AMENDMENT 0001 - 15 MILE BAYOU ITEM 3.pdf

US Army Corps of Engineers Memphis District

Invitation for Bids

Amendment 0001

15 MILE BAYOU CHANNEL ENLARGEMENT -

ITEM 3

at Crittenden County, Arkansas

Firm-Fixed Price

8(a) Competitive Small-Business Set-Aside

W912EQ24B0010

JULY 2024

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 purpose of this Amendment is to:

1. Revise Section 00 21 13.

2. Add additional Site Visit. (Section 00 21 13)

3. Update Option Clause 52.217-9 from reference to full-text. (Section 00 72 00)

4. Revise the number of days in box 11 of the Solication from 610 days to 300 days.

All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

1 8

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

16C. DATE SIGNED

BY

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 W912EQ24B0010

X 9B. DATED (SEE ITEM 11)

08-Jul-2024

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.

U0001

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

18-Jul-2024

CODE

US ARMY ENGINEER DISTRICT, MEMPHIS

KIMBERLY BASS 167 N. MAIN ST

MEMPHIS TN 38103-1894

W912EQ 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION

The contractor period of performance end date has decreased by 310 days from 610 days to 300 days.

SECTION 00 21 13 - INSTRUCTIONS TO BIDDERS

The following have been modified:

CONDITIONS AND NOTICES TO BIDDERS

INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

AMENDMENT 0001

A. BIDDING MATERIAL - Copies of the Solicitation, Specifications, and drawings forms are available by INTERNET ACCESS ONLY. All solicitation documents will be posted through https://piee.eb.mil. Prospective bidder should submit technical questions concerning this Invitation for Bid via Bidder Inquiry in ProjNet at www.projnet.org/projnet. (See Paragraph N Below). All other inquiries should be emailed to the Contract Specialist at Kimberly.e.bass@usace.army.mil.

The Government contemplates award of one contract to the responsible bidder who submits the lowest priced bid responsive to this invitation for bids. As a matter of responsibility, the awardee shall meet the special standards identified in paragraph K.

BID DOCUMENTS: The following documents must be submitted with a bid:

1. SF 1442, Solicitation, Offer and Award

2. Schedule of bid/prices

3. Representations and Certifications (Section 00 45 00)

4. All amendments must be acknowledged

5. Financial Statements (Balance Sheet and Income Statement). Provide a copy of the latest financial statement. If the financial statements are older than one year, furnish a statement as to the current financial status of the company.

6. Equipment list

7. Subcontractor Agreements (AMD 0001)

8. Statement from prime contractor disclosing what work the prime will accomplish. (AMD 0001)

B. REQUIRED SYSTEM FOR AWARD MANAGEMENT REGISTRATION – By submission of a bid, the bidders acknowledge the requirement that prospective awardees must be registered in the System for Award Management (SAM) database prior to award, during performance, and through final payment of any contract resulting from this quote. Lack of registration in the SAM database will make a bidder ineligible for award.

Contractors may obtain information on registration and annual confirmation requirements by calling 1-888-227- 2423, or at: https://www.sam.gov.

(1) Lack of registration in the SAM.gov database will make a bidder ineligible for award. SEE CONTRACT CLAUSE 52.204-7 ENTITLED "System for Award Management".

(2) This requirement now applies to both new and existing entities. Make sure your SAM profile includes "all awards" and not just "Federal Assistance Awards" as this option is only for grants and cooperative agreements. Please visit https://sam.gov for more information.

C. BASIS FOR AWARD: An award will be made with reasonable promptness to that responsible bidder whose bid, conforming to the invitation for bids, will be most advantageous to the Government, considering only price and the price-related factors included in the invitation. (AMD 0001)

D. BIDDER’S QUALIFICATIONS – To establish its responsibility, bidders may be requested by the Government to submit a statement regarding his previous experience in performing comparable work, his business and technical organization, financial resources (including recent financial statements or audits), plant available to be used in performing the work and, if applicable, an approved sub-contracting plan in accordance with FAR 9.104-1.

All documents relevant to establish a bidder’s responsibility shall be made available as soon as practicable after receiving bid; but not later than 3 days after request by the Contracting Officer or the authorized Representative of the Contracting Officer. The Government may perform a price realism analysis as a part of its fair and reasonable price determination. A price realism analysis may also be used the Bidder can realistically perform the requirements at the fixed price proposed, and to assess the risk to the Government inherent in the bid. (AMD 0001) b1ctckeb Cross-Out b1ctckeb Cross-Out b1ctckeb Cross-Out b1ctckeb Cross-Out

PLEASE NOTE: This solicitation requires offerors to enter a National Institute of Standards and Technology (NIST) score in the Supplier Performance Risk System (SPRS) prior to responding to this solicitation. The NIST score is a responsiveness item. Bids/offers from contractors with a NIST score in SPRS will be considered responsive and evaluated/considered for award. Those without a NIST score in SPRS will be deemed NON-RESPONSIVE and thus not evaluated/considered for award. (AMD 0001)

