Amendment 0005 - FW-TENN 12(1).pdf

(x)

693C7324B000001 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

ASHBURN VA 20147

ATTN: Construction

693C73

SUITE E2-3-300

QUANTUM PARK, 22001 LOUDOUN COUNTY PKWY

EASTERN FEDERAL LANDS HIGHWAY DIVISION

FEDERAL HIGHWAY ADMINISTRATION

ASHBURN VA 20147

ATTN: Acquisitions

693C73

SUITE E2-3-300

QUANTUM PARK, 22001 LOUDOUN COUNTY PKWY

EASTERN FEDERAL LANDS HIGHWAY DIVISION

FEDERAL HIGHWAY ADMINISTRATION

See Block 1410/25/20230005

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

09/13/2023

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.)

Project FW-TENN 12(1)

The purpose of this Amendment is to:

1) Amend the SF 1442 to revise the performance period to complete all contract work from 385 calendar days to 435 calendar days if the Government awards the contract as Schedules A + B + C + D at the time of contract award.

2) Amend the Bid Schedule Instructions and Bid Summary Sheet to revise the total number of calendar days from 385 to 435 calendar days pursuant to number one above.

3) Respond to bidder questions.

4) The bid opening date of October 31, 2023, at 2:00 p.m. EDT remains unchanged.

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)

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 .

Amendment 0005

Info Page 1 of 3

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTRATION

EASTERN FEDERAL LANDS HIGHWAY DIVISION

Amendment No. 0005

Project FW-TENN 12(1)

Tennessee National Wildlife Refuge

Solicitation: 693C73-24-B-000001

The purpose of this Amendment is to:

1) Amend the SF 1442 to revise the performance period to complete all contract work from 385 calendar days to 435 calendar days if the Government awards the contract as Schedules A + B + C + D at the time of contract award.

2) Amend the Bid Schedule Instructions and Bid Summary Sheet to revise the total number of calendar days from 385 to 435 calendar days pursuant to number one above.

3) Respond to bidder questions.

4) The bid opening date of October 31, 2023, at 2:00 p.m. EDT remains unchanged.

Solicitation Changes

1) Delete second line of Block 11 of SF 1442 and substitute the following:

Replace Continuation of SF 1442 Pages 3-5 with the attached.

2) Replace Bid Schedule Instructions and Bid Summary Sheet with the attached.

Info Page 2 of 3

Responses To Bidder Questions

Question: The Fill Material Transportation Regulations in Addendum #4 gives the contractor zero control over protection, repairs and costs for hauling to the project. Subsection 107.02 of the FP14 and FAR Clause 52.236-9 both allow the contractor to make repairs for damages incurred by the contractor. The Benton County Permit does not allow the contractor to make repairs. In fact, the permit requires the contractor to setup an irrevocable letter of credit for an unknown amount, make repairs without notifying the contractor and draw on the credit without notifying the contractor.

This situation as it stands is impossible to put a price tag on. The contractor must have control over the repairs and costs. An added note: the unlimited cost exposure to the contractor is for roads used by the traveling public and other haulers which the contractor has no control and we also could be denied a permit. Our first request is for the FHWA set an allowance for roadway repairs in each bid schedule so all contractors are bidding apples to apples and repairs be done on a cost plus basis.

If not, then our second request would be that:

1) Roads be monitored by the contractor, FHWA and Benton County and mutually agree on repairs required

2) The contractor is responsible for repairs due to damage caused by the contractor

3) Damages are repaired by the contractor

4) This be made part of the overall contract which is covered by a payment and performance bond.

Response: The Government has reviewed the Fill Material Transportation Regulations permit requirements with Benton County and the National Wildlife Refuge. The Contractor will be required to meet the conditions of the Benton County Fill Material Transportation Regulations permit. In lieu of a line of credit, the Contractor may choose to issue a warranty bond in the maintaining agency’s name (Benton County) for Lick Creek Road. The amount of the bond, or the line of credit, as advised by the County, will be set at $1,200,000. Prior to the issuance of the

Project’s Notice To Proceed (NTP), a full comprehensive survey of the road conditions will be documented via FHWA-EFLHD Materials Division IRI and video equipment. Areas of distress will be jointly inspected by the Contractor, FHWA-EFLHD personnel, Benton County, and the

Refuge. The Contractor will be responsible for any adverse damage caused by hauling operations for the project, in accordance with the FAR and SCR clauses of the contract, as referenced by

Amendment 002. Conditions of the warranty bond shall contain requirements to satisfactorily repair Lick Creek Road damage caused by the Contractor’s hauling operations to pre-construction condition, or better, as outlined in the permit requirements issued in Amendment 004. These requirements will be specifically referenced in the warranty bond. With the restrictions on load limits for Bennet’s Creek Bridge, and mandatory document control for all truck tickets to be provided to FHWA-EFLHD during the project, risk of damage to Lick Creek Road is considered low by the Government.

