W912HN23R5005 0002.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

SEE CONTINUATION PAGE

1. CONTRACT ID CODE PAGE OF PAGES

1 14

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

16C. DATE SIGNED

BY

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 W912HN23R5005

X 9B. DATED (SEE ITEM 11)

05-Jul-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 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.)

As a result of Amendment 0002, Solicitation W912HN23R5005 for Puerto Rico Power System Stabilization, Power Generation Services is hereby modif ied as follows:

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO.

5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

21-Jul-2023

CODE

USACE - SAVANNAH DISTRICT

100 W. OGLETHORPE AVE

SAVANNAH GA 31401

W912HN 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912HN23R5005

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:

CONTINUATION PAGE AMENDMENT 2

A. Added FAR 52.243-1 Alt 1 to Section I B. Deleted FAR 52.244-2 from Section I C. Added FAR 52.244-2 Alt 1 full text to Section I D. Section H- Contract Key Personnel, added “Teaming Agreement” E. Part IIA: Technical/Management Approach (Factor 1), Element A and B; has been amended to increase the page limitation from 8 pages to 15 pages.

F. Part IIA: Technical/Management Approach (Factor 1), Element C, Project Manager; has been amended to reduce the threshold of $100M to $50M and include acceptance of a Construction Management degree as an alternative to graduate engineer.

G. Part IIA: Technical/Management Approach (Factor 1), Element D; has been amended to increase the page limitation from 10 pages to 18 pages.

H. Part IIB: Past Performance (Factor 2); has been amended to reduce the threshold of $100M to $50M.

I. All other terms and conditions remain unchanged.

J. The due date has not been extended due to this change.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

CONTRACT KEY PERSONNEL AND TEAMING AGREEMENT ADMINISTRATION

The Project Manager, Project Superintendent, LNG Specialist, Contractor Quality Control System Manager, Safety Professional, and Design Project Manager are designated Key Personnel. The contractor will use the Key Personnel and Teaming Agreement (as applicable) listed in the proposal on all awarded task orders. The contractor shall obtain Contracting Officer approval for any proposed replacement candidate for all Key Personnel or Teaming Agreement positions prior to that individual filling the position. The contractor will notify the Contracting Officer no later than two weeks prior to change of the contractor employee filling a Key Personnel or Teaming Agreement billet, unless the employee leaves the contractor’s employment and gives the contractor less than two weeks’ notice or the contractor terminates an employee for cause, in which case the contractor will notify the Contracting Officer as soon as the contractor learns of the departure or terminates the employee.

SECTION I - CONTRACT CLAUSES

The following have been added by reference:

52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984

The following have been added by full text:

52.244-2 SUBCONTRACTS (JUN 2020) - ALTERNATE I (JUN 2020)

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

Approved purchasing system means a Contractor's purchasing system that has been reviewed and approved in accordance with Part 44 of the Federal Acquisition Regulation (FAR).

Consent to subcontract means the Contracting Officer's written consent for the Contractor to enter into a particular subcontract.

Subcontract means any contract, as defined in FAR Subpart 2.1, entered into by a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(b) When this clause is included in a fixed-price type contract, consent to subcontract is required only on unpriced contract actions (including unpriced modifications or unpriced delivery orders), and only if required in accordance with paragraph (c) or (d) of this clause.

(c) If the Contractor does not have an approved purchasing system, consent to subcontract is required for any subcontract that--

(1) Is of the cost-reimbursement, time-and-materials, or labor-hour type; or

(2) Is fixed-price and exceeds--

(i) For a contract awarded by the Department of Defense, the Coast Guard, or the National Aeronautics and Space Administration, the greater of the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award, or 5 percent of the total estimated cost of the contract; or

(ii) For a contract awarded by a civilian agency other than the Coast Guard and the National Aeronautics and Space Administration, either the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award, or 5 percent of the total estimated cost of the contract.

(d) If the Contractor has an approved purchasing system, the Contractor nevertheless shall obtain the Contracting Officer's written consent before placing the following subcontracts:

Any subcontract dollar threshold will be determined on a Task Order basis.

(e)(1) The Contractor shall notify the Contracting Officer reasonably in advance of placing any subcontract or modification thereof for which consent is required under paragraph (b), (c), or (d) of this clause, including the following information:

(i) A description of the supplies or services to be subcontracted.

(ii) Identification of the type of subcontract to be used.