E. SITE VISITS - There will be no an organized site visits (AMD 0001) prior to the public opening of bids.

Bidders should inspect the site where the work will be performed. Site Visits may be coordinated by email or telephone (COLLECT CALLS NOT ACCEPTED) between the hours of 7:30 AM and 3:00 PM, exclusive of Federal Holidays. The point of contact for the organized site visit for this Invitation for Bid is Jason Britt, Wynne Area Engineer, at 870-238-7983 or e-mail jason.w.britt@usace,army.mil. See Section 00 21 00, clause 52.236-27 Alt I, entitled "Site Visit (Construction)" for the additional site visit information. (AMD 0001)

F. CONDITIONS AFFECTING THE WORK - Bidders should visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work and the general and local conditions that can affect the work or the cost thereof. Failure to do so will not relieve offeror from the responsibility for estimating properly the difficulty or cost of successfully performing the work. The Government will assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the Invitation for Bid, the specifications, or related documents. See Section 00 72 00, clause 52.236-3, entitled "Site Investigation and Conditions Affecting the Work".

G. DIRECTIONS FOR SUBMITTING BIDS - Vendors seeking to do business with the Memphis District must complete a vendor registration on https://piee.eb.mil/, as you will be required to submit bids through the PIEE Solicitation Module. Please note that it is imperative that the e-mail address you used to register in SAM.GOV MUST be the same e-mail address used to register in PIEE. Identify the Solicitation Number W912EQ24B0010 and Project Title "15 Mile Bayou Item No. 3 Crittenden County, Arkansas". There are 10 general steps a vendor must follow to register and use PIEE application modules. A complete list can be viewed at the following site:

https://piee.eb.mil/xhtml/unauth/web/homepage/vendorGettingStartedHelp.xhtml#stepl

H. BID OPENING - Bid opening details will be added via amendment to the solicitation 7 days prior to bid opening.

I. BIDDER'S ADDRESS - Prospective bidders should indicate in the bid, the address to which payment and/or correspondence should be mailed, if such address is different from that shown for the bidder on Standard Form 1442 Block 14.

J. AMENDMENTS PRIOR TO DATE SET FOR OPENING BIDS -The right is reserved as the interest of the Government may require, to revise or modify the specifications or drawings or both prior to the date set for receiving Invitation for Bid. Such revisions and amendments, if any, will be announced by an amendment or modifications to this Invitation for Bid. If the revisions and modifications are of a nature which requires material changes in quantities or prices or both, the date set for Invitation for Bid may be postponed by such number of days as in the opinion of the issuing officer will enable bidders to revise their bid. In such cases, the amendment will include an announcement of the new date for bids.

K. NOTICE TO BIDDERS - NINETY DAY OFFER GUARANTEE (See SF 1442 Block 14) (See SF 1442

Block 13) (AMD0001)

L. EXPLANATION OF PROVISION/CLAUSE NUMBERS UTILIZED IN THIS SOLICITATION

1. Federal Acquisition Regulation (FAR) provisions/clauses are numbered as follows: 52.252-1.

2. Defense Acquisition Regulation Supplement (DFARS) provisions/clauses are numbered as follows: 252.204-7000.

M. NOTICE OF BONDS AND INSURANCE - The following bid/contract information is applicable only if the bid/contract is over one hundred fifty thousand dollars ($150,000):

b1ctckeb Cross-Out

(1). BID BONDS: This is applicable only if bid is over one hundred fifty thousand dollars ($150,000).

Each bidder shall submit with his bid a Bid Bond (Standard Form 24, REV 8/2016) with good and sufficient surety or sureties acceptable to the Government in the form of twenty percent (20%) of the bid price or three million dollars ($3,000,000) whichever is lesser. The bid bond penalty may be expressed in terms of a percentage or may be expressed in dollars and cents. See Section 00 72 00, clause 52.228-1, entitled "Bid Guarantee".

(2). PERFORMANCE BONDS: The penal amount of the performance bond shall equal one hundred percent (100%) of the contract price. Bonds shall be received within ten (10) days after receipt of contract award.

See Section 00 72 00, clause 52.228-15, entitled "Performance and Payment Bonds - Construction".

(3). PAYMENT BONDS: Within ten (10) days after receipt of contract award to the bidder whom award is made, one (1) bond, with good and sufficient surety or sureties acceptable to the Government, shall be furnished;

namely a Payment Bond (Standard Form25A, REV 8/2016). The penal amount of such bonds shall equal one hundred percent (100%) of the contract price. See Section 00 72 00, clause 52.228-15, entitled "Performance and Payment Bonds - Construction".

(4). INSURANCE: The accepted bidder shall provide adequate insurance, within ten (10) days after receipt of contract award. See Section 00 73 00, entitled Insurance Requirements and Section 00 73 00, Special Contract Requirements --- Additional Insurance References.

