Amendment 0004_W912P820R0071.pdf

W42HEM02904203

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 above numbered solicitation for Construction Management Services, CEMVN is hereby amended as follow s:

1. Revisions to the solicitation as stated on the follow ing continuation pages.

2. Provide responses to Offeror questions submitted prior to the established deadline.

It is anticipated that this w ill be the last amendment for this requirement. No further questions w ill be addressed at this time. Proposal submission date and time remains unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 7

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

16C. DATE SIGNED

BY 22-Jan-2021

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 W912P820R0071

X 9B. DATED (SEE ITEM 11)

17-Dec-2020

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

22-Jan-2021

CODE

USACE, CONTRACTING DIVISION

ATTN: CEMVN-CT, ROOM 172

7400 LEAKE AVE.

NEW ORLEANS LA 70118-3651

W912P8 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912P820R0071

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been added by full text:

REV. AM_0004

H.1 CONTRACT REQUIREMENTS

Refer to the insurance requirements described in Section C, Descriptions and Specifications, Paragraph C.1.12.

SECTION I - CONTRACT CLAUSES

The following have been added by full text:

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 1 day prior to expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 5 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years, and 6 months.

(End of clause)

(End of Summary of Changes)

The following items are applicable to this modification:

AMENDMENT 0004

AMENDMENT 0004 – SOLICITATION REVISIONS

Section H: Remove previous version in its entirety, and replace with the version within this amendment.

Section I: Insert FAR Clause 52.217-9 in full text.

Section L, Sub-Section A.2.: Insert the follow after the last paragraph in the sub-section: “All forms, examples, letters, and sample documents shall be excluded from the 25 page limit specified for the Technical and Past Performanace volumes.”

Section L, Sub-Section C.4.: Remove verbiage in its entirety, and replace with the following: “If audited by any Government agency within the last calendar year, bidders shall provide the name and address of the auditor.

Section M, FAR Clause 52.212-2, Sub-Section (1)(a)(2), Staffing Plan: Remove verbiage in its entirety, and replace with the follow: “Demonstrate number of personnel and personnel job classifications available to the firm. Deomonstrate whether or not personnel are currently employed by the prime and/or the proposed subcontractors.

Section M, FAR Clause 52.212-2, Sub-Section (1)(b)(b): Remove the following verbiage in its entirety: “The contract should indicate a minimum period of performance of three (3) years with a minimum of $5 million total contract value, with in the last five (5) years.”

Section M, FAR Clause 52.212-2, Sub-Section (1)(b): Create sub-section (1)(b)(c) and insert the following verbiage: “Indicate contract(s) meet a minimum period of performance of three (3) years with a minimum of $5 million total contract value, with in the last five (5) years.

**Please note, due to a system issue in our Contract Writing System, Amendment 0002 was erroneously skipped. Therefore, there is no Amendment 0002 assigned to this solicitation. The file name for the aforementioned amendment will be updated accordingly in Beta.Sam as Amendment 0003 **

AMENDMENT 0004 - Q&A

Offeror Questions & Government Responses

1) Regarding Q & A of Technical Volume and 25 page limit:

USACE answer: letter from subcontractors, CESO form, Hazard Analysis, company accident policy, sample invoice, sample timesheet and EDRC letter all count towards 25 page limit.

The following is a page breakdown of these forms ALONE:

-subcontractor letters: 3 pages (3 subcontractors) -CESO form: 7 pages -Hazard Analysis form: 2 pages -Company policy accident prevention: 4 pages -Sample invoice 1 page -Sample timesheet 1 page -testing lab EDRC letter 1 page TOTAL PAGES: 19 pages This leaves exactly 6 pages for the following:

- Management Plan

- Quality control plan

- Staffing plan

- Staff qualifications (of 20 QARS + 5 other disciplines)

- Technical experience

***All of above must be in 12 point font.

Staff qualifications alone (in 12 pt font) will take up a minimum of 4 pages. That leaves exactly 2 pages for Staffing plan, management plan, quality control plan, and technical experience.

QUESTION: How does USACE expect all of this documentation to fit onto 25 pages? We respectfully request that all forms and examples, letters, etc. be EXCLUDED from 25 page limit in Technical Volume.

See Amendment 0004, which revises Section L, “A. General Instructions, 2. Technical Volume” page limitations with the guidance as follows:

All forms, examples, letters, and sample documents shall be excluded from the 25 page limit specified for the Technical and Past Performanace volumes.

2) Regarding Section L, Volume 4--- Solicitation, Offer and Award Documents & Certifications/Representations

QUESTION: Specifically what documents are to be included in this section? We assume signed SF 33 form and all signed Amendments must be included. Does Section K need to be included/ signed?

Volume 4 shall include the signed SF 33, signed amendments, evidence of insurance as cited in Section C, and completed Section K. There is no signature required for Section K.

3) Regarding Section L, item C “Preparation of Cost Proposal” C.2. Labor rates based on performing payroll data for all position classifications anticipated to us used under the contract by the Prime firm. Include basis for escalation in labor rates

QUESTION: What supporting payroll is required if the form only requires one specific unit price? For Section 3 Cost/Price, is any other documentation required to be submitted IN ADDITION to MS Excel spreadsheet costs/ rates?

The specific payroll and escalation submission requirements for the Cost Volume are listed in Amendment 0003, Section L, Sub-Section C.

C.2 Financial data and methodology used to calculate the proposed overhead rates for Prime firm/subcontractors. Identify costs not allowed by FAR 31.2

QUESTION: What methodology payroll data is required if the form only requires a unit price? For Section 3 Cost/Price, is any other documentation required to be submitted IN ADDITION to MS Excel spreadsheet costs/ rates?

