving, offloading, storing, and transferring/dispensing vehicle or aviation fuels system(s) that are similar in scope, and complexity to that of the proposed project scope.

• Relevant Construction Project means a project that shall encompass the following four elements: 1) receiving, 2) offloading, 3) storing, and 4) transferring/dispensing (i.e., pumps, filters, and pipes, etc.) of ground fuel products (e.g., gasoline, diesel, biodiesel, E-85, etc.) or aviation (e.g., Jet A, JP-8, etc.) fuels system(s) that are similar in scope and complexity to that of the proposed project scope. To be acceptable, there must be a logical connection that demonstrates how the provided project is relevant to the proposed project scope.

5.2 Submission Requirements for Factor 1 (The page limit for this factor is two (2) typewritten pages per relevant construction project with a minimum 10-point font):

The Offeror shall submit a minimum of two (2) and no more than four (4) “Relevant Construction Project” examples. If more than four (4) projects are submitted, only the first four will be evaluated in the order they are presented in the proposal. Within six (6) years of the issue date of this solicitation, i.e., on or before the issue date of this solicitation All, all submitted projects shall be 1) 100 percent construction complete and accepted by the client, or 2) at a minimum have successfully completed and passed the final system commissioning phase (must provide proof of certified and dated final commissioning report to include commissioning agent signature). and completed within six (6) years of the issue date of this solicitation, i.e.

all submitted projects shall have a completion date on or before the issue date of this solicitation.

At least one (1) project example shall have been performed by the Offeror as the Prime Contractor or as part of a Joint Venture. Other project examples may have been performed by the Offeror acting as a Key Subcontractor or performed by a proposed Key Subcontractor.

Note: If submitting a project performed by a Key Subcontractor, Attachment 2, Letter of Commitment for Key Subcontractor, shall be provided.

Offeror shall demonstrate specific minimum experience in the following areas:

• 5.2.1: At least one (1) “Relevant Construction Project” example shall: 1) be constructed on a

Department of Defense (DoD) installation; 2) be constructed in accordance with the Unified Facilities Criteria (UFC) 3-460-01; 3) include a description of the means and methods of the project’s commissioning and system start-up in accordance with general requirements detailed in UFGS 33 08 55; and 4) have a minimum magnitude equal to or greater than $7M.$8M.

• 5.2.2: At least one (1) “relevant construction project” example shall: 1) include a minimum of any two

(2) of the four (4) elements identified in the definition of a Relevant Construction Project; 2) be constructed in accordance with the Unified Facilities Criteria (UFC) 3-460-01 (or for commercial construction must meet the general intent outlined in the UFC); 3) include a description of the means and methods of the project’s commissioning and system start-up in accordance with UFGS 33 08 55 (or for commercial construction must meet the general intent outlined in the UFGS); and 4) have a minimum magnitude equal to or greater than $4M.

• 5.2.3: At least one (1) project example which includes vertical construction of a 200 square foot or larger Petroleum, Oil, & Lubricants (POL) operations building shall be provided, either as an example of submitted projects outlined in paragraphs 5.2.1 or 5.2.2 or as a separate stand-alone project. Project example should be similar in scope and complexity to the vertical construction of the proposed project scope as it relates to POL facility construction, HVAC, mechanical, electrical, and plumbing features. There is no minimum magnitude.

• 5.2.4: Using a Relevant Experience Matrix as shown below in Table 3 (using identical column and row label text), clearly identify (mark with “X”) to which phase of fueling systems each “relevant” project example submitted under 5.2.1, 5.2.2, and 5.2.3 pertains.

Table 3: Factor 1 – Relevant Experience Matrix

Receiving

Offloading

Storing

Transferring/

Dispensing

POL

Operations

Building

Project – IAW Para. 5.2.1

Para 5.2.2

Para 5.2.3

Use Attachment 1, Offeror or Key Subcontractor Experience Form. Use one form for each project. Offeror should describe each project with enough detail to ensure that the Government can meaningfully assess whether the project(s) submitted were recent and relevant to this project. Indefinite-Delivery, Indefinite Quantity (IDIQ) Contracts, where numerous Task Orders are summed up to meet the minimum construction dollar value identified herein, are not acceptable.

