Amendment_01_19-B-0037_Paving_IDIQ.pdf

MISSION AND INSTALLATION CONTRACTING

MISSION CONTRACTING OFFICE (MCO)

36000 DARNALL LOOP, ROOM 1300B

FORT HOOD TX 76544-5025

0011175600 AD105378P

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

A. This amendment is issued to provide Responses to Industry.

B. This amendment is issued to add Technical Exhibit G - Updated Division One Requirements.

C. This amendment is issued to add Attachment 2 - Appendix B "Task Order Project Example" D. This amendment is issued to add Attachment 3 - Appendix C 'Superintendents" E. This amendment is issued to add paragraph 7 "Amendment to Solicitation", 8 "False Statements in Bids" and 9 "Explanation to Prospective Offerors" to the Instructions to Offerors pages.

F. This amendment is issued to change the Bid Opening Date, Time and Room to September 25, 2019 at 2:00 PM (CST) in Room 1463.

G. All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 16

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

16C. DATE SIGNED

BY 17-Sep-2019

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 W9115119B0037

X 9B. DATED (SEE ITEM 11)

20-Aug-2019

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 X is extended, 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.

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

6. ISSUED BY

3. EFFECTIVE DATE

17-Sep-2019

CODE

MISSION AND INSTALLATION CONTRACTING

MISSION CONTRACTING OFFICE (MCO)

36000 DARNALL LOOP, ROOM 1300B

FORT HOOD TX 76544-5095

W91151 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE W91151

FACILITY CODECODE

EMAIL:TEL:

W9115119B0037

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00010 - SOLICITATION CONTRACT FORM

The required response date/time has changed from 20-Sep-2019 02:00 PM to 25-Sep-2019 02:00 PM.

The required performance has changed from This is an "Invitation for Bids"A Bid Bond is required (see section 00100, FAR Clause 52.228-1).Performance and Payment Bonds are required (see section 00700, FAR Clause 52.228-15).As required by DFARS 236.204, the estimated magnitude of this project is between $25,000,000 and $100,000,000.The NAICS for this acquisition is 237310, Highway, Street, and Bridge Construction (Small Business Size Standard $36.5 Million).This acquisition is 100% Total Small Business Set Aside concerns only; no large business bids will be accepted for this procurement.The awardee of this contract will be required to provide a Superintendent through completion of the project (see section 00700, FAR Clause 52.236-6). Project Manager, Quality Control and Superintendent Positions are considered key positions. These positions SHALL not be sub-contracted and must work directly for the prime contractor.Bidders are required to provide a valid CAGE Code (Block 14 FACILITY), Point of Contact (POC) and email address with their bid.Bidders are required to provide a CD copy of their bid documents w ith their IFB submission.Bid opening address: Shoemaker Center, Bldg. 36000 Darnall Loop, Room 2801, Fort Hood, TX, 76544 to This is an "Invitation for Bids"A Bid Bond is required (see section 00100, FAR Clause 52.228-1).Performance and Payment Bonds are required (see section 00700, FAR Clause 52.228-15).As required by DFARS 236.204, the estimated magnitude of this project is between $25,000,000 and $100,000,000.The NAICS for this acquisition is 237310, Highway, Street, and Bridge Construction (Small Business Size Standard $36.5 Million).This acquisition is 100% Total Small Business Set Aside concerns only; no large business bids will be accepted for this procurement.The awardee of this contract will be required to provide a Superintendent through completion of the project (see section 00700, FAR Clause 52.236-6). Project Manager, Quality Control and Superintendent Positions are considered key positions. These positions SHALL not be sub-contracted and must work directly for the prime contractor.Bidders are required to provide a valid CAGE Code (Block 14 FACILITY), Point of Contact (POC) and email address with their bid.Bidders are required to provide a CD copy of their bid documents w ith their IFB submission.Bid opening address: Shoemaker Center, Bldg. 36000 Darnall Loop, Room 1463, Fort Hood, TX, 76544.

