SF 30 Amendment 002.pdf

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B - 10

BID SUMMARY

Project VI 30(35) Contract 2

(1) Schedule A Bid Total (from Page B-9) = (1) $____________________

Schedule A Contract Administrative Cost Number of calendar days necessary to complete all Schedule A work from Notice to Proceed (or date specified in the Notice to Proceed) to completion of Schedule A. See Block 11 of the SF-1442 for allowable maximum/minimum calendar days.

(2) calendar days x $2,700 per calendar day = (2) $____________________

Total Price of Project (for evaluation purposes only)

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

DO NOT INCLUDE ANY CONTRACT ADMINISTRATION COSTS IN BLOCK 17 OF THE SF-1442

Does the Bidder claim the Price Evaluation Preference for HUBZone Small Business Concerns as defined in FAR Clause 52.219-4?

Yes No peggy.schaad Typewritten Text Amendment 002 peggy.schaad Typewritten Text peggy.schaad Typewritten Text

NOTICE TO BIDDERS

CONTRACT FORMAT:

Bidders should note that the format of this contract is in accordance with Federal Acquisition Regulations (FAR), promulgated by the General Services Administration (GSA), effective April 1, 1984, including all applicable revisions. Applicable FAR provisions and clauses are incorporated in this contract by reference or full text as indicated in the INDEX before the D-page in this booklet. FAR provisions and clauses incorporated by reference can be accessed on the Internet on the GSA website at www.arnet.gov/far/.

Bidders are encouraged to review the documents thoroughly before bidding.

PROPOSAL BOOKLET AND OFFER SUBMITTAL:

It is the responsibility of the bidder to verify that this proposal is complete as listed in the Table of Contents. The bidder is responsible for submitting all required forms and documents with the offer.

Bidders should use the Checklist for Bid Submittal included in this booklet to check that their bids are complete.

CONSTRUCTION CONTRACTS:

As stated in FAR Clause 52.236-1, the Contractor shall perform on the site, and with its own organization, work equivalent to at least 50%. Additional guidance is given in FAR Subpart 35.5 where the majority of the project work is complex and specialized such as restoration work, bridge painting, and proprietary construction techniques (i.e. proprietary Cintec arch strengthening.) There are exceptions and they will be reviewed on a case-by-case basis.

BID GUARANTEE:

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. A bid bond from a corporate surety must be from a surety acceptable to the Government as appearing on the Department of the Treasury’s list of approved sureties. The bid bond must have an original signature and an embossed seal for the surety. If a Power of Attorney is required with the bid bond, the Power of Attorney should have an original signature of the surety or, an embossed seal for the surety company in the certification section.

If the Power of Attorney form contains any language stating that the Power of Attorney can be revoked at any time, the document must contain an original signature or an embossed seal in the certification section.

HAZARDOUS MATERIALS IDENTIFICATION AND MATERIAL SAFETY DATA:

As required by FAR Clause 52.223-3, Hazardous Materials Identification and Safety Data, the apparent low bidder must submit prior to award a Material Safety Data Sheet (MSDS's) for all hazardous materials that the bidder identifies in paragraph (b) of this clause in the D-pages of this booklet. Failure to submit MSDS's may render the bidder ineligible for award of contract. The apparent low bidder should submit their MSDS's within two weeks after bid opening.

BONDING:

Small business concerns and disadvantaged business enterprises may obtain assistance in securing necessary bonding for this project by contacting the office of the Small Business Administration located in their State.

FINANCING ASSISTANCE: -Minority, Women-owned, and Disadvantaged Business Enterprises (DBE's). The Department of Transportation (DOT) offers working capital financing assistance for http://www.arnet.gov/far� transportation related contracts. DOT's Short-Term Lending Program (STLP) offers lines of credit to finance accounts receivable. Maximum line of credit is $750,000 with interest at the prime rate. For further information, call (800) 532-1169 or 202-366-1930. Internet address: http://osdbuweb.dot.gov.

INTERNET BASED DATA BASES - REQUIRED INPUT must be completed at time of bid:

According to the FAR Subpart 4.1102 contractors MUST be registered in Central Contractor Registration (CCR) prior to the award of any contract. Access the following web site to register:

www.ccr.gov According to the FAR Subpart 4.1201 contractors MUST complete their Online Annual Representations and Certifications Application (ORCA) prior to the closing date of the bid online at http://orca.bpn.gov/.

