W9123620B5010-0001_20200625.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

W9123620B5010 Lynnhaven River Basin Ecosystem Resoration, Phase 1- Reef Habitat Restoration Project

Please see continuation page for full Amendment Breakout

Contracting POC: Stormie Wicks (757) 201.7215 Stormie.B.Wicks@usace.army.mil

1. CONTRACT ID CODE PAGE OF PAGES

J 1 15

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

16C. DATE SIGNED

BY 25-Jun-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 W9123620B5010

X 9B. DATED (SEE ITEM 11)

29-May-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

25-Jun-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:

W9123620B5010

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION

The required response date/time has changed from 29-Jun-2020 05:00 PM to 01-Jul-2020 05:00 PM.

The Issued By organization has changed from

USA ENGINEER DISTRICT, NORFOLK

803 FRONT STREET

NORFOLK VA 23510

to

USACE, NORFOLK DISTRICT OFFICE

CONTRACTING OFFICE

803 FRONT STREET

NORFOLK VA 23510-1011

SECTION 00 21 13 - INSTRUCTIONS TO BIDDERS

The following have been added by full text:

AMENDMENT 0001

W9123620B5010 Amendment 0001

Lynnhaven River Basin Ecosystem Restoration, Phase 1-Reef Habitat Restoration Project is hereby Amended as Follows:

1. Please see Section 00 21 13 INSTRUCTION TO BIDDERS for revised dates of the Request for DoD SAFE Request Code, Electronic Submission of Bids, and Electronic Bid Opening

2. Below Bidder Inquiries submitted via Projnet and corresponding Government responses are hereby incorporated.

Bidder Inquiry number 8625953

a. Is there potential for a substitute reef product to be considered? The substitute product has the same intention with past performance that includes oyster reefs, fish habitat, and shoreline protection?

Government Response to Bidder Inquiry number 8625953: Substitute reef products of a different shape will not be considered. Only the use of domed structures (for safety) conforming to the “constructability parameters” of the Specifications, Section 35 20 10, Reef Habitat Construction, the plan drawings, and the attached environmental permit will be considered.

Bidder Inquiry number 8649474

b. The solicitation on page 11of 52 states “Structures will be installed during a construction window of March 31-July 1” however Section 35 20 10 paragraph 3.2.3 of the Specifications states, “Reef structures shall be installed in configuration shown on construction drawings between the months of 01 March through 3 July at the project location. Which timeframe is correct?

Government Response to Bidder Inquiry number 8649474: The correct installation window is March 01-July 31.

Bidder Inquiry number 8649526

c. Section 35 20 10, Reef Habitat Construction does not include a mix design for the concrete to be used for the reef balls. Please provide the criteria for the concrete.

Government Response to Inquiry number 8649526: A typical Portland cement mix in a three-part mixture of cement, sand, and aggregate is required for this project. No other additives are acceptable.

Bidder Inquiry number 8649564

d. The Constructability Parameter table at the end of Section 35 20 10, Reef Habitat Construction states that “Reef structures are to be composed of 80? 100% concrete. The reef structures are not required to contain shell but may be composed of up to 20% natural shell. No other concrete additive is acceptable (Sand, pebbles, etc.”; however, sand and pebbles are primary component in most concrete. Please provide a mix design for concrete required for the reef balls.

Government Response to Inquiry number 8649564: A typical Portland cement mix in a three-

Bidder Inquiry number 8650222

e. Specification states the material composition should be: “Reef structures are to be composed of 80? 100% concrete. The reef structures are not required to contain shell but may be composed of up to 20% natural shell. No other concrete additive is acceptable (Sand, pebbles, etc).”

Concrete by definition is cement plus aggregates (i.e. sand and gravel). What is their intention with this specification? We currently use a standard concrete mixture (i.e. cement and sand), but we are fairly material agnostic. Could you get some clarification on this specification because it is confusing?

Government Response to Inquiry number 8650222: A typical Portland cement mix in a three-

Bidder Inquiry number 8650227

f. Clarification is requested on the requirement of 1.5 foot clearance between the bottom (mud) and the bottom of the barge and boats Sections 35-20-10 page 4. 3.2.1. If this is necessary, it could be a tough project. I have built many reefs and never had to keep this clearance before.

Please try to get a response as soon as possible. Because it could determine if I can do this project.

Government Response to Inquiry number 8650227: The wording is intended to protect any existing placed reef structures from being damaged after being placed. If the contractor is able to successfully place reef balls with a shallower draft without disturbing already placed reef balls, this should be detailed in the Reef Habitat Construction Plan and approved by the COR prior to construction.”

Bidder Inquiry number 8653772

g. The surveyor of record listed on the plans is Joseph Moore, Waterways, Inc. Could you provide his contact info?

Government Response to Inquiry number 8653772: Any contact or questions for the surveyor of record should be coordinated through USACE.