Additional means and methods of operations for hauling material are available to the Contractor.

Barging material is feasible at two (2) locations that can be utilized for the project at Black Rocks and LCM Landing. The GIS coordinates for the two locations are as follows:

• Black Rocks: 36 23’ 2.62”N, 88 4’ 5.07”W

• LCM landing: 36 22’ 31.36”N, 88 1’ 52.82”W

No further clarification will be issued related to this topic.

Info Page 3 of 3

Question: The contract states if A+B+C+D are awarded then we have 385 days. If any of B, C or

D is awarded after A then we have so many days that start on each of their respective NTP’s. If B and/or C is awarded and NTP issued during the first 32 days of A then B and C would have to be completed by the time A is done or sooner. If you look at each schedule this way it is possible that the entire job could be awarded in a way that all would have to be complete in 225 calendar days instead of 385. Should there be some wording that B, C and D’s time will be tacked on to the end of the previously awarded bid schedules if they are not awarded originally?

Response: The duration of Schedules A+B+C+D if awarded at the same time, will be 435 days.

Work on other Schedules can be completed concurrently. Upon award of additional Schedules if not awarded jointly, a separate NTP for each schedule will be discussed with the CO, and incorporated into the contractor’s schedule for review and approval. 385 days was included in error.

The intent was to award all remaining Schedules prior to the end of the Base Contract (Schedule

A) construction. See revisions under this amendment. The NTP for Schedule A will be issued after the seasonal restrictions. Seasonal work restrictions are counted in the total days for Schedules A, B, C, and D combined and in Schedule D days, but are not counted in Schedules A, B, and C.

CONTINUATION OF SF 1442

Block 2:

This project is RESTRICTED - Bids will be accepted from all eligible Small Business concerns.

This procurement falls under North American Industry Classification System (NAICS) code

237310 - Highway, Street, and Bridge Construction (see FAR Subpart 19.10)

Electronic bids will be accepted via email sent to EFLHD.Contracts@dot.gov. Please be sure to indicate the solicitation number, project number, and ATTN: Ms. Emily McCleary on the subject line of your email. Please note you must include a scanned copy of your official bid bond along with your bid documents if you submit your bid electronically.

PHYSICAL DATA AVAILABLE FOR REVIEW

1. Manual on Uniform Traffic Control Devices for Streets and Highways, 2009 Edition, published by the Federal Highway Administration. http://mutcd.fhwa.dot.gov.

2. Categorical Exclusion Form (NEPA)

3. 42620-00028_Bennetts Creek_2021_Inspection Report_Redacted

4. 20230818_HydraulicReport_BigSandy

5. FW-TENN 12 (1)_BigSandySWPPP

6. TENN 12(1) Wetland delineation

7. Permits, Pending

Block 9:

In accordance with FAR Provision 52.236-27, Site Visit, a Government representative can be available to show the project to prospective bidders. All requests for site visits see Section

E of the solicitation and e-mail all questions concerning this construction project to the following e-mail address eflhd.contracts@dot.gov. Interested parties must provide the Solicitation Number and the relevant project name with all requests and questions.

Block 11:

Maximum Time Allowed for the Contract if Schedules A, B, C, and D are Awarded at the Same Time:

If the Government awards the contract as Schedules A + B + C + D, the performance period to complete all contract work will be 435 calendar days.

Maximum Time Allowed for Each Schedule of Work if Awarded Separately:

If the Government awards the contract as Schedule A only, the performance period to complete all Schedule A work will be 120 calendar days and will start on the effective date of

Schedule A’s Notice to Proceed.

If Schedule B (Government Option 1) is exercised after the award of the original contract, the performance period to complete all Schedule B work will be 35 calendar days and will start on the effective date of Schedule B’s Notice to Proceed.

mailto:EFLHD.Contracts@dot.gov mailto:eflhd.contracts@dot.gov

If Schedule C (Government Option 2) is exercised after the award of the original contract, the performance period to complete all Schedule C work will be 88 calendar days and will start on the effective date of Schedule C’s Notice to Proceed.