(iii) Identification of the proposed subcontractor.

(iv) The proposed subcontract price.

(v) The subcontractor's current, complete, and accurate cost or pricing data and Certificate of Current Cost or Pricing Data, if required by other contract provisions.

(vi) The subcontractor's Disclosure Statement or Certificate relating to Cost Accounting Standards when such data are required by other provisions of this contract.

(vii) A negotiation memorandum reflecting--

(A) The principal elements of the subcontract price negotiations;

(B) The most significant considerations controlling establishment of initial or revised prices;

(C) The reason cost or pricing data were or were not required;

(D) The extent, if any, to which the Contractor did not rely on the subcontractor's cost or pricing data in determining the price objective and in negotiating the final price;

(E) The extent to which it was recognized in the negotiation that the subcontractor's cost or pricing data were not accurate, complete, or current; the action taken by the Contractor and the subcontractor; and the effect of any such defective data on the total price negotiated;

(F) The reasons for any significant difference between the Contractor's price objective and the price negotiated; and

(G) A complete explanation of the incentive fee or profit plan when incentives are used. The explanation shall identify each critical performance element, management decisions used to quantify each incentive element, reasons for the incentives, and a summary of all trade-off possibilities considered.

(2) If the Contractor has an approved purchasing system and consent is not required under paragraph (c), or (d) of this clause, the Contractor nevertheless shall notify the Contracting Officer reasonably in advance of entering into any (i) cost-plus-fixed-fee subcontract, or (ii) fixed-price subcontract that exceeds either the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award, or 5 percent of the total estimated cost of this contract. The notification shall include the information required by paragraphs (e)(1)(i) through (iv) of this clause.

(f) Unless the consent or approval specifically provides otherwise, neither consent by the Contracting Officer to any subcontract nor approval of the Contractor's purchasing system shall constitute a determination--

(1) Of the acceptability of any subcontract terms or conditions;

(2) Of the allowability of any cost under this contract; or

(3) To relieve the Contractor of any responsibility for performing this contract.

(g) No subcontract or modification thereof placed under this contract shall provide for payment on a cost-plus-a-percentage-of-cost basis, and any fee payable under cost-reimbursement type subcontracts shall not exceed the fee limitations in FAR 15.404-4(c)(4)(i).

(h) The Contractor shall give the Contracting Officer immediate written notice of any action or suit filed and prompt notice of any claim made against the Contractor by any subcontractor or vendor that, in the opinion of the Contractor, may result in litigation related in any way to this contract, with respect to which the Contractor may be entitled to reimbursement from the Government.

(i) The Government reserves the right to review the Contractor's purchasing system as set forth in FAR Subpart 44.3.

(j) Paragraphs (c) and (e) of this clause do not apply to the following subcontracts, which were evaluated during negotiations:

This will be determined on a Task Order basis.

(End of clause)

The following have been deleted:

52.244-2 Subcontracts JUN 2020

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

The following have been modified:

INSTRUCTIONS

Electronic Submission: Electronic copies of each factor shall be submitted through the Solicitation Module of the Procurement Integrated Enterprise Environment (PIEE) suite at https://piee.eb.mil/. Proposals submitted by mail or hand carried will not be evaluated. Proposals sent through proprietary or third-party File Transfer Protocol (FTP) sites or DoD SAFE will not be retrieved. It is the responsibility of the Offeror to confirm receipt of proposals. All proposals received after the exact time specified for receipt shall be treated as late submissions and will not be considered except under facts and circumstances allowed by the FAR. For instructions on how to post an offer, please refer to the Posting Offer demonstration: https://pieetraining.eb.mil/wbt/sol/Posting_Offer.pdf.

It is the Offeror’s responsibility to obtain written confirmation of receipt of all electronic files of the full proposal by emailing the Contracting Officer, Levi Speth at levi.r.speth@usace.army.mil and Contract Specialist, Jessica Stone at Jessica.m.stone@usace.army.mil. If the Solicitation Module is down, the alternate method for proposal submission is via email to the Contracting Officer and Contract Specialist identified in the preceding sentence. The Offeror must obtain prior approval from the Contracting Officer or Contract Specialist to use the alternate submission method.

