C-5 _13-R-0007 _Amendment_0003 _05_February_2013.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

Project: Italy Multiple Aw ard Task Order Contract (MATOC)

The purpose of Amendment 0003 is to provide the Government's response to questions submitted by interested parties and modify the Attachment 4, Bank Letter Assurance Sample.

Amendment 0001 extended the Phase I proposal due to 14 February 2013, 1500 hours Central European Time (CET).

All other terms and conditions remain unchanged.

See Continuation Page.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 11

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

16C. DATE SIGNED

BY 05-Feb-2013

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912GB-13-R-0007

X 9B. DATED (SEE ITEM 11)

20-Dec-2012

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, 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

05-Feb-2013

CODE

CONTRACTING DIVISION

US ARMY CORPS OF ENGINEERS

KONRAD ADENAUER RING 39

D-65187 WIESBADEN GERMANY

WIESBADEN 65187

W912GB 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912GB-13-R-0007

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

List of Revisions

1. Attachment 4, Bank Letter Assurance Sample is now revised to include “This Bank Letter of Assurance is assured in the amount of $ 450,000 / € 350,000.” Revised document is attached to this Amendment.

2. Reference Solicitation, Pages 32 – 35, BASIC PROPOSAL SUBMISSION REQUIREMENTS Phase II, Paragraphs 3. Joint Venture, Paragraph 4. Key Subcontractors, and Paragraph 5. Qualifications to Propose is now moved to BASIC PROPOSAL SUBMISSION REQUIREMENTS Phase I. See Question 49: Answer Part I below for further detail.

3. Reference Solicitation, Pages 32 BASIC PROPOSAL SUBMISSION REQUIREMENTS Phase I, the last sentence under Number 3.1 Joint Venture Proposal Evaluation, is now revised to state “*** All members of the Joint Venture shall sign the SF 1155 and be listed on the Bank Letter of Guarantee.”

4. Reference Solicitation, Page 35, Number 5. PROPOSAL FORMAT AND DELIVERY LOCATION is now revised. See Question 49: Answer Part II below for further detail.

5. Reference Solicitation, Pages 36 – 40. See last page of Amendment 0003 for further detail.

6. Reference Solicitation, Page 35, the following clause is deleted from Number 7.

52.225.4002 – Anti Mafia Law

7. Reference Solicitation, Page 39 where it states PROPOSAL FORMAT FOR PHASE II: PROPOSAL FORMAT FOR VOLUME I, Submission Requirements: The following documents are required:

52.225-4002 – Anti Mafia Law Italy (2010) 52.209-4001 – Certifications – Article 38 of De Lise Code and Article 2 of 266/02 (APR 2009)

8. Reference Solicitation, Page 40, number 8. Where it states the following is now deleted.

Other Information:

a. Anti-Mafia documents – Contract Clause

b. All documents required to comply with DPR 554/99, as amended – Contract Clause 52.000- 4091

c. All documents required to comply with Art. 38 of the De Lise Code – Contract Clause 52.209- 4001

9. Reference Solicitation, Page 36 – 40:

On page 39 – 40 where it states PROPOSAL FORMAT FOR PHASE II: Proposal Format for Volume II:

5. Security (e.g., bid bond or letter of assurance)

6. The name, address, telephone and fax numbers, e-mail addresses of the Point(s) of Contact with the authority to legally bind the Contractor.

7. Name, Address, DUNS, CAGE, and TAX Identification Number of the Contractor submitting the proposal.

8. Other Information:

a. Anti-Mafia documents – Contract Clause 52.225-4002 Anti- Mafia Law Italy

b. All documents required to comply with DPR 554/99, as amended – Contract Clause 52.000- 4091

c. All documents required to comply with Art. 38 of the De Lise Code – Contract Clause 52.209- 4001

Numbers 5 is now moved to page 36 – 37 where it states PROPOSAL FORMAT FOR PHASE I:

FACTOR ONE (1) – EXPERIENCE, after Numbers 1 – 4.

Numbers 6 & 7 is now moved to page 36 where it states PROPOSAL FORMAT FOR PHASE I:

after this paragraph:

“When the word ‘Offeror’ is encountered throughout Section 00100, it is intended to mean a company seeking to do business with the Government that submits a proposal in response to this solicitation. When the word “Government” is encountered throughout this Section 00100, it is intended to mean U.S. Army Corps of Engineers.”