In narrative format, explain how the unit prices in section B were developed, such as overhead rates, profit, labor rates, labor burden, fringe benefits, etc. The Government reserves the right to obtain any supporting backup data to confirm the validity and reasonableness of the proposed line items in section B if negotiations are held later.

C.2 Name and address of Government audit agency which has conducted an audit of the firm within the last year.

QUESTION: is this information required as part of the Cost/ Price Volume?

Yes, if the bidder was audited in the last calendar year. See Amendment 0004, revised Section L, Sub-Section C.4.

C.5 Executed Section B Supplies Services & Prices (in Excel format) and Executed Section H

QUESTION: Section H as included in original solicitation references Liability Insurance. However, in Q &A, USACE answer says that Liability insurance is not required as part of Offer’s proposal. What are we to include for “executed” Section H? OR does an Executed Section K need to be included?

For Section H, refer to the insurance requirements described in “Section C, Descriptions and Specifications, Paragraph C.1.12”. Evidence must be provided of Section C insurance requirements and included in the Offeror’s proposal. Section K must also be completed and included in the Offeror’s proposal as well.

QUESTION: Can you give a little explanation about a "conformed request"? Who needs to provide one, all offerors, or some? Just a little explanation about the who, what cases is one required, and maybe more clear what is it suppose to explain?

Per 29 CFR § 4.6 (b) (2) (i), if there is such a wage determination attached to this contract, the contracting officer shall require that any class of service employee which is not listed therein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed class of employees shall be paid the monetary wages and furnished the fringe benefits as are determined pursuant to the procedures in this section.

(ii) Such conforming procedure shall be initiated by the contractor prior to the performance of contract work by such unlisted class of employee. A written report of the proposed conforming action, including information regarding the agreement or disagreement of the authorized representative of the employees involved or, where there is no authorized representative, the employees themselves, shall be submitted by the contractor to the contracting officer no later than 30 days after such unlisted class of employees performs any contract work. The contracting officer shall review the proposed action and promptly submit a report of the action, together with the agency's recommendation and all pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, U.S. Department of Labor, for review. The Wage and Hour Division will approve, modify, or disapprove the action or render a final determination in the event of disagreement within 30 days of receipt or will notify the contracting officer within 30 days of receipt that additional time is necessary.

(iii) The final determination of the conformance action by the Wage and Hour Division shall be transmitted to the contracting officer who shall promptly notify the contractor of the action taken. Each affected employee shall be furnished by the contractor with a written copy of such determination or it shall be posted as a part of the wage determination.

Refer to the detailed Conformed Process guidance shown on Page 66 of the solicitation for additional instructions to comply.

QUESTION: That last amendment was erroneously numbered "No. 3", correct? I need to know because if that was No. 3, then I need to look for Amendment No. 2 that we must have missed.

Due to a system issue in our Contract Writing System, Amendment 0002 was erroneously skipped. Therefore, there is no Amendment 0002 assigned to this solicitation.

QUESTION: After review of Amendment No. 0002, it appears to me that it will be very difficult to provide a comprehensive proposal with 25 page limit for the Volume I Technical proposal for the following reasons:

1. As per response to question no.3, RFP requires 5- line resume of 20 QAR IIIs and other 5 denoted disciplines. Page restriction includes 1” margin on all four sides, #12 fonts, Aerial or Times New Roman and required single spacing. This will take 7 pages + 1 page for an Org. Chart. Total 8 pages.

2. As per response to question no. 4. Commitment letters from subs. Depending on number of subs it could be 3 to 4 pages. Let me use 3 pages

3. As per response to Question no. 5 all required documents has to be included in this section. ( But Section C.6. 3 states “ Accident Prevention program to be submitted within 7 days after received of notice of award”) This will include:

CESO Form A 02. Total 7 pages PHA form . Total 4 pages Company Accident Policy. 1 page Sample invoices (2) . 4 pages Sample time sheets. 2 pages ERDC validation letters. 2 pages

So far total pages 31 pages. This is not all. Additionally, RFP Technical proposal also requires the following:

1. Project management organization and Quality Control Plan. Total 8 pages. Because this section requires “ contractor must provide information required in C.9., which requires items a. to e., 5 items , specifically item b. requires duties/responsibilities/authorities of each person. This alone will require at list 5 pages. Additionally, section C.9. states Quality Assurance Organization Plan to be submitted within 14 days after award. Which requirements should we follow?

Should a contract be awarded to a successful offeror, then both requirements will need to be followed. Sections L & M reference the solicitation, while Section C correlates with the Award.

2. Staffing plan. Requires a spread sheet to show number of personnel available for each 14 categories.

1 page

Concur.

3. Safety Plan. In addition to the forms, it requires Safety inspections and Accident investigations and reporting. Say 1 page. Item C.6.3.b states to include an executed “Activity Hazard Analysis (AHA), but Section M included with the RFP, item 4.b states “Position Hazard Analysis (PHA)” , which one should we include ?

Activity Hazard Analysis (AHA’s) or Position Hazard Analysis (PHA’s) shall suffic, as the same type of information is provided on both forms.

b. Technical Experience of the firm requires items a. and b. plus project information, even though it does not say how many projects , I will assume at least 5 projects to demonstrate relevant experience. This will take at least 6 pages. As you can see just to submit Volume I -Technical will require minimum 47 pages to meet all requirements.

I was wondering if there is something that I am not understanding or missing. I noticed Volume II Past performance is also 25 pages.

See Amendment 0004, which revises Section L, “A. General Instructions, 2. Technical and Past Performance Volumes” page limitations with the guidance as follows:

All forms, examples, letters, and sample documents shall be excluded from the 25 page limit specified for the Technical and Past Performanace volumes.