Amendment_10.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

The purpose of this amendment is to extend the closing date and time of the Small Business On-Ramp and to provide the submitted ProjNet questions and answ ers.

1. The closing date and time for this solicitation has been extended. The solicitation shall close at 3:00 PM CST on Friday 28 September 2018.

2. The submitted ProjNet questions and corresponding answ ers are incorporated into this amendment.

All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 6

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

16C. DATE SIGNED

BY 30-Aug-2018

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 W912DY-12-R-0046

X 9B. DATED (SEE ITEM 11)

04-Apr-2014

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

30-Aug-2018

CODE

US ARMY ENGINEERING & SUPPORT CENTER

4820 UNIVERSITY SQUARE

HUNTSVILLE AL 35816-1822

W912DY 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912DY-12-R-0046

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The following have been added by full text:

PROJNET QUESTIONS AND ANSWERS

ProjNet Questions and Responses

Note: Questions are in bold type and the responses are in normal type.

Question: In the solicitation documents posted on 7/16/2018, we could not find Section J Attachment 21 (Parent Company Performance Guarantee) or Section J Attachment 22 (Financial Statement Certification). Please provide these documents or clarify in which file they are included.

Response: Attachment 21 was posted to the Federal Business Opportunities (FED BIZ OPS) web site on Wednesday 1 August 2018. Attachment 22 was posted to the Federal Business Opportunities (FED BIZ OPS) web site on Thursday 2 August 2018.

Question: In the Conformed_Solicitation.pdf file, Section A indicates that proposals should be shipped to US Army Engineering and Support Center- Huntsville, 5021 Bradford Dr., Huntsville, AL 35805. However, Section L indicates that proposals should be shipped to US Army Engineering and Support Center- Huntsville, 4820 University Square, Huntsville, AL 35816-1822. Please clarify which address should be used for a proposal shipped via commercial carrier (i.e., FedEx).

Response: The address to submit proposals to is:

US Army Engineering and Support Center - Huntsville, Attn: Latosha McCoy and Jean Paul Bretz.

5021 Bradford Dr.

Huntsville, AL 35805

Proposals shall not be received at the University Square address.

Question: If I have registered during a previous RFI, do I need to register and submit entire package again?

Response: Interested offerors shall submit a complete proposal in accordance with the requirements detailed in the solicitation and all amendments.

Previous Proposal submissions will not be evaluated.

Question: The current submission date is 31 August 2018. DOE FEMP's upcoming "Energy Exchange 2018 and the Better Buildings Summit" in Cleveland, Ohio is scheduled from Aug 20 - Aug 23, 2018. This combined event is a significant energy trade show and learning conference for the US Government and many energy service vendors. This trade show requires considerable planning and coordination prior and just after the scheduled dates. It would be very helpful to us and other vendors planning to respond to this solicitation if the deadline could be extended by 1-2 weeks. Therefore, it is requested you consider extending the submission date out to at least 7 September 2018.

Response: The solicitation shall be amended and will close on 28 September 2018 at 3:00 PM CST.

Question: In order to reduce the administrative burden on our federal government clients, will USACE accept the submittal of existing PPQ-0 "Past Performance Questionnaires" that were completed prior to the release of this solicitation?

Response: Potential offerors who wish to submit a proposal must submit all the required information and documents as detailed in the solicitation and all amendments.

Question: Amendment 008 of the original 2014 solicitation lists "Attachment 21: Parent Company Performance Guarantee" in the list of RFP Attachments (pg 23 of 34) but Attachment 21 is not included in the solicitation. Can Attachment 21 be provided?

Response: Attachment 21 was posted to the Federal Business Opportunities (FED BIZ OPS) web site on Wednesday 1 August 2018.

Question: Attachments 21: Parent Company Performance Guarantee and Attachment 22: Financial Statement Certification are not available on the FED BIZ OPs portal. When will they be made available?

Response: Attachment 21 was posted to the Federal Business Opportunities (FED BIZ OPS) web site on Wednesday 1 August 2018. Attachment 22 was posted to the Federal Business Opportunities (FED BIZ OPS) web site on Thursday 2 August 2018.

Question: Due to the timing of the Energy Exchange Conference, we would like to request a 1 month extension for this submission. Would that be possible?

Response: The solicitation shall be amended to close on 28 September 2018 at 3:00 PM CST.

Question: Amendment 9 Para A.8 Pre-Proposal Conference states "The Government will hold a pre-proposal conference for potential offerors to ensure an understanding of the Government's objectives with this solicitation. All interested firms are encouraged to attend, but participation will not be a prerequisite for submitting a proposal.

Will the Government host a conference/webinar in early August similar to the industry day webinar held for the Sources Sought RFI earlier this year?

Response: A pre-proposal conference will not be held for this on-ramp.

Question: "Is it still the Corps intent that small business on-ramp contracts be awarded under the National Energy Policy Act of 1992 as mentioned in A.1. Objective?