Number 8. Other Information is now deleted.

W912GB-13-R-0007 FY2013 Italy MATOC Questions and Answers

SF 1442 and Due Date

24. Question: We would like to respectfully request at least a 31 day extension to the due date of the proposal due to the fact that we will need adequate time to apply for these certifications should we be required to obtain these documents.

Answer: Amendment 0001 extended the Phase I proposal due date to 14 February 2013 at 3:00 PM.

There will be no further extensions.

25. Question: It is stated on the summary notice that the offer may be submitted by fax, hand delivered, or mail the requirements of the solicitation to the address in block 7 of the solicitation (GE). Will PDF e-mail submissions be allowed? Also, is there any page limit to the offer or any formatting requirements for typed pages (i.e. Arial 12, double-spaced, etc.)

Answer: Page 36 of the Solicitation states, “No facsimiles or e-mail submissions of Volume I or Volume II, with the exception of Attachment Three (3), Past Performance Questionnaires, are permitted.” Page 38 of the solicitation requires a page limitation for Factor Three (3).

Pre-proposal Conference

26. Question: Per amendment 0002 posted there will be a pre-proposal conference on 7 February in Vicenza. What information do you need for the attendees?

Answer: We need no information from the attendees prior to the conference. At the conference we will request each attendee to sign-in with their contact information.

27. Question: As we are planning to attend the pre-proposal conference on 7 February and some of our colleagues (as well as other companies) are not fluent in English, will the conference be presented in English/Italian or English only?

Answer: The pre-proposal conference will be presented in English.

28. Question: Reference to "Amendment 0002, Question / Answer 10. (Pre Proposal Conference)" : is any anticipated registration (with Company Name and attendees) required to attend the scheduled Pre Proposal Conference ?

Answer: We need no information from the attendees prior to the conference. At the conference we will request each attendee to sign-in with their contact information.

Bank Letter Guarantee (BLG) and Bank Letter Assurance (BLA)

29. Question: We understood that the Bank Letter of Assurance, which is of USD 450,000, can be furnished by either bank, bonding firm, or financial institution. Specifically, we wish to know if one, of the below listed bonding firms will recognized and accepted guarantee agents:

a. Reale Mutua Assicurazione

b. Liguria Assicurazione S.P.A.

Answer: A Bank Letter of Assurance can be furnished by either bank, bonding firm, or financial institution, providing it meets the solicitation requirements.

30. Question: Referring to the requirement for a Bank letter of assurance in the amount of $450,000 to be submitted with the base Solicitation, we would like to know if Bank references identifying the maximum lines of credit that will be available, submitted for each partner of the Joint Venture, may satisfy this requirement.

A sample Bank letter of reference is attached.

The bank letter of assurance would be for the Bank equal to an actual letter of Guarantee or letter of Credit in the amount of $450,000.

Answer: Bank references are not acceptable. The Bank Letter of Assurance Sample, provided with the Solicitation is the required format provided, see attachment 4. If proposing as a JV, each party must be listed.

31. Question: As stated in Amendment 0002, Questions 07 and 14, Bid Bond or Letter of Assurance: in the RFP Bid Bond and Letter of Assurance are required for Phase II (please refer to page 39, point 5 "Security")?

Answer: As stated in Amendment 0002, the Bid Bond is required to be submitted with Phase I submissions.

32. Question: In this first phase of pre qualification is necessary to send the bank letter of Assurance and the bank letter of Guarantee?

A Bank Letter of Assurance in the amount of $450,000/€350,000 is required to be submitted prior to award with Phase I proposals. The Bank Letters of Guarantee is required to be submitted with each task order.

33. Question: Is necessary a Certified Chamber of Commerce? Is necessary a declaration under art. 38

d. lgs. 163/2006 e smi? Is necessary a Certificate of quality?

Answer: If the question is referring to CCIAA cert, then it is required prior to award.

34. Question: The information that the Bid Bond is required to be submitted with Phase I submissions was provided with Amendment 2 on 22 Jan 2013. Due to the time required to obtain the Document from the Bank, we are kindly requesting a 2-week extension for Phase I proposal due date.

