W9123620B00190003 (Amendment 3).pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to complete the follow ing:

1. Update the Notice to Bidders as follow s:

a. Provide instructions and procedures for Electronic Bid submittal;

b. Inform Bidders of ANC’s Professional and Personal Conduct and Expectations; and

c. Add FAR Clause: 52.214-7.

(See also, the Continuation page) All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 9

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

16C. DATE SIGNED

BY 06-Apr-2020

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 W9123620B0019

X 9B. DATED (SEE ITEM 11)

19-Mar-2020

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 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 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

06-Apr-2020

CODE

USA ENGINEER DISTRICT, NORFOLK

803 FRONT STREET

NORFOLK VA 23510

W91236 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9123620B0019

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION

The number of offeror copies required has decreased by 1 from 2 to 1.

The required performance has changed from W91236-20-B-0019 - Army National Cemetery, McPhearson Road Renovations, Arlington, VirginiaThe magnitude of construction is between $10,000,000 and $25,000,000This acquisition is 100% Small Business Set Aside NAICS Code: 237310Small Business Size Standard:

$39,500,000.00.This solicitation contains a Definitive Responsibility Criteria (DRC).DUNS: CAGE:Tax ID: to W91236-20-B-0019 - Arlington National Cemetery, McPhearson Road Renovations, Arlington, VirginiaThe magnitude of construction is between $10,000,000 and $25,000,000This acquisition is 100% Small Business Set Aside NAICS Code: 237310Small Business Size Standard: $39,500,000.00.This solicitation contains a Definitive Responsibility Criteria (DRC).DUNS: CAGE:Tax ID:.

The following have been added by full text:

AMENDMENT 3

The purpose of this amendment is to complete the following:

1. Update the Notice to Bidders as follows:

a. Provide instructions and procedures for Electronic Bid submittal;

b. Inform Bidders of ANC’s Professional and Personal Conduct and Expectations; and

c. Add FAR Clause: 52.214-7.

(See also, the Continuation page) All other terms and conditions remain unchanged.

The following have been modified:

NOTICE TO BIDDERS

NOTICE TO BIDDERS

1. SPECIAL BID SUBMISSION INSTRUCTIONS DUE TO COVID-19

The Norfolk District anticipates the possibility that its building will be closed during the time for bid submission due to the evolving requirements arising in response to COVID-19. Accordingly, the Norfolk District will NOT accept bids my mail, hand-carry, or commercial courier (that is, no physical bids will be accepted in response to this solicitation). All bids must be submitted by electronic commerce only (that is, by submission via DoD SAFE, as discussed below, only).

Electronic Bid Submission in DoD SAFE

In accordance with (IAW) FAR 52.214-7, LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS, all bids must be received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. Eastern Day Time (EDT) on April 20, 2020. Proposals will be submitted through DoD Secure Access File Exchange (DoD SAFE) (https://safe.apps.mil/). DoD SAFE is the Government infrastructure utilized to secure bid proposals and IAW FAR 14.202-8, citing FAR 4.5, and as limited by the requirements of the AFARS, 5104.502-90.

All proposals must be uploaded into DoD SAFE infrastructure not earlier than April 16, 2020, and not later than (NLT) April 20, 2020, at 5:00 p.m. Eastern Day Time (EDT). Offerors will require a unique “request code” to upload proposals into DoD SAFE, which shall be obtained only by email to POC: Tarik A. Booze at tarik.a.booze@usace.army.mil, and cc: PPMDContracts@usace.army.mil. The POC must receive the email for the “request code” NLT April 16, 2020, at 5:00 p.m. EDT. The electronic bid submittal contents shall conform to the details of the solicitation and subsequent amendments.

Electronic Bid Opening

There will be a “public” bid opening conducted by the Government via teleconference on April 21, 2020, at 10:30 a.m. EDT for participating bidders. The teleconference phone number, and access codes will be emailed to participants once bid submission due date and time have lapsed. Bidders will be able to participate in the reading of the bids through this teleconference.

In the event the Norfolk District building is closed at the time of bid opening, a bid abstract containing bid results will be distributed to participating bidders within twenty-fours (24) hours of the bid opening. Upon request, the Norfolk District will make the opened bids available for examination.

