S01 Amd 002 12FPC322B0009 27 APR 2022.pdf

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12FPC322B0009

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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 electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT 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 letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

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FPAC-HQ-APD-TX

Fort Worth TX 76115-3404 501 W. Felix St., Building 23 Fort Worth Federal Center

FPAC BUS CNTR-ACQUISITION DIV-TX

FPAC-HQ-12FPC3

WASHINGTON DC 20250

1400 INDEPENDENCE AVE SW, RM 6801-S

FPAC BUS CNTR-ACQ DIV-OPS BRANCH-SE

04/27/20220002

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

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

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

04/07/2022

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

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

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

ORDER NO. IN ITEM 10A.

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

Amendment 002

The purpose of this amendment is to:

a) State the deadline for questions is Friday, 29 APR 22 by 5PM CT.

b) Post questions and answers dated 27 Apr 22 which are attached to this amendment.

c) Bid due date has not changed. Bids are due 10 May 22 at 1000 CT. See page 44 of solicitation for details.

Period of Performance: 05/23/2022 to 06/08/2022

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

LAUREEN M. EIPP

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

QUESTIONS AND ANSWERS

Solicitation Number: 12SPC322B0009 Project: USDA NRCS OK Emergency Watershed Protection (EWP) Stream bank Stabilization project in Hominy Creek & 52nd W, Avenue Near Skiatook in Osage County, Oklahoma Date: April 27, 2022

The below questions were received via email on April 27, 2022.

Q.1 The current slope of the bank appears to be steeper than a 2:1. Is the contractor to remove more asphalt from the abandoned road and continue the slope eastward to obtain a 2:1?

Answer: This NRCS project does not extend into the road right of way. The 2:1 slope will need to be obtained by extending the toe out into the creek.

Q.2 Will the contractor be required to remove the debris slightly upstream and downstream of the work area that is currently in the middle of the creek?

Answer: Debris in the creek will be removed as needed in order to construct the project as designed. If the debris is outside the work area it does not need to be removed.

Q.3 Is it anticipated that import fill will be needed prior to the riprap bedding placement or will the onsite earthen be used to shape the creek banks as desired?

Answer: If the existing slope needs to be extended out into the creek in order to achieve a 2:1 slope, some imported fill could be required.

Q.4 Is this project tax exempt?

Answer: The government shall not be charged sales tax on invoices, and the government’s tax exempt status is not directly conveyed to the contractor for their purchase of supplies or materials. The following is an excerpt out of FAR Part 29.303 Application of State and local taxes to Government contractors and subcontractors.

“ (a) Prime contractors and subcontractors shall not normally be designated as agents of the Government for the purpose of claiming immunity from State or local sales or use taxes. Before any activity contends that a contractor is an agent of the Government, the matter shall be referred to the agency head for review. The referral shall include all pertinent data on which the contention is based, together with a thorough analysis of all relevant legal precedents.

(b) When purchases are not made by the Government itself, but by a prime contractor or by a subcontractor under a prime contract, the right to an exemption of the transaction from a sales or use tax may not rest on the Government’s immunity from direct taxation by States and localities. It may rest instead on provisions of the particular State or local law involved, or, in some cases, the transaction may not in fact be expressly exempt from the tax. “