Amendment 0001.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 incorporate changes from the Requests for Information. The proposal due date remains unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 9

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

16C. DATE SIGNED

BY 19-Apr-2023

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 W912GB23R0006

X 9B. DATED (SEE ITEM 11)

03-Apr-2023

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

19-Apr-2023

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:

W912GB23R0006

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The number of offeror copies required has decreased by 1 from 1 to 0.

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

The following have been modified:

A. BASIS FOR AWARD

The requirements for the preparation and submission of proposals and the requirements for evaluation of proposals in response to this solicitation are contained in the Request for Proposals. Subject to the provisions contained herein, the award will be made to each and all qualifying offerors. A qualifying offeror is an offeror that is determined to be a responsible source, submits a technically acceptable proposal that conforms to the requirements of the solicitation, and the Contracting Officer has no reason to believe they would be likely to offer other than fair and reasonable pricing.

SPECIAL NOTICE: System for Award Management (SAM)

In order to eligible for the contract award resulting from the solicitation, Offerors are advised to take immediate action to ensure your SAM entity registration is current and/or will be current at the time of proposal receipt by this contracting office.

B. FACTORS TO BE EVALUATED

When the word ‘Offeror’ is encountered throughout this Section, 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, it is intended to mean CENAU.

The following evaluation factors will be used to evaluate each proposal. Award will be made to each and all qualifying offerors whose proposals are rated as acceptable for each the evaluation factors. In accordance with FAR 15.304, the following non-price factors will be considered when evaluating the proposals.

Factor 1 – DSS Top Secret Clearance Factor 2 – Past Performance

NOTE: In accordance with FAR 15.304(C)(1)(ii)(A), the contracting officer may choose not to include price or cost as an evaluation factor for award when a solicitation has an estimated value above the simplified acquisition threshold; will result in multiple—award contracts that are for the same or similar services; and states that the Government intends to make an award to each and all qualifying offerors. A qualifying offeror is an offeror that is determined to be a responsible source, submits a technically acceptable proposal that conforms to the requirements of the solicitation, and the contracting officer has no reason to believe would likely to offer other than fair and reasonable pricing.

The deviation permits the contracting officer to evaluate cost or price only at the task-or delivery-order level, as long as the multiple-award contracts under which the orders are being placed are for the same or similar services and contract award is made to each and all qualifying offerors.

The Government intends to make an award without discussions, but reserves the right to conduct discussions should discussions prove to be necessary or advantageous to the Government.

All proposals received will stand alone and be considered complete and final. The evaluation board will not consider any information or data incorporated by reference or otherwise referred to. The successful Offeror will be selected solely on the basis of the evaluation factors set forth below. Accordingly, proposals submitted in response to this solicitation should provide clear, complete, concise, and straightforward responses to the evaluation factors. Elaborate proposals, color brochures, and other excesses are discouraged.

Submission of Proposals: Offerors shall submit proposals via email to Alysha Macdonald, Alysha.a.macdonald@usace.army.mil, and Kristina Morrow Kristina.K.Morrow@usace.army.mil. Offerors should enter a description for every file submitted. For files over 20 megabytes (MB) the offeror shall break the file into smaller files sent via separate emails, each marked to identify which number the email is relative to the total number of emails submitted (i.e. “one of four”). Once all the emails submitted have been received, the Government will confirm receipt via return email. If an offeror submits multiple proposals, the Government will only consider the last proposal submitted prior to the due date and time.

PROPOSAL SUBMISSION REQUIREMENTS: The Government will not make assumptions concerning intent, capabilities, or experiences. Clear identification of proposal details shall be the sole responsibility of the Offeror. The proposal shall meet the following basic requirements:

a. The proposal shall be typed and submitted in English and easy to read.

b. The proposal shall be organized, concise, and shall be clearly identified and tabbed. Each factor shall be described in a separate tabbed section.

c. The proposal shall be identified by the solicitation number, volume number, and name, address, and telephone number of the prime Offeror on the cover.

d. The proposal shall contain a table of contents and include at the bottom left side of each page the volume and page number.

e. Offerors shall verify that the information for all forms submitted is current, correct, and complete including name(s) of the point(s) of contact (POCs), email address(es), and telephone number(s), for the three two technical factors.

f. Proposals shall completely and adequately address the requirements of this solicitation. Offerors are reminded that elaborate corporate marketing information, formatting, special reproduction techniques, etc., are not necessary.

g. Contractors are cautioned against submitting conditional proposals.

h. Failing to submit attachments or failing to complete the proposal properly may result in rejection of the offer without further evaluation. Therefore, Offerors are urged to follow instructions and speak with the Contracting Officer if instructions are not understood.

i. Offerors shall submit a signed Offer, Standard Form (SF) 33 for this solicitation, including verification of all amendments received.

