Sol_140F0121R0037_Amd_0002.pdf

(x)

140F0121R0037 x x

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.

x

F01

PORTLAND OR 97232-4181

911 NE 11TH AVENUE

EASTSIDE FEDERAL COMPLEX

FWS, DIVISION OF CONTRACTING AND GE

06/11/20210002

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

05/13/2021

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.)

See page 2

Deliver Location Code: 0008349402

FWS ALCHESAY NATIONAL FISH HATCHERY

P.O. BOX 398

WHITERIVER AZ 85941-0398

Legacy Doc #: FWS

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)

Tom Ketcham

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 .

Solicitation Amendment

Document 140F0121R0037/0002

Document Title AZ Big Bonito Creek Fish Barrier Page 2 of 5

A. The purpose of this amendment is to extend the due date proposals are due, respond to contractor questions, provide Government responses, add a contract clause, and change the contract type.

B. The solicitation is hereby extended until 18 June 2021, 1700 Local Time. Proposals are still to be sent to email: tom_ketcham@fws.gov.

C. The following contractor questions and Government response are provided for consideration:

Contractor Question 1: What process should be followed for removing the trees?

Government Response: White Mountain Apache Tribe (WMAT) Game & Fish representative will get with the Bureau of Indian Affairs (BIA) Forestry to mark trees that can be removed, and if cut trees should be chipped or left intact, etc.

Contractor Question 2: Does the access road need to have dust control, if so, can pumped water from Big Bonito Creek be used?

Government Response: WMAT G&F representative will get with Water Resources on using pumped water for dust mitigation and firefighting. Follow on question, Access Road Construction clarifications. Contract specifications mentions access road materials are to be removed after construction, and the roadbed materials can be spoiled on the upstream side of the fish barrier wall, and all disturbed areas shall be reseeded.

Contractor Question 3: Can equipment or material be staged in the shoulder area of the Y- 55 road near the existing fish barrier?

Government Response: This area has been cleared to unload equipment prior to construction of the access road. WMAT G&F, BIA, and/or WMAT TERRO Office are the ones who will answer this question.

Contractor Question 4: Can materials be delivered from the Y-55 road, directly east of the barrier location, via hi-line or conveyer system?

Government Response: The Y-55 road has logging traffic and similar to the equipment/material question, WMAT G&F, BIA, and/or WMAT TERRO Office are the ones who will answer this question.

Contractor Question 5: Will equipment be inspected for spark arrestors?

Government Response: All equipment can and will be inspected for all safety requirements including spark arrestors.

Contractor Question 6: How to leave borrow pits?

Government Response: The borrow pit shall be left in a similar or better condition, with no vertical faces where material is removed.

Contractor Question 7: Does the site need to be dry to pour concrete, can tremies be used?

Government Response: See Plan Sheet 3 Reinforced Concrete notes: "Standing water shall be removed from place of deposit before concrete is placed." Any changes must have prior written approval by the Contracting Officer.

mailto:tom_ketcham@fws.gov.

Document 140F0121R0037/0002

Document Title AZ Big Bonito Creek Fish Barrier Page 3 of 5

Contractor Question 8: Can there be seepage at the concrete to bedrock joints?

Government Response: No sealants, fillers or seals is called for in the specification for joints between concrete and rock. Some seepage could occur.

Contractor Question 9: When can construction take place?

Government Response: Once award has been made and Notice to Proceed is issued. Work is to be completed no later than ninety days. We anticipate late August, after the monsoons.

NOTE: Snow has come as early as October.

Contractor Question 10: Can an alternative dewatering solution be proposed such as using a pipe through the barrier or other methods?

Government Response: All contractors responding to this solicitation must submit a proposal as per specifications. If you would like to propose an alternative means of dewatering, whether through the barrier wall or other methods, please clearly identify as such on bid Item number 0004 De-Watering. Bid schedule as presented in the solicitation for base bid must be filled out. If you wish to propose an alternative method for line item 0004 De- Watering and pricing is different, clearly identify as such. For alternative methods on dewatering, provide in detail your alternative method how it will still meet the specifications as written for strength, rebar, etc. and will need to be signed off by a qualified engineer.

NOTE: Dewatering could consist of a diversion approximately 400-450 feet upstream of the proposed barrier, collected by a collapsible PVC tube that would be staked and supported on the East bank (left bank when looking downstream of the diversion), with the discharge just downstream of the work area, or below the rock outlet structure. In addition, a sump pit and pump would need to be installed to capture the anticipated subsurface flow just upstream of the barrier. The contractor can use any mean or method that satisfies the contract requirements, does not increase site disturbance, and does not fall outside of the permit(s) requirements. The contractor should also note the re-watering requirements of the contract include continuous flow through the diversion and de-watering pipe, of not less than one-half of the diverted flow be maintained until flow from the creek reaches the termination of the dewatering system.

Again, submit a proposal as stated in the announcement. Any alternative methods specifically for the line item 0004 De-Watering must have separate pricing if different.

