A.07.24_Solicitatiion_20B5009_Amendment0004_08252020.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 W9123620B5009 Oyster Channel Maintenance Dredging located in Oyster, VA is hereby amended as follow s:

Please see continuation page for a full amendment breakout.

Please acknow ledge ALL Amendments on SF30.

The Sealed Offers due date is not extended and remains 01 September 2020 by 05:00 PM EST

Contracting POC: Dariya Walker dariya.m.w alker@usace.army.mil Phone: (757) 201-7748

1. CONTRACT ID CODE PAGE OF PAGES

J 1 8

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

16C. DATE SIGNED

BY 25-Aug-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 W9123620B5009

X 9B. DATED (SEE ITEM 11)

30-Jul-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

25-Aug-2020

CODE

USACE, NORFOLK DISTRICT OFFICE

CONTRACTING OFFICE

803 FRONT STREET

NORFOLK VA 23510-1011

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9123620B5009

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SECTION 00 11 00 - SF 1442 AND CLIN SCHEDULE

SUMMARY OF CHANGES

SECTION 00 21 00 - INSTRUCTIONS, CONDITIONS & NOTICES TO OFFERORS

The following have been added by reference:

52.204-26 Covered Telecommunications Equipment or Services--

Representation.

DEC 2019

The following have been added by full text:

AMENDMENT 004

Solicitation W9123620B5009 Oyster Channel Maintenance Dredging located in Oyster, VA is hereby amended as follows:

1. The Sealed Offers due date is not extended and remains 01 September 2020 by 05:00 PM EST

2. Instructions to Bidders Project Description Section is hereby amended to include the following:

“Should the total quantity of material to be paid for and actually dredged under this contract exceed the estimated quantity from the Bidding Schedule, additional time will be allowed at the rate of one day for each 1,200 cubic yards in excess of the estimated quantity.”

3. Instructions to Bidders Electronic Bid Submission Section in DOD SAFE is hereby amended as follows:

The instructions state:

“All proposals must be uploaded into DoD SAFE infrastructure not earlier than August 21, 2020, and not later than (NLT) September 1, 2020, at 1:00 p.m. Eastern Day Time (EDT)”.

Amended instructions to state:

All proposals must be uploaded into DoD SAFE infrastructure not earlier than August 21, 2020, and not later than (NLT) September 1, 2020, at 5:00 p.m. Eastern Day Time (EDT).

4. Clause 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (DEC 2019) is hereby incorporated.

5. Standard Form 1442 Clause 52.211-10 is hereby amended as follows:

Clause 52.211-10 states:

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984) The Contractor shall be required to (a) commence work under this contract within 15 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 days after Notice To Proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

Amended Clause 52.211-10 to state:

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984) The Contractor shall be required to (a) commence work under this contract within 15 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 calendar days after Notice To Proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

The following have been modified:

INSTRUCTIONS TO BIDDERS

PROJECT DESCRIPTION

The Oyster Channel Maintenance Dredging Project consists of dredging approximately 70,700 cubic yards of maintenance material to pay depths as deep as -7 feet mean lower low water from the Oyster Channel Federal Navigation Project located in Northampton County, Virginia. The material, consisting of a combination of sands, silts and clays, will be dredged and hydraulically placed by pipeline to an upland Confined Disposal Facility (CDF) located approximately 3750 feet from the nearest point to the channel. A hydraulic cutter-head dredge and support equipment will be required to accomplish this work. Placement of the dredged material within the nearby upland CDF will require sufficient horsepower to pump the dredge material through a pipeline approximately 9000 feet long.

Should the total quantity of material to be paid for and actually dredged under this contract exceed the estimated quantity from the Bidding Schedule, additional time will be allowed at the rate of one day for each 1,200 cubic yards in excess of the estimated quantity.

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 it’s 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

PROJNET BIDDER QUESTIONS AND COMMENTS

All questions and/or comments should reach the above referenced Contracting Office via ProjNet no later than 10 days prior to Bid Opening, in order that they may be given consideration or actions taken prior to receipt of offers.

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: W9123620B5009

The Bidder Inquiry Key is: H5VNPB-IGF875

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. Offerors 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.

APPARENT CLERICAL MISTAKES

Any clerical mistake, apparent on its face in the bid, will be addressed in accordance with FAR 14.407-2

BID EVALUATION

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 offers for award purposes by adding the total price for all optional items to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the optional items. Optional items, if exercised, will be awarded in accordance with FAR clause 52.217-7.

AWARD TO RESPONSIBLE OFFEROR

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;

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 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.

EVIDENCE OF AUTHORITY TO SIGN

Evidence of the authority of individuals signing offers to submit firm offers on behalf of the offeror 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 offeror; 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.

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.

INCURRING COSTS

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

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.

UNBALANCED BIDS

Any offer 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 offer is one which is based on prices significantly less than cost for some work and prices which are significantly overstated for other work.

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.

BASIS FOR SETTLEMENT OF PROPOSALS

Actual costs will be used to determine equipment costs for a settlement proposal submitted on the total cost basis under FAR 49.206-2(b). In evaluating a terminations settlement proposal using the total cost basis, the following principles will be applied to determine allowable equipment costs:

(1) Actual costs for each piece of equipment, or groups of similar serial or series equipment, need not be available in the contractor's accounting records to determine total actual equipment costs.

(2) If equipment costs have been allocated to a contract using predetermined rates, those charges will be adjusted to actual costs.

(3) Recorded job costs adjusted for unallowable expenses will be used to determine equipment operating expenses.

(4) Ownership costs (depreciation) will be determined using the contractor's depreciation schedule (subject to the provisions of FAR 31.205-11).

(5) License, taxes, storage and insurance costs are normally recovered as an indirect expense and unless the contractor charges these costs directly to contracts, they will be recovered through the indirect expense rate.

ELECTRONIC SUBMISSION

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 September 1, 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 August 21, 2020, and not later than (NLT) September 1, 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: Dariya M Walker at dariya.m.walker@usace.army.mil cc: PPMDContracts@usace.army.mil. The POC must receive the email for the “request code” NLT September 1, 2020, at 1:00 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 September 2, 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.20B5009_”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.

Any questions regarding bid submission should be directed to Dariya M Walker via ProjNet

SECTION 00 72 00 - CONTRACT CLAUSES

The following have been modified:

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 15 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 calender days after Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

The following were previously included by reference and are now included by full text:

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (DEC

2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representation. The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(End of provision)

(End of Summary of Changes)