W912HV-22-R-0003-am0003.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

PA00109 DoDEA Replace Kinnick High School, Commander Fleet Activities (CFA), Yokosuka, Japan See continuation page(s).

1. CONTRACT ID CODE PAGE OF PAGES

1 11

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

16C. DATE SIGNED

BY 25-Mar-2022

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 W912HV22R0003

X 9B. DATED (SEE ITEM 11)

22-Oct-2021

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

25-Mar-2022

CODE

CONTRACTING DIVISION

JAPAN DISTRICT, U.S. ARMY CORPS OF ENGINEERS

RM 147, BLDG. 250

CAMP ZAMA

ZAMA 252-8511

JAPAN

W912HV 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912HV22R0003

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

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

The following have been added by full text:

CONTINUATION PAGE (AM-0003)

14. DESCRIPTION OF AMENDMENT (continued)

A. CHANGES TO SPECIFICATIONS – The amendment mark “(AM-0003)” is shown on each page of the amended specification section(s).

(1) Revised Section(s) and Revised Section Attachment(s) to Project Specifications. Attached hereto are the following revised section(s) and revised section attachment(s) to the specifications. Revised section(s) replace like numbered section(s) in the subject solicitation specifications, though some existing section attachment(s) pertaining to these sections remain in effect, as identified below. Revised section attachment(s) replace like-numbered section attachment(s) in the subject solicitation specifications.

Changes are indicated by a red line in the left margin of revised areas or in red text. All portions of the revised section(s) and revised section attachment(s) shall apply whether or not changes have been indicated.

Revised Section(s):

Section 00 22 16 Section 00 70 00 Section 05 50 13 Section 12 93 00 Section 14 21 23 Section 22 00 00 Section 23 30 00 Section 26 11 16.00 33 Section 26 20 00 Section 32 18 16.13 Section 32 31 13 Section 33 40 00 Section 33 71 02

Revised Attachment(s):

Section 01 33 00-B Section 11 06 40.13 Insert ‘A’

B. CHANGES TO DRAWINGS (ISSUED) – The amendment mark “(AM-0003)” is shown on each sheet of the amended drawing sheet(s).

(1) Revised Sheet(s) to Drawings. Attached hereto are the following revised sheets to the drawings. Revised sheets will replace like-numbered sheets in the subject solicitation drawings. Changes are indicated in revision clouds. All portions of the revised sheet(s) shall apply whether or not changes have been indicated.

Revised Sheet(s) to Drawing:

G-011 GC103

1C-502 1C-514 2C-502 2C-511 2C-512

2CR401

2CR402

2CR408

2CR411

L-201 1A-120 1A-126 1A-129 1A-137 1A-303 1A-420 1A-421 1A-423 1A-450 3A-502 A-502 A-505 A-530 A-570

AS103

AS104

AS105

AS106

1S-131 1S-403 1S-404 1S-517 3S-503 S-606 S-633

1FA601

1QF101

1QF203

ES122

ES125

ES501

ES509

ES603

ES604

1EL104

1EL105

1EL111

1EL115

1EL116

1EL117

1EL118

1EL601

1EP101

1EP405

1EP406

1EP601

1EP602

1EP603

1EP712

1EP713

1EP716

1EP722

2EP101

2EP601

2EP711

TY001

1TY101

TY501

TY502

TY503

TY504

TY601

EV-239

EV-301

EV-408

C. All questions and the Government responses regarding this solicitation are to be viewed through the web-based program “Bidder Inquiry Module”. This program is located on the internet and can be accessed at https://www.projnet.org/projnet. Answers provided to the respective questions through the ProjNet do not amend the solicitation (specifications, drawings, etc.) unless revision to the specifications or drawings is specifically noted and incorporated into the solicitation via an amendment.

D. Proposal due date and time of April 29, 2022 (02:00 PM), Japan Standard Time is revised to May 25, 2022 (2:00 PM), Japan Standard Time.