TABLE OF CONTENTS

The Table of Contents has changed from:

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Exhibit A Technical Exhibit A -

Specifications

359 11-DEC-2018

Exhibit B Technical Exhibit B - Drawings

18 21-MAR-2018

Exhibit C Technical Exhibit C - Special Provisions

5 10-MAR-2016

Exhibit D Technical Exhibit D - Paving Organization Flowchart

2 04-DEC-2015

Exhibit E Technical Exhibit E - Bid Schedule

1 22-MAY-2019

Exhibit F Technical Exhibit F - Division One Requirements

111 01-FEB-2018

Attachment 1 Attachment 1 - Appendix A

111 11-JAN-2016

to:

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Exhibit A Technical Exhibit A -

Specifications

359 11-DEC-2018

Exhibit B Technical Exhibit B - Drawings

18 21-MAR-2018

Exhibit C Technical Exhibit C - Special Provisions

5 10-MAR-2016

Exhibit D Technical Exhibit D - Paving Organization Flowchart

2 04-DEC-2015

Exhibit E Technical Exhibit E - Bid Schedule

1 22-MAY-2019

Exhibit F Technical Exhibit F - Division One Requirements

111 01-FEB-2018

Exhibit G Technical Exhibit G - Updated Division One Requirements

113 16-SEP-2019

Attachment 1 Attachment 1 - Appendix A

111 11-JAN-2016

Attachment 2 Attachment 2 - Appendix B

6 11-SEP-2019

Attachment 3 Attachment 3 - Appendix C

1 16-SEP-2019

The following have been added by full text:

RESPONSES TO INDUSTRY

Solicitation W91151-19-B-0037 Paving IDIQ Fort Hood RFIs Contractor submitted/Government Responses after Site Visit on 29 August 2019

1. Solicitation: P 19. Do minimums and maximums pertain to the initial year, or all 3 years (i.e. - the minimum per year is $500,000 and maximum per year is $70,000,000.

The minimum ($500k) is representative of the guaranteed minimum dollar amount of the contract. The maximum ($70m) is representative of the maximum dollar amount of the contract, if all ordering periods are executed.

If only the base year of this contract is used by the Government at its minimum capacity, then the successful contractor will be guaranteed a minimum of $500,000 in work. If the Government uses the contract at its full capacity, AND elects to use all 3 ordering periods (Base, Ordering Period 1 and Ordering Period 2), then the estimated ceiling of all three ordering periods combined is equal to approximately $70,000,000. The Offeror should note that unlike the minimum, the maximum dollar amount is an estimate and is not guaranteed.

2. Solicitation. P 23. Work experience. We are to provide 3 examples of relevant work experience…..similar to the requirements stated in this solicitation. This type of contract, IDIQ paving, are few and far between. While many competent companies that can handle the contract, there are very few that have had such similar contracts.

Can this be reworded to show proof of many projects performed at same time, but not necessarily under one contract?

The requirements outlined on page 23, part 4, refer to the construction work types previously completed for a governmental agency. This should not be interpreted as specifically being under an IDIQ-type contract.

The intent of this section is for the Offeror to provide evidence that they have completed similar type horizontal work, as found in part 1.3, 1.3.2.3, 1.7.2 and other parts of the solicitation. An example of similar type work would be horizontal work completed for state DOT’s, federal agencies or local municipalities where the contractor was required to follow given specifications and reporting as described in this contract.

3. Solicitation P 45. 52.216-22.b notes a "minimum" amount the government may purchase. I do not see any "minimums" or "maximums" on our bid sheet. Please revise accordingly.

The minimum and maximum dollar amount given is found on page 19 of the contract solicitation. These dollar figures are representative of the minimum and maximum the contractor can expect to receive in work by successfully winning the Paving IDIQ contract. The minimum number is guaranteed to the successful offeror for this contract, whereas the maximum is an estimate and is not guaranteed.

The bid sheets are for the contractor to fill out their line-item pricing for each line item given. Ensure that you read the specification, in its entirety, and understand all the work that will be involved and how the work is measured for payment of that line item. After award, there will not be an opportunity to renegotiate line-item prices without competition. Quantities are given on the bid sheets to aid the contractor in their estimation of the per-unit cost of each line item. The end value (total) of all the line items combined is what the Government will use to determine the lowest price. No price range is given for each line item by the Government.

4. Wage rates? Do they change with each option year? Do we get a chance for reimbursement for those changes?

Offerors are instructed to adhere to current Wage Rates included in solicitation W91151-19-B-0037. Wage Rates may or may not change during the ordering period. This is determined by the Department of Labor. If applicable, Offeror may be reimbursed for wage rate changes as determined by the Department of Labor.

5. Lead Superintendent - why do they need 5 years as a SSHO? Can there be an overall SSHO for the contract at the Supers requirement for 5 years as SSHO be removed?