A.1. Objective: The objective of this acquisition is for the design, construction, and operation of energy savings projects to help meet mandated energy savings goals established in the Energy Policy Act of 1992 and its subsequent policy amendments and directives. These services will be acquired under NAICS code 541330, Engineering Services, for performance at Government installations or facilities throughout the Contiguous United States (CONUS), and for Outside the Contiguous United States (OCONUS) locations in Alaska, Hawaii, Republic of the Marshall Islands, U.S. Territories and Possessions, Germany, and South Korea."

Response: The small business on-ramp is being completed under the terms and conditions detailed in the original solicitation and amendments.

This would include all the information specified in section A.1; Objective.

Question: The Q&A responses to the original RFP SET W91DY-12-R-0046 IN 2014 is attached.

About 60% or more have "REQUEST PENDING" status with no Government Response (see yellow highlights).

Did the Government respond to these questions or did the acquisition move forward without Government responses?

If not, can the Government provide the completed Q&A with responses for the original acquisition in Projnet or otherwise?

Response: The sections highlighted yellow were the government change/response to previous questions.

All previous questions were responded to in the previous solicitation amendments. All submitted questions to the original solicitation were answered via formal amendments. All the documents for the original solicitation have been provided on the FED BIZ OPS web site.

Question: Why are so few small businesses being selected? Why does the selection criteria favor companies with previous experience when this is one of the first ESPC opportunities for small business. Where were we to get the ESPC experience prior to this solicitation? Why is there not a contract track for new inexperienced non-traditional defense contractors, small companies with proprietary and superior energy savings technologies?

Response: The Government anticipates awarding a minimum of three contracts to qualified small businesses. This number was based upon the market research the Huntsville Center completed for this on-ramp requirement. However, the Government may award more, less, or none at all based upon the review and evaluation of any submitted proposals.

Past performance and experience qualifications and evaluations are standard on all service type contracts the government contemplates.

A firm can gain experience as a prime contractor, a sub-contractor to a prime contractor, engaging in a teaming arrangement, being in a limited partnership, a mentor-protégé arrangement, and other similar activities.

All submitted proposals shall be evaluated in accordance with the evaluation procedures detailed in the solicitation and all posted amendments.

New inexperienced non-traditional defense contractors, small companies with proprietary and superior energy savings technologies, are encouraged to contact the Small Business Administration for additional assistance and resources.

Question: If we submit a key sub-contractor with our proposal but then select another key sub-contractor at a later date, will our proposal still be considered valid?

Response: Any change in key sub-contractors will need to be approved by the Contracting Officer prior to the change.

Question: Many of the attachments are asking for specific details which cannot be known until a Task Order is issued. Do we provide a range to give the reviewer a "feel" for what we offer or do we leave these areas blank?

Response: Many of the attachments support the requirements of the MATOC and eventual Task Orders.

Those attachments will be addressed/completed during the Task Order Award process. Requirements for this solicitation are defined in Section L with the proposal being evaluated as defined in Section M.

Question: Are we to draft our own Bankruptcy Statement as to whether any company(ies) are in Bankruptcy proceedings or not(or is about to undergo bankruptcy proceedings) OR will the government provide a Section J Attachment?

Response: Offerors shall draft their own Bankruptcy statement.

Question: On p. 26 it states that: Every page of the proposal should include ... (along with the PROPOSAL REVISION NUMBER FOR THE AMENDED PAGE, if necessary)". What do you mean by "proposal revision number for the amended page"? Offeror's proposal revision number? Can you provide an example? Please clarify your instruction.

Response: Offerors shall include the revision number in their proposal if they submit a revised proposal due to any amendments issued (after the offeror has sent in their proposal).

The following have been modified:

EXECUTIVE SUMMARY

All proposals shall be shipped to: US Army Engineering and Support Center- Huntsville, 5021 Bradford Dr., Huntsville, AL 35805. The package exterior should contain the solicitation number and the POCs: Latosha McCoy and Jean Paul Bretz. Hand carried proposals must be delivered to US Army Engineering and Support Center - Huntsville, Attn: Latosha McCoy and Jean Paul Bretz, 5021 Bradford Dr. Huntsville, AL 35805. Electronic submissions will NOT be accepted.

A.1. Objective: The objective of this acquisition is for the design, construction, and operation of energy savings projects to help meet mandated energy savings goals established in the Energy Policy Act of 1992 and its subsequent policy amendments and directives. These services will be acquired under NAICS code 541330, Engineering Services, for performance at Government installations or facilities throughout the Contiguous United States (CONUS), and for Outside the Contiguous United States (OCONUS) locations in Alaska, Hawaii, Republic of the Marshall Islands, U.S. Territories and Possessions, Germany, and South Korea.

A.2. Contract Type: The U.S. Army Engineering and Support Center, Huntsville (CEHNC) intends to award multiple Indefinite Delivery/Indefinite Quantity (ID/IQ) type contracts to both large and small businesses, whose offers represent the best value to the Government. This on-ramp requirement will be competed on an total small business set aside. The Government intends to award up to 3 contracts to qualified small businesses. However, the Government reserves the right to award more, less or none at all. All task orders will be issued as firm fixed-price.