Offerors are responsible for ensuring electronic copies are virus-free and shall run an anti-virus scan before submission. Electronic copies of each factor shall be compatible with Adobe Acrobat Reader 11. Narrative portions of the proposal shall be in Adobe Acrobat portable document file (pdf) searchable text format. The Offeror shall not embed sound or video (e.g., MPEG) files into the proposal files. Electronic files shall be clearly identified for each factor, section, and item.

File Naming Convention: To ensure your submission is received and processed appropriately, it is important that interested parties carefully ensure their electronic files adhere to the following naming convention:

• W912HN23R5005-FIRMNAME-Part I

• W912HN23R5005-FIRMNAME-Part II

File Organization:

• Use standard 8.5 x 11-inch pages in portrait orientation. Figures, timelines, or data flow diagrams may be in landscape orientation.

• Number each page.

• Use only one-inch margins for the top, bottom, and page sides. Page numbers, notations of proprietary information, and any other identifying information printed on each page are excluded from the margin requirement.

• Paragraphs shall be single spaced.

• Text font shall be no smaller than 11 point for all words in the proposal. An exception to this font size requirement is the documentation for proof of plant ownership (United States Coast Guard (USCG) certificate or the equivalent State registration, bill of sale, title, certificate of origin, builder’s certification, or insurance documentation.

• Information presented should be organized to pertain to only the evaluation factor in the section that the information is presented.

• A table of contents shall be included for the Part I and Part II electronic files and the table of contents is excluded from the page count.

Proposal Format and Content: The proposal shall be submitted as two separate PDF files: Part I and Part II. Part I shall contain Part IA, Part IB, and Part IC per the instructions below. Part II shall contain Part IIA, Part IIB, and Part IIC per the instructions below. The page limitations of Part IIA, Part IIB, and Part IIC are stated in those respective sections below.

Part I – The Offer (promises)

Part IA – Completed and signed forms, including any fill-in clauses Part IB – Representations and Certifications Part IC – Joint Venture/Mentor-Protégé Agreements

Part II – Offeror Information

Part IIA (Factor 1) – Technical/Management Approach Part IIB (Factor 2) – Past Performance

Part IIC (Factor 3) – Small Business Participation

Part IA – Completed and signed forms, including fill-in clauses: Shall contain the signed page of the STANDARD FORM 33, which will serve as the offerors consent to the terms of the solicitation, as well as completion of all fill-in clauses in the solicitation.

Part IB – Representations and Certifications: Provide the completed Section K- Representations and Certifications.

Offerors must be actively registered in the System for Award Management to be eligible to receive an award.

Part IC – Joint Venture/Mentor-Protégé Agreements (if applicable): If the offeror is a Joint Venture, a copy of the fully executed Joint Venture Agreement shall be submitted with the proposal in Part IC. When proposing as a Joint Venture, all members of the joint venture must complete the Representations and Certifications and shall sign the STANDARD FORM 33 unless a written agreement by the Joint Venture designates one firm with the authority to bind the other member(s) of the Joint Venture.

In addition, a copy of the joint venture agreement shall be submitted with the proposal in Part IC. Failure to comply with the foregoing requirements may eliminate the proposal from further consideration. If this is an 8(a), HUBZone, or Service-Disabled Veteran-Owned JV, the Offeror shall ensure that it complies with the applicable requirements of 13 CFR Part 124, 13 CFR Part 125, and 13 CFR Part 126 respectively. The joint venture shall include a copy of its Small Business Administration approval of the joint venture arrangement, if applicable.

When proposing as part of a Mentor-Protégé Agreement, include a copy of the agreement and the Small Business Administration or Department of the Army approval of the agreement in Part IC.

Part IIA: Technical/Management Approach (Factor 1): Offerors must provide documentation to address all of the Elements identified below.

Element A. Technical Capability, Power Generation. Offeror describes, as specified in the tasks below, a technical approach narrative on how items will be accomplished for each of the tasks listed in this Element.

Task 1: Procure, via purchase or lease, dual-fuel (natural gas or diesel), medium-voltage, black-start capable, fossil fuel land-based generators, each with a prime (continuous) power rating of at least five (5) megawatts (MW), and with a combined prime power rating of at least 60 MW.

Task 2: Transport proposed generators to an existing power generation facility within the Commonwealth of Puerto Rico. The narrative addressing Task 2 must include a minimum of one of the following power generation facility locations: San Juan Central, Palo Seco, Cambalache, Costa Sur, Aguirre, Daguao, Jobos, Yabucoa.