Specs allow for the superintendent to be the on-site safety officer too. Superintendents are dual hat as the on-site safety officer and Superintendent of the site. If the roles were broken apart, an on-site safety officer would be required to be on-site during all physical construction.

6. How many Lead Superintendents are required?

Only one Lead Superintendent is required

7. Superintendent - why do they need 5 years as SSHO in addition to Superintendent experience?

Specs allow for the superintendent to be the on-site safety officer too. Superintendents are dual hat as the on-site safety officer and Superintendent of the site. If the roles were broken apart, an on-site safety officer would be required to be on-site during all physical construction

8. How many Superintendents are required?

A Superintendent, other than the Lead Superintendent shall be assigned to each task order. A superintendent will not supervise multiple task orders (one individual superintendent per task order exception see Attachment 3 – Appendix C “Superintendents”. Please see FAR Clause 52.236-6, Superintendence by the Contractor.

9. Please provide an example of how a Task Order is awarded utilizing the bid items. For instance, buyout for a parking lot that requires import, subgrade prep, base, concrete curb and gutter, concrete driveways, HMAC paving, and striping.

Please see “Appendix B: Task Order Project Example” for a simplified example of how line items are used within a task order.

10. On an IDIQ contract, is the intent to award one contract to one qualified low bidder?

Yes, the contract will only be awarded to the lowest price, qualified offeror.

11. Concerning the QC manager and the QC specialists, it states a manager and 3 specialists are required and that these are dedicated positions. That is a considerable amount of salaries to include and spread out over the bid items, not knowing the amount of work that will be awarded. Should there not be a bid item for Quality Control since you are specifically requesting the number of people to have on staff?

Follow specifications as required by the contract. Application of how the overhead should be applied across the line items is responsibility of the contractor.

12. Please confirm that as per Instructions to Offerors (pages 20-23), our proposal only needs to include 5 resumes, subcontractor list, and past experience?

Confirmed on those requirements, but also any certifications or licenses required in the Instructions to Offerors the contractor is required to provide a copy of the certification or license with the proposal. Bidders are also required to provide a CD copy with their bid, acknowledge all the Amendments, Attach bid schedule “Technical Exhibit E – Bid Schedule” shall be filled out and submitted with bid. Ensure you read the Solicitation and all Technical Exhibits/Attachments in its entirety to meet all the requirements.

13. Instructions to Offerors section 1 "Submission of Bids" talks about a draft progress schedule. What is this in regards to? Is there a seed project that needs to be priced out? Is that detailed in Technical Exhibits A & B or are those general specs/drawings for the area covered by this contract?

Government has removed sentence, “The priced bid shall be supported by a draft progress schedule that demonstrates the offeror’s understanding of the work requirements, phasing of work between buildings, and estimated time frames for ordering and installing equipment.

14. Is the Aug 29 site visit mandatory?

No, but advised.

15. Page 1 of the solicitation asks for a bid bond. Is that meant to be for the aforementioned seed project?

Offeror must submit a bid bond that is 20% of the $500,000 guaranteed minimum.

16. Solicitation W91151-19-B-0037 Fort Hood Paving IDIQ will result in a single award or is this a multiple award contract?

The award of Solicitation W91151-19-B-0037 Fort Hood Paving IDIQ will result in a single contract to a single offeror with multiple task orders

The following have been modified:

INSTRUCTIONS TO OFFERORS

Any bids received in response to this solicitation SHALL carry a 120 day acceptance period before prices need to be verified, extended or re-negotiated.

1. Submission of Bids

Bidders are required to provide a CD copy of their bid documents with their IFB submission.

Attached bid schedule “Technical Exhibit E – Bid Schedule” shall be filled out and submitted with bid. Each CLIN corresponds to an ordering period on the spreadsheet. Total for each ordering period shall be reflected on its corresponding CLIN.

2. Public Bid Openings

Please refer to Block 13A of the 1442. Anyone wishing to attend the bid opening MUST notify the Contracting Officer (jermain.m.compton.civ@mail.mil) and Contract Specialist (lisa.d.lewis2.civ@mail.mil) by email no later than 19 September 2019 at 2:00 P.M CST with a firm commitment to attend.

MAILING ADDRESS

ATTN: Lisa Lewis (Contracting Section) Mission and Installation Contracting Command-Fort Hood 36000 Darnall Loop, Room 1300B Fort Hood, Texas 76544-5095

PUBLIC BID OPENING

Shoemaker Center Bldg 36000 Darnall Loop Room 1463 Fort Hood, TX 76544 25 September 2019 at 2:00 P.M.

