AMENDMENT_0001.pdf

W912P6‐13‐R‐0003

AMENDMENT #0001

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1. GENERAL. This amendment is being issued to answer contractors’ questions, clarify the announcement, and change the submission date.

2. SUBMISSION DATE. The response date is changed to February 1, 2013.

3. ANSWERS TO CONTRACTORS’ QUESTIONS.

QUESTION 1: We have a small business partner that wants to pursue this contract as prime and would like us to be a subconsultant to them providing additional capacity. Is this arrangement acceptable for this contract? Our firm is a large business. We have done this on many occasions but I see the note about 100% small business so I just wanted to clarify.

ANSWER 1: Competition for this acquisition is 100% reserved for Small Businesses (Total Small Business Set-Aside). To be eligible to compete, the business organization (e.g. company, firm, joint-venture, contractor) must be small in accordance with the Small Business Size Standards. A size standard is the largest that a concern can be and still qualify as a small business for Federal Government programs. For the most part, size standards are the average annual receipts or the average employment of a firm. How to calculate average annual receipts and average employment of a firm can be found in 13 CFR § 121.104 and 13 CFR § 121.106, respectively, or the firm may contact its local Small Business Administration office for size information.

The winning small business contractor will be required to comply with the subcontracting limitations as set forth in FAR Clause 52.219-14 "LIMITATIONS ON SUBCONTRACTING".

The clause states that "(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern."

In this instance, the "concern" refers to the Prime Contractor.

In order for the Contractor to maintain compliance under the awarded “Small Business Set Aside” A&E contract, the firm will be required to perform at least 50 percent of the cost of the contract incurred for personnel with its own employees. Thus, the SB offeror may have teaming relationships with large businesses, but it must ensure that it can perform the aforementioned percentage on the task order/contract. (Re: FAR 52.219-14, "Limitations on Subcontracting").

The winning small business contractor may subcontract with large or small businesses.

QUESTION 2: Is it acceptable to submit under an 8(a) Joint Venture (Mentor Protégé relationship)?

[] Consultants has a Mentor Protégé relationship with [] Engineering (8(a)). If allowed, we would like to submit as a Joint Venture under the SBA 8(a) program.

ANSWER 2: This acquisition is not being competed as an 8(a) small business set-aside;

however, if your firm has a Mentor and Protégé agreement in place at the time of submission, you may submit as a Joint Venture.

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QUESTION 3: As a small business set aside, does this mean that at least 50% of the work must be accomplished by the small business? Could it be done by a combination of the lead SB firm plus one or more subcontractor SB firms?

ANSWER 3: The winning small business contractor will be required to comply with the subcontracting limitations as set forth in FAR Clause 52.219-14 "LIMITATIONS ON SUBCONTRACTING". The clause states that "(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern." In this instance, the "concern" refers to the lead SB firm.

QUESTION 4: If two small businesses form a JV to submit for this work, how would their small business status be evaluated? Would their aggregate receipts need to be less than the $14 million size standard?

ANSWER 4: To be considered a small business organization, your organization must meet the Small Business Size Standard (defined in answer 1), regardless of whether it is a Joint Venture.

The only exception to this is an approved 8(a) Mentor and Protégé (see 13 CFR 124.520). How to calculate average annual receipts and average employment of a firm can be found in 13 CFR § 121.104 and 13 CFR § 121.106, respectively, or you may contact your local Small Business Administration office for size information.

QUESTION 5: My company is a small business but our sub for this proposal is not. Does this solicitation require that the Prime and Sub both be small business?

ANSWER 5: The winning small business contractor may subcontract with large or small businesses. However, the winning small business contractor will be required to comply with the subcontracting limitations as set forth in FAR Clause 52.219-14 "LIMITATIONS ON SUBCONTRACTING". The clause states that "(1) Services (except construction). At least 50 employees of the concern." In this instance, the "concern" refers to the Prime Contractor.

QUESTION 6: Is the small business required to do over 50% of the described work? Can a large business be a sub consultant or be in a joint venture with a small business and provide over 50% of the work? If over 50% is required for small business, can we form a joint venture or have a sub consultant arrangement with other small businesses to accomplish the goal?

