A001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

N/A

PAGE

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

A001 04/06/2016 N/A WY PRA YELL 10(19), Grand Loop Road, Norris to Golden Gate, Phase 2

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

Department of Transportation Federal Highway Administration 610 East Fifth Street Vancouver WA 98661-3801

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and Zip Code) 9A. AMENDMENT OF SOLICITATION NO.

X

DTFH70-15-R-00015

9B. DATED (SEE ITEM 11)

03/15/2016

10A. MODIFICATION OF CONTRACT/ORDER NO.

N/A

10B. DATED (SEE ITEM 13)

CODE: N/A FACILITY CODE: N/A

N/A

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 Offers

(__ ) is extended, ( x ) is not extended.

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 Items 8 and 15, and returning 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 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)

N/A

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.

N/A

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)

N/A

E. IMPORTANT: Contractor n/a is not, n/a is required to sign this document and return n/a copies to the issuing office.

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

WY PRA YELL 10(19), Grand Loop Road, Norris to Golden Gate, Phase 2

See page 2 for revisions.

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) 15a. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

N/A

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

BY_________________________________________ BY N/A___________________________ N/A (Signature of person authorized to sign) (Signature of Contracting Officer)

NSN 7540-01-152-8070

PREVIOUS EDITION NOT USABLE

30-105 STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

Amendment No. A001, dated 04/06/2016 WY PRA YELL 10(19), Solicitation No. DTFH70-15-R-00015 Norris to Golden Gate, Ph 2

REVISIONS ARE AS FOLLOWS:

SPECIAL CONTRACT REQUIREMENTS

Page Section/Table Revision E-35 Table 109-2 Pricing Adjustment Pay Items Revises Line Item Numbers E-49 Section 153.02 Qualifications Revises Subsection

SOLICITATION PROVISIONS

Pages B-1 through B-4, Revises FAR Provision 52.204-8, Annual Representations and

Certifications

ENCLOSURES

B-1 through B-4

Pages:

E-35

E-48

Notice to Bidders: Please submit revised pages B-1 and B-4 with your bid.

B-1

Solicitation Provisions Project: WY PRA YELL 10(19), Grand Loop Road, Norris to Golden Gate, Phase 2

Federal Acquisition Regulation Solicitation Provisions

Representations, Certifications and Other Statements of Offeror

To the extent that any of the following Provisions may be in conflict with the Provisions in the IDIQ contract, the following Provisions will control.

The Offeror Makes the Following Representations and Certifications as a Part of its Offer.

52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation (DEVIATION 2015-02) (Feb 2015)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

52.204-8 Annual Representations and Certifications. (Apr 2016)

(a) (1) The North American Industry Classification (NAICS) code for this solicitation is 237310 – Highway, Street & Bridge construction.

Completing FAR provision 52.204-8 Annual Representation and Certifications.

This solicitation is issued under NAICS 237310 – Highway, Street & Bridge Construction with a small business size standard of $36.5 million. If your average annual gross receipts for the past 3 years are above $36.5 million you are a large business for this solicitation. If they are below $36.5 million you are a small business. Please complete the certification listed in paragraph (d).

Before submitting bids, please ensure you have completed your annual representations and certifications electronically at the System for Award Management (SAM) website: https://www.sam.gov/portal/public/SAM/.

Revised by A001 james.mikell Line

B-2

Project: WY PRA YELL 10(19), Grand Loop Road, Norris to Golden Gate, Phase 2

(2) The small business size standard is $36.5 million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) (1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management, and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation.

The offeror shall indicate which option applies by checking one of the following boxes:

[__] (i) Paragraph (d) applies.

[__] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209–2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony

Conviction under any Federal Law. This provision applies to all solicitations.

(viii) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(ix) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(x) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the

Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast

Guard.

(xi) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

Revised by A001

B-3

Project: WY PRA YELL 10(19), Grand Loop Road, Norris to Golden Gate, Phase 2

(xiv) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xvi) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xvii) 52.225–2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225–1.

(xviii) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates I, II and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its

Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its

Alternate II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its

Alternate III applies.

(xix) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xx) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification.

This provision applies to all solicitations.

(xxi) 52.225–25, Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxii) 52.226-2, Historically Black College or University and Minority Institution Representation.

This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.] √ _ (i) 52.204-17, Ownership or Control of Offeror.

√ _ (ii) 52.204-20, Predecessor of Offeror.

__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Certification.

__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Certification.

__ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for

EPA–Designated Products (Alternate I only).

__ (vii) 52.227-6, Royalty Information.

__ (A) Basic.

__ (B) Alternate I.

__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the

SAM Web site accessed through https://www.acquisition.gov . After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201);

except for the changes identified below [offeror to insert changes, identifying change by clause number, Revised by A001

B-4

Project: WY PRA YELL 10(19), Grand Loop Road, Norris to Golden Gate, Phase 2 title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Far Clause # Title Date Change 52.219-1 Small Business Program Representations ___________ Under NAICS Code 237310 the offeror represents as part of its offer that it (__) is, (__) is not a small business.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

52.204-16 Commercial and Government Entity Code Reporting (Jul 2015)

(a) Definition. As used in this provision— Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or Government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NCAGE code.