Proposal Expenses and Pre-Contract Costs: The request for proposal (RFP) does not commit the Government to pay any costs incurred in the preparation and submission of a proposal or for any other costs incurred by any firm submitting a proposal in response to this solicitation.

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

TEAM ARRANGEMENTS. As described in FAR Subpart 9.6, it is the Government’s policy to recognize the integrity and validity of contractor team arrangements. For a teaming arrangement to be recognized for purposes of source selection evaluation and the application of non-price factors, there must be full disclosure of the teaming arrangement and company relationships in the team's proposal. The proposal must include a narrative that explains the major or critical aspects of the work to be performed by each team member (to include identification of team members, a full delineation of roles and responsibilities of team members, and the duration of the agreement, etc.). The proposal must also include an agreement that has been or will be executed prior to award between/among all team members. The proposal and agreement must be consistent; substantive inconsistencies between the proposal and agreement may be construed against the Offeror. The timely submission of the executed teaming agreement prior to award shall be a precondition to a finding of responsibility.

a. An Offeror that is part of a Joint Venture must submit a legally binding Joint

Venture Agreement. The Government will not evaluate the capability of any Offerors that are not included in the Joint Venture agreement. Joint Ventures must include a copy of the legal joint venture agreement signed by an authorized officer from each of the firms comprising the Joint Venture with the chief executive of each entity identified and must be translated into English, if the original agreement is in a language other than English.

b. If submitting a proposal as a joint venture, the past performance of each of the joint venture partners can be submitted for the joint venture entity. The past performance experience for each joint venture partner will be considered the past performance experience of the joint venture entity. Joint ventures shall submit the following additional documentation regarding their business entities:

(1) A copy of their joint venture agreement in English.

(2) A detailed statement outlining the following in terms of percentages, where appropriate.

(3) The relationship of the joint venture parties in terms of business ownership, capital contribution, and profit distribution or loss sharing.

The joint venture agreement must show that joint venture members are jointly and severally liable for any obligations under the contract.

(4) The management approach of the joint venture in terms of who will conduct, direct, supervise and control the project and have custody and control of the assets of the joint venture and perform the duties necessary to complete the work.

(5) The structure of the joint venture and decision-ranking responsibilities of the joint venture parties in terms of who will control the manner and method of performance of the work.

(6) Identification of the key personnel having authority to legally bind the joint venture to subcontracts and state who will provide or contract for the labor and materials for the joint venture.

(7) Identification of party maintaining the joint venture bank accounts for the payment of all expenses and the deposits of all receipts, keep the books and records, and pay applicable taxes for the joint venture.

(8) Identification of party furnishing the facilities, such as office supplies and telephone service.

(9) Identification of party having overall control of the joint venture. Other sections of the proposal shall identify, where appropriate, whether key personnel are employees of the individual joint venture parties and identify the party, or hired as employees of the joint venture.

(10) A complete and legally binding document with all the information required under this section titled “Joint Ventures” shall be included.

The JV agreement submitted to the Government shall be the only valid JV agreement for purposes of performance under this contract or any responsibilities of the JV under the contract. Any changes to the JV agreement must be submitted to the Contracting Officer and is subject to approval by the Government prior to execution of the change.

KEY SUBCONTRACTORS. In the case of prime-sub teams, the agreement must reflect that the prime contractor is vested with control and responsibility for the daily management of the work, and that it remains responsible for contract performance, including those items allocated to a subcontractor on the team.

a. Offerors are reminded that the prime contractor remains fully responsible for contract performance, regardless of any team arrangement between the prime contractor and its subcontractors. However, consistent with FAR 9.104- 4, the Government may consider the responsibility of subcontractor team members when it may adversely affect the prospective prime contractor’s responsibility or when it is in the Government’s interest to do so.

b. Any resulting subcontract(s) may not deviate from the substantive provisions of the teaming agreement. The failure of the Offeror to perform with one or more subcontractors on a recognized team may be grounds for termination for default. There can be no substitution of subcontractor team members except that, in the case of a prime-sub team arrangement, the Government may (in its sole discretion and without any obligation whatsoever), at the request of the prime, permit the substitution of a subcontractor with equivalent or greater capability for a subcontractor on the identified team. Note: Only a Contracting Officer can approve such a change after contract award.

c. If an Offeror wishes to be credited with the Past Performance of a Key

Subcontractor a letter of commitment signed by the Key Subcontractor AND the prime contractor shall be submitted. The commitment letter shall be submitted even if the firm is in some way related to the prime contractor (for example, the Key Subcontractor is a subsidiary of the prime contractor, or a subsidiary of a firm to which the prime contractor is also a subsidiary). If a letter of commitment is not submitted, the Past Performance will not be considered. (See Attachment D, Sample Letter of Commitment).