3. Pre-requisites for Licensure and Certification

Quality Control Manager (QCM) Under this contract, the Contracting Officer has determined that the Quality Control Manager designated to perform the duties and responsibilities of Quality Control described below and in the Division 1 General Requirements shall possess the following pre-qualifications/training to be acceptable to the Government. Individuals proposed for the position of Quality Control Manager who do not meet these minimum qualifications will be rejected by the Contracting Officer.

a. U.S. Army Corps of Engineers Quality Control course within the last five years (course completion date must be valid throughout the period of the awarded contract).

b. 30 hour Federal OSHA Safety and Health Standards 29 CFR 1910 safety course

c. Provide verifiable work history of at least five years performance as a quality control inspector, 5 year experience as a Superintendent, or combination of both for commercial, industrial, State and/or Federal construction contracts with similar trades in this contract. Residential construction experience is not applicable to this job experience requirement.

d. ACI Concrete Field Testing Technican Grade 1 or equal provide ACI certificaiton document

The QCM shall not be the principle, owner, or president of the company.

Quality Control Specialist (QCS) The Contractor shall have on staff a minimum of 3 QCS's to support the QCM in project quality control functions.

While appointed as a QCS, these personnel may not be appointed to other positions on other construction projects.

The Contractor's QCS shall demonstrate a thorough knowledge of definable features of work in the construction trade and work elements of the contract. The QCS shall show evidence of:

a. Completed the U.S. Army Corps of Engineers Quality Control course within the last five years (course completion date must be valid throughout the period of the awarded contract)

b. 30 hour Federal OSHA Safety and Health Standards 29 CFR 1910 safety course

c. Provide verifiable work history of at least 2 years performance as a quality control inspector, 2 year experience as a Superintendent, or combination of both for commercial, industrial, State and/or Federal construction contracts with similiar trades of this contract. Residential construction experience is not applicable to this job experience requirement.

The QCS shall not be the principle, owner, or president of the company.

The QCS is a dedicated position.

Lead Superintendent(s) Under this contract, the Contracting Officer has determined that the Lead Superintendent designated to superintend the work shall possess the following pre-qualifications/training to be acceptable to the Government. Individuals proposed for the position of Superintendent who do not meet these minimum qualifications will be rejected by the Contracting Officer. This position shall be an individual on the prime contractor's staff – this position is NOT authorized to be fulfilled by a subcontractor.

Requirement of the Superintendent(s):

a. 30 hour Federal OSHA Safety and Health Standards 29 CFR 1910 safety course EM 385-1-1 and annual refresher courses as required.

b. Provide verifiable work history of at least five years experience as the Site Safety Health Officer.

c. Provide verifiable work history of at least 10 years performance as a superintendent, 5 year experience as a foreman, or combination of both for commercial, industrial, State and/or Federal construction contracts with similar trades of this contract with no more than 5 years as a Foreman counting towards this requirement. Residential construction experience is not applicable to this job experience requirement.

d. Provide verifiable work history that the applicant has proficient knowledge of the work being preformed under this contract.

Shall attend the pre-construction conference, pre-work meetings including preparatory inspection meeting, and periodic in-progress meetings.

The Superintendent shall not be the principle, owner, or president of the company.

Superintendent(s) Under this contract, the Contracting Officer has determined that the Superintendent(s) designated to superintend the work shall possess the following pre-qualifications/training to be acceptable to the Government. Individuals proposed for the position of Superintendent who do not meet these minimum qualifications will be rejected by the Contracting Officer. This position shall be an individual on the prime contractor's staff – this position is NOT authorized to be fulfilled by a subcontractor.

Requirement of the Superintendent(s):

a. 30 hour Federal OSHA Safety and Health Standards 29 CFR 1910 safety course EM 385-1-1 and annual refresher courses as required.

b. Provide verifiable work history of at least five years experience as the Site Safety Health Officer.

c. Provide verifiable work history of at least 5 years performance as a superintendent, 5 year experience as a foreman, or combination of both for commercial, industrial, State and/or Federal construction contracts with similar trades of this contract. Residential construction experience is not applicable to this job experience requirement.

d. Provide verifiable work history that the applicant has proficient knowledge of the work being preformed

Shall attend the pre-construction conference, pre-work meetings including preparatory inspection meeting, and periodic in-progress meetings. Follow FAR 52.236-6 superindendence by the Contractor.