Notes:

• If the Offeror is submitting any projects as a partner of a Joint Venture (JV), the DUNS and CAGE Code for each firm representing the JV must be included in the proposal. (See Attachment 1). Submit a copy of the fully executed Joint Venture Agreement (See Section 00 21 00 for details).

• Any substitution of Key Subcontractor(s) after contract award will be subject to the approval of the Contracting Officer and must have qualifications and experience equal to or greater than those of the proposed Key Subcontractor(s).

• For project(s) submitted where work was performed as a Key Subcontractor as opposed to a Prime Contractor, the Offeror must submit a separate statement (in a ddition to the Offeror Experience Form) that includes the total contract amount, the dollar amount of the work performed as the Key Subcontractor, a description of the elements of work specifically completed by the Offeror (or the

Offeror’s Key Subcontractor) while working as a Key Subcontractor, and the percentage of work performed as the Key Subcontractor. The statement must also justify how the Offeror (or the Offeror’s Key Subcontractor) meets the definition of “Key Subcontractor” in the context of the example project(s) submitted. The statement must not exceed one (1) 8.5” x 11” double-sided page or two (2) 8.5” x 11” single-sided pages, regardless of the total number of projects submitted where work was performed as a Key Subcontractor.

5.3 Rating Method and Standard for Factor 1– Relevant Construction Experience of Offeror:

The Government reserves the right to verify the experience record of submitted projects by reviewing the Contractor

Performance Assessment Reporting System (CPARS) and Past Performance Information Retrieval system (PPIRS), when available.

Table 4 will be used to evaluate Factor 1:

Table 4: Technical Acceptable/Unacceptable Rating Method

Rating: Description:

Acceptable: Proposal meets the requirements of the solicitation.

Unacceptable: Proposal does not meet the requirements of the solicitation.

• A rating of Acceptable will be given if all of the criteria for Factor 1 are met.

• A rating of Unacceptable will be given if any of the criteria for Factor 1 is not met.

• Should the Offeror receive an Unacceptable rating for any portion of Factor 1, the overall Factor will be rated Unacceptable.

6.0 FACTOR 2 (Volume 1, Tab B) – Past Performance of Offeror:

6.1 Submission Requirements for Factor 2:

The past performance evaluation is an assessment of the Offeror’s probability of meeting the minimum RFP requirements. This assessment is based on the Offeror’s record of relevant and recent past performance information that pertains to the scope of work as outlined in the RFP requirements

Each Offeror’s past performance will be evaluated to determine whether the Offeror’s past performance is recent, and relevant or not relevant to the RFP, for each project submitted under Factor 1 (at least two but no more than four projects). Recent and relevant projects are those projects completed within the past six (6) years from the RFP issue date featuring work which is similar in scope, magnitude and complexity to what is required in the RFP.

Next, the past performance will be evaluated to determine how well the Offeror performed on the prior contracts. If the proposal is from a Joint Venture or Partnership, Past Performance information for each partner will be reviewed.

At a minimum, the Government will review past performance information from the Contractor Performance Assessment Reporting System (CPARS) and Past Performance Information Retrieval System (PPIRS), when available.

NOTE: If a CPARS rating is not available for ALL projects submitted under Factor 1, Relevant Experience of the Prime, Offerors are strongly urged to submit a Past Performance Questionnaire (PPQ) for those project(s).

An Offeror should not submit a PPQ when a completed CPARS evaluation is available. If both are submitted, only the CPARS will be evaluated. If the Offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the Offeror should complete and submit with the proposal the first page of the PPQ

(Attachment 3), which will provide contract and client information for the respective project(s).