N. POST AWARD SUBMITTAL REQUIREMENTS - Within ten (10) days after receipt of contract award, the contractor shall submit an acceptable performance bond, payment bond and certificate of insurance. Within fifteen

(15) days after receipt of notice of award, the contractor shall provide an approved Accident Prevention Plan, Environmental Protection Plan and Quality Control Plan. (See Sections 00 73 00, 01 57 19.00 11, and 01 45 00) Within ten (10) days prior to commencement of work under this contract, the contractor shall submit to the Contracting Officer's Chief of Security, a list of all Personnel, Vehicles and Equipment that may be used during the construction work under this contract. (See Sections 00 73 00)

O. PROJNET BIDDER INQUIRY

1. Prospective Bidders should submit questions concerning this Invitation for Bid via Bidder Inquiry in ProjNet at www.projnet.org/projnet.

a. To submit and review inquiry items, prospective bidders will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access. A prospective bidder who submits a comment /question will receive an acknowledgement of their comment/ question via email.

Another email to the same address will notify the prospective bidder once the reply is available for viewing.

b. The Solicitation Number is: W912EQ23B0010 W912EQ24B0010 (AMD 0001)

c. The Bidder Inquiry Key is: VVJURA-8SRKKM

Specific Instructions for First Time ProjNet Bid Inquiry Access:

(1.) From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

(2.) Identify the Agency. This should be marked USACE.

(3.) Key. Enter the Bidder Inquiry Key listed above.

(4.) Email. Enter the email address you would like to use for communication.

(5.) Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

(6.) Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

(7.) Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

Specific Instructions for Future ProjNet Bid Inquiry Access:

(1.) For future access to ProjNet, you will not be provided any type of password. You will utilize your Secret Question and Secret Answer to log in.

(2.) From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

(3.) Identify the Agency. This should be marked USACE.

(4.) Key. Enter the Bidder Inquiry Key listed above.

(5.) Email. Enter the email address you used to register previously in ProjNet.

(6.) Click Continue. A page will then open asking you to enter the answer to your Secret Question.

(7.) Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

2. The Bidder Inquiry System will be unavailable for new inquires Seven (7) business days prior to bid opening to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary.

3. Bidders are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

4. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

5. Oral explanations or instructions are not binding. Any information given to a bidder which impacts the offer will be given in the form of a written amendment to the solicitation.

P. BUSINESS WITH US - As required by 15 U.S.C. 644(w), the Corps of Engineers' policy and procedures, as well as past performance information, in regard to definitization of request for equitable adjustments is found at https://www,usace.army.mil/Business-With-Us/Partnering.

P. AVAILABLILITY OF FUNDS-Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer IAW FAR Part 52.232-18 - Availability of Funds.

(AMD 0001)

Q. NEGOTIATIONS AFTER SEALED BIDDING -The Government has the option to reject all bids received in response to the sealed bid advertisement and initiate negotiation. Negotiations will include soliciting offers from each responsible bidder that submits a bid in response to the Invitation for Bids. If, after bid opening, the Contracting Officer determines that negotiations are in the best interest of the Government, the following steps will be followed:

(a) An amendment to the sealed bid advertisement will be issued to each responsible bidder changing the Invitation for Bids Number to Request for Proposals Number. The amendment will also make any necessary changes to the scope of the work.

(b) A cover letter signed by the negotiator will accompany the amendment explaining the procedures to be followed during negotiations.

SECTION 00 21 13 – INSTRUCTION TO BIDDERS

The following have been modified:

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) One Two (AMD 0001) site visits will be scheduled. Perspective viewers must contact the Wynne Area Office at the number below to sign up for the site visit.

(c) Anticipated site visit information is below:

Date: July 16 2024 Time: 0900 Location: 2700 AR-147, Proctor, AR 72376 POC: Jason Britt, (870) 238-7983

ADDITIONAL SITE VISIT: (AMD 0001)

Date: July 23, 2024 Time: 0900 Location: 2700 AR-147, Proctor, AR 72376 POC: Jason Britt, (870) 238-7983

(d) Bidders participaing in the site visit shall contact:

NAME: Mr. Jason Britt ADDRESS: Wynne, AR Area Office

1932 N. Falls Boulevard, P.O. Box 729 Wynne, Arkansas 72396-0729

TELEPHONE: (870) 238-7983

COLLECT TELEPHONE CALLS WILL NOT BE ACCEPTED.

Notes: Most of the project site is inaccessible by vehicle. Contractor should plan accordingly.

(End of provision)

SECTION 00 72 00 - GENERAL CONDITIONS

The following have been modified:

OFFEROR MUST COMPLETE THIS SECTION

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 (insert the period of time within which the Contracting Officer may exercise the option); provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least days (60 days unless a different number of days is inserted) 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

(End of clause)

(End of Summary of Changes)