SECTION 00 10 00 - SOLICITATION

The required response date/time has changed from 29-Apr-2022 02:00 PM to 25-May-2022 02:00 PM.

SECTION 00 22 16 - SUPPLEMENTARY INSTRUCTIONS TO PROPOSERS

The following have been modified:

EVALUATION FACTORS FOR AWARD

SECTION 00 22 16

SUPPLEMENTARY INSTRUCTIONS TO OFFERORS

EVALUATION FACTORS FOR AWARD

1.0 AWARD OF CONTRACT

1.1 Contract award will be made to the responsible Offeror whose proposal represents the best value to the Government utilizing the Lowest Price Technically Acceptable (LPTA) source selection process. To be eligible for award, an offeror must be evaluated as “acceptable” for Factors 1 and 2. In accordance with (IAW) FAR 15.404-1 -- Proposal Analysis, price will be evaluated for fairness and reasonability. The Government intends to evaluate proposals and award a contract without holding discussions; however, the Government reserves the right to conduct discussions if deemed necessary by the Contracting Officer.

Under LPTA, best value is expected to result from the selection of the technically acceptable proposal with the lowest evaluated price, that is also fair and reasonable.

1.2 Offerors are advised that the Government intends to make an award on the basis of initial proposals without conducting discussions, clarifications or any contact with the offerors.

However, the Government reserves the right to discuss aspects of proposals with Offerors in the competitive range, if one is determined to be necessary, upon completion of the evaluation. Therefore, proposals should be submitted initially on the most favorable terms from a price and technical standpoint. Offerors shall not assume that they will be contacted or afforded an opportunity to clarify, discuss or revise their proposal.

2.0 EVALUATION FACTORS FOR AWARD

A. Volume I – Technical Proposal

2.1 Factor 1 – Construction Experience

2.1.1 Evaluation of Construction Experience

a. The Government will evaluate Construction experience in completing project(s) to assess the offeror’s ability to complete the requisite work associated with this project based on the information provided by the offeror using the Construction Experience Sheet, Attachment I.

Construction Experience will be rated utilizing the Technical Acceptable/Unacceptable Rating Method in Table 1 below.

b. Evaluation Criteria: The Government will evaluate the construction experience demonstrated by the Offeror.

The minimum requirements for this evaluation factor will be met if the offeror demonstrates experience as a PRIME CONTRACTOR on at least one (1) construction project which meets all of the below criteria for minimum acceptability:

(1) Criteria 1, Has a value of ¥2,000,000,000 or more,

(2) Criteria 2, Demonstrates experience in construction (new construction or renovation) of multi-functional area facility or facilities that involved multiple disciplines and trades at the same time,

(3) Criteria 3, Is completed and turned over no longer than ten six (106) years preceding the date of this solicitation, and

(4) Criteria 4, Completed in Japan.

If a proposal does not demonstrate experience on at least one project that independently meets all the above criteria (1 through 4) then the proposal will be considered “unacceptable” and rejected.

c. Note (1):

The Government will also consider prime contractor experience of the offeror's parent/subsidiary/affiliate firm as experience attributable to the offeror for evaluation purposes if the offeror can establish that the parent/subsidiary/affiliate firm will have a significant involvement in performance of this contract and describe the resources of the parent/subsidiary/affiliate firm that will be utilized on project that is the subject of this procurement.

If submitting a parent/subsidiary/affiliate firm’s project for experience, it is the offeror's responsibility to effectively demonstrate and describe how the parent/subsidiary/affiliate firm's resources (such as workforce, management, facilities, or other resources) will significantly contribute to the execution of the project which is the subject of this procurement; failure to effectively demonstrate and describe the planned contribution of the parent/subsidiary/affiliate firm’s involvement in the subject project of this procurement will cause the past experience of the parent/subsidiary/affiliate firms to be considered not relevant for evaluation purposes in this procurement. Further, any project in which the parent/subsidiary/affiliate firm performed the role of a subcontractor will not be considered relevant when evaluating the experience of the offeror.