If the client requests, PPQs may be submitted directly to the Government's point of contacts, Curt Stepp, via email at Curt.D.Stepp@usace.army.mil and Caroline Mueller at caroline.b.mueller@usace.army.mil prior to the proposal closing date and time. The Offeror shall instruct the clients to refer to the RFP number in the subject line. The

PPQs are Source Selection materials. All successfully submitted PPQs will receive an email confirmation upon receipt. If the Offeror does not receive the confirmation, it is its responsibility to follow up to ensure the Government has received the information before the due date of your proposal.

Additional sources of Past Performance information for evaluation include, but are not limited to, the following:

• Offeror may submit past performance information using the attached Past Performance Questionnaire (PPQ) for projects completed within six (6) years submitted under Factor 1, Relevant experience of the

Prime.

• The Government may obtain past performance information from other established systems such as the

Electronic Subcontract Reporting System (eSRS) or other databases; as well as from other sources available to the Government, such as the Defense Contract Management Agency; and interviews with Government personnel with personal knowledge of the Offeror’s performance capability , interviews with organizations familiar with the Offeror’s performance, among others.

While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror. Offeror may provide explanation on problems encountered on past projects and the corrective actions taken by the Offeror.

6.2 Rating Method and Standard for Factor 2 – Past Performance of the Prime:

Table 5 will be used to evaluate Factor 2:

Note: In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the Offeror shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered acceptable.

7.0 PRICE:

Price Evaluation:

Award will be made to the Offeror who present the Acceptable proposal (Factors 1 and 2) with the overall total lowest price. The Government will evaluate offers for award purposes by totaling all line items of the Bid/Price

Schedule.

This Source Selection is conducted with the expectation of adequate price competition – normally competition establishes price reasonableness and a comparison of proposed prices will satisfy the requirement to perform a price analysis. A price reasonableness approach will be utilized by the Government to determine that the proposed prices are fair and reasonable as described in FAR 15.305(a)(1).

All offers with separately priced line items or sub-line items will be analyzed to determine if the prices are unbalanced (FAR 15.404-1(g)). The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items and/or sub-line items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

Table 5: Past Performance Acceptable/Unacceptable Rating Method

Rating: Description:

Acceptable

Based on the Offeror’s performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort, or the Offeror’s performance record is unknown. (See Note below)

Unacceptable Based on the Offeror’s performance record, the Government does not have a reasonable expectation that the Offeror will be able to successfully perform the required effort.

SECTION 00 22 00 - ATTACHMENT 1

OFFEROR or KEY SUBCONTRACTOR EXPERIENCE FORM Amendment R0001

PLEASE USE THIS FORM PER SUBMITTED PROJECT

Factor 1 – Relevant Construction Experience of Offeror

Note: A separate Word version of this document will be accessible on beta.sam.gov

• 5.2.1: At least one (1) “Relevant Construction Project” example shall: 1) be constructed on a Department of Defense (DoD) installation; 2) be constructed in accordance with the Unified Facilities Criteria (UFC) 3-460-01; 3) include a description of the means and methods of the project’s commissioning and system start -up in accordance with general requirements detailed in UFGS 33 08 55; and 4) have a minimum magnitude equal to or greater than $7M$8M.

• 5.2.2: At least one (1) “relevant construction project” example shall: 1) include a minimum of any two (2) of the four (4) elements identified in the definition of a Relevant Construction Project; 2) be constructed in accordance with the Unified Facilities Criteria (UFC) 3-460-01 (or for commercial construction must meet the general intent outlined in the UFC); 3) include a description of the means and methods of the project’s commissioning and system start-up in accordance with UFGS 33 08 55 (or for commercial construction must meet the general intent outlined in the UFGS); and 4) have a minimum magnitude equal to or greater than $4M.

• 5.2.3: At least one (1) project example which includes vertical construction of a 200 square foot or larger Petroleum, Oil, & Lubricants (POL) operations building shall be provided, either as an example of submitted projects outlined in paragraphs 5.2.1 or 5.2.2 or as a separate stand-alone project. Project example should be similar in scope and complexity to the vertical construction of the proposed project scope as it relates to POL facility construction, HVAC, mechanical, electrical, and plumbing features. There is no minimum magnitude.