Bidder Inquiry number 8655993

h. Is the beginning of the deployment season March 1st or March 31st? The dates are inconsistent between the Specs and Solicitation Document.

Government Response to Inquiry number 8655993: The correct installation window is March 01-July 31.

Bidder Inquiry number 8656062

i. In the technical specifications document, section 01 33 00, 1.14, entitled "Withholding of Payment," is blank. If possible or relevant, please provide the associated text?

Government Response to Inquiry number 8656062: Government Response to Inquiry number 8656062: Please refer to the front end clause, 52.222-7 which addresses "withholding of funds."

The blank Section 01 33 00, 1.14 will be deleted in an amendment.

Bidder Inquiry number 8656080

j. Regarding Section 35 20 10, for the Material Composition of the dome-shaped reef structures, are they to be made strictly of Portland Cement and up to 20% shell, or can these reefs be made with the mix of sand and stone that is standard in concrete mixes?

Government Response to Inquiry number 8656080: A typical Portland cement mix in a three-

Bidder Inquiry number 8656192

k. Is it permissible to incorporate a minimal amount of hardware, such as 1 threaded nut, on the concrete or reef structure?

Government Response to Inquiry number 8656192: No hardware is permitted to be incorporated into the reef structure design.

Bidder Inquiry number 8656504

l. Can the dome-shaped reef structures be made with concrete mixtures that are standard in commercially available concrete bags/mixes at the retail level or from contract concrete suppliers?

Government Response to Inquiry number 8656504: Yes, a commercially available mix is acceptable. A typical Portland cement mix in a three-part mixture of cement, sand, and aggregate is required for this project. No other additives are acceptable.

Bidder Inquiry number 8657071

m. Will the Corps pay for Stored Materials under this contract?

Government Response to Inquiry number 8657071: Progress payments may include payment for materials stored off site, provided the requirements of the contract are met. A clause covering payment for off-site materials is added by this amendment.

Bidder Inquiry number 8657082

n. Please clarify if there is any type of warranty period in the contract.

Government Response to Inquiry number 8657082: Yes, clause 52.246-21 "Warranty of Construction" clause, is included by reference on page 11 of the Solicitation and states it is one year.

Bidder Inquiry number 8657170

o. We have reviewed the schedule and it appears there may not be enough time in the placement window if only the Base and Option #1 are exercised.

Government Response to Inquiry number 8657170: The installation window is March 01 – July31 but procurement/fabrication of reef structures has no limitations besides the Period of Performance for the contract.

Bidder Inquiry number 8663280

p. Our possible vendors for the manufacture of the "reef balls" are concerned that they may be infringing on some type of license or trademark for the dome reef balls. Are the "reef balls" shown in the bid documents protected by any known license or trademarks?

Government Response to Inquiry number 8663280: No, there is not a license or trademark for the type of reef balls specified.

Bidder Inquiry number 8663346

q. Our possible vendors for the manufacture of the "reef balls" are concerned that they may be infringing on some type of license or trademark for the dome reef balls. Will the Contractor be allow to purchase the "reef ball" forms from the open market?

Government Response to Inquiry number 8663346: The contractor may provide reef balls from commercial sources, provided the product conforms to the plans and specifications and meets all technical and contractual requirements.

Bidder Inquiry number 8663352

q. Is the "reef ball" design under any known license, trademark or other legal protection which the Contractor should be aware of?

Government Response to Inquiry number 8663352: No, the plan drawings are a representation of an acceptable structure that conforms to the plans and specifications.

3. Changes/Clarifications:

a. Specifications Section 35 20 10, Section 3.1.1. General Specifications, first paragraph, last sentence, delete “during the March through July window” and replace with “during the March 01 through July 31 window.”

b. Specifications 35 20 10 page 9, Constructability Parameters, Material Composition, Specification, Delete “Reef structures are to be composed of 80‐100% concrete. The reef structures are not required to contain shell but may be composed of up to 20% natural shell. No other concrete additive is acceptable (ie. Sand, pebbles, etc.)” Replace with “A typical Portland cement mix in a three-part mixture of cement, sand, and aggregate is required for this project. No other additives are acceptable.”

c. Specifications 35 20 10 page 9, Constructability Parameters, Material Composition, Justification, Delete the two sentences, “Fossil shell and natural shell are a limited resource in Virginia. The concrete percentage is required to ensure enough weight and stability for the reef structure.”

d. Specifications Section 35 20 10, Page 4, 3.2 Reef Habitat Construction, second paragraph, last sentence, after the last word “times,” add the following, “so as not to disturb reef balls that are placed throughout construction. If the contractor is able to successfully place reef balls with a shallower draft without disturbing already placed reef balls, this should be detailed in the Reef Habitat Construction Plan and approved by the COR prior to construction.”

e. Section 01 33 00 Page 9, Delete 1.14 “Withholding of Payment”

f. Specifications, 35 20 10, page 5, Section 3.2.4 Sign Fabrication and Installation, 2nd paragraph, first sentence “Two signs shall be installed prior to the beginning of reef installation construction for navigation safety.” Delete “Two” and replace with “Four dual facing”. Add “around base area” before “prior”. Add the following after this sentence, “Refer to USCG permit for signage at the site and drawings for locations.”

g. Specifications, 35 20 10, page 5, Section 3.2.4 Sign Fabrication and Installation, 2nd paragraph, last sentence, “If the two installed signs are damaged due to the Contractor's construction activities, they shall be replaced at no extra cost to the Government.