The Superintendent shall not be the principle, owner, or president of the company.

Project Manager (PM) Under this contract, the Contracting Officer has determined that the Project Manager designated to preside and control the contract effort shall possess the following pre-qualifications/training to be acceptable to the Government.

Individuals proposed for the position of Project Manager who do not meet these minimum qualifications will be rejected by the Contracting Officer. This position shall be an individual on the prime contractor's staff - this position is NOT authorized to be fulfilled by a subcontractor.

Requirements of the Project Manager:

a. 30 hour Federal OSHA Safety and Health Standards 29 CFR 1910 safety course

b. Provide Engineering Degree, Construction Management Degree,Project Management Professional (PMP) from the Project Management Institute, OR verifiable work history of a minimum of 10 years experience a Project Manager, Superintendent, or Quality Control Manager.

c. Provide verifiable work history that the applicant has proficient knowledge of the work being preformed

d. Residential construction experience is not applicable to this job experience requirement.

The Project Manager shall not be the principle, owner, or president of the company.

Failure to provide this documentation with the bid will render the bid nonresponsive and no further consideration will be given to that bidder for award of this contract. No substitution of the individual possessing the required pre-qualifications will be authorized without the written approval of the Contracting Officer, and no time will be allowed for the contractor to acquire the required training/certification after the contract is awarded.

4. Work Experience

The prime contractor shall demonstrate that it possesses general construction contract management by providing at least three examples of relevant work experience within the last 10 years in an awarded contract similar to the requirements stated in this solicitation. Documentation shall be submitted with the bid and include the contract number, the date of contract award, the customer's name and contact information, the awarded dollar value, the value of the contract at completion, a description of all work elements included in the contract, the number and type of specialty trades needed to complete the contract, the period of time allocated for completion of the work and actual time required to complete the work (include reasons for time extensions).

Contractor must have successfully completed a minimum of ten (10) projects, each with a minimum value of $50,000 within the past three years.

The Contractor shall demonstrate that it has sufficient personnel to ensure satisfactory completion of a variety of projects, some worked simultaneously, with a maximum aggregate total of $20,000,000.00 dollars per year.

Federal work experience is preferred; however, the Government will accept work experience from both State and institutional and commercial contracts as well. No residential work experience will be considered appropriate for this purpose. Failure to provide this documentation will render the bid/offer non-responsive and no further consideration will be given to that bidder for award of this contract.

5. Pre-Bid and Pre-Construction Conferences

The Contracting Officer will conduct a pre-bid/pre-proposal conference in conjunction with the site visit. All potential bidders/offerors attending the site visit are highly encouraged to attend the pre-bid/pre-proposal conference. Information on the scheduled Site Visit is located in FAR 52.236-3 SITE VISIT (CONSTRUCTION) (FEB 1995) of this solicitation. Space limitations dictate that no more than two representatives from each company attend. The Contracting Officer will review solicitation submittal requirements, and other administrative matters critical for successful and timely performance of the work.

The Contractor shall attend a Government coordinated preconstruction conference within 10 calendar days of contract award. As a minimum, the conference shall be attended by the contractor’s appointed project manager, the superintendent, the QCM, and administrative personnel responsible for preparation of contract documents, certified payroll records and invoices. The contractor shall deliver letter appointments of its key personnel that include each individual’s duties, roles and responsibilities.

6. Subcontractor List

Offerors shall submit a list of proposed subcontractors as an attachment to their bid. If offeror does not intend on utilizing subcontractors (self-perform), offeror shall state so in their bid. Failure to provide this listing or statement will render the quote nonresponsive and eliminate the offer from further consideration for award.

7. Amendments to Solicitation

(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

(b) Offerors shall acknowledge receipt of any amendment to this solicitation (1) by signing and returning the amendment, or (2) by identifying the amendment number and date in the space provided for this purpose on the form for submitting a quote. The Government must receive the acknowledgment by the date and time specified for receipt of proposals indicated in block 10 of the SF1442.

8. False Statements in Bids

Offerors must provide full, accurate, and complete information as required by this solicitation and its attachments.

The penalty for making false statements in proposals is prescribed in 18 U.S.C. 1001.

9. Explanation to Prospective Offerors

Any prospective offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing by the date and time specified in FAR Clause 52.236-27. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective offeror concerning a solicitation will be furnished promptly to all other prospective offerors as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective offerors.