Provide the following information to show examples of projects your company constructed within the last six (6) years indicating experience with recent and relevant projects.

1. Name of Offeror:

2. Project Title:

3. Contract/Project Number:

4. Project Owner and Location:

5. Total Contract Value: $

(Final value)

6. If submitting project performed by a JV, provide the DUNS number and Cage Code for each member:

7. Offeror acting as Subcontractor or performed as Key Subcontractor (Yes or No)

8. If Offeror performed as Subcontractor, the $-value of Subcontract: $

9. Construction Phase Start Date (Month/Day/Year):

10. Original Construction Phase Completion Date (Month/Day/Year):

11. Actual Construction Phase Completion Date (Month/Day/Year):

12. Name of Owner/Client POC:

13. Telephone Number of Owner/Client POC:

14. Email Address of Owner/Client POC:

15. General Scope of Construction Project:

ATTACHMENT 1 CONTINUED:

16. Describe/demonstrate how the project is relevant to the RFP in the following areas, as defined in Factor 1:

(a) Complexity:

(b) Magnitude/Cost:

(c) Scope:

17. Describe your role and responsibility during construction of the project (indicate whether your firm performed as a prime or subcontractor and what percentage of work you self-performed and/or type of work you subcontracted out, if applicable).

18. Summarize the performance evaluation by Customer/Client, if known:

19. Were you issued a Cure Notice, Show Cause Letter, Terminated for Default and/or Assessed Liquidated

Damages? (If “Yes” provide an explanation):

SECTION 00 22 00 – ATTACHMENT 2

LETTER OF COMMITMENT FOR KEY SUBCONTRACTOR

(USE COMPANY LETTERHEAD)

TO: Contracting Officer

SUBJECT: Letter of Commitment for Proposed Contract for

Dear Sir or Madam:

I hereby make the unequivocal commitment that, in the event of an award of a contract to (Fill in name of Prime), that (insert name of subcontractor) will fulfill the duties of (state role on a project).

Sincerely, (Authorized Official of Prime)

Date:

(Authorized Official of Subprime)

Date:

SECTION 00 22 00 – ATTACHMENT 3

THE PAST PERFORMANCE QUESTIONNAIRE (PPQ)

NAVFAC/USACE PAST PERFORMANCE QUESTIONNAIRE (Form PPQ-0)

CONTRACT INFORMATION (Contractor to complete Blocks 1-4)

1. Contractor Information Firm Name: CAGE Code:

Address: DUNs Number:

Phone Number:

Email Address:

Point of Contact: Contact Phone Number:

2. Work Performed as: Prime Contractor Sub Contractor Joint Venture Other (Explain) Percent of project work performed:

If subcontractor, who was the prime (Name/Phone #):

3. Contract Information Contract Number:

Delivery/Task Order Number (if applicable):

Contract Type: Firm Fixed Price Cost Reimbursement Other (Please specify):

Contract Title:

Contract Location:

Award Date (mm/dd/yy):

Contract Completion Date (mm/dd/yy):

Actual Completion Date (mm/dd/yy):

Explain Differences:

Original Contract Price (Award Amount):

Final Contract Price (to include all modifications, if applicable):

Explain Differences:

4. Project Description:

Complexity of Work High Med Routine How is this project relevant to project of submission? (Please provide details such as similar equipment, requirements, conditions, or other)

CLIENT INFORMATION (Client to complete Blocks 5-8)

5. Client Information

Name:

Title:

Phone Number:

Email Address:

6. Describe the client’s role in the project:

7. Date Questionnaire was completed (mm/dd/yy):

8. Client’s Signature:

NOTE: CLIENTS ARE HIGHLY ENCOURAGED TO SUBMIT QUESTIONNAIRES DIRECTLY TO THE

OFFEROR. HOWEVER, QUESTIONNAIRES MAY BE SUBMITTED DIRECTLY TO USACE. THE

GOVERNMENT RESERVES THE RIGHT TO VERIFY ANY AND ALL INFORMATION ON THIS

FORM.