A.3. Selection of Multiple Award Task Order Contract (MATOC) Pool: On 4 April 2014 The Government awarded14 total ID/IQ contracts (13 to large businesses and 1 to small businesses) for ESPC. The intent of this on-ramp requirement is to award up to 3 additional ID/IQ contracts to small businesses. The estimated programmatic capacity at the time of the 4 April 2014 award for this MATOC is $1.5 Billion. The current capacity of the MATOC, as of 26 June 2018, is $1.32 Billion. The total capacity will be shared among all awardees in the MATOC pool, both large and small businesses.

A.4 Task Order Selection/Competition. This solicitation will result in multiple ID/IQ contracts with a portion of the awards set aside for small businesses. Task orders awarded under the MATOC will be either set aside for the small business awardees or open to participation by all contract holders (large and small businesses). The small business awards resulting from this on-ramp will become a part of the existing MATOC and subject to the established task order selection and competition procedures. The Government reserves the right to set aside any task order for small businesses. Task Orders will be set aside for small businesses in accordance with the following ordering procedures:

Dollar Value of Task Order

Task Order Competition Caveats

Greater than $5 Million Unrestricted Competition

Less than $5 Million

The Contracting Officer will first consider setting aside the Task Order for small businesses. The determination will examine the project’s size, complexity, location, and level of financing required.

Before making the determination on a particular project, the Contracting Officer will request a letter of interest from all small business firms. If fewer than two responses are received, the Task Order will open for unrestricted competition.

All task orders not set aside for small businesses will be competed in accordance with DoD Federal Acquisition Regulation Supplement (DFARS) 216.505-70, ordering under Multiple Award Contracts, unless an exception to fair opportunity is justified.

A.5. Ordering: The small business multiple-award ID/IQ contracts awarded from this on-ramp effort will have a base ordering period from the Date of Award through 7 May 2020 and 1-Option Period from 8 May 2020 through 7 May 2025. There is no guarantee that the option will be exercised on any or all of the awarded contracts. New task orders will be placed in accordance with Section H.2, Procedures for Awarding Task Orders. The Government is under no obligation to issue any orders against this contract. The maximum contract amount for the multiple award ID/IQ contracts (sum of all task orders awarded under all contracts) is $1,320,000,000 ($1.32) over the life of the contract (if the option is exercised). This value will be shared by both large and small business contract holders. The only authorized ordering office is the U.S. Army Engineering and Support Center, Huntsville. Other agencies may be delegated this authority, in which case an advance written notice will be given to the Contractor.

A.6. Wage Determinations: The primary requirements under these contracts will be for services but may include some construction work. Contract clauses pertinent to labor laws applicable to both construction work and services will be included in the base contract. Task orders will include the wage determinations reflecting prevailing wages for construction work. Task orders that include services covered by the Service Contract Act will include wage determinations reflecting the prevailing wage rates and fringe benefits. In the event that individual service task orders will contain more than incidental, segregable construction effort, the Davis Bacon Act (see FAR 52.222-6) will apply to the construction portion in accordance with FAR 22.402. Some Operation and Maintenance (O&M) funded construction services will be required (including Davis Bacon rates and bonding).

A.7. Contract On-Ramps/Off-Ramps: Not later than eighteen months prior to exercise of the option period, the Government will evaluate the market to determine if it is in the Government’s interest to award ESPC contracts to additional qualified firms by employing “on-ramp” procedures. During a contract on-ramp the Government will advertise, accept and evaluate new proposals with the intention of adding contracts to provide the Government with better buying power. These proposals will be subject to substantially the same proposal instructions and evaluation procedures as contained in the original solicitation. This RFP is a total small business on-ramp described in this paragraph. During a contract “off-ramp”, the Contracting Officer may elect to remove firms from the multiple award ID/IQ contract pool that have poor performance or have failed to submit acceptable proposals for any of the projects for which they were qualified. Previously awarded Task Orders will be unaffected by on/off ramp actions taken to refresh the multiple award ID/IQ contract pool.

A.8 Questions. Any questions regarding this solicitation are to be submitted by firms via the ProjNet website at http://www.projnet.org/projnet. To submit comments firms will need to self register in the system if not already registered. To self-register: go to the webpage, click the BID tab, select Bidder Inquiry, select agency USACE, enter the Key for this solicitation (listed below) and an e-mail address, and then click “login”. Fill in all required information and click “create user”. Verify information on next screen is correct and then click continue. From this page you may view all bidder inquiries or add a new inquiry. Firms will receive an acknowledgement of their comments via email. Firms are requested to review the Bidder Inquiry System for existing comments/ questions prior to submission of a new inquiry. All questions must be submitted no later than 03 August 2018.

Projnet Key: YJMDTI-PPKYUR

No questions will be accepted via email or by phone. Individual meetings with firms will not be scheduled.

Emails or voicemails with questions and/or requests for meetings will not receive a response.

(End of Summary of Changes)