Delete “two” and replace with “four dual facing”, add sentence as the last paragraph sentence: “prior to construction of Option areas, signage must be installed for safety and navigation purposes.”

h. Specifications, 35 20 10, page 5, Section 3.2.4, Sign Fabrication and Installation, add the attached US Coast Guard Permit, CG-2554 “Lynnhaven Bay Oyster Reef WDBNs”

i. Specifications Section 01 22 00, Measurement and Payment, Part 1, General, Add 1.5, Insert the following Clause: Payment For Materials Delivered Off-Site (Mar 2009)

(a) Pursuant to Federal Acquisition Regulation (FAR) 52.232-5, Payments Under Fixed Price Construction Contracts, materials delivered to the contractor at locations other than the site of the work may be taken into consideration in making payments if included in payment estimates and if all the conditions of the General Provisions are fulfilled.

Payment for items delivered to locations other than the work site shall be limited to:

(1) Materials required by the technical provisions; or

(2) Materials that have been fabricated to the point where they are identifiable to an item of work required under this contract; or

(3) Items specifically listed below.

(b) Payment for materials delivered off-site shall be made only after receipt of paid invoices listing the value of material and labor incorporated in the items along with a canceled check showing the prime contractor's title to the items delivered off site. Payment for materials delivered off-site shall be limited to the following items: [List specific material items to be considered for payment when off-site delivery is made] (End of clause)

j. Section 01 57 30, Environmental Permit Work Requirements, include the attached permit from the Virginia Marine Resources Commission

VMRC Reef Permit #2018_1472 VMRC Reef Permit #2018_1472 Yellow Placard

The following have been modified:

INSTRUCTIONS TO BIDDERS

1. PROJECT DESCRIPTION:

The U.S. Army Corps of Engineers, Norfolk District is issuing a 100% Small Business Set-Aside, Firm Fixed Price, Sealed Bid contract for construction Lynnhaven River Basin Ecosystem Restoration, Phase 1-Reef Habitat Restoration Project. The Project is located in the Lynnhaven River between Keeling Cove and Dix Creek. The U.S.

Army Corps of Engineers Norfolk District is seeking qualified and experienced contractors capable of fabricating, curing, staging and installing dome-shaped reef habitat structures composed of concrete (approximately 1foot high x 1-1.5 feet wide) spaced two feet apart on approximately 4-8 continuous acres of submerged lands in the Lynnhaven River.

Contractor will produce 600-1200 reef habitat structures per month depending on options exercised. Structures will be installed during a construction window of March 31- July 31. Installation of the fabricated and cured reef structures from water will occur between the months of March – July during the two performance years on an oyster ground lease.

The City of Virginia Beach staging area near the Lynnhaven Boat Ramp adjacent to the Lesner Bridge can be used for an undetermined amount of concrete reef units and project equipment.

The project will be solicited with Definitive Responsibility Criteria (DRC). These criteria are specific and objective standards established by an agency as a precondition to award which are designed to measure a prospective contractor’s ability to perform the contract. In order to be found responsible, the apparent low bidder must demonstrate their past experience with defined work criteria. The two criteria are: 1) Fabrication of Concrete Structures, 2) Marine Construction Experience 3) Delivery of Construction Materials

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. DEFINITIVE RESPONSIBILITY CRITERIA (DRC)

The apparent low bidder will be required to submit project information to estavblish that it meets the DRCs within 24 hours of bid opening. Failure t provide the DRC information may result in a negative responsibility determination that will render the bidder ineligible for award. The DRC are specific and objective standards established by an agency as a precondition to award which are designed to measure a prospective contractor’s ability to perform the contract. In order to be found responsible, the apparent low bidder must demonstrate their past experience with defined work criteria. The three criteria are: 1) Fabrication of Concrete Structures, 2) Marine Construction Experience 3) Delivery of Construction Materials

The project submission shall describe the owner name, contract number (if applicable), contract value, a description of the work performed, which should address the mandatory project elements set out below, and a point of contact for the owner.

The bidder may demonstrate experience with individual elements in one project or may demonstrate experience with each criteria in separate projects provided the bidder demonstrates at least three (3) examples of performance of each criteria.