Answer: Bank Letter of Assurance or Bid Bond is required to be submitted with Phase I. Amendment 0001 extended the Phase I proposal due date to 14 February 2013 at 3:00 PM. There will be no further extensions.

35. Question: Reference Amendment 0002, #16: Where clarified the possibility to make the letters of Guarantee, also by an establishment assucurativo in Italy. Whether the amount of the guarantee of $ 450,000 could be transformed into an equivalent change in € (EURO)?

Answer: The Offeror can provide a Bank Letter of Assurance in the amount of $450,000 USD or €350,000 Euros.

36. Question: Reference Amendment 0002, #16: If the two letters (guarantee and assurance) could indicate a referent as an Italian institution of guaranties. Because our insurance company does not guarantee institutions outside Italy.

Answer: Yes, Bank, Bonding firm or Financial Institution are recognized and accepted guarantee agents. These firms may be Italian.

37. Question: Reference Amendment 0002, #16: In Italy if a company owns the certificate ISO can reduce the surety from 10% to 5% in this case may apply to you as well?

Answer: No. The Government has a standardized rate of 10% for the Bank Letter of Guarantee.

Submission Requirements

38. Question: After an accurately exam of the instruction for the prequalification, could you please confirm me as follows?

Documents to send:

- Attachment 1 : list of 10 project regarding the five categories indicated;

- Attachment 2 : for each project an attachment 2 and an attachment 3.

As regards Factor Three, Management Approach - beyond the organization chart which other documents I have to send you? Is not so clear in the instructions……..

- SOA Certification;

- DURC Documento unico di regolarità contributiva;

- Certificato dei carichi pendenti e giudiziali;

Answer: Basic Proposal Submission Requirements for Phase I and Phase II are provided in the Solicitation.

39. Question: If our contracts do not regards the category OG12 (Environmental Protection) this can be a reason for exclusion?

Answer: If the Offeror cannot show experience in environmental work, this will affect their experience rating but will not automatically exclude the Offeror. With regard to the requirement for OG-12, see paragraph addressing S.O.A.’s below.

40. Question: I can be signed by the Director of Works Attachment 2 and Attachment 3, as an alternative to the customer?

Answer: Attachment 3, PPQ, can be filled out by the Director of Public Works (DPW), provided the DPW is in fact the customer.

Letter(s) of Commitment of Key Subcontractors/Joint Venture Agreements

41. Question: For Phase I, the solicitation makes reference to the Joint Venture requirements, however;

it is not clear if EACH participating member of the Joint Venture needs to have at least 10 referenced projects or if a combined listing of 10 is adequate?

Answer to questions : As stated in the Submission Requirements for Factor One (1) Experience, “a total listing not-to-exceed ten (10) projects performed within the last ten (10) years or currently being performed and at least 50% complete, that best represent the Offeror’s work experience required on this solicitation. If more than ten (10) projects are submitted, only the first ten (10) projects will be evaluated.”

Projects may be submitted for either Joint Venture Partner or the Joint Venture.

42. Question: If the Offeror wishes to perform some of the work using subcontractors, must the Offeror enclose in his offer only commitment letters signed between him and the subcontractors or must submit further documentation?

Answer: The Offeror is required to provide letters of commitment for their subcontractors that they seek to use to fulfill S.O.A., experience and past performance requirements. See answer to question 47 below.

Also see paragraph 4. Below, Key Subcontractors.

43. Question: Usually we work with some Key Subcontractors but we sign a letter of commitment just when the project requires it, so can we send you this letter in a second moment?

Answer: See answer to question 42.

S.O.A. Certifications

44. Question: My company is currently bidding on the subject project. Upon review of amendment #2, which states that the prime and subcontractor must have all applicable S.O.A. Certifications in Italy, we would like to ask if our firm, which does not have the required S.O.A. Certifications, engages in a JV with an Italian firm that does have the required S.O.A. certifications, if this arrangement will be acceptable.

Answer: See answer to question 47 below.

45. Question: If the prime contractor has no SOA Certification in only one minor work category (OG 12 Class II), may a fully qualified keysubcontractor cover that portion of work, provided that all requirements are met and a letter of commitment, signed by both parties, is submitted?