SECTION 00100 - BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

Amendment 01:

A. This amendment is issued to provide Responses to Industry.

B. This amendment is issued to add Technical Exhibit G - Updated Division One Requirements.

C. This amendment is issued to add Attachment 2 - Appendix B "Task Order Project Example"

D. This amendment is issued to add Attachment 3 - Appendix C 'Superintendents"

E. This amendment is issued to add paragraph 7 "Amendment to Solicitation", 8 "False Statements in Bids" and 9 "Explanation to Prospective Offerors" to the Instructions to Offerors pages.

F. This amendment is issued to change the Bid Opening Date, Time and Room to September 25, 2019 at 2:00 PM (CST) in Room 1463.

(End of provision)

SECTION 00700 - CONTRACT CLAUSES

The following have been added by full text:

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION 2019-O0003) (JAN 2019)

(a) Definition. “Small business concern,” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside or reserved for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement.

(1) For a contract at or below the simplified acquisition threshold, a small business concern may provide the end item of any firm. For a contract exceeding the simplified acquisition threshold, a small business concern that provides an end item it did not manufacture, process, or produce, shall—

(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;

(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and

(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.

(2) Paragraph (d)(1) of this clause does not apply to construction or service contracts.

(End of clause)

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall--

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

Title File Drawing No.

Technical Exhibit A Specifications W91151-19-B-0037 Technical Exhibit B Drawings W91151-19-B-0037 Technical Exhibit C Special Provisions W91151-19-B-0037 Technical Exhibit D Paving Organization Flowchart W91151-19-B-0037 Technical Exhibit E Bid Schedule W91151-19-B-0037 Technical Exhibit F Division One Requirements W91151-19-B-0037 Technical Exhibit G Updated Division One Requirements W91151-19-B-0037 Attachment 1 Appendix A W91151-19-B-0037 Attachment 2 Appendix B W91151-19-B-0037 Attachment 3 Appendix C W91151-19-B-0037

(End of clause)

The following have been deleted:

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

SPECIAL PROVISIONS

PERFORMANCE AND PAYMENT BONDS FOR CONSTRUCTION CONTRACTS AND MODIFICATIONS

The Contractor shall provide one of the payment protections identified in FAR 52.228-15, Alternative Payment

Protections within the time specified in Block 12b of the SF 1442 (Far 28.102-1(b)(1)). Failure to provide executable documents within the stipulated timeframe may result in a payment delay or a termination action. FAR 52.228-2, Additional Bonds Security, requires the Contractor to promptly furnish additional security if (a) Any surety upon any bond, or issuing financial institution for other security, furnished with this contract becomes unacceptable to the Government;(b) Any surety fails to furnish reports on its financial condition as required by the Government; (c) The contract price is increased so that the penal sum of any bond becomes inadequate in the opinion of the Contracting Officer; or (d) An irrevocable letter of credit (ILC) used as security will expire before the end of the period of required security. If the Contractor does not furnish an acceptable extension or replacement ILC, or other acceptable substitute, at least 30 days before an ILC’s scheduled expiration, the Contracting officer has the right to immediately draw on the ILC.

AWARD OF CONTRACT AND NOTICE TO PROCEED (NTP)

A 30-day mobilization period is incorporated into the period of performance to allow for pre-construction tasks (this time is allocated for the contractor’s use in submission of performance and payment bonds (see Block 12a and 12b of the SF 1442 and FAR 52.228-15), submission of the progress schedule (FAR 52.236-15), notifications to the State for special construction requirements, requesting dig permits, material submittals and subcontractor agreements).

A Notice to Proceed will be given only after approval of required payment protection submitted in accordance with FAR Subpart 28. Standard Forms 25 and 25A are available at http://www.gsa.gov/Portal/gsa/ep/formslibrary . No billable work shall commence under this contract/ modification until after the contractor receives the NTP. Work shall commence on the job site no later than the 31st calendar day following the date of contract award, and all construction and contractual requirements shall be completed no later than the ending date of the period of performance cited in this contract.

PROGRESS SCHEDULES (see also Division 1 General Requirements Specifications below)

The contractor shall deliver to the Contracting Officer a completed progress schedule per Division One Requirements. In the event of a contract modification affecting individual work elements and/or overall construction completion, the contractor shall submit a revised progress schedule for review and approval within five calendar days of receipt of such modification. The Schedule shall be digitally signed by the Contractor and delivered to the Contracting Officer, with a copy furnished any agents or representatives identified elsewhere in the contract.