Task 3: Install, test, and commission the proposed generators at the required facility, in compliance with all applicable codes, criteria, and regulations, such that they can provide the requisite power (i.e., at least 60 MW). This task will include all activities necessary to generate power and introduce that power onto the island-wide power grid, which may include but not be limited to: coordination with the existing power system utility provider(s); minor demolition of existing fencing or other structures; civil site work; installation of pads, foundations, and/or pilings; installation of natural gas supply lines; installation of diesel supply lines, installation of demineralized water systems and associated supply and discharge lines; power connections from the generators to one or more existing transformers, circuit breakers, or other points of connection within the facility; installation of paralleling gear, switchgear, circuit breakers, protective devices, monitoring equipment, communication and control system; and testing, repair, or replacement of existing facility infrastructure as necessary to ensure the generated power can be reliably transmitted to the island-wide power grid.

Task 4: Operate, maintain, and (as necessary) repair all installed generators and other contractor-installed systems continuously for a period of up to 24 months.

The Element A narrative must describe how the Offeror would accomplish tasks 1 through 4 (procurement through commissioning), including all necessary surveys, geotechnical investigations, engineering design work, and obtainment of required permits, within 90 days of task order award. The total page limitation for Part IIA, Elements A and B, combined, is 15 pages. Teaming agreements, if utilized, should be included in the narrative but will not count towards the page limit.

Element B. Technical Capability, Fuel. The offeror must describe, as specified in the tasks below, a technical approach narrative (meeting all of the task requirements and timelines) on how the offeror would accomplish each of the tasks listed in this Element.

Task 5: Procure, via purchase or lease, Liquified Natural Gas (LNG) fuel storage and delivery systems required to continuously and reliably supply the generators described in Element A with sufficient natural gas to allow the continuous generation of at least 60 MW of electrical power for up to 24 months. Proposed systems must include all needed components including but not limited to LNG storage tanks, offloading systems, pumping systems, a complete regassification system, and all ancillary systems.

Task 6: Transport the LNG systems described in Task 5 to an existing power generation facility within the Commonwealth of Puerto Rico such as San Juan Central, Palo Seco, Cambalache, Costa Sur, Aguirre, Daguao, Jobos, Yabucoa, or any other site within the Commonwealth of Puerto Rico that the Government may specify.

Task 7: Install, test, and commission the LNG system described above, in compliance with all applicable codes, criteria, and regulations, such that it can continuously and reliably supply the generators described in Element A with sufficient natural gas to allow the continuous generation of at least 60 MW of electrical power for up to 24 months. This task includes all activities necessary to supply the natural gas to the generators, which may include but not be limited to:

minor demolition of existing fencing or other structures; civil site work; installation of pads, foundations, and/or pilings; installation and interconnection of equipment including power and control systems; and connection of the natural gas output to the generators.

Task 8: Procure and install all necessary piping and infrastructure to deliver ultra-low sulfur diesel fuel in sufficient quantities to allow for continuous operation of the proposed generators in the event that LNG supplies are made unavailable. Offerors may assume that an existing diesel storage tank, of sufficient capacity and located within the boundaries of the designated power plant, will be made available to the Contractor for the duration of the task order.

Task 9: Operate, maintain, and (as necessary) repair the proposed LNG and diesel fuel systems continuously for a period of up to 24 months, including the procurement, transportation, and unloading of sufficient quantities of LNG and diesel to allow for continuous operation of the generators procured in Task 1 for a period of up to 24 months.

The Element B narrative must describe how the Offeror would accomplish tasks 5 through 9, including all necessary surveys, geotechnical investigations, engineering design work, and obtainment of required permits, within 90 days of task order award. The total page limitation for Part IIA, Elements A and B, combined, is 15 pages. Teaming agreements, if utilized, should be included in the narrative but will not count towards the page limit.

Element C. Key Personnel. Each offeror shall provide resumes and letter of commitment from the identified individual for the following Key Personnel proposed for this contract. Resumes shall not exceed two (2) pages per person not including the letter of commitment. The proposed position of each person shall be clearly stated at the beginning of the resume.

Project Manager The project manager is required to be a graduate engineer (or graduate with a Construction Management degree) with a minimum of 7 years experience and must have performed in the role of Project Manager, being the primary person responsible for managing scope, schedule, and budget of at least $50 million of contract value, on at least three (3) separate projects.