Answer: See answer to question 47 below.

46. Question: My company has all the SOA except OG11. I can subcontracted category OG11?

Answer: See answer to question 47 below.

47. Question: Must the Offeror meet ALL the SOA requirements for all the amounts and all the categories (OG1-OG3-OG6-OG11-OG12) indicated in the Solicitation? Explanation: if an Offeror is missing of one or some SOA categories, must him establish a Joint Venture to meet together all the SOA requirements or the Offeror can qualify for only one or some categories (for example only OG1 category)?

Answer: The prime is required to pre-qualify in the prevailing category “OG-1.” However, if the prime is not pre-qualified in all minor categories, the subcontractor is required to be qualified in the remainder of the minor categories in order to pre-qualify for the S.O.A. requirements.” The Offeror has to provide a teaming arrangement that shows how they will meet the S.O.A. requirements and letters of commitment for the proposed subcontractors. For Joint Ventures, see paragraph 3 below described in the revisions to Solicitation.

48. Question: Which are all the documents that I have to send you in order to participate to the pre – qualification of the solicitation in object about US Army Corp of Engineers’ works in Italy?

Answer: Refer to the Solicitation Basic Proposal Submission Requirements for Phase I and Phase II, starting on page 31, for the required documents to be submitted. Pre-qualification (S.O.A. certifications) requirements are required to be submitted with Phase I.

49. Question: As stated in Amendment 0002, Question 05, SOA Certification: in your answer you required to submit SOA Certification on Phase 1, but on pages 34 and 40 of the RFP you required to submit it on Phase II?

Answer Part I to Question 49: Reference Solicitation pages 32 – 35, BASIC PROPOSAL SUBMISSION REQUIREMENTS Phase II, Paragraphs 3. Joint Venture, Paragraph 4. Key Subcontractors, and Paragraph 5. Qualifications to Propose (also stated below) are now moved to BASIC PROPOSAL SUBMISSION REQUIREMENTS Phase I.

3. Joint Ventures

Joint Venture Offerors shall, with their proposal furnish an Italian notarized legal document (“Mandato”) that establishes the Joint Venture. The Joint Venture Agreement shall take effect upon the submission of the proposal and remain irrevocable until one year (1) year after the work has been finally inspected and accepted by the Government. The Joint Venture Agreement shall include, at a minimum, the following:

a. Name of firms that form the Joint Venture and the name of the Joint Venture;

b. Name and title of the corporate officials signing in behalf of each party;

c. Contract number;

d. Description of the responsibilities in terms of work category for each partner (for example –

Firm A performing 70% of OG-1, Firm B performing 30% of OG-1) that sufficiently demonstrates how the joint venture meets the SOA certification requirements of this solicitation;

e. The statement “The composition and structure of the Joint Venture will remain unchanged from award to one (1) year after the work has been finally inspected and accepted by the Government”; and

f. Date of issuance of the agreement and notarized signature of the corporate officials signing in behalf of each party.

If the Joint Venture is not organized according to Art 95 of Law 554, 21 December 1999, the U.S.

Government reserves the right to review the actual Joint Venture agreement to determine its basis and compliance with applicable laws.

3.1 Joint Venture Proposal Evaluation

If submitting a proposal as a Joint Venture, the experience, past performance, and management plan of each of the Joint Venture Partners can be submitted for the Joint Venture Entity. The experience for each Joint Venture Partner should be clearly described.

The proposal may receive a higher rating if the proposal contains evidence of the Joint Venture Entity working successfully together previously on relevant projects.

*** All members of the Joint Venture shall sign the SF 1155 and be listed on the Bank Letter of Guarantee.

4. Key Subcontractors.

If an Offeror wishes to be credited with the experience of a key subcontract or supplier (i.e., a firm that is not the prime contractor part of the Joint Venture) a letter of commitment signed by the key subcontractor and the prime contractor must be submitted. The commitment letter must be submitted even if the firm is in some way related to a Joint Venture Partner (for example, the key subcontractor is subsidiary of a Joint Venture Partner, or a subsidiary of a firm to which the Joint Venture partner is also a subsidiary). If an Offeror submits projects demonstrating experience by a key subcontractor, a subsidiary, or a supplier, as opposed to the prime or one of the Joint Venture Partners, the Offeror MUST submit a signed letter of commitment from the contractor who performed and completed the work. If a letter of commitment is not submitted, the experience will not be considered. Make sure to include as part of Volume I.