According to the FAR Subpart 22.1302 (b) contractors and sub-contractors MUST complete the required Annual Vets-100 Form in order to be eligible for a contract award. It can be completed online at http://vets100.com.

PAYMENT:

Bidders are advised to review the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP), subsection 109.05, concerning direct and indirect payment included under a pay item in the bid schedule.

PROGRESS PAYMENTS:

ALL payments will be made via Electronic Funds Transfer (EFT) as such; the payment information in the CCR must be accurate in order for contractors' invoices to be considered proper invoices for the purpose of prompt payment under DOT contracts. Contractors must input and maintain (update as necessary) their EFT information in the CCR database. Offerors are advised that under FAR Clause 52.232-5, Payments Under Fixed Price Construction Contracts, upon request, progress payments will include premiums paid by the Contractor to obtain performance and payment bonds as required under this contract. These payments shall not be made in addition to the contract price. As specified in the FP, “Section 151 - MOBILIZATION", payments for performance and payment bond premiums shall be included in mobilization.

WELFARE-TO-WORK INITIATIVE:

The President’s Welfare Reform Bill was initiated to assist welfare recipients and hopefully aid welfare recipients to find gainful employment. In support of this bill, Contractors are encouraged to hire welfare recipients whenever possible and to use welfare recipients in performance of duties on Government contracts.

INCREASING SEAT BELT USE IN THE UNITED STATES:

The President’s Executive Order 13043 dated April 16, 1997, was issued to increase the use of seat belts in the United States. In support of this Order, contractors and subcontractors are encouraged to adopt and enforce on-the-job seat belt policies for their employees when operating company-owned, rented, or personally owned vehicles.

OBTAINING BID DOCUMENTS:

Bid documents will not be mailed. All bid documents are available for direct download from the Federal Business Opportunities (FBO) website:

http://vets100.com/� http://www.fbo.gov/spg/DOT/FHWA/71/postdatePrevDays_1.html or the Eastern Federal Lands Highway Division website: http://www.efl.fhwa.dot.gov/contracting/Documents.aspx. Contractors are encouraged to register on the FBO website (for this specific project) in order to receive Email Notifications automatically when a document is added or updated for this specific project. All questions about this construction project must be emailed to the following address: eflhd.contracts@dot.gov.

THE CONTRACTOR IS SOLELY RESPONSIBLE FOR MONITORING THE WEB PAGES

NOTED ABOVE FOR ALL CHANGES TO THE SOLICITATION AND ACTING ON SAID

CHANGES. SELECTED DBE PROGRAM PROVISIONS FOR THE VIRGIN ISLANDS –

DISADVANTAGED BUSINESS ENTERPRISE (DBE) PARTICIPATION IN USDOT ASSISTED

CONTRACTS (EFLHD – ADMINISTERED CONTRACTS) POLICY:

It is the policy of the United States that small business concerns, including small disadvantaged business concerns, shall have the maximum practicable opportunity to participate in performing contracts. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business concerns, including small disadvantaged business concerns. The Contractor hereby agrees, by signature on this Contract, to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract performance. The Contractor further agrees to cooperate in any studies or surveys as may be conducted by the United States Small Business Administration, the Federal Highway Administration (FHWA), or the Virgin Islands, as may be necessary to determine the extent of the Contractor’s compliance with this policy.

DBE PARTICIPATION/CONTRACT GOAL AND GOOD FAITH EFFORTS:

For purposes of this Contract, the DBE subcontracting goal is 25

Guidance on what constitutes good faith efforts is described in the Virgin Islands Department of Public Works’ (VIDPW) approved DBE Program. Copies of the program can be obtained from the VIDPW’s DBE Program Coordinator.

percent of the total contract amount, as determined by the Virgin Islands Department of Public Works with the concurrence of the Contracting Officer When the contract goal DBE participation is zero percent (0%), the contractor, must still submit a small business subcontracting plan prior to award identifying all DBE’s which the contractor intends to use on the project. This Contract will be awarded only to the low responsive and responsible bidder who meets this goal or who demonstrates good faith efforts to do so. Failure to make a good faith effort is defined as willful or intentional failure to perform in accordance with the requirements of this Contract, or willful or intentional action to frustrate the achievement of the Subcontracting Plan, if applicable.

TERMINATION / SUBSTITUTION / REPLACEMENT OF LISTED DBE FIRMS:

The Prime contractor may not terminate for convenience a DBE subcontractor without the Contracting Officer’s prior written consent. The prime contractor will be expected to identify an acceptable certified DBE subcontractor replacement in that event, or demonstrate good faith efforts to do so. This restriction does not prohibit termination for default or for failure to perform adequately. If a DBE subcontractor is unwilling or unable to perform the work of the commitment made to the prime contractor, the prime contractor shall immediately notify in writing the Contracting Officer, and request to be relieved of the commitment to use the named DBE.

mailto:eflhd.contracts@dot.gov�

COUNTING DBE PARTICIPATION:

When a DBE participates in a contract, only the value of the work actually performed by the DBE will be counted toward performance of the goal. The entire amount of that portion of a construction contract or other contract that is performed by the DBE’s own forces will be credited. Included are the costs of supplies and materials obtained by the DBE for the work of the contract (DBE manufacturer 100 percent of the cost of the materials or supplies may be counted & DBE regular dealer 60 percent of the cost of the materials or supplies), including supplies purchased or equipment leased by the DBE (except supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate). Credit will be allowed for the entire amount of fees or commissions charged by a DBE firm for providing a bona fide service, such as professional, technical, consultant, or managerial services, or for providing bonds or insurance specifically required for the performance of a USDOT-assisted contract. Credit will be allowed for fees considered reasonable and not excessive as compared with fees customarily allowed for similar services. Credit to a DBE contractor will be allowed only if the DBE is performing a commercially useful function on the contract. A DBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. When a DBE subcontracts part of the work of its contract to another firm, the value of the subcontracted work may be counted only if the DBE’s subcontractor is itself a certified DBE. Work that a DBE subcontracts to a non-DBE firm does not count. When a DBE performs as a participant in a joint venture, credit for a portion of the total dollar value of the contract equal to the distinct, clearly defined portion of the work of the contract that the DBE performs with its own forces will be allowed. The Prime Contractor may not count the participation of a DBE subcontractor toward its DBE achievements or the overall goal until the amount being counted toward the goal has been paid to the DBE.

PROMPT PAYMENT:

This Contract includes Prompt Payment for Construction Contracts, which requires payment to the subcontractor for satisfactory performance under its subcontract not later than 7 days from receipt of payment from the United States for work performed by the subcontractor. If retainage is withheld the prime contractor shall be required to release such retainage to subcontractors within thirty (30)calendar days of satisfactory completion, i.e. according to the specifications, of the entire subcontractor’s work.

LIQUIDATED DAMAGES:

If at the completion of the project, the prime contractor has failed to meet the established goal/commitment, or has not demonstrated good faith efforts to do so, the prime contractor shall be assessed liquidated damages for the difference between the established goal/commitment and the actual DBE participation achieved.

RECORD KEEPING REQUIREMENTS:

The Prime Contractor shall keep such records as necessary to ensure compliance with its DBE utilization obligations. The Prime contractor must retain all such records for at least three (3) years after project acceptance by the Contracting Officer following the completion of the contract. These records shall be available for inspection by the Virgin Islands Department of Public Works, the FHWA, the USDOT, or other appropriately sanctioned Virgin Islands State Agencies or Federal Agencies or Departments, to determine the Prime Contractor’s good faith effort to meet the established DBE subcontracting goal. The prime contractor’s DBE liaison officer or designee shall complete the top half of Form A-644, Monthly Contractor DBE Participation, and submit the form or its facsimile to the VIDPW’s DBE Program Coordinator and the Contracting Officer monthly.

COMPLIANCE PROCEDURES:

Whenever it appears that the Prime Contractor or any subcontractor or supplier may not be operating incompliance with the terms, conditions or requirements of this Contract, including but not limited to, encouraging fronting, brokering or the circumstance of a DBE not performing a commercially useful function as defined, an investigation will be conducted. If it is found that the contractor or any subcontractor or supplier is not in compliance with these Special Provisions, the party in noncompliance will be notified in writing.

If the deficiencies are not corrected, the Contracting Officer reserves the right to initiate administrative action against the party or parties in non-compliance, which may include but not be limited to:

1. Termination of the contract for Default, which is a part of this Contract.

2. Withholding an appropriate percentage of partial payments pursuant to Section 109 of the Standard Specifications for Highway and Bridge Construction. This appropriate percentage may be the amount of any proposed monetary sanction.

3. Initiation of appropriate debarment proceedings.

4. Referral of any unlawful actions to the appropriate enforcement agencies.

5. Other actions as appropriate, at the discretion of the Contracting Officer.