PROPOSAL FORMAT: The submission shall be clearly indexed and logically assembled. Proposals shall be in a narrative format, organized and titled so that each section of the proposal follows the order and format of the factors. Information presented should be organized so as to pertain to only the evaluation factor in the section that the information is presented. Information pertaining to more than one evaluation factor should be repeated in the each section for each factor. Each Factor shall be clearly identified and shall begin at the top of a page. All pages shall be numbered and identified by the complete company name, date and solicitation number in each header and/or footer. A table of contents shall be included. Font size shall be 10 or larger. Pages shall be letter sized--larger page sizes (such as 11x17 foldouts, etc.) will be counted as two pages. Electronic files shall be in their native format (i.e.

doc, xls, ppt, etc.), or if in pdf format, shall be in searchable text. Text and graphics portfolios of the electronic copies shall be in a format readable by Microsoft Office or Adobe applications. Data submitted in a spreadsheet format shall be readable by MS Excel.

HARD COPY SUBMISSIONS WILL NOT BE CONSIDERED.

FACTOR 1: DSS FACILITY CLEARANCE LEVEL

Submission Requirements

The Offeror shall provide a one page document with a minimum of the following:

Contractor’s name, complete address, phone number, email address, CAGE code, authorized individual to speak and sign on behalf of the firm and a signature of the individual. Joint Ventures need to submit the agreement with CAGE code for the joint venture.

FACTOR 2: PAST PERFORMANCE

Submission Requirements:

Submit the information outlined below for a maximum of five (5) projects that are complete or substantially completed, and demonstrate the offeror’s experience performing projects similar in size, scope, and complexity to the work required by this solicitation. Describe each project in enough detail to ensure that the Government can meaningfully assess how well the projects submitted meet the evaluation criteria outlined below. “Substantially complete” is defined as having completed more than 75% of the project work at the time of proposal submission. If an offeror submits a project that it represents is “substantially complete,” the offeror must reasonably explain why the project is considered at least 75% complete. If an offeror submits an ongoing project without providing an accompanying reasonable explanation how the project is at least 75% complete, the Government reserves the right not to consider the project.

A maximum of five (5) projects will be evaluated. If an offeror disregards these instructions and submits more than five projects, only the first five projects will be evaluated.

For each project, submit the following information:

Information outlined in Attachment A, Offeror Experience Form. Address all items included in Attachment A.

Information outlined in Attachment B, Past Performance Information Sheet.

Address all items included in Attachment B for each project submitted.

A completed Contractor Performance Assessment Reporting System (CPARS) evaluation, if a completed CPARS evaluation is available.

If there is not a completed CPARS evaluation, the offeror shall submit a Past Performance Questionnaire (PPQ) for the project. See Attachment B C. Do not submit a PPQ when a completed CPARS is available.

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

Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government’s point of contact, Alysha Macdonald, via email at prior to proposal closing date. The offerors shall instruct the clients to refer to the solicitation number in the subject line.

The PPQs are Source Selection materials. All successfully submitted PPQs will receive an e-mail confirmation upon receipt. If the offeror does not receive the confirmation, it is their responsibility to follow up to ensure the government has received the information.

Offerors shall not incorporate by reference into their proposal PPQs or CPARS previously submitted for other RFPs. However, this does not preclude the Government from utilizing previously submitted past performance information in the past performance evaluation. Offerors may provide explanation on problems encountered on past projects and the corrective actions taken by the offeror. In addition to the above, the Government may review other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the PPIRS (Past Performance Information Retrieval System) including CPARS (Contractor Performance Assessment Reporting System), using all CAGE/DUNS (Commercial and Government Entity Code/ Data Universal Numbering System) numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror’s proposal, inquiries of owner representative(s), FAPIIS (Federal Awardee Performance and Integrity Information System), Electronic Subcontract Reporting System (eSRS), or other databases; telephone interviews with organizations familiar with the offeror’s performance, Government personnel with personal knowledge of the offeror’s performance capability, and any other known sources not provided by the offeror.

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.

(End of Summary of Changes)