The progress schedule shall demonstrate the flow of work from contract award through final inspection and acceptance. It must display a time table, in weeks, of the contractor’s method of prosecuting the work, and show a percentage and dollar value correlation of each division of work to the whole project (contract) value. Items with long lead times (Monaco panels, locks, building kits, etc.) should be reflected on the schedule as benchmarks for order placement. The schedule shall be electronically submitted for Government review and Contracting Officer approval. Failure to provide the required schedule in the time allotted will become a basis for termination of the contract.

CONSTRUCTION CONTRACT PROGRESS PAYMENT REQUESTS

The Contractor shall read and be familiarliar with FAR Clause 52.232-5, Payments Under Fixed Price Construction Contracts, and 52.232-27, Prompt Payment for Construction Contracts.

Further sub-paragraph (e), Retainage, will be enforced. Relating back to the requirements for an appropriately detailed progress schedule, progress reports and progress payment requests shall be prepared in the same format as the approved progress schedule. Every definable element of work will be shown on every progress report and every payment request. For every element of work not completed by the approved time (late performance), the Contracting Officer will retain the maximum 10% of the amount of the payment of each incident of late performance until the work is satisfactorily completed and inspected in accordance with instructions and standards identified elsewhere in this contract.

Further, sub-paragraph (g), Reimbursement for bond premiums, will be enforced. The contractor shall provide evidence of payment of bond premiums paid to the surety (including coinsurance and reinsurance) before being allowed to submit for reimbursement of those expenditures in a progress payment request.

FAR Clause 52.232-27 (a)(i)(A) discusses the due date for making progress payments as 14 days after the designated billing office receives a PROPER payment request (see discussion above). The Contracting Officer will date/time stamp receipt of each progress payment request package when it is delivered. That date/time will mark day one of the 14-day period for payment IF there is no disagreement over quantity, quality, or contractor compliance with contract requirements. If there is a disagreement in quantity, quality, or contractor compliance with any aspects of the contract at the time of delivery of the invoice, the invoice date/time stamp will be stricken through, initialed and returned to the contractor for correction. This effectively stops the clock and it will start over when a properly executed invoice is delivered to the Contracting Officer.

In accordance with DFARS 252.232-7003, the Contracting Officer hereby determines that the following process is in compliance with DFARS: Once the invoice has been certified by the Contracting Officer, AND the contractor receives a signed copy, the contractor shall initiate a Construction Payment Invoice in WAWF, and route it directly to the COR identified in this contract. The DODAAC that will be used in preparing the WAWF invoice is “W45NQ9”. When the COR receives the WAWF invoice, he/she will verify the information submitted with the (local progress payment request form) approved invoice; if all information between the two documents is verified as correct and appropriate, the COR will perform the role of Acceptor, and approve the invoice forward to the DFAS for processing of the payment.

For contracts with a period of performance of 60 days or less the Contracting Officer has determined that no progress payment will be authorized. The Contractor shall be entitled to bill the Government for such projects only after completing a final inspection (and clearing any punch list generated), completion of any applicable O&M classes (to be coordinated with the COR), submission of final paperwork (i.e., as built drawings, DD 1354), and after confirming all certified payroll records have been submitted to the Government.

For projects negotiated with a longer performance period, progress payments are authorized one time each month, up to 80% of the project cost, but only after approval of a construction progress schedule, and only in the amounts verified on subsequently approved progress reports. Progress payment invoices will not be processed in the same week as the progress report is submitted. No progress payments are authorized above 80% of the contract value.

AVAILABILITY AND USE OF UTILITY SERVICES

In accordance with FAR Clause 52.236-14, Availability and Use of Utility Services, water and electricity are furnished by the Government for the Contractor's use at no charge and in the performance of construction work at the job site, but only to the extent that their use is necessary to complete the work and the utilities are readily available at the site. Any usage of these utilities beyond what is needed to complete construction work at the job site or exceeds that which is readily available at the job site, and approved for use by the Contracting Officer, shall be furnished by the Contractor at its own expense. These utilities are provided provisionally and only to the extent that is necessary to facilitate the work. This authority can be revoked if the Government witnesses that utilities are being wasted; e.g., lights being left on when no work is being done or water is being left on unattended for any extended amount of time. Failure of the Contractor to comply with this request to conserve and preserve these utilities will result in the Contractor entering into individual metering agreements at the job site and paying for the use of these utilities.