ADJECTIVE RATINGS AND DEFINITIONS TO BE USED TO BEST REFLECT YOUR EVALUATION OF THE

CONTRACTOR’S PERFORMANCE

RATING DEFINITION NOTE

(E)

Exceptional

Performance meets contractual requirements and exceeds many to the Government/Owner’s benefit. The contractual performance of the element or sub-element being assessed was accomplished with few minor problems for which corrective actions taken by the Contractor was highly effective.

An Exceptional rating is appropriate when the

Contractor successfully performed multiple significant events that were of benefit to the

Government/Owner. A singular benefit, however, could be of such magnitude that it alone constitutes an Exceptional rating. Also, there should have been NO significant weaknesses identified.

(VG) Very Good

Performance meets contractual requirements and exceeds some to the

Government’s/Owner’s benefit. The contractual performance of the element or sub-element being assessed was accomplished with some minor problems for which corrective actions taken by the

Contractor were effective.

A Very Good rating is appropriate when the Contractor successfully performed a significant event that was a benefit to the Government/Owner. There should have been no significant weaknesses identified.

(S) Satisfactory

Performance meets minimum contractual requirements. The contractual performance of the element or sub-element contains some minor problems for which corrective actions taken by the Contractor appear or were satisfactory.

A Satisfactory rating is appropriate when there were only minor problems, or major problems that the Contractor recovered from without impact to the contract. There should have been NO significant weaknesses identified. Per

DOD policy, a fundamental principle of assigning ratings is that Contractors will not be assessed a rating lower than Satisfactory solely for not performing beyond the requirements of the contract.

(M) Marginal Performance does not meet some contractual requirements. The contractual performance of the element or sub-element being assessed reflects a serious problem for which the

Contractor has not yet identified corrective actions. The Contractor's proposed actions appear only marginally effective or were not fully implemented.

A Marginal is appropriate when a significant event occurred that the Contractor had trouble overcoming which impacted the Government/Owner.

(U) Unsatisfactory

Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element or sub-element contains serious problem(s) for which the Contractor's corrective actions appear or were ineffective.

An Unsatisfactory rating is appropriate when multiple significant events occurred that the Contractor had trouble overcoming and which impacted the Government/Owner. A singular problem, however, could be of such serious magnitude that it alone constitutes an unsatisfactory rating.

(N) Not Applicable

No information or did not apply to your contract

Rating will be neither positive nor negative.

Contractor Information (Firm Name): ________________________________________________

Client Information (Name): ________________________________________________________

TO BE COMPLETED BY CLIENT:

PLEASE CIRCLE THE ADJECTIVE RATING WHICH BEST REFLECTS

YOUR EVALUATION OF THE CONTRACTOR’S PERFORMANCE.

1. QUALITY:

a) Quality of technical data/report preparation efforts E VG S M U N

b) Ability to meet quality standards specified for technical performance E VG S M U N

c) Timeliness/effectiveness of contract problem resolution without extensive customer guidance

E VG S M U N

d) Adequacy/effectiveness of quality control program and adherence to contract quality assurance requirements (without adverse effect on performance)

E VG S M U N

2. SCHEDULE/TIMELINESS OF PERFORMANCE:

a) Compliance with contract delivery/completion schedules including any significant intermediate milestones. (If liquidated damages were assessed or the schedule was not met, please address below)

E VG S M U N

b) Rate the Contractor’s use of available resources to accomplish tasks identified in the contract

E VG S M U N

3. CUSTOMER SATISFACTION:

a) To what extent were the end users satisfied with the project? E VG S M U N

b) Contractor was reasonable and cooperative in dealing with your staff

(including the ability to successfully resolve disagreements/disputes;

responsiveness to administrative reports, businesslike and communication)

E VG S M U N

c) To what extent was the Contractor cooperative, businesslike, and concerned with the interests of the customer?