If Schedule D (Government Option 3) is exercised after the award of the original contract, the performance period to complete all Schedule D work will be 225 calendar days and will start on the effective date of Schedule D’s Notice to Proceed.

See Completion of Work section of the B-Pages – Bid Schedule Instructions for further information. The completion time for the contract is not to exceed the maximum time above.

Work restrictions can be found in SCR Sections 108 and 156.

Contract Award/Notice to Proceed is subject to the receipt of permits in addition to the receipt of acceptable performance and payment bonds.

Bidders are to assume that the award of the contract and approval of the Contractor’s

Performance and Payment Bonds (see Block 12a of the SF-1442 and FAR Clause 52.228-

15) may result in the start of construction activities to be no earlier than March 2024. See Subsection 108.01 of the SCRs for additional details.

Block 12A:

Furnish performance and payment bonds in accordance with FAR Clause 52.228-15.

Block 13:

A bid guarantee in the amount of not less than 20 percent of the bid price or $3 million, whichever is less, is required with this bid. If the bidder fails to provide the required bid guarantee, such failure may require rejection of the bid. Reference FAR Provision

52.228-1, Bid Guarantee. Please note you must include a scanned copy of your official bid bond along with your bid documents if you submit your bid electronically.

Block 17:

Amounts should be completed as follows:

Schedule A - $

Schedule B (Government Option 1) - $

Schedule C (Government Option 2) - $

Schedule D (Government Option 3) - $

Other:

The estimated price is expected to fall within the price range of $5,000,000 to $10,000,000.

Responsibility of bidders shall be evaluated in accordance with the information provided on the Bidder's Qualification Form, which can be downloaded from the Contract Opportunities website located at http://SAM.gov. FP-14 versions can be downloaded at the FHWA web site located at http://flh.fhwa.dot.gov/resources/specs/.

Electronic bids must contain the required signatures (electronic or by hand).

http://sam.gov/ http://flh.fhwa.dot.gov/resources/specs/

BID SCHEDULE INSTRUCTIONS

PROJECT: FW-TENN 12(1)

BIDDERS PLEASE NOTE: Before preparing the bid, carefully read the Instructions to

Bidders. While preparing the bid, comply with the following:

COMPLETING THE BID SCHEDULE

Complete the Bid Schedule(s) by handwriting in ink or typing. Specify a Unit Bid Price, in figures with cents to only two decimal places for each pay item in the Unit Bid Price column for which a quantity is given. Do not enter or tender a Unit Bid Price for any pay item for which no estimated quantity appears in the Bid Schedule. Determine the products of the respective unit prices and quantities, and show them, in figures, in the Amount Bid column. If a Unit Bid Price and Amount

Bid have been inserted by the Government for a pay item, do not change the Unit Bid Price and

Amount Bid for the pay item. Determine the Bid Total for each specific individual Schedule of

Work by adding the amounts of the listed items and show in the block provided for that individual

Schedule of Work. In case of multiplication errors, the Amount Bid for the item will be based on the Unit Bid Price.

To be eligible for award, bidders must submit prices for each pay item.

Review Subsection 109.05 of the FP (standard specifications book) regarding scope of payment for direct and indirect payment work.

Fill in the Bid Total(s) for each individual Schedule of Work as directed on the Bid Summary page. Fill in the Evaluation Total Price of Project in the space provided on the Bid Summary page.

The amount in Block 17 of the SF 1442 should be completed as follows:

Schedule A - $ .

Schedule B - $ .

Schedule C - $ .

Schedule D - $ .

SCHEDULES OF WORK

The Bid Schedule is comprised of the following separate schedules and options:

Schedule A (Base Contract) - Pages B-1 through B-3

Schedule B (Government Option 1) - Pages B-4 through B-5

Schedule C (Government Option 2) - Pages B-6 through B-7

Schedule D (Government Option 3) - Pages B-8 through B-10

The Government will award the project as a Base Contract (Schedule A) with the option to award Schedules B, C, and D (Government Options 1, 2, and 3); see FAR Clauses 52.217-4 and 52.217-5.

The purpose of the multiple schedules and options is to give the Government maximum flexibility in completing the project in a timely manner and at a cost-effective price by proper utilization of programmed funds and upon receipt of any additional funds required to award the contract. If complete funding is in place at the time of award of Schedule A (Base Contract), the

Government may award Schedules B, C, and D (Government Options 1, 2, and 3) at that time. If additional funding is required for the award of Schedules B, C, and D (Government Options 1, 2, and 3), and is received after the award of Schedule A (Base Contract), the Government has the right to exercise Schedules B, C, and D (Government Options 1, 2, and 3) at the unit prices bid according to the following schedule:

Schedule B (Government Option 1): Within 150 days of Schedule A (Base Contract) award.

