Amendment 0003 Tangier Island Jetty.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

Solicitation W9123620B5000 CAP Tangier Island Jetty is hereby modif ied as follow s:

1. Bid opening date is extended to 21 April 2020 at 2:00 p.m. (EDT).

2. Electronic bid submission is now required due to COVID-19. Instructions are provided in the continuation page.

3. ProjNet closing date is extended until 5:00 p.m. (EDT) 10 April 2020.

Please see the continuation page for full breakout of amendment.

Contracting POC: Axel Doody 757-201-7712 Axel.F.Doody@usace.army.mil.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 8

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

16C. DATE SIGNED

BY 02-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 W9123620B5000

X 9B. DATED (SEE ITEM 11)

06-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 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 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

02-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:

W9123620B5000

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION

The required response date/time has changed from 09-Apr-2020 02:00 PM to 21-Apr-2020 02:00 PM.

SECTION 01 00 00 - GENERAL REQUIREMENTS

The following have been added by full text:

ELECTRONIC BID SUBMISSION

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 must obtained by email only to POC: Axel Doody at

Axel.F.Doody@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 2:00 p.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.20B5000_”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.

https://safe.apps.mil/ mailto:Axel.F.Doody@usace.army.mil mailto:PPMDContracts@usace.army.mil

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.

Any questions regarding bid submission should be directed to Mr. Axel Doody in ProjNet.

The following have been modified:

INFORMATION TO BIDDERS

1. PROJECT DESCRIPTION:

The U.S. Army Corps of Engineers, Norfolk District seeks to issue a Firm Fixed Price, Sealed Bid contract to provide construction of a jetty on Tangier Island, VA. Construction of the jetty will include approximately 685 foot of jetty structure consisting of Type 1 (VDOTRBS) riprap/armor stone, Class III (VDOTRBS) riprap/core stone, placement of geotextile fabric, placement of marine mattresses, placement of excavated material in an adjacent placement area, and any incidental work related to construction as well as pre and post construction surveys of the project area. The project will require use of a turbidity curtain and/or AquaDam during construction. The project will have approximately 260 feet of jetty structure constructed on or near land in a marsh/shoreline environment and approximately 425 feet constructed in deeper water. The maximum width of the jetty structure is approximately 71 feet.

Tangier Island is located approximately 13 miles southwest of Crisfield, MD and approximately 15 miles directly east of Reedville, VA within the Chesapeake Bay. The project site is located along the entrance channel on the west side of Tangier Island, VA. The opening is approximately 500 feet wide with the channel exiting the opening and veering left as you approach open water of the Chesapeake Bay. The water depth in the area of the project site ranges from -9 feet MLLW to 2 feet MLLW. The contractor is expected to work in the vicinity of navigation traffic along the Tangier Channel. Placement of materials dredged to complete the project will be placed in an authorized placement area adjacent to the project site.

The Contractor shall comply with the provisions of EM 385-1-1. If the Contractor is a currently accepted participant in the Dredging Contractors of America (DCA)/United States Army Corps of Engineers (USACE)

Dredging Safety Management Program (DSMP), as determined by the DCA/USACE Joint Committee, and holds a current valid Certificate of Compliance for both the Contractor Program and the Dredge(s) to be used to perform the work under this contract, the Contractor may, in lieu of the submission of an Accident Prevention Plan (APP),

(1) Make available for review, upon request, the Contractor’s current Safety Management

System (SMS) documentation,

(2) Submit to the Contracting Officer the current valid Company Certificate of Compliance for its SMS,

(3) Submit the current dredge(s) Certificate of Compliance based on third party audit, and submit for review and acceptance, site-specific addenda to the SMS as specified in the solicitation.

The full text of EM 385-1-1 can be accessed at:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-

1.pdf

2. BIDDER QUESTIONS AND COMMENTS

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

All questions and/or comments should reach the above referenced Contracting Office via ProjNet no later than

5:00 p.m. (EDT) 10 April 2020, in order that they may be given consideration or actions taken prior to receipt of bids.

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

The Solicitation Number is: W9123620B5000

The Bidder Inquiry Key is: W6GNF3-KRZ2C6

The Bidder Inquiry System will be unavailable for new inquires 10 days prior to bid opening in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary. 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. 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.

3. 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 adding the total price for the basic requirement.

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.

4. AWARD TO RESPONSIBLE BIDDER:

To be determined responsible, a bidder must –

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;

http://www.projnet.org/projnet

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

In accordance with FAR Part 9.1, responsibility will be determined, prior to award, by the Contracting Officer through the performance of a pre-award survey or utilizing information from a previous pre-award survey and/or any performance data available. The apparent low bidder may 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. The below information will be requested of the apparent low bidder.

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) Signed BID by letter to include SF1442 and SF 30 acknowledgement of Amendments.

d) 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).

f) 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 theorganization. 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.

5. CONSTRUCTION TIME:

For the base contract bid items, begin performance within 15 calendar days and complete all work within 270 calendar days of receipt of Notice to Proceed (NTP).

