GFMS IBM09B0004-A003.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE RATING

2. AMENDMENT/MODIFICATION NO.

A003

3. EFFECTIVE DATE

09/15/2009

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

IBWC_CODE

International Boundary and Water Commission

(IBWC)

USIBWC - ACQUISITIONS DIV

4171 NORTH MESA, STE. C100

EL PASO, TX 79902-1441

Colleen Elliott

NAME

TEL.

elliottc@state.gov

EMAIL

6. ISSUED BY IBWC_CODE

International Boundary and Water Commission (IBWC)

USIBWC - ACQUISITIONS DIV

4171 NORTH MESA, STE. C100

EL PASO, TX 79902-1441

7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NO.

IBM09B0004

CONTACT DUNS

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

08/18/2009

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, 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)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE 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.__1__X

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

A. The Solicitation Bid Schedule at pages 7 through 23 will be revised under separate amendment to coincide with the quantities shown in the revised plans and specifications attached to this amendment. Please pro-rate the mobilization/demobilization costs by levee mile of improvement for each of the four project areas: NF1, AC1, AC2 and NF2.

B. Clause 52.225-21 has been replaced with 52.225-23 at I.5 in Section I and provision 52.225-22 has been replaced with 52.225-24 at L.4 in Section L.

C. Additional answers to questions are provided and attached to this amendment at J.15.

D. The deadline for receipt of bids at Block 13 on the SF 1442 is hereby changed to read by 16:00:00 (hour) local time 09/25/09.

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

Colleen Elliott

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

IBM09B0004

Summary Info Continuation Page

Table of Contents

Section Description Page Number

I Contract Clauses I.5 52.225-23 Required use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials Under Trade Agreements (Aug 2009)

J List of Attachments J.12 Specifications J.13 Plans J.15 Questions and Answers

L Instructions, Conditions, and Notices to Offerors and Respondents L.4 52.225-24 Notice of Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials Under Trade Agreements (Mar 2009)

NF1, FM 1015-Baseline Rd, CLINs 001-046.

AC1, FM 1015-Willacy Canal, CLINs 047-070.

AC2, Willacy Canal-White Ranch Rd, CLINs 071-086.

NF2, Baseline Rd - County Line, CLINs 087-132 [Optional].

NOTE: All quantities are 'estimated.'

Please show subtotals and total bid in Block 17 of the SF 1442 as follows:

001-046 $_____________ 047-070 $_____________ 071-086 $_____________ 087-132 $_____________ Total Bid: $____________

IBM09B0004

Line Item Summary

Solicitation Number:

IBM09B0004

Contract Number: Title: RECOVERY - Construct N FW 1, AC 1 & 2 Levee Improv

Date of Solicitation:

09/15/2009

Line Item No. Description Quantity Unit Unit Price Total Cost

Section I - Contract Clauses

I.5 52.225-23 Required use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials Under Trade Agreements (Aug 2009)

08/01/2009

(a) Definitions. As used in this clause—

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States; or

(2) A construction material manufactured in the United States.

“Foreign construction material” means a construction material other than a domestic construction material.

“Free trade agreement (FTA) country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of an FTA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in an FTA country into a new and different construction material distinct from the materials from which it was transformed.

“Least developed country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

“Manufactured construction material” means any construction material that is not unmanufactured construction material.

“Recovery Act designated country” means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, or United Kingdom);

(2) A Free Trade Agreement country (FTA)(Australia, Bahrain, Canada, Chile, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Israel, Mexico, Morocco, Nicaragua, Oman, Peru, or Singapore); or

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia).

“Recovery Act designated country construction material” means a construction material that is a WTO GPA country construction material, an FTA country construction material, or a least developed country construction material.

“Steel” means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements.

“United States” means the 50 States, the District of Columbia, and outlying areas.

“Unmanufactured construction material” means raw material brought to the construction site for incorporation into the building or work that has not been—

(1) Processed into a specific form and shape; or

(2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials.

“WTO GPA country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials.

(1) The restrictions of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) and the Buy American Act (41 U.S.C. 10a–10d) do not apply to Recovery Act designated country construction material.