Note (2):

A Single Award Task Order Contract (SATOC) or Multiple Award Task Order Contract (MATOC) alone is not considered a relevant construction project, but an individual task order project against its SATOC or MATOC may be submitted if it meets applicable minimum requirements for a project set forth above.

Note (3):

If offeror identified in Block 14 is a JV, a project completed by a JV may be submitted for purposes of demonstrating prime contractor experience, so long as at least one member of the offeror JV was a member of the JV on the completed project. Offeror must demonstrate evidence that at least one member of the offeror JV was a member of the JV on the completed project, such as a signed joint venture agreement or similar documentation.

Example: Offeror for this solicitation is Joint Venture A-B. JV A-B is comprised of Company A and Company B. Past projects completed by JV A-C, comprised of Company A and Company C may be used to demonstrate prime contractor experience for this solicitation, as Company A, a member of the offeror JV, was a member of JV A-C.

Projects completed by a joint venture where the offeror was a member of the JV may be submitted for the purpose of demonstrating prime contractor experience. Offeror must demonstrate evidence of JV membership on the completed project, such as a signed joint venture agreement or similar documentation.

Example: Offeror for this solicitation is Company A. Past projects completed by JV A-C, comprised of Company A and Company C may be used to demonstrate prime contractor experience for this solicitation, as Company A, the offeror, was a member of JV A-C.

Projects completed by a member of a joint venture for this solicitation (as demonstrated by a signed joint venture agreement for this effort) may be submitted for the purpose of demonstrating prime contractor experience.

Example: Offeror for this solicitation is JV A-B. Past projects completed by Company A may be used to demonstrate prime contractor experience for this solicitation, as Company A is a member of the offeror JV A-B.

d. Construction Experience will be rated on an “Acceptable” or “Unacceptable” basis utilizing the rating method in Table 1.

Table 1: Factor 1, Construction Experience, Rating Method

Adjectival Rating Description

Acceptable Proposal meets the requirements of the solicitation.

Unacceptable Proposal does not meet the requirements of the solicitation.

2.2 Factor 2 – Past Performance

2.2.1 Evaluation of Past Performance

a. This assessment is based on the offeror’s record of relevant and recent past performance information that pertain to the requirement outlined in the solicitation RFP. The Government will evaluate recent and relevant performance information on all offerors based on (i) past performance information obtained from survey/questionnaires (Attachment II or Contract Performance Assessment Report (CPAR) report), and (ii) any relevant data independently obtained by the Government. If a reference identified by the offeror does not submit a survey/questionnaire, the Government will follow up with the reference POC, but it is not responsible for the failure of a reference POC to provide a survey/questionnaire. The Government reserves the right to obtain or verify Offeror’s past performance information from other sources including the Past Performance Information Retrieval System (PPIRS).

Government evaluators may contact points of contacts listed in the Past Performance Questionnaire for the projects submitted to verify your past performance on these projects.

Offeror shall encourage all customer points of contacts/reference to provide evaluation of your performance as requested. Past performance will be rated on an “acceptable” or “unacceptable” basis using the Past Performance Acceptable/Unacceptable rating method in Table 2 below.

b. Evaluation Criteria: Past performance will first be evaluated to determine whether the offeror’s past performance is recent and relevant, or not relevant, to the effort to be acquired.

Only recent and relevant projects will be considered for this factor. Performance on a project is deemed recent and relevant if the project individually meets any of the criteria listed in the Factor 1, Construction Experience evaluation criteria (see 2.1.1). Second, the past performance evaluation will determine how well the offeror performed on recent and relevant projects.

As a minimum, the offeror shall demonstrate overall satisfactory performance (to include a showing of adequate corrective action on adverse past performance information) on recent and relevant project(s).

c. Factor 2, Past Performance, will be rated on an acceptable / unacceptable basis utilizing the rating method in Table 2.