Project Superintendent The project superintendent is required to have a minimum of 7 years of experience managing the construction of infrastructure projects greater than $20 million, to include at least two power generation projects, each of which included the installation of at least 30 MW of prime power generation.

LNG Specialist The LNG Specialist is required to have a minimum of 7 years of LNG experience, or 3 years of LNG and 7 additional years of experience with other types of fossil fuels. Required expertise in installing, maintaining, and operation of a storage and regassification LNG plant. Additionally, LNG specialist must have management experience of delivery/utilization of a minimum 2 million gallons of fuel within a 30-day period.

Contractor Quality Control System Manager The Contractor Quality Control (CQC) System Manager is required to have a degree in architecture, engineering, or construction management from an ABET-accredited university/institution and a minimum of five (5) years of experience in related quality management work. This experience shall include a minimum of one project that included installation of at least 30 MW of new power generation for which the individual served as the CQC System Manager.

Site Safety & Health Officer (SSHO) The SSHO must have familiarity with EM 385-1-1 and is required to have proof of employment meeting one of the options detailed below:

1. Five (5) years of continuous construction industry safety experience in supervising/ managing general construction (managing safety programs or processes or conducting hazard analyses and developing controls), or

2. Five (5) years of continuous general industry safety experience in supervising/ managing general industry (managing safety programs or processes or conducting hazard analyses and developing controls), or

3. If the SSHO has a Third-Party, Nationally Accredited (ANSI or National Commission for Certifying Agencies -NCCA) SOH-related certification, only 4 years of experience is needed. > See Appendix Q or EM 285-1-1 for list of certifications.

Design Project Manager The Design Project Manager is required to be a registered professional engineer with a minimum of seven years of experience, to include at least two power generation projects, each of which included the installation of at least 30 MW of prime power generation.

Element D. Financial Fitness. Narrative should include past three years’ summarized financial statements, balance sheets, income statements, annual reports, and any other relevant financial information. Offerors are required to submit a letter, stamped with an official seal and notarized, from the contractor’s surety validating the Offeror’s single and aggregate bonding capability with a minimum of $50M and $200M respectively. The total page limitation for Part IIA, Element D is 18 pages.

Task Orders with cost reimbursement CLINs may be utilized due to the volatility of fuel costs. The cost reimbursement CLINs will reimburse the contractor for allowable incurred costs in execution of those specific CLINs. In order to be awarded a contract with cost reimbursement capabilities, the Offeror will provide information that demonstrates its accounting system is adequate for determining costs applicable to the contract or order. If the Offeror has a recent Defense Contract Audit Agency (DCAA) accounting system audit, the Offeror must provide the audit with its proposal. If the Offeror does not have a recent DCAA accounting system audit, the Government must make an assessment of the cost accounting system prior to contract award.

The Offeror shall have an accounting system that is in compliance with FAR Part 31, in compliance with Generally Accepted Accounting Principles (GAAP). The Offeror shall have the ability to support task orders with cost reimbursement CLINs (i.e., an adequate cost tracking system, an adequate estimating system and an adequate purchasing system). In addition, each cost reimbursement CLIN issued under a Task Order from this contract will be subject to DCAA audit.

For cost reimbursement CLINs under task orders, the contractor will use DCAA approved forward pricing rates, if available. The cost reimbursement CLINs within task orders will be Cost Plus Fixed Fee (CPFF).

Fixed Fee will be negotiated for each specific Task Order.

The Offeror shall provide in Part IIA, Element D, Financial Fitness, (preferably within the last year) audit report/findings/letter and point of contact with phone number or e-mail address. The information should support that the Offeror’s accounting system has been approved and is adequate for cost-reimbursable contracts. If it has been over 12 months since the accounting system has been approved, the Offeror shall also provide a statement that the accounting system has not changed since being approved.

If the accounting system has changed, the Offeror shall provide a letter from the audit agency stating that it is currently going through the approval process and provide a point of contact and phone number of person conducting the audit from the cognizant audit agency. The Contracting Officer reserves the right to contact the Offeror’s cognizant audit agency to verify that the accounting system is still approved and adequate for cost reimbursable contracts. Overhead, General and Administrative (G&A) costs, FCCOM, and any other cost pools shall be in accordance with the Offeror’s recent, within the last year, Federal/State audited rates, if available.