In reference to FAR Clause 52.236-10, Operations and Storage Areas, SHOULD the Contractor be AUTHORIZED to establish a field operations office or a temporary staging area under this contract, it shall be responsible for consumption of available utilities. Prior to commencement of work under the contract, the contractor shall sign a utility metering agreement with the Directorate of Public Works Utilities Section, Bldg 4612 on 77th Street and Santa Fe Avenue. Prior to final payment under the contract, the contractor shall pay any outstanding utility charges and provide a copy of the paid invoice to the Contracting Officer as evidence of compliance. If the solicitation does not provide for such arrangements, and the contractor did not receive separate approval for the establishment of such facilities/space from the Contracting Officer, no such authorization is assumed. Any costs incurred for the establishment of field operations facilities after contract award are made solely at the contractor’s cost, and without compensation by the Government. There shall be no squatting on the job site.

WRITTEN GUARANTEES AND GUARANTOR'S REPRESENTATIVE

The Government is entitled to all standard commercially offered warranties/guarantees. The Contractor shall obtain all warranties, have them executed in writing, and furnish them to the Contracting Officer prior to final inspection.

Additionally, the documentation shall include the name, address, and telephone number of the guarantor's representative responsible for the guarantee during the warranted period, and who will provide warranty related services covered by the warranty/guarantee. The existence of any commercial manufacturer’s warranties does not relieve the contractor of responsibilities identified in FAR clause 52.246-21.

DOCUMENTATION TO SUPPORT SUBCONTRACT AWARDS

Within five calendar days after the award of any subcontract, the Contractor shall deliver a completed SF Form 1413 (Statement and Acknowledgment) to the Contracting Officer. Each subcontract shall contain, as a minimum, the Contract Number, Task Order Number (if applicable), and Title. The subcontract must clearly identify what the subcontractor will be performing in relation to other trades on the job. All subcontracts shall contain the anticipated period of performance that correlates with the approved Progress Schedule for that Division of work. A sample format shall be submitted for Contracting Officer approval prior to commencement of work under this contract.

FAR Clause 52.222-11, entitled "Subcontracts (Labor Standards)", requires that the clauses listed therein be physically inserted in all subcontracts. However, if the Contractor subcontracts by means of purchase orders or other informal types of contractual situations, compliance will be considered provided if clauses are attached to the subcontract form. Written acknowledgement by the subcontractor of these Labor Standards is required.

Incorporation by reference does not constitute compliance.

RELATIONSHIP BETWEEN GOVERNMENT, CONTRACTOR AND CONTRACTOR PERSONNEL

The Government and the Contractor understand and agree that the services to be delivered under this contract are non-personal services and that no employer-employee or master-servant relationship exists or will exist under the contract between the Government and the Contractor or between the Government and the Contractor's personnel.

Further, the Contractor is not the Government's agent.

The Government will not exercise any supervision or control over Contractor personnel performing services under this contract. Contractor personnel shall not become an integrated part of the Government organization in connection with performance under this contract.

The work required under this contract does not require or authorize the Contractor or his employees to exercise personal judgment and discretion on behalf of the Government, but rather, the Contractor's employees shall act and exercise personal judgment and discretion on behalf of the Contractor.

Contractor personnel shall not be eligible, by virtue of performance under this contract, for payment by the Government of entitlements and benefits accorded federal employees. The entire consideration to the Contractor for performance of this contract is contained in the provisions for payment set forth in this contract.

PROGRESS MEETINGS

The Contractor shall:

1) Schedule and administer meetings throughout the progress of the work at maximum monthly intervals, every 2-weeks is preferred intervals.

2) Make arrangements for meetings, prepare agenda and transmit the agenda NLT 3 working days prior to the scheduled meeting.

3) Provide written documentation of the meeting minutes for review and acceptance by all present within 3 working days of each meeting.

Insurance Requirements

TYPE AMOUNT

Workers' Compensation (See Note) $100,000 Comprehensive General Liability Insurance for Bodily Injury $500,000 per occurrence Comprehensive Automobile Liability $200,000 per person $500,000 per occurrence for bodily injury

$20,000 per occurrence for property damages

NOTE: Workers' Compensation will be provided as regulated by the Division of Workers' Compensation, issued by a Texas Department of Insurance (TDI) licensed insurer, regulated by the TDI and guaranteed by the Texas Property and Casualty Insurance Guaranty Association.

(End of Summary of Changes)