6. EVIDENCE OF AUTHORITY TO SIGN BIDS:

Evidence of the authority of individuals signing bids to submit firm bids on behalf of the bidder is required except where the bid 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 bid satisfactory evidence of the authority of all other persons may be cause for rejection of the bid as invalid or nonresponsive.

7. 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.

8. INCURRING COSTS:

The Government is not liable for any costs incurred by the bidder submitting a bid in response to this solicitation.

9. AGENTS:

Bids 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 bid which is materially unbalanced as to prices for the Base Items and the Optional Items may be rejected as non-responsive or otherwise not considered for award. An unbalanced bid 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

12. DEPARTMENT OF LABOR WAGE DECISION (CONSTRUCTION)

Any contract awarded as a result of this solicitation will be subject to the U.S. Department of Labor

Wage Decision(s) Number VA20200023, dated 01/03/2020.

13. REQUIRED INSURANCE:

The contractor shall procure and maintain during the entire period of performance under this contract, the following minimum insurance:

TYPE AMOUNT

Workers Compensation As required by State law

Employer's Liability $100,000 per person

General Liability $500,000 per occurrence

Motor Vehicle Liability

(For each motor vehicle):

Bodily injury or death $200,000 per person

$500,000 per occurrence

Property damage $20,000 per occurrence

Prior to commencement of work hereunder, the contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by the laws of the State in which this contract is to be performed and in no event less than 30 days after written notice thereof to the Contracting Officer.

14. PERFORMANCE OF WORK BY CONTRACTOR:

Bidder's attention is directed to FAR 52.236-1, "Performance of Work by Contractor." Contractor is required to furnish a description of the work which will be performed by his own organization, (e.g., earthwork, paving, etc.), the percentage of the total work this represents, and the estimated cost thereof. Such description of work to be performed by the contractor's own organization shall be provided to the Contracting Officer within 10 days of contract award.

15. PERFORMANCE EVALUATION OF CONTRACTOR:

As a minimum, the Contractor's performance will be evaluated upon final acceptance of the work, in accordance with the procedures outline in FAR 42.15 Contractor Performance Information, and using the Contractor

Performance Assessment Reporting System (CPARS). CPARS is the official source for past performance information.

However, interim evaluations may be prepared at any time during contract performance when determined to be in the best interest of the Government. The format for the evaluation will be DD Form 2626, and the Contractor will be rated either "Outstanding," "Satisfactory," or "Unsatisfactory" in the areas of Contractor Quality Control, Timely

Performance, Effectiveness of Management, Compliance with Labor Standards, and Compliance with Safety

Standards. The Contractor will be advised on any unsatisfactory rating, either in an individual element or in the overall rating, prior to completing the evaluation; all contractor comments will be made a part of the official record.

In compliance with DOD FAR Supplement 236.201, Performance Evaluation Reports will be available to all DOD

Contracting Offices for their future use in determining contractor responsibility.

16. ACCIDENT PREVENTION PLAN:

In accordance with the clause entitled "Accident Prevention," the contractor will not be allowed to commence work on the job site until an acceptable accident prevention plan has been submitted. The contractor will receive official notification of the acceptance of his accident prevention plan.

17. IDENTIFICATION OF CORRESPONDENCE:

All correspondence and data submitted by the contractor under this contract shall reference the contract number.

18. SUBCONTRACTING PLAN:

Submission Requirements (NOTE: this requirement does not apply to Small Business Bidders)

If the apparent low bidder identified after bid opening is a large business firm, in accordance with the definition as identified in FAR Clause 52.219-1, “SMALL BUSINESS PROGRAM REPRESENTATION,” the apparent low bidder must submit a small business subcontracting plan upon request of the Contracting Office, or no later than seventy-two (72) hours of the bid opening.

The bidder will be required to provide as much specific information on proposed subcontracted effort for the contract as possible. The Small Business Subcontracting Plan shall be thorough and complete, as it will be incorporated into the contract upon award of the contract to the bidder, if acceptable and upon final approval of the Contracting Officer (SEE AFARS – APPENDIX DD Part 3 - Subcontracting Plan Requirements).

The plan shall include a description of the type of a description of the types of service the firm proposes to

Subcontract with small business (SB), small disadvantaged business (SDB), women-owned small business

(WOSB), HUBZone business and service disabled owned small business, along with the proposed percentages of their participation to demonstrate a plan to meet the subcontracting goals that will apply to these contracts. If practical, the bidder shall provide specific information on proposed subcontracted effort for this project.

19. INVOICING

INVOICES SHALL BE SENT TO THE FOLLOWING

U.S. Army Engineer District, Norfolk

Cenao.ecaeinvoicing@usace.army.mil

Contracting POC: Axel Doody 757-201-7712 Axel.F.Doody@usace.army.mil

(End of Summary of Changes) mailto:Cenao.ecaeinvoicing@usace.army.mil