5. Qualifications to Propose

All interested firms are required to submit the following documentation to assist in the determination of their status as a qualified contractor:

1. A description of the teaming arrangement, as applicable, demonstrating how the potential Offeror and their proposed team meet the qualification requirements. List all firms, to include sub-contractors, that contribute toward satisfying the stated Societa Organismi D’Attestazione (S.O.A.) requirements and how the firm(s) contribute to the satisfaction of the requirement.

2. A copy of all S.O.A. certifications required for this solicitation. Offerors shall be qualified in accordance with D.P.R.34 of 25 January 2000, Regulations for the Qualification of Construction Firms in Italy, in accordance with Legislative Decree 12 April 2006 u. 163, the De Lise Code and any subsequent amendments for:

Prevailing Category:

a) OG 1

Civil and Industrial Buildings Class IV €2.582.284

Minor Categories:

b) OG 3

Roads, highways, bridges, viaducts, railways, tramways, Metropolitana, funicular, and airport runways, and related services Complementary Class III €1,032,913

c) OG 6 Water supply, gas and oil pipelines, irrigation and evacuation Class II €516,457

d) OG 11 Technological Fittings Plants for Processing High / Medium Voltage and Distribution of Electric Power in Alternating and Direct Current Class II €516,457

e) OG12 Works and Fittings of Reclamation it is Environmental Protection Class II €619,748

3. Firms must comply with Article 38 of the De Lise Code by self-certifying the attainment of Article

38; forward the Documento Unico di Regolarità Contributiva pursuant to Article 2 of the Legislative Decree numbered 210/2002.

4. The documentation required by Article 75 of D.P.R. 554/99 as replaced by Article 2 of D.P.R.

412/00. Note that self certification is sufficient for paragraph 1 of the law, of Article 75. Compliance with the subparagraphs (b) and (c) of paragraph 1 of Article 75 shall be demonstrated by forwarding an unexpired original or certified copy of the “Certificato Casellar Giudiziale” or “Certificato dei Carichi Pendenti.”

5. All potential Offerors who are a Joint Venture shall demonstrate in a narrative how the joint venture team meets the S.O.A. certification requirement of paragraph (2). The narrative must include a description of the responsibilities in terms of the work category(ies) for each partner. For example, firm A will be performing 70% of the OG 1work; firm B will perform 30% of the OG 1 work.

6. When work falls below a €150,000 threshold, Offerors shall self certify qualifications in accordance with Art 3.4 of DPR 34/00 work classifications.

7. Offerors shall with their proposal, furnish all documentation complying with the following clauses. Failure to submit any document or submitting a non-conforming document may result in rejection of the proposal in its entirety.

52.000-4090 – Qualification of Firms Pursuant to Italian Decree DPR 00/34 52.000-4091 – Compliance with Italian Decree DPR 554/99 amended by Art 2 of DPR 412/00 Answer Part II to Question 49: Reference Solicitation page 35, 5. PROPOSAL FORMAT AND DELIVERY LOCATION is now revised to state the following highlighted areas:

5. PROPOSAL FORMAT AND DELIVERY LOCATION

Proposals shall be submitted in the following format:

Proposal Package Original Copies CD

Phase I 1 4 1 Factor One (1) – Experience Factor Two (2) – Past Performance Factor Three (3) – Management Approach

Phase I shall also include the following:

Letter(s) of Commitment for Key

Subcontractors Joint Venture Agreement (if applicable)

Phase II Volume I – Technical Proposal 1 4 1 Factor Four (4) – Design Capability

This volume shall also include the following:

Criteria for selection of Designer(s) of Record

Certification requirements

Volume II – Price / Administrative Proposal

1 4 1

Factor Five (5) – Price

Section 00 41 00 Pricing Schedule Hard Copy Electronic Pricing Schedule (submit only one CD)

This volume shall include the information as detailed in “PROPOSAL FORMAT FOR VOLUME II,” below.

NOTE: No more questions can be submitted after 11 February 2013 at 10:00 AM.

(End of Summary of Changes)