ANSWER 6: The winning small business contractor may subcontract with large or small businesses. However, the winning small business contractor will be required to comply with the subcontracting limitations as set forth in FAR Clause 52.219-14 "LIMITATIONS ON SUBCONTRACTING". The clause states that "(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern." In this instance, the "concern" refers to the Prime Contractor.

To be considered a small business organization, your organization must meet the Small Business Size Standard (defined in answer 1), regardless of whether it is a Joint Venture. The only exception to this is an approved 8(a) Mentor and Protégé (see 13 CFR 124.520).

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QUESTION 7: Does the line “Competition: The North American Industrial Classification System code is 541330, which has a size standard of $14,000,000 in average annual receipts. Competition for this acquisition is RESTRICTED TO 100% SMALL BUSINESS CONCERNS.” mean small businesses cannot subcontract any work to large businesses? Or does it mean a small business or JV comprised of 100% small businesses must hold the contract?

ANSWER 7: It means that the winning small business contractor will be required to comply with the subcontracting limitations as set forth in FAR Clause 52.219-14 "LIMITATIONS ON SUBCONTRACTING". The clause states that "(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern." In this instance, the "concern" refers to the Prime Contractor.

It also means that your organization must meet the Small Business Size Standard (defined in answer 1), regardless of whether it is a Joint Venture. The only exception to this is an approved 8(a) Mentor and Protégé (see 13 CFR 124.520).

The winning small business contractor may subcontract with large or small businesses.

QUESTION 8: Do all the teammates have to be a small business or just the prime?

ANSWER 8: The winning small business contractor may subcontract with large or small businesses. However, the winning small business contractor will be required to comply with the subcontracting limitations as set forth in FAR Clause 52.219-14 "LIMITATIONS ON SUBCONTRACTING". The clause states that "(1) Services (except construction). At least 50 employees of the concern." In this instance, the "concern" refers to the Prime Contractor.

QUESTION 9: Could you please clarify whether this opportunity is for 1 or 2 IDIQ contracts each with up to $5M capacity over 5 years? It appears the 1st and 2nd paragraphs provide different specifications:

Contract information - 1st paragraph the Chicago District Corps of Engineers announces its intention to procure Engineering Design Services under up to two Firm-Fixed-Price, Indefinite Delivery Contracts in accordance with the provisions set-forth by the Brooks A&E Act as implemented in the Federal Acquisition Regulation Subpart 36.6.

Contract information - 2nd paragraph 'The government intends to award one Indefinite Delivery Contracts under this announcement. The contract will consist of a base year and four option year periods. The full contract amount will not exceed $5,000,000.'

ANSWER 9: The excerpt from the second paragraph has been amended to read as follows:

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“The government intends to award up to two Indefinite Delivery Contracts under this announcement. Each contract will consist of a base year and four option year periods. Each full contract amount will not exceed $5,000,000.”

QUESTION 10: Is there an incumbent for this solicitation and if so could you provide the name of the incumbent?

ANSWER 10: The incumbent contractors for similar services are Black and Veatch Corporation, and Tetra Tech EM, Inc.

QUESTION 11: Regarding this RFP, can you advise on who the incumbent company is on this contract?

ANSWER 11: Refer to answer 10.

QUESTION 11: Could you provide the list of incumbent firms that currently hold this contract?

ANSWER 11: Refer to answer 10.

QUESTION 12: We are located in the great lakes region but our principal office is in western NY, not in Chicago. Are we still eligible for this project or are we outside of the Chicago district?

ANSWER 12: As stated in Section #3 of the Synopsis, "... The selection criteria are listed below in descending order of importance (first by major criteria and then by each sub-criterion).

Criteria "a" through "d" are primary factors. Criteria "e" through "f" are secondary factors and will only be used as tie-breakers among firms that are essentially technically equal.”

The location of the principal design office will be used only as a tie-breaker. For example, if Team A and Team B are both rated equal technically, and Team A is located in Seattle, Washington and Team B is located in Chicago, Illinois, then Criteria “e” and “f” will be used to break the tie.