If the Offeror does not have a recent Federal/State audit, the Offeror shall provide a Certified Public Accountant (CPA) statement stating:

a. Established cost pools are currently in accordance with FAR Part 31 regarding overhead, G&A, and other indirect costs.

b. The Offeror’s accounting system is in compliance with Generally Accepted Accounting

Practices (GAAP) and the accounting system is adequate for determining costs applicable to the contract and/or order.

c. Any relevant information that demonstrates its accounting system is adequate for determine costs applicable to the contract or order so that the Government can make an assessment of the cost accounting system prior to contract award in accordance with FAR 16.301.

Part IIB: Past Performance (Factor 2):

The offeror may submit up to 3 recent and relevant past performance projects. In order to be considered recent, projects must have been completed within the past 10 years prior to the solicitation date. Each project must have performance as prime contractor with a project cost over $50M plus satisfy one or more of the criteria below in order to be considered relevant. The past performance portfolio must collectively satisfy all five of the criteria.

1. Procurement and installation of multiple, parallel fossil fuel generators (5MW or larger per generator) into a substation or a larger electrical grid;

2. Operation and normal maintenance of one or more turbine-style, land-based, medium voltage generators (5MW or larger per generator) for a continuous period of at least 120 days;

3. Emergency on-site repair of one or more turbine-style, land-based, medium voltage generator(s) of at least 5MW each (1 qualifying project); and

4. Installation, maintenance, and operation of a storage and regassification Liquified Natural Gas (LNG) plant; and

5. Delivery (or management) of minimum of 2 million gallons of fuel per month, for a period of at least four

(4) months, to one or more inland locations within the Commonwealth of Puerto Rico or outside of the continental US. Demonstrate specifically quantities delivered.

Note that projects submitted may be applicable to more than one of the technical capabilities outlined above and a maximum of 3 projects may be submitted. Offeror must provide projects confirming the offeror (and/or offeror team member) has performed each of the major functions listed above (Items 1 through 5).

The prime contractor (offeror) signed on the STANDARD FORM 33 is to provide its past performance information on recent and relevant efforts to demonstrate its accomplishments and capabilities to successfully perform and accomplish the effort required by this solicitation. A subcontractor’s past performance will also be considered to help determine if the prime contractor can successfully perform and accomplish the effort required by this solicitation.

If an uncompleted project is submitted, the offeror must clearly describe the work completed and the work remaining. The work completed must meet the $50,000,000.00 threshold in order to be considered. The offeror must describe the client (including contact information), project title, contract number, scope of work, the period during which the work occurred, the specific responsibilities of the offeror, percentage of self-performance as prime contractor on the project, and how the work performed under the past performance project relates to the scope area identified. Each past performance project is limited to two (2) pages. A project is defined as a single contract or a single task order placed under a master Single Award or Multiple Award Task Order Contract.

In addition, the offeror must provide the Past Performance Evaluation completed through the Contractor Performance Assessment Reporting System (CPARS) for each past performance project detailed in the proposal. For any of the past performance examples submitted, if the Government has not finalized past performance ratings in the CPARS database, the offeror must submit a completed and signed Past Performance Questionnaire (PPQ) using the Naval Facilities Engineering Command/USACE PPQ template, which is provided with this solicitation as Attachment 1. The evaluations are limited to the actual number of pages for the evaluation (i.e., actual number of pages for the CPARS evaluation printout or the actual number of pages in the PPQ form). Offeror self-evaluations will not be accepted. If used, the PPQ must be submitted by the offeror with the proposal submission and not sent directly to the agency from the reference. For each project, the offeror may provide information on problems encountered on the identified contracts and the offeror’s respective corrective action. In addition to the information submitted by the offeror, the Government reserves the right to review any other sources of relevant information for evaluating past performance, including projects other than those submitted by the offeror.

Part IIC: Small Business Participation (Factor 3): Offerors are required to complete a Small Business Participation Proposal in accordance with the format provided in Attachment 2. Offerors should propose to meet or exceed at least 5% of the work under the contract to be performed by small business concerns.