A copy of the duly executed bid guarantee (signed by principal and surety with raised seal) must also be included in the attachment labeled “Bid.20B0019_”Bidder Name”.” A physical copy of the bid guarantee in proper form with evident raised seal must be submitted within seventy-two (72) hours to the Government upon request from the apparent low bidder. Additionally, the bid submission shall provide signed BID by letter to include SF1442 and SF 30 acknowledgement of all Amendments.

Electronic Bid Uploading Offerors are responsible for ensuring electronic copies are virus-free and shall run an anti-virus scan before upload into DoD SAFE. Electronic copies shall be compatible with the following software products: Adobe Acrobat Reader 11 and Microsoft Office Suite (Excel and Project) 2010. The electronic copies shall be in Adobe Acrobat (except for Microsoft Excel documents) portable document file (pdf) searchable text format. Electronic files shall be clearly identified for each section and item as detailed in the solicitation. It is the Offeror’s responsibility to obtain written confirmation of receipt of all electronic files of the bid submitted into DoD SAFE.

File Packaging All .pdf and .xlsx files shall be submitted in read-only format (non-editable/locked). All price breakdown information shall be submitted in Microsoft Office Excel 2013 Excel Workbook (*.xlsx) format and viewable in Microsoft Excel 2013 to aide in the price evaluation. Any questions regarding bid submission should be directed to Mr. Tarik Booze in ProjNet.

2. ANC PROFESSIONAL AND PERSONAL CONDUCT EXPECTATIONS

All contractors are required to review the following videos link below (one video in English, the other in Spanish).

This video is crafted by ANC in order to inform contractors working at ANC regarding the baseline professional expectations and personal conduct policies.

English: https://www.youtube.com/watch?v=pFzsdnpHBVE

Spanish: https://www.youtube.com/watch?v=arUxvIu735E

3. AWARD TO RESPONSIBLE BIDDER

Responsibility will be determined, prior to award, by the Contracting Officer, either by performing a pre-award survey or conclusions based on a previous pre-award survey and/or any performance data available. A pre-award survey maybe performed in determining the bidders responsibility in accordance with FAR 9.104 and 9.106. The bidder will be required to show that he has the necessary capital, experience, and owns or can procure the necessary plant or other resources to commence the work at the time prescribed in the specifications and thereafter to prosecute and complete the work safely and satisfactorily within the time specified. If the bidder is unable to comply with the request for preaward survey, the bidder will no longer be considered for award.

To be determined responsible, a bidder must demonstrate the following –

a. Have adequate financial resources to perform the contract, or the ability to obtain them;

b. Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;

c. Have a satisfactory performance record. A prospective contractor shall not be determined responsible or non-responsible solely on the basis of a lack of relevant performance history;

d. Have a satisfactory record of integrity and business ethics;

e. Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors);

f. Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them;

and

g. Be otherwise qualified and eligible to receive an award under applicable laws and regulations

**NOTE - The Government is not liable for any costs incurred by the bidder submitting an offer in response to this solicitation.

Additionally, in accordance with FAR Part 9.1, prior to awarding a contract, the Government will conduct a Responsibility Determination of the firm selected for award. The below information will be requested of the apparent low bidder. This information is not required to be responsive to the invitation for bid. Too efficiently and expeditious award the resultant contract, it is HIGHLY recommended that bidders provide the below information with their bid. If bidders wish to shield this information from public view at the bid opening, the information may be placed in an envelope with the following legend:

PRE-AWARD SURVEY INFORMATION

SOLICITATION NO. W91236-20-B-0019

YOUR FIRM’S NAME

a. BANK: Branch/Location Point-of-Contact Telephone Number/Fax Number/Email Address

This information is not required to be responsive to the invitation for bid.

a) Banking Information to include Branch/Location, Point of Contact and Telephone Number.

b) Current commitments and expected dates of completion.

c) One (1) signed bank reference demonstrating adequate financial resources. If bidder’s firm has a line of credit – provide information on how many figures bidder can borrow against the line of credit (i.e. medium 6 figures – exact line of credit is not required).

d) The bidder shall provide the latest three complete fiscal year financial statements for the prime contractor, certified by an independent accounting firm, if practicable, or signed by an authorized officer of the organization.