(b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal. The CAGE code entered must be for that name and address. Enter ‘‘CAGE’’ before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via—

(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Contractor and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Contractor and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the offeror does not otherwise register in SAM, an offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at http://www.dlis.dla.mil/cage_welcome.asp .

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity’s country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA if the foreign entity’s country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus and NSPA, as well as additional information on obtaining NCAGE codes, are available at http://www.dlis.dla.mil/nato/ObtainCAGE.asp .

(d) Additional guidance for establishing and maintaining CAGE codes is available at http://www.dlis.dla.mil/cage_welcome.asp .

(e) When a CAGE Code is required for the immediate owner and/or the highest-level owner by

52.204–17 or 52.212–3(p), the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE Code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

Revised by A001

E-35 DIVISION 100

Special Contract Requirements Project: WY PRA YELL 10(19), GRAND LOOP ROAD, NORRIS TO GOLDEN GATE, PHASE 2

Table 109-2 Pricing Adjustment Pay Items

Line Item Number Pay Item Number

Pay Item Description Product

A1100

A1120

A1140

B1140

B1160

B1180

20401-0000 Roadway excavation Fuel

A1220

A1240

A1260

B1260

B1280

B1300

20411-0000 Select borrow Fuel

A2120 B2220 30801-0000 Recycled Aggregate Base Fuel

A2140 B2240 40101-5600 Asphalt Concrete Pavement, Gyratory Mix, 1/2-Inch or 3/4-Inch Nominal Maximum Size Aggregate, 0.3 TO <3 Million ESAL

Asphalt binder

& Fuel

A2240 B2340 40801-0000 Cold Recycled Asphalt Base Course Fuel

Monthly adjustments will be accrued with the payment or rebate to be made in the final voucher.

A partial price adjustment payment may be made once every 12 months or when the unpaid accrued increase exceeds $10,000 when requested in writing. The Government will withhold a rebate when the deductive accrual exceeds $10,000.

The maximum allowable monthly and final adjustment for payment to the Contractor or rebate to the Government is limited to 50% of the Base Price Index.

(a) Asphalt binder adjustment. The Government will determine price indexes using price data obtained from the Asphalt Weekly Monitor® by Poten and Partners, Inc. The weekly high and low selling price data for “Primary PG 58-28 &PG 64-22 paving grade, Wyoming, Northern markets” reported for the Rocky Mountains will be averaged and used to establish a Base Price Index (BPI) and a Monthly Performance Price Index (MPPI). These indexes are defined as follows:

(1) Base Price Index. The Base Price Index (BPI) is a price index determined by the arithmetic average for prices in the four Asphalt Weekly Monitor® publications immediately preceding the bid opening.

BPI(Asphalt Binder) = $ [PRICE TO BE INSERTED AT AWARD] per ton

(2) Monthly Performance Price Index. The Monthly Performance Price Index (MPPI) is the arithmetic average of the weekly price data from four Asphalt Weekly Monitor® publications issued before the last Wednesday of the month in which the work was performed.

The BPI and MPPI will be posted at:

Revised by Amendment A001

E-48 DIVISION 150

Special Contract Requirements Project: WY PRA YELL 10(19), GRAND LOOP ROAD, NORRIS TO GOLDEN GATE, PHASE 2

Section 153. — CONTRACTOR QUALITY CONTROL

02/19/15– FP-14

Delete the text of this Section and substitute the following:

Description

153.01 This work consists of planning and implementing a construction quality process to ensure work conforms to the contract requirements. This work also includes quality control (QC) inspection and documentation, process control sampling and testing, obtaining samples for QC testing, and performing QC tests. See FAR Clause 52.246-12 Inspection of Construction.

Construction Requirements

153.02 Qualifications.

Furnish quality control managers (minimum of two Quality Control managers - one each for the Canyon Rim work and the Grand Loop Road work) with at least one year of experience managing highway construction quality control or quality assurance programs on a project(s) of similar size, type, and complexity and meeting one of the following requirements:

(a) A Bachelor of Science degree from a four year program in civil engineering, civil engineering technology, construction management, or construction engineering;

(b) 2 years’ experience as a superintendent of a road or highway construction firm;

(c) A level four highway construction or highway materials NICET certification; or

(d) 4 years’ experience as a highway construction inspector or materials quality control supervisory technician.

Do not designate the project manager, superintendent, foremen, testing technicians, or traffic and safety supervisor as the QC manager.

The CO may approve alternative proposals to the requirements of this Subsection.

153.03 Quality Control Plan (QCP).

(a) Personnel. Provide a QCM, on-project during work, with the authority to stop work not in compliance, or that will result in non-compliance, with contract requirements. Provide the CO with a letter, from a company officer or official that is higher in authority than the Superintendent, delegating authority to stop work to the QCM.

Revised by Amendment A001