Criteria 1: Fabrication of Concrete Structures: Bidder shall provide three examples of completed contracts performed in the last five years fabricating concrete structures comparable to those specified at a production rate comparable to what will be required in this contract.

Criteria 2: Marine Construction Experience: Bidder shall provide three examples of completed contracts performed in the last five years involving construction or a placement in a marine setting comparable to what will be required in this contract.

Criteria 3: Delivery of Construction Materials: Bidder shall provide three examples of completed contracts performed in the last five years involving marine transport of concrete structures comparable to those specified at a rate comparable to what will be required in this contract.

The prime contractor bidder will be permitted to demonstrate experience in relation to the definitive responsibility criteria (DRCs) through an intended key subcontractor provided that (1) the bidder clearly describes the role(s) that the intended subcontractor will perform if awarded this contract, (2) the scopes that the subcontractor performed on the sample projects are clearly described, and (3) the intended key subcontractor provides an unequivocal letter of commitment in conjunction with the sample projects.

The Government anticipates that the prime contractor may subcontract portions of the work. Accordingly, the Definitive Responsibility Criteria may be met through the experience of a subcontractor provided that an unequivocal commitment of the subcontractor is provided in writing conditioned only on the prime contractor being awarded the contract.

If DRC examples provided are based on the experience of the subcontractor, a signed letter of cimmitment from that subcontractor shall be submitted with the DRC response.

3. BIDDER QUESTIONS AND COMMENTS

All questions and/or comments should reach the above referenced Contracting Office via ProjNet no later than 10 calendar days prior to bid due date 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: W9123620B5010 The Bidder Inquiry Key is: 33BIWC-8S7JQN

The Bidder Inquiry System will be unavailable for new inquires 7 days prior to electronic bid submission 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.

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 total evaluated price consists of the Base Bid requirements plus ALL Option Items. 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 clause 52.217-7.

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. 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 offeror.

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.

Please insure the Bank is prepared to provide necessary information regarding average balances in your operating accounts, lines of credit and credit history.

b) Current commitments and expected dates of completion

6. PREAWARD SURVEY INFORMATION, SOLICITATION W9123620B5010

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

a) Current commitments and expected dates of completion.

b) 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).

c) 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.

d) IMPORTANT NOTE, this solicitation requires apparent low bidder to submit DRC criteria as defined above.

7. CONSTRUCTION TIME:

For the base contract bid items, begin performance within 30 calendar days and complete all work within 365 calendar days of receipt of Notice to Proceed (NTP). For each OPTIONAL contract bid item, complete all work within 182 calendar days for each OPTIONAL CLIN (if exercised). Total Period of Performance for BASE plus ALL CLIN Items (if exercised) shall not exceed 729 calendar days.

8. EVIDENCE OF AUTHORITY TO SIGN OFFERS:

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.

9. 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.

10. INCURRING COSTS:

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

10. 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.

11. 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.

12. 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

13. 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 VA20200062, dated 05/22/2020.

14. 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.

15. PERFORMANCE EVALUATION OF CONTRACTOR:

As a minimum, the Contractor's performance will be evaluated upon final acceptance of the work. However, interim evaluations may be prepared at any time during contract performance when determined to be in the best interest of the Government. 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.

Agencies shall monitor their compliance with the past performance evaluation requirements (see 42.1502), and use the Contractor Performance Assessment Reporting System (CPARS) and Past Performance Information Retrieval System (PPIRS) metric tools to measure the quality and timely reporting of past performance information.

Past performance information shall be entered into CPARS, the Government wide evaluation reporting tool for all past performance reports on contracts and orders. Instructions for submitting evaluations into CPARS are available at http://www.cpars.gov/. Contractors are required to register with the system to respond and view their reports.

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. INVOICING

INVOICES SHALL BE SENT TO THE FOLLOWING

U.S. Army Engineer District, Norfolk CENAO-WR-OpsInvoicing@usace.army.mil

Cc’d

Kimberly.C.Koelsch@usace.army.mil

19. 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 1 July 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 24 June 2020, and not later than (NLT) 1 July 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: Stormie Wicks at Stormie.B.Wicks@usace.army.mil, and cc Eartha.D.Garrett@usace.army.mil; PPMDContracts@usace.army.mil.

The POC shall receive the email for the “request code” NLT 1 July 2020, at 12:00 p.m. EDT, to allow time for submission of the electronic bid. 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 2 July 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) must also be included in the attachment labeled “Bid.20B5010_”Bidder Name.” Please be advised that in accordance with FAR Deviation 2020-o0016, Class Deviation – Original Documents, Signatures, Seals and Notarizations - Electronic signatures and electronic, mechanically-applied, or printed dates may be used and shall be considered original signatures and dates, without regard to the order in which they are affixed for