QUESTION 13: For selection item 3.e is stated as “Geographic location of the principal design office within the Chicago District boundaries.” If the location of the principal design office is outside of the Chicago District boundaries, would the submittal be deemed non responsive in preselection? I.e. can only firms with principal design offices within Chicago District submit on this solicitation?

ANSWER 13: Refer to answer 12.

QUESTION 14: Item 3.e. states that one of the criteria will be “Geographic location of the principal design office within the Chicago District boundaries.” Does this mean that the prime consultant MUST have an office located in the Chicago District boundary or will firms having an office in the area just receive higher rating points?

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ANSWER 14: Refer to answer 12.

QUESTION 15: Could you provide a list of those who responded to the original Sources Sought (W912P6-13-S-0002)?

ANSWER 15: No, names cannot be provided. A high level of interested from Small Businesses was expressed for this acquisition. Companies who have chosen to be shown as interested vendors can be found on the “Interested Vendors List” tab of the announcement on fbo.gov.

QUESTION 16: How does the District define “principal design office” as related to the geographic location requirement? Must this office perform a certain percentage of the work?

ANSWER 16: The “principal design office” is defined as the business organization office performing the majority of design work. The USACE does not dictate the percentage of work to be performed by the principal design office.

QUESTION 17: Per #4 SUBMISSION REQUIREMENTS, "Interested firms having the capabilities to perform this work must submit eleven (11) copies of SF 330 Part I, and eleven (11) copies of SF 330 Part II for the prime firm and all consultants," It is clear that the SF330 Part II form is to be submitted for both the prime firm and all of the consultants. Is a full SF330 Part I required to be submitted by the prime and all of the consultants individually, or just 1 Part 1 representing the prime?

ANSWER 17: The announcement is stated correctly. As shown on the form, Part I of the SF 330 must be completed for the prime contractor’s proposed team. Section C must be completed for the prime contractor and all key subcontractors, while other Sections should illustrate the proposed team’s qualifications.

QUESTION 18: In the solicitation, one of the key disciplines listed is "Construction." Can you please tell me what kind of construction this refers to -- whether it's oversight, administration, etc?

Thank you for your help.

ANSWER 18: It means the contractor will be responsible for providing construction cost estimates; engineering services during construction; and construction quality assurance and management.

QUESTION 19: Regarding the referenced solicitation, the description on the FBO sites says the notice type is Presolicitation; however, a response date of Jan 29 is noted. Is this truly a presolicitation or a full solicitation?

ANSWER 19: The announcement operates as a pre-solicitation; for Architect-Engineer acquisitions, the solicitation is not posted to fbo.gov. However, submittals are required from this pre-solicitation notice. Through the evaluation process, an Architect-Engineer firm is selected to be furnished a solicitation and to negotiate a contract. As stated in the announcement, "Firms responding to this announcement before the closing date will be p 6 of 6 considered for selection. ... Following an evaluation of the qualifications and performance data submitted, three or more firms that are considered the most highly qualified to provide the type of services required will be chosen for negotiation. Selection of firms for negotiation shall be made in order of preference based on demonstrated competence and qualifications necessary to satisfy the performance in accordance with the specific selection criteria listed in the announcement."

QUESTION 20: Please clarify whether there will be a full solicitation notice in Fedbizopps to follow this pre-solicitation or the contractor(s) selection will be made based on the responses received.

ANSWER 20: Refer to answer 19.

QUESTION 21: If selection is based on the basis of pre-solicitation, will there be one contractor or two contractors? There is are conflicting statements between the first paragraph and the second.

ANSWER 21: Refer to answer 9.

4. ACKNOWLEDGE AMENDMENT. Offers 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 Item 4 below, and returning 1 copy of the amendment;

(b) By acknowledging receipt of this amendment on each copy of the offer submitted;

(c) By an email which includes reference to the solicitation and amendment numbers.

5. ACKNOWLEDGMENT OF AMENDMENT:

NAME OF CONTRACTOR _____________________________

NAME AND TITLE OF SIGNER _____________________________

SIGNATURE OF AUTHORIZED PERSON _____________________________

DATE SIGNED _____________________________