Schedule C (Government Option 2): Within 150 days of Schedule A (Base Contract) award.

Schedule D (Government Option 3): Within 210 days of Schedule A (Base Contract) award.

COMPLETION OF WORK

The Government has estimated the number of calendar days necessary to complete all work from the effective date of the Notice to Proceed to contract completion for the various award scenarios.

The maximum number of calendar days allowed (i.e. the contract performance period) is shown in Block 11 of the SF-1442 and described below.

If the Government awards the contract as Schedules A + B + C + D, the performance period to complete all work will be 435 calendar days.

If the Government awards the contract as Schedule A only, the performance period to complete all Schedule A work will be 120 calendar days and will start on the effective date of

Schedule A’s Notice to Proceed.

If Schedule B (Government Option 1) is exercised after the award of the original contract, the performance period to complete all Schedule B work will be 35 calendar days and will start on the effective date of Schedule B’s Notice to Proceed.

If Schedule C (Government Option 2) is exercised after the award of the original contract, the performance period to complete all Schedule C work will be 88 calendar days and will start on the effective date of Schedule C’s Notice to Proceed.

If Schedule D (Government Option 3) is exercised after the award of the original contract, the performance period to complete all Schedule D work will be 225 calendar days and will start on the effective date of Schedule D’s Notice to Proceed.

In developing a construction schedule to determine the number of calendar days, the Government considered and included the work limitations shown in Sections 108 and 156 of the FP and Special

Contract Requirements (SCRs). Specific work limitations may be (but are not limited to): National legal holidays, weekends, rush hours, night work, specified no work periods, work or traffic control phasing, etc. The Government also considered those work items that are weather sensitive and when those work items will be performed. Specific work items are (but not limited to): those that require a minimum ambient air temperature (asphalt paving and surface treatment, pavement striping, stone masonry, etc.);

those that require maintaining a minimum surface temperature (concrete pavement, structural concrete, painting, etc.); and those that have specific planting seasons (turf establishment, sod, trees, plants, etc.).

The Government also considered time required for preparing material and drawing submittals, and the allowable Government review times for those submittals (Subsection 104.03 of the FP and SCRs).

Bidders are to assume that the award of the contract and approval of the Contractor’s

Performance and Payment Bonds (see Block 12a of the SF-1442 and FAR Clause 52.228-

15) may result in the start of construction activities to be no earlier than March 2024. See Subsection 108.01 of the SCRs for additional details.

BASIS FOR AWARD

The contract will be awarded to the responsive, responsible bidder with the lowest Evaluation

Total Price of Project, which is defined as:

Schedule A (Base Contract) Bid Total +

Schedule B (Government Option 1) Bid Total +

Schedule C (Government Option 2) Bid Total +

Schedule D (Government Option 3) Bid Total.

B - 11

BID SUMMARY

Project FW-TENN 12(1)

(1) Schedule A (Base Contract) Bid Total (from Page B-3) = (1) $

(2) Schedule B (Government Option 1) Bid Total (from Page B-5) = (2) $

(3) Schedule C (Government Option 2) Bid Total (from Page B-7) = (3) $

(4) Schedule D (Government Option 3) Bid Total (from Page B-10) = (4) $

Total Price of Project (for evaluation purposes only)

EVALUATION TOTAL PRICE OF PROJECT = (1) + (2) + (3) + (4) $

Maximum Time Allowed for the Contract if Schedules A, B, C, and D are Awarded at the Same

Time:

If the Government awards the contract as Schedules A + B + C + D, the performance period to complete all contract work will be 435 calendar days.

Maximum Time Allowed for Each Schedule of Work if Awarded Separately:

If the Government awards the contract as Schedule A only, the performance period to complete all

Schedule A work will be 120 calendar days and will start on the effective date of Schedule A’s Notice to Proceed.

If Schedule B (Government Option 1) is exercised after the award of the original contract, the performance period to complete all Schedule B work will be 35 calendar days and will start on the effective date of Schedule B’s Notice to Proceed.

If Schedule C (Government Option 2) is exercised after the award of the original contract, the performance period to complete all Schedule C work will be 88 calendar days and will start on the effective date of Schedule C’s Notice to Proceed.

If Schedule D (Government Option 3) is exercised after the award of the original contract, the performance period to complete all Schedule D work will be 225 calendar days and will start on the effective date of Schedule D’s Notice to Proceed.