Contract clause 52.216-4 Economic Price Adjustment-Labor and Material, Jan 2017 is hereby added to the solicitation, contract clauses Section I, page 28 of 46. The application and use of the clause shall be based on Federal Acquisition Regulation (FAR) 16.203-1 Description, paragraph “(a) A fixed-price contract with economic price adjustment provides for upward and downward revision of the stated contract price upon the occurrence of specified contingencies. Economic price adjustments are of three general types:…(2) Adjustments based on actual costs of labor or material. These price adjustments are based on increases or decreases in specified costs of labor or material that the contractor actually experiences during contract performance.” Specified costs are those costs cited in the bid/proposal schedule, attachment 4. Specified contingencies are those associated with the current market conditions, supply, and manufacturing of construction materials, as impacted by the on-going effects of the Coronavirus pandemic.

Document 140F0121R0037/0002

Document Title AZ Big Bonito Creek Fish Barrier Page 4 of 5

Economic Price Adjustment-Labor and Material (Jan 2017)

(a) The Contractor shall notify the Contracting Officer if, at any time during contract performance, the rate of pay for labor (including fringe benefits) or the unit prices for material shown in the Schedule either increase or decrease. The Contractor shall furnish this notice within 60 days after the increase or decrease, or within any additional period that the Contracting Officer may approve in writing, but not later than the date of final payment under this contract. The notice shall include the Contractor’s proposal for an adjustment in the contract unit prices to be negotiated under paragraph (b) of this clause, and shall include, in the form required by the Contracting Officer, supporting data explaining the cause, effective date, and amount of the increase or decrease and the amount of the Contractor’s adjustment proposal.

(b) Promptly after the Contracting Officer receives the notice and data under paragraph (a) of this clause, the Contracting Officer and the Contractor shall negotiate a price adjustment in the contract unit prices and its effective date. However, the Contracting Officer may postpone the negotiations until an accumulation of increases and decreases in the labor rates (including fringe benefits) and unit prices of material shown in the Schedule results in an adjustment allowable under paragraph (c)(3) of this clause. The Contracting Officer shall modify this contract (1)to include the price adjustment and its effective date and (2)to revise the labor rates (including fringe benefits) or unit prices of material as shown in the Schedule to reflect the increases or decreases resulting from the adjustment.

The Contractor shall continue performance pending agreement on, or determination of, any adjustment and its effective date.

(c) Any price adjustment under this clause is subject to the following limitations:

(1) Any adjustment shall be limited to the effect on unit prices of the increases or decreases in the rates of pay for labor (including fringe benefits) or unit prices for material shown in the Schedule. There shall be no adjustment for-

(i) Supplies or services for which the production cost is not affected by such changes;

(ii) Changes in rates or unit prices other than those shown in the Schedule; or

(iii) Changes in the quantities of labor or material used from those shown in the Schedule for each item.

(2) No upward adjustment shall apply to supplies or services that are required to be delivered or performed before the effective date of the adjustment, unless the Contractor’s failure to deliver or perform according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence, within the meaning of the Default clause.

(3) There shall be no adjustment for any change in rates of pay for labor (including fringe benefits) or unit prices for material which would not result in a net change of at least 3 percent of the then-current total contract price. This limitation shall not apply, however, if, after final delivery of all line items, either party requests an adjustment under paragraph (b) of this clause.

(4) The aggregate of the increases in any contract unit price made under this clause shall not exceed 10 percent of the original unit price. There is no percentage limitation on the amount of decreases that may be made under this clause.

(d) The Contracting Officer may examine the Contractor’s books, records, and other supporting data relevant to the cost of labor (including fringe benefits) and material during all reasonable times until the end of 3 years after the date of final payment under this contract or the time periods specified in subpart 4.7 of the Federal Acquisition Regulation (FAR), whichever is earlier.

(End of clause)

D. Change solicitation provision, page 57 of 67, 52.216-1 to read:

52.216-1 Type of Contract (APR 1984)

The Government contemplates award of a FIXED PRICE WITH ECONOMIC PRICE ADJUSTMENT contract resulting from this solicitation.

https://www.acquisition.gov/far/part-4#FAR_Subpart_4_7

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Document Title AZ Big Bonito Creek Fish Barrier Page 5 of 5

(End of provision)

E. Add the following to paragraph to page 61 of 61, Sub-factor 1: Project Work Plan and Progress Schedule, paragraph c.Table 1: “Address known issues with long-lead time items, other supply chain issues or cost impacts, from the on- going affects of the Coronavirus pandemic.”

F. The following vendors have shown interest in the project:

Firm POC Phone

Conco Concrete Blaine Wilcock 928-242-0625 Conco Concrete Ammon Mangum 480-202-0677 Blue World John Humphrey 623-810-3209

Blue World Todd Koehne 480-694-5499

G. The response due date and time is extended to Friday, 18 June 2021, 1700 hours local time.

Please provide acknowledgement of this amendment.

H. All other terms and conditions remain unchanged.