Consistent with U.S. obligations under international agreements, this clause implements—

(i) Section 1605 of the Recovery Act by requiring, unless an exception applies, that all iron, steel, and other manufactured goods used as construction material in the project are produced in the United States; and

(ii) The Buy American Act by providing a preference for unmanufactured domestic construction material.

(2) The Contractor shall use only domestic or Recovery Act designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause does not apply to the construction materials or components listed by the Government as follows: “None.”

(4) The Contracting Officer may add other construction material to the list in paragraph (b)(3) of this clause if the Government determines that—

(i) The cost of domestic construction material would be unreasonable.

(A) The cost of domestic iron, steel, or other manufactured goods used as construction material is unreasonable when the cumulative cost of such material will increase the overall cost of the contract by more than 25 percent;

(B) The cost of unmanufactured construction material is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality; or

(iii) The application of the restriction of section 1605 of the Recovery Act or the Buy American Act to a particular construction material would be inconsistent with the public interest.

(c) Request for determination of inapplicability of section 1605 of the Recovery Act or the Buy American Act.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including—

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Cost;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(4) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this clause.

(iii) The cost of construction material shall include all delivery costs to the construction site and any applicable duty.

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to section 1605 of the Recovery Act or the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable cost of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.

(3) Unless the Government determines that an exception to the section 1605 of the Recovery Act or the Buy American Act applies, use of foreign construction material other than that covered by trade agreements is noncompliant with the applicable Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Material Cost Comparison

Construction Material Description Unit of Measure Quantity Cost (Dollars)*

Item 1:

Foreign construction material ________ ________

Domestic construction material ________ ________

Item 2:

Foreign construction material ________ ________

Domestic construction material ________ ________

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[* Include all delivery costs to the construction site.]

Section J - List of Attachments

J.12 Specifications 08/17/2009 approximately 400 pages

Amendment A002: The specifications are replaced in their entirety to include North Floodway North and South Levee Improvements (NF2).

Amendment A003: Specifications for 00 31 21 Survey Information, 00 31 24 EA Information, 01 19 00 Scope of Work, 01 33 00 Submittals, 01 45 00 QC-QA, 02 02 00 Existing Conditions, 50 25 00 Hot Mix, 60 21 00 Hydra Cement, 60 41 00 Steel Structures, and 60 50 00 Railing are replaced with those attached. The remaining specifications remain unchanged and in full force and effect.

J.13 Plans 08/17/2009

Rehabilitation of North Floodway, North and South Levees (NF 1), from FM 1015 to Baseline Road, approximately 500 sheets.

Rehabilitation of Arroyo Colorado, North Levee (AC 1), from FM 1015 to Willacy Canal, approximately 300 sheets.

Rehabilitation of Arroyo Colorado, North Levee (AC2), from wiWillacy Canal to White Ranch Road, approximately 200 sheets.

Amendment A002: Rehabilitation of North Floodway, North and South Levees (NF2) form Baseline Road North to Hidalgo/Cameron Counth Lines, approximately 500 sheets.

Amendment A003: Replace plan sheets with the attached drawings as identified below. All other remaining plan sheets remain unchanged and in full force and effect.

NF1 Cover Sheet Marked 'Addendum No. 2,' 04.01 Estimates of Quantities, 05.01 Summaries through 05.06, 06.02 and 06.03 Proposed Typical Section, Plan & Profile Sheets 08.03, 08.04, 08.09, 08.17, 08.20, 08.21, 08.24, 08.25, 08.30, 08.31, 08.61, 08.64, Proposed Cross Section Sheets 10.95 and 10.96, Structure Sheets 12.06, 12.24, 12.31, 12.44, 12.53, 12.63, 12.63A, 12.63B, 12.64, 12.65, and 12.69, Environmental Permits Sheet 14.01, and Traffic Control Plan 15.28.

AC1 Cover Sheet Marked 'Addendum No. 2,' 04.01 Estimates of Quantities, Summary Sheets 05.01 through 05.04, 06.02 Proposed Typical Section, Plan & Profile Sheets 8.01 through 8.33, Proposed Cross Section Sheets 10.01 through 10.30, Structure Sheets 12.05, 12.19, 12.22, and 12.23, and Environmental Permits Sheet 14.01.