Submit evidence of availability of working/operating capital, which will be used for the performance of the resultant contract. For Joint Venture arrangements, submit the latest three complete fiscal year financial statements for each company in the Joint Venture and discuss the financial responsibilities among the companies. The Government may also utilize Dun & Bradstreet reports to evaluate the financial capacity of the bidder.

e) IMPORTANT NOTE, this solicitation requires apparent low bidder to submit DRC criteria as defined below:

Definitive Responsibility Criteria (DRC) ANC McPherson Area Road Repairs

The successful bidder must submit one (1) or more roadway construction contract examples (i.e., qualifying contracts) in which it performed the following aspects of construction:

1. A minimum one mile asphalt roadway (in total – need not be contiguous)

2. A minimum $5 million contract value

3. Full depth pavement (new or repair/replacement acceptable)

4. Involved storm water system installation servicing the roadway

5. Projects also must have been completed within the past five years or be at least 80% complete by the solicitation date.

In addition to the above mandatory criteria, to be deemed a qualifying contract, the qualifying contracts must also demonstrate one or both criteria below:

a. To be deemed a qualifying contract, Performed on federal property

b. Involved utility installation within and/or adjacent to the roadway

After bid opening, the Government will request supporting documentation from the apparent low bidder demonstrating its prior experience. The documentation must include a written narrative of each qualifying contract that provides:

i. The contract price

ii. The entity that issued the contract

iii. The contract number, if available

iv. A description of the scope of work explaining how the criteria above was demonstrated

Bidders will be evaluated on conformance to the solicitation and price. The Government reserves the right to reject any or all Bids. The Government may award the contract to other than the lowest total price bidder. The Government intends to award to the bidder submitting the lowest bid and meeting DRC requirements as determined by the Government to be responsible.

4. BID EVALUATION AND AWARD:

The Government will evaluate bids in response to this solicitation based upon the Total Evaluated Price without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government considering only price and the price-related factors specified elsewhere in the solicitation. The Government may reject any or all bids and/or waive informalities or minor irregularities in bids received.

The Government will evaluate bids for award purposes by using the total price.

The Government may –

(1) Reject any or all bids;

(2) Accept other than the lowest bid; and

(3) Waive informalities or minor irregularities in bids received.

5. EVIDENCE OF AUTHORITY TO SIGN OFFERS

Evidence of the authority of individuals signing offers to submit firm offers on behalf of the bidder is required except where the offer is signed, and shows that it is so signed, by: the President, Vice-President, or Secretary of an incorporated bidder; a partner in the case of a partnership; or the owner in the case of a sole proprietorship. Failure to submit with the offer satisfactory evidence of the authority of all other persons may be cause for rejection of the offer as invalid or nonresponsive.

6. PREAWARD SAFETY CONFERENCE

a. Where an apparent low bidder, in performance of contracts during the previous three-year period, incurred one or more accidents, or where, in the opinion of the Contracting Officer, there is any question regarding this compliance with any safety or accident prevention requirement, such bidder, on request of the Contracting Officer prior to any award under this solicitation, shall attend a conference with representatives of the Contracting Officer to discuss any such accidents or non-compliance, the reason for their occurrence, and measures which will be taken to preclude any recurrence thereof.

b. Information elicited at this conference will be used by the Contracting Officer, in conjunction with other information obtained in a preaward survey, in determining the bidder's responsibility.

c. The items discussed, the preventive measures considered, and any conclusions reached in this conference shall be recorded in minutes of the meeting, which shall be authenticated by the signatures of representatives of the bidder and the Contracting Officer, and any procedures noted therein as agreed upon shall become an obligation of the bidder, along with all other safety and accident prevention requirements of the contract, if award is made to him.

7. INSPECTION OF THE SITE

Prospective bidders are invited to visit the site of the work in order to acquaint themselves as to site conditions and other problems incident to the prosecution of the work. Arrangements for inspection of the site shall be made through the Office the Area Engineer identified in the clause 52.236-27, entitled "SITE VISIT

(CONSTRUCTION)."

8. BASIS OF AWARD

In order to be considered responsive all pricing on the CLINS must be filled out. A single award will be made to the lowest responsible, responsive bidder on the basis of the total price bid. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Prior to making an award, a pre-award survey will be made and the low bidder will be required to show that he has the necessary capital, experience, and owns or can procure the necessary plant to commence the work at the time prescribed in the specifications and thereafter to prosecute and complete the work safely and satisfactorily within the time specified.

Prospective bidders shall be registered in the System for Award Management (SAM) database as required by FAR 52.204-7, System for Award Management (Oct 2018).