Table 2: Factor 2, Past Performance, Rating Method

Adjectival Rating Description

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

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

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 is 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”.

B. Volume II – Price Proposal

2.3 Factor 3 – Price

2.3.1 Evaluation of Price

2.3.2 Prices will be reviewed for minor or clerical errors. If necessary, offerors will be afforded an opportunity to resolve any such errors. Any exchanges with offerors under this subparagraph shall be for the purpose of clarification (FAR 15.306(a)) and shall not constitute negotiation as defined at FAR 15.306(d).

2.3.3 After resolution of minor clerical errors and/or mistakes, a price analysis will be performed in accordance with FAR 15.404-1, to determine fairness, reasonableness and the adequacy of the offer in fulfilling the requirements of this project.

2.3.4 In accordance with FAR 52.217-5, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement.

2.3.5 Offerors shall ensure the data in Section 00 10 00 is complete and accurate. Failure to provide all price/cost data requested may be cause for determination of proposals as unacceptable.

2.3.6 Breakdown in Section 00 10 00 may be used to assist the Contracting Officer in determination of fair and reasonable pricing. If the Contracting Officer determines discussions to be necessary, breakdown may be used as a basis for price negotiations.

3.0 FINDINGS DEFINITIONS

3.1 Clarifications are limited exchanges between the Government and offerors that may occur when award without discussions is contemplated. If award will be made without conducting discussions, offerors may be given the opportunity to clarify certain aspects of their proposal

(e.g., relevance of past performance information, and adverse past performance) or to resolve minor or clerical errors. See FAR 15.306(a).

3.2 Communications. Communications are exchanges between the Government and offerors after receipt of proposals, leading to establishment of the competitive range. See FAR 15.306(b).

3.3 Deficiency. Deficiency is a material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increased the risk of unsuccessful contract performance to an unacceptable level. See FAR 15.001.

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

3.5 Uncertainty. Any aspect of a non-cost/price factor proposal for which the intent of the offeror is unclear (e.g., more than one way to interpret the offer or inconsistencies in the proposal indicating that there may have been an error, omission or mistake).

3.6 Lowest Price Technically Acceptable (LPTA). A process used in competitive negotiated contracting where the best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price.

--End of Section--

(AM-0003)

SECTION 00 70 00 - CONDITIONS OF THE CONTRACT

The following have been modified:

252.232-7007 LIMITATION OF GOVERNMENT'S OBLIGATION (APR 2014)

(a) Contract line item(s) 0001 is/are incrementally funded. For this/these item(s), the sum of approximately $35,000,000.00 of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause.

(b) For items(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "TERMINATION FOR THE CONVENIENCE OF THE GOVERNMENT." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit and estimated termination settlement costs for those item(s).

(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause, or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "TERMINATION FOR THE

CONVENIENCE OF THE GOVERNMENT".

(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph

(a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds.

The provisions of paragraph (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "disputes."

(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.

(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled "DEFAULT." The provisions of this clause are limited to work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract if fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) or

(e) of this clause.

(h) Nothing in this clause affects the right of the Government to this contract pursuant to the clause of this contract entitled "TERMINATION FOR CONVENIENCE OF THE GOVERNMENT."

(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.

(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:

On execution of contract: FY18 funds ($39.751M) and FY20 funds ($0.249M) have been appropriated. The Government contemplates approximately $35M will be available for contract award.

October 1, 2022: $20M $60M – (The Government contemplates approximately $17.7M $53M will be allocated to the contract in FY23. The FY23 budgetary yen rate has not been established).

October November 1, 2023: $110.386M $70.386M – (The Government contemplates approximately $97.69M $62.32M will be allocated to the contract in FY24. The FY24 budgetary yen rate has not been established).

(End of clause)

(End of Summary of Changes)