Each prime offeror shall submit the total percentage of work to be performed by small businesses based on the total contract value of $5,000,000,000. The small business Minimum Quantitative Requirement (MQR) established by the Government is 5%, which will be $250,000,000 of the total contract value. Each prime offeror shall also identify in this section of its proposal the type of service/supply that the prime offeror will provide. The prime offeror shall then list each of the intended subcontractors and principal construction/supplies/services to be provided by that subcontractor. Provide the Commercial and Government Entity (CAGE) code for each intended subcontractor. Also, provide the anticipated NAICS codes(s) that the prime offeror believes best describes the product or services being acquired by its subcontracts with each intended subcontractor. Additionally, each prime offeror shall provide a copy of the enforceable commitment for each of the small business firms identified under this factor and the format at Attachment 2 shall be used. Copies of such commitments will not count against the page limitation for this factor.

***Pursuant to Section 8(d) of the Small Business Act, a business is considered small for Government procurements if it does not exceed the size standard for the NAICS code that the prime contractor believes best describes the product or services being acquired. In other words, the size of the prime’s suppliers is determined by the applicable NAICS code of their joint venture, teaming partner, or subcontract, which may or may not be the same NAICS code as the one for your prime contract with the Government.

The total page limitation for Part IIC is 20 pages.

Small Business Subcontracting Plan: Each large prime offeror shall provide a Small Business Subcontracting Plan that contains all the elements required by FAR 52.219-9, Alt II. This plan shall be submitted separately from the Small Business Participation information required above. The approved subcontracting plan will be incorporated into any resultant contract.

SECTION M - EVALUATION FACTORS FOR AWARD

The following have been modified:

EVALUATION FACTORS

All proposals shall be subject to evaluation by the Source Selection Team (SST)

SECTION M – Evaluation Factors For Award

A. BASIS FOR AWARD

The U.S. Army Corps of Engineers Savannah District (SAS) intends to solicit and award a MATOC on an unrestricted basis and in accordance with the procedures at FAR 15.304(c)(1)(ii) in which award will be made to all qualifying offerors. A qualifying offeror is defined in FAR 2.101 as: “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 be likely to offer other than fair and reasonable pricing.”

Price will be a selection factor for all orders placed under the awarded contracts. The Task Orders under these contracts will be hybrid firm-fixed price (FFP) Task Orders with potential for cost-plus fixed fee (CPFF) elements.

Additionally, any other than small business offeror must have an acceptable Small Business Subcontracting Plan to receive an award in accordance with FAR 19.702(a).

B. EVALUATION APPROACH

The following evaluation factors will be used to evaluate each proposal.

Factor 1 – Evaluation for Technical/Management Approach: In order to be found technically acceptable, the offeror must provide a narrative technical approach that addresses each of the Elements identified (to include specific detail in response to each task listed within). Offerors will be deemed unacceptable if their response introduces unacceptable risk to successful performance. Specific criteria are identified below:

Element A. Task 1. The Government will evaluate whether the Offeror’s proposal provides either a list of Contractor-owned equipment that meets all requirements in Part IIA, Element A, Task 1 with assurances that such equipment is currently available for this contract, or a signed letter of intent from a power generator provider for sale or lease of equipment that meets all requirements in Part IIA, Element A, Task 1.

Element A. Task 2. The Government will evaluate whether the Offeror’s proposal includes a viable transportation plan for each piece of equipment proposed in response to Part IIA, Element A, Task 1 that:

- lists the city in which each proposed piece of equipment is currently located;

- lists the proposed mode of transportation (truck, cargo ship, etc.) for each segment of each generator’s route from that current location to one of the potential project sites listed in Part IIA, Element A, Task 2 above;

and

- lists the name of the transportation firm the Offeror plans to utilize for each segment.

Element A. Task 3. The Government will evaluate whether the Offeror’s proposal demonstrates Offeror’s ability to successfully install, test, and commission power generation and ancillary equipment and to meet all of the requirements in Part IIA, Element A, Task 3.

Element A. Task 4. The Government will evaluate whether the Offeror’s proposal demonstrates Offeror’s ability to successfully operate, maintain, and repair the proposed power generation units and other equipment in accordance with the requirements of Part IIA, Element A, Task 4.

Element B. Task 5. The Government will evaluate whether the Offeror’s proposal provides either a list of Contractor-owned equipment that meets all requirements in Part IIA, Element B, Task 5 with assurances that such equipment is currently available for this contract, or a signed letter of intent from a power generator provider for sale or lease of equipment that meets all requirements in Part IIA, Element B, Task 5.