Note that the SAM is required for all bidders; including Joint Ventures (JV) (registration must state the NAME of the JV). Bidders not currently registered in SAM must obtain a DUN & Bradstreet (DUNS) number and a CAGE prior to registering in SAM.

All bidders, including JV bidders, must submit with their proposal a DUNS number. In addition to the DUNS number required for JV bidders, JV bidders must submit with their proposal a DUNS number for each member comprising the JV. DUNS numbers can be obtained at http;://fedgov.dnb.com/web form. The DUNS number is required in order to register in SAM (see above).

9. AGENTS

Offers signed by an Agent must be made in the name of the Principal and must be accompanied by evidence of said Agent’s authority to act on behalf of its Principal.

10. UNBALANCED BIDS

Any offer which is materially unbalanced as to prices for the Contract Line Item Schedule (as defined in FAR 14.408) may be rejected as non-responsive or otherwise not considered for award. An unbalanced offer is one which is based on prices significantly less than cost for some work and prices which are significantly overstated for other work.

11. UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT OR OTHER PERSONNEL

The contractor shall not accept instructions issued by any person, employed by the U.S. Government or otherwise, other than the Contracting Officer or the Authorized Representative of the Contracting Officer acting within the limits of his/her authority as defined in the Designation of Authority letter. A copy of the Designation of Authority letter will be furnished to the contractor at time of contract award.

12. MAGNITUDE OF CONSTRUCTION

In accordance with DFARS 236-204, the magnitude of construction is between $10,000,000 to $25,000,000.

13. BIDDERS QUESTIONS AND COMMENTS

Note: All questions and/or comments from the prebid conference should reach the above referenced Contracting Office no later than 15 calendar days before bid opening, in order that they may be given consideration or actions taken prior to receipt of offers.

1.5.1 Bidder Inquiry

1.5.1.1 Technical inquiries and questions relating to proposal procedures or bonds are to be submitted via Bidder Inquiry in ProjNet at http://www.projnet.org/projnet.

1.5.1.1.1 To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into system. To self-register go to web page, click BID tab select Bidder Inquiry, select agency USACE, enter Key for this solicitation listed below, and your e-mail address, click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue.

1.5.1.1.2 From this page you may view all bidder inquiries or add inquiry.

1.5.1.1.3 Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

1.5.1.1.4 The Solicitation Number is: W91236-20-B-0019

1.5.1.1.5 The Bidder Inquiry Key is: V7SF59-4PPJ2T

1.5.1.2 The Bidder Inquiry System will be unavailable for new inquires 15 days prior to proposal submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

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

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

SECURITY REQUIREMENT (OPSEC)

Contractor and all associated sub-contractors employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

For contractors requiring Common Access Card (CAC). Before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05. The contractor employee will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an initial CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.

For contractors that do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

For all contractors with security clearances. Per AR 381-12 Threat Awareness and Reporting Program (TARP), contractor employees must receive annual TARP training by a CI agent or other trainer as specified in 2-4b

SECTION 00 21 13 - INSTRUCTIONS TO BIDDERS

The following have been added by full text:

52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS (NOV 1999)

(a) Bidders are responsible for submitting bids, and any modifications or withdrawals, so as to reach the Government office designated in the invitation for bids (IFB) by the time specified in the IFB. If no time is specified in the IFB, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that bids are due.

(b)(1) Any bid, modification, or withdrawal received at the Government office designated in the IFB after the exact time specified for receipt of bids is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late bid would not unduly delay the acquisition; and--

(i) If it was transmitted through an electronic commerce method authorized by the IFB, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of bids; or

(ii) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of bids and was under the Government's control prior to the time set for receipt of bids.

(2) However, a late modification of an otherwise successful bid that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(c) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the bid wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(d) If an emergency or unanticipated event interrupts normal Government processes so that bids cannot be received at the Government office designated for receipt of bids by the exact time specified in the IFB and urgent Government requirements preclude amendment of the IFB, the time specified for receipt of bids will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(e) Bids may be withdrawn by written notice received at any time before the exact time set for receipt of bids. If the IFB authorizes facsimile bids, bids may be withdrawn via facsimile received at any time before the exact time set for receipt of bids, subject to the conditions specified in the provision at 52.214-31, Facsimile Bids. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for receipt of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid.

(End of provision)

(End of Summary of Changes)