AC2 Cover Sheet Marked 'Addendum No. 2,' 03.01 General Notes, 04.01 Estimates of Quantities, Summary Sheets 05.01 through 05.03, Plan & Profile Sheets 08.01, 08.10, and 08.18, Proposed Cross Section Sheets 10.01 through 10.30, Structure Sheets 12.04, 12.05, 12.06, 12.09, and 12.14, and Environmental Permits Sheet 14.01.

NF2 Cover Sheet Marked 'Addendum No. 2,' 03.01 General Notes, 04.01 Estimates of Quantities, Summary Sheets 05.01and 05.03, Plan & Profile Sheets 08.01, 08.32, 08.40, 08.53, 08.54, 08.88, 08.90, 08.105 and 08.125, Structure Sheets 12.39, and 12.41, and Environmental Permits Sheet 14.01.

J.15 Questions and Answers 09/15/2009

08-24-09: The following Question and Answer were submitted in response to this solicitation. This is provided solely for information purposes only and does not change the terms of the solicitation, plans and or specifications unless so otherwise stated

From Mr. Mike Team, Assistant Vice President, Phillips and Jordan, 191 P & J Road, Robbinsville NC 28771 Telephone (828) 479 3371 Fax (828) 4793010 www.pandj.com on 08-24-09:

Question: Specification 60 80 00 calls for a self rising floodwall without electrical or hydraulic motors however Bid item # 044 refers to specification 60 80 10 Floodgate (Manuel) where is the specifications for the Manuel floodgates.

Answer: The bid item is actually shown as 60 98 10 Floodgate (Manual) (5’ x 24’). It is to be constructed in accordance with the plans and dimensions as called for in the plans. The technical specification has been revised and is included in Addendum 1.

09-15-09:

June 4, 2009 e-mail from Ruby Vasquez gaviotaven@wildblue.net

Question: I have accessed the vendors list on six projects listed on fbo.gov. However, I am interested in plan holders that will purchase the fill materials such a fill dirt, sand caliche etc. Gaviota Sand Pit owns several hundred acres inside the floodways where we excavate materials. Some of the vendors listed appear to be companies that would not perform work that would require purchase from a commercial source. Aslo, on IBM09B0004 you state" all sources may submit bid". Are you looking for materials prices only?

One of the area of special interest to me is the levee improvements from the willacy canal to white ranch road.

Our main excavation area runs parralel almost the entire length of this section and is also where my home is located. That section is not mentioned on 04. Will this section eventually be listed?

Jaime Vazquez (owner)

Answer: All sources submitting bids must bid on the entire bid schedule. Material bids are not separately sought. If the section is not mentioned in the plans it is not included in the project.

August 24, 2009 e-mail from Michael A Teem, Phillips and Jordan Inc., www.pandj.com

Question: Specification 60 80 00 calls for a self rising floodwall without electrical or hydraulic motors however Bid item # 044 refers to specification 60 80 10 Floodgate (Manuel) where is the specifications for the Manuel floodgates.

Answer: S&B - The bid item is actually shown as 60 98 10 Floodgate (Manual) (5’ x 24’). It is to be constructed in accordance with the plans and dimensions as called for in the plans. The technical specification has been revised and will be included in Addendum 1.

August 25, 2009 e-mail from from Michael A Teem, Phillips and Jordan Inc., www.pandj.com

1. Do we have to notify landowners that we will be working on their property and will IBM provide us a list of landowners with contact information?

Answer: It will be the Contractor’s responsibility to obtain landowner information and to notify the landowner.

2. I am traveling today to attend the pre-bid in the morning and I was informed that a new set of specifications have been posted and additional plans are expected extending the work (option) to Hidalgo County Line. Will the time for asking questions be extended since those traveling today will not be able to view the new plans and specs until after the pre-bid.

Answer: The period for asking questions is closed.

August 26, 2009 e-mail from Ian McKinney, Kirkland Construction, kirklandconstruction@ghvalley.net

I am submitting a written request for the licensed borrow suplliers for IBM09B0004.