Element B. Task 6. The Government will evaluate whether the Offeror’s proposal includes a viable transportation plan for the equipment proposed in response to Part IIA, Element B, Task 5 that:

- lists the city in which the proposed equipment is currently located;

- lists the proposed mode of transportation (truck, cargo ship, etc.) for each segment of the equipment’s route from that current location to one of the potential project sites listed in Part IIA, Element B, Task 6; and

- lists the name of the transportation firm the Offeror plans to utilize for each segment.

Element B. Task 7. The Government will evaluate whether the Offeror’s proposal demonstrates Offeror’s ability to install, test, and commission LNG systems and meets all requirements in Part IIA, Element B, Task 7.

Element B. Task 8. The Government will evaluate whether the Offeror’s proposal demonstrates Offeror’s ability to install ultra-low sulfur diesel fuel piping and infrastructure that meets all requirements in Part IIA, Element B, Task 8.

Element B. Task 9. The Government will evaluate whether the Offeror’s proposal demonstrates Offeror’s ability to operate, maintain, and repair proposed LNG and diesel systems in accordance with the requirements in Part IIA, Element B, Task 9. The Government will also evaluate whether the Offeror’s proposal includes a signed letter of intent from an LNG provider and ultra-low sulfur diesel provider that meets all requirements in Part IIA, Element B, Task 9.

Element C. The Government will evaluate whether resumes included in the Offeror’s proposal demonstrate that all proposed key personnel meet all listed requirements for the corresponding positions. The Government may use references to corroborate information in resumes.

Element D. The Government will evaluate whether the Offeror’s proposal demonstrates the ability to fund and carry the expenses inherent in performance of a project consisting of tasks 1 through 9 above while awaiting progress payments for completed work in accordance with Federal Acquisition Regulations (FAR) clause 52.232-25 Prompt Payment. The offeror must submit the information identified in Part IIA, Element D so that the Contracting Officer can make a determination of the adequacy of the offeror’s cost accounting system in accordance with FAR 16.301-3 prior to contract award. The Government will also evaluate whether the Offeror’s proposal demonstrates the ability to meet bonding capacities listed in Part IIA, Element D.

Each Element will be rated on an “acceptable” or “unacceptable” basis using the ratings in the table below. All elements must be rated "acceptable" in order to receive an overall "acceptable" rating for Factor 1.

Technical/Management Approach Acceptable/Unacceptable Rating Method

Adjectival Rating Description Acceptable Proposal meets the requirements of the solicitation.

Unacceptable Proposal does not meet the requirements of the solicitation.

Factor 2 – Past Performance: The Government will evaluate whether the offeror’s present/past performance is recent and relevant or not relevant to the scope areas identified. The past performance evaluation will also determine the quality of how well the offeror performed on each the prior projects.

Past Performance Relevancy Ratings

Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

The Government reserves the right to verify past performance evaluations by reviewing CPARS or other Government appraisal systems. The Government may also check any cited references to verify supplied information.

The Government is not limited to the evaluations provided. Any additional sources of information concerning the offeror’s past performance which the Government becomes aware of can be considered in the evaluation of the contractor’s past performance.

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 (see FAR 15.305 (a)(2)(iv)). 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.”

The Past Performance factor will be rated on an “acceptable” or “unacceptable” basis using the ratings in the table below.

Past Performance Acceptable/Unacceptable Rating Method

Acceptable Based on the offeror’s recent/relevant 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.

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

Factor 3 – Small Business Participation: Prime offerors will be evaluated on the level of proposed participation of U.S. small businesses in the performance of the contract relative to the objectives and goals established herein. The Government will evaluate the following:

• That the firms, as defined in FAR Part 19, are specifically identified in the proposal and the complexity and variety of work to be performed by each firm are identified;

• An enforceable commitment is provided in the proposal for each of the small business firms identified; and

• The prime offeror has proposed to meet or exceed the Minimum Quantitative Requirement of 5% established by the Government in the solicitation.

Small Business Participation will be rated on an “acceptable” or “unacceptable” basis using the ratings in the table below.

Small Business Participation Acceptable/Unacceptable Rating Method

Acceptable Proposal indicates an adequate approach and understanding of small business objectives.

Unacceptable Proposal does not meet small business objectives.

D. DISCUSSIONS

1. General Information: The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. Should discussions take place, all offerors in the competitive range will be allowed a minimum of five (5) calendar days to submit Final Proposal Revisions.

2. Discussion Scheduling: Government reserves the right to conduct discussions either written or verbally.

(End of Summary of Changes)