E VG S M U N

d) Overall customer satisfaction E VG S M U N

4. MANAGEMENT/ PERSONNEL/LABOR

a) Effectiveness of on-site management, including management of subcontractors, suppliers, materials, and/or labor force?

E VG S M U N

b) Ability to hire, apply, and retain a qualified workforce to this effort E VG S M U N

c) Government Property Control E VG S M U N

d) Knowledge/expertise demonstrated by Contractor personnel E VG S M U N

e) Utilization of Small Business concerns E VG S M U N

f) Ability to simultaneously manage multiple projects with multiple disciplines E VG S M U N

g) Ability to assimilate and incorporate changes in requirements and/or priority, including planning, execution and response to Government changes

E VG S M U N

h) Effectiveness of overall management (including ability to effectively lead, manage and control the program)

E VG S M U N

5. COST/FINANCIAL MANAGEMENT

a) Ability to meet the terms and conditions within the contractually agreed price(s)?

E VG S M U N

Contractor Information (Firm Name): ________________________________________________

Client Information (Name): ________________________________________________________

b) Contractor proposed innovative alternative methods/processes that reduced cost, improved maintainability or other factors that benefited the client

E VG S M U N

c) If this is/was a Government cost type contract, please rate the Contractor’s timeliness and accuracy in submitting monthly invoices with appropriate back-up documentation, monthly status reports/budget variance reports, compliance with established budgets and avoidance of significant and/or unexplained variances (under runs or overruns)

E VG S M U N

d) Is the Contractor’s accounting system adequate for management and tracking of costs? If no, please explain in Remarks section.

Yes No

e) If this is/was a Government contract, has/was this contract been partially or completely terminated for default or convenience or are there any pending terminations? Indicate if show cause or cure notices were issued, or any default action in comment section below.

Yes No

f) Have there been any indications that the Contractor has had any financial problems? If yes, please explain below.

Yes No

6. SAFETY/SECURITY

a) To what extent was the Contractor able to maintain an environment of safety, adhere to its approved safety plan, and respond to safety issues? (Includes:

following the users rules, regulations, and requirements regarding housekeeping, safety, correction of noted deficiencies).

E VG S M U N

b) Contractor complied with all security requirements for the project and personnel security requirements.

E VG S M U N

7. GENERAL

a) Ability to successfully respond to emergency and/or surge situations (including notifying COR, PM or Contracting Officer in a timely manner regarding urgent contractual issues).

E VG S M U N

b) Compliance with contractual terms/provisions (explain if specific issues) E VG S M U N

c) Would you hire or work with this firm again? (If no, please explain below) Yes No

d) In summary, provide an overall rating for the work performed by this Contractor.

E VG S M U N

Please provide responses to the questions above (if applicable) and/or additional remarks. Furthermore, please provide a brief narrative addressing specific strengths, weaknesses, deficiencies, or other comments which may assist our office in evaluating performance risk (please attach additional pages if necessary):

ATTACHMENT 3 - RETURN INFORMATION:

It is preferred that your questionnaire be returned to the Offeror. However, you may also send your completed questionnaire directly to the U.S. Army Corps of Engineers by email to both Curt Stepp at curt.d.stepp@usace.army.mil and Caroline Mueller at caroline.b.mueller@usace.army.mil

SECTION 00 45 00 - REPRESENTATIONS AND CERTIFICATIONS

The following included by reference have been revised:

52.209-13 Violation of Arms Control Treaties or Agreements -- Certification.

FEB 2021

252.204-7007 Alternate A, Annual Representations and Certifications MAY 2021

The following included by full text have been revised:

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-

Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or mailto:curt.d.stepp@usace.army.mil mailto:Susan.F.Newby@usace.army.mil

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [] will, [] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds

"will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as p art of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

https://www.sam.gov/

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (NOV 2020)

(a) Definitions. As used in this clause--

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13

CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract;…