Answer: There is no list of licensed borrow suppliers for IBM09B0004.

I have looked and looked and cannot find plans for the NF2 option in Amendment A001 or A001cont. We have access to these amendment files on fedbizops.

Answer: The plans have been uploaded.

August 25, 2009 e-mail from from Michael A Teem, Phillips and Jordan Inc., www.pandj.com

Question: Amendement #1 Description of Amendment/Modification it states that Arroyo Colorodo North and South Levees (AC2) From Willacy Canal to White Ranch Road are part of the Modification. However when I ask about looking at the South Levee for (AC2) they said that was not part of the project and it must be a typo error is this correct? Amendment # 1 also states that new plans for NF2 have been added. I do not see any revised plans in the amendment #1 that was issued only the new specifications, boring logs, and Appendix A-G.

Where are the plans for NF2?

Answer: The plans were uploaded with Amendment 1; however, FedBizOpps was not showing them. We finally got them to a size that would upload under solicitation amendment IBM09B0004-0002 and they were posted, erroneously under solicitation amendment IBM09B0004-0003.

August 26, 2009 e-mail from Ian McKinney, Kirkland Construction, kirklandconstruction@ghvalley.net

In our first conversation concerning the plans for NF2 you led us to the bore logs. In our second conversation you gave us a link to the bid schedule. I am looking for the plans. The plans.

Answer: The plans have been uploaded.

Also, do you have to have prior approval to supply material for bid items: 012, 057, 079, 099 SPECIFICATION 35 41 02 Raise Levee (Embankment). If the answer is yes, please supply the approved supplier list.

Answer: The information needed for response to this question is within the existing Specification 35 41 00; the material needed for this specification requires compliance-confirmation by the Government prior to being delivered to the project site; the Contractor is responsible and required to provide material that meet the specifications, and there is no approve supplier list for this specification.

August 28, 2009 e-mail from from Michael A Teem, Phillips and Jordan Inc., www.pandj.com

1. Are there any weight restrictions for trucks running on top of the levee?

Answer: There are no weight restrictions for conventional earth moving and hauling equipment on top of the levee.

2. Will burning of Woody Debris be allowed?

Answer: Only if the contractor obtains all necessary permits.

3. Are all septic tanks, structures and hazardous materials to be removed shown on the plans? If not and a large quantity of hazardous material is found how will it be paid for?

Answer: There is no existing information regarding hazardous materials within the project site; differing site conditions for removal of hazardous material will be addressed through Contract amendment as per clause 52.236-2 incorporated by reference in Section I of the solicitation at I.1.

4. I wanted to verify that the Sub Contracting plan must be submitted within 24 hours of award is this correct?

Answer: Yes.

5. Which takes preference the plan or the specs in case of contradictions between the two? I ask this question since we do not have all the plans for the project and the deadline for asking questions expires today

Answer: In accordance with Federal Acquisition Regulation (FAR) clause 52.214-29 Order of Precedence—Sealed Bidding (Jan 1986), incorporated by reference in Section I, under I.1, Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order: (a) The Schedule (excluding the specifications); (b) Representations and other instructions; (c) Contract clauses; (d) Other documents, exhibits, and attachments; and (e) The specifications.

August 28, 2009 e-mail from Sandy Aguilar, Longhorn Excavators, Inc., sandy.aguilar@longhornexcavators.com\

Question: The revised bid form sent with amendment #1 list line items 087 through 132 as “Optional Line Item”, what does this mean?

Answer: The Contractor will need to provide a bid for the optional line items; however, it will be the Government’s option to exercise an award for the optional line item.

Plan sheet 12.65 of “Rehabilitation of North Floodway Levee, from FM 1015 to Baseline Road” Traffic Control Plan – Sequence of Construction Note 1 in both Phase 1 & Phase 2 states “Install traffic control devices as shown on TCP (2-4)-03. Install CTB and 2 REACT’s. We are unable to find the referenced plan sheet (TCP (2-4)-03) with the layout of the CTB and REACT’s.

Answer: Plan Sheet 12.65 has been revised and provided under Solicitation Amendment 3 (Plan Sheet, Addendum No. 2).

September 2, 2009 email from Jaime & Ruby Vazquez, gaviotaven@wildblue.net

Question: Colleen, using the amendment 02 that extends the Q&A we pose the following question. Gaviota Materials is currently involved in a large demolition project in Mercedes, Texas. We are producing screened crushed concrete that will meet the TXDOT specs referenced for the flex base requirement of this solicitation and others. This type of material is used in parts of the state and country where there is no sources of rock based materials in those geographical areas. The source of our crushed concrete will greatly minimize the material hauling of the flex base from sources located in north eastern Hidalgo Co. and ultimately reduce the cost to the government. Can this material be a substitute for the caliche material that is called for on this solicitation?

Answer: The Contractor will be required to provide a bid on the project as shown in the plans and specifications; the Contractor will be required to provide materials that meet the plans and specifications.

September 2, 3 & 4, 2009 e-mail from from Michael A Teem, Phillips and Jordan Inc., www.pandj.com

1. Bid item number 088 Temp Erosion Control (Const Exit) is for 624 LF all the other (Const Exit) items are in SY should this one not be in SY also to keep things consistant?

Answer: Yes, Bid Item for 088 should be for SY.

2. Bid Item number 097 for Seeding (TEMP) is in SF the others are SY and it doesn’t really matter other than in our databases for pricing the item it is less time consuming if they are all the same either SF or SY.

Answer: Yes, Bid Item for 097 should be for SY.

3. Amendment #3 did not post.

Answer: Amendments are posted in FedBizOpps via SF 30s. This is A003. The specifications and drawings are on Amendment 1 versions.

4. Considering the Memorial Day weekend and the plans are not available for review yet I am requesting that the bid date be extended. As we will need to deliver plans to sub-contractors and go look at the work once we have the plans this also includes 2 days of travel time plus the time to look at the sites.

Answer: An extension has been considered and is reflected on the SF 30.

5. On the amendment #2 sheet 4 under line item summary NF1 and NF2 appear to be the same thing but different quantities on the bid sheet. (See Below)

Is this just a typo or are quantities duplicated in NF1 and NF2 and if they are what is it that makes them different?

NF1, FM 1015-Baseline Rd, CLINs 001-046.

AC1, FM 1015-Willacy Canal, CLINs 047-070.

AC2, Willacy Canal-White Ranch Rd, CLINs 071-086.

NF2, Baseline Rd - County Line, CLINs 087-132 [Optional].

NOTE: All quantities are 'estimated.' Please show subtotals and total bid in Block 17 of the SF 1442 as follows:

001-046 $_____________

047-070 $_____________

071-086 $_____________

087-132 $_____________

Total Bid: $____________

Page 4 of 6 IBM09B0004

Answer: There are four levee reaches, and each have their own bid item list as described above. Note: The description in the header for the bid schedule has been corrected for NF2 as shown above.

6. Section 01 57 00 page 4 paragraph 1.11 state that used Hydrocarbons shall be disposed of by the Contractor.

Is this talking about oil spills from a truck or piece of equipment or some existing material already at the site.

Answer: Specification 01 57 00, page 4, paragraph 1.11 is referencing used hydrocarbons generated by the Contractor; it does not reference existing materials.

7. If it is existing how will it be paid for and what kind of tests are needed to determine the quantity of material?

Answer: See response to Question 6.

8. The bid items and plans for the AC1 Levee show 48,509 CY of Raise Levee Embankment and 28,997 of that material per the Plan Sheet Summary of Levee goes in a 200 foot section on page 6 of the plan and profile sheets. I believe this quantity may be wrong as well as the Remove Topsoil, Raise Levee Bench Excavation, Raise Levee Topsoil and Roadway Flexbase?

Answer: Plan sheet has been revised to show revised quantities, and is being provided under Solicitation Amendment 3 (Plan Sheet, Addendum No. 2)

9. If these quantity’s are correct then the cross sections may need to be revised as they show raising the levee less than 3 feet on that page with only a 200 foot section being worked. Please advise.

Answer: See response to Question 8.

10. North Floodway Levee1 (NF1) per amendment # 1 only includes the North Levee but it still includes in the bid items quantities that match doing the work on Both the North and South Levees. For example the Estimate of Summary Sheet North Levee (Raise Levee Embankment) total is 298,051 CY and the bid item calls for 306,685 CY which includes the material for the south Levee (8,634 CY). Should the bid items match the Estimate of Summary Sheet or simply ignore this? All the bid items for the (CLINs) 001-046 shown on the summary sheet are this way.

Answer: Contractor needs to provide bid per the bid items as shown in Section B; plan sheets and bid items have been revised under Solicitation Amendment 3 (Plan Sheet, Addendum No. 2).

11. I know the time for asking questions is over but the plans were not available until today and below are some issues I have found that need to be resolved before a determination can be made on how much dirt and other material are needed as the plans and previous amendments do not match. Amendment # 1 Summary Info Page Description of Modification states that the NF2 {Option } FM 1015 to Hidalgo/Cameron County Line but the plans show the Option as starting at Baseline Road to Hidalgo/Cameron County Line. (Which one is correct?) (Note) This leaves the South part of NF1 out completely from the 1015 to Baseline since neither the (Option per Plans)or the NF1 (North Levee only per specs) include the south section. (Note) the Plans for NF1 include the South Levee Specs do not) Per amendment # 1 the plans reflected that either you would do the North Levee from the 1015 to Baseline or the Option which included the North and South Levees from 1015 to County Line showing you would choose one of the two, but that is not the case according to the (NF2 Plans) which do not include any of the levees below Baseline Rd. (Bottom Line) the Plans are in agreement and cover the entire levee but the Specs do not agree with the plans and leave out part of the levee. The quantities in the bid items match the plans also but the Description of Amendment Modification amendment # 1 does not and Amendment # 2 Line Item Summary does not match the plans. Please advise as these are critical issues.

Answer: Clarification of limits is as follows: NF1 is from FM 1015 to Baseline Road and NF2 is from Baseline Road to Hidalgo-Cameron County Line; Contractor needs to provide bid per the bid items as shown in Section B; plan sheets and bid items have been revised under Solicitation Amendment 3 (Plan Sheet, Addendum No. 2).

12. There is a note on the Environmental Permits Issues & Comments (EPIC) North and South Levee (Sheet No. 14.01) under (VII.) Soils note number (1) states “ Levee fill material would come from commercial sources and not from borrow areas in the floodplain. I know on the last bid (IBM09B0005) this was addressed and changed is that true for this project also?

Answer: The note was removed from the EPIC sheet; plan sheet has been revised under Solicitation Amendment 3 (Plan Sheet, Addendum No. 2).

Section L - Instructions, Conditions, and Notices to Offerors and Respondents

L.4 52.225-24 Notice of Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials Under Trade Agreements (Mar 2009)

03/01/2009

(a) Definitions. “Construction material,” “domestic construction material,” “foreign construction material,” “manufactured construction material,” “Recovery Act designated country construction material,” “steel,” and “unmanufactured construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Required Use of Iron, Steel, and Other Manufactured Goods—Buy American Act—Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-23).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) or the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-23 in the request. If an offeror has not requested a determination regarding the inapplicability of section 1605 of the Recovery Act or the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) If the Government determines that an exception based on unreasonable cost of domestic construction material applies, the Government will evaluate an offer requesting exception to the requirements of section 1605 of the Recovery Act or the Buy American Act by adding to the offered price of the contract—

(i) 25 percent of the offered price of the contract, if foreign iron, steel, or other manufactured goods are used as construction material based on unreasonable cost of comparable manufactured domestic construction material; and

(ii) 6 percent of the cost of foreign unmanufactured construction material included in the offer based on unreasonable cost of comparable domestic unmanufactured construction material.

(2) If two or more offers are equal in price, the Contracting Officer will give preference to an offer that does not include foreign construction material excepted at the request of the offeror on the basis of unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material, other than Recovery Act designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-23, the offeror also may submit an alternate offer based on use of equivalent domestic or Recovery Act designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer and a separate cost comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-23 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-23 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or Recovery Act designated country construction material, and the offeror shall be required to furnish such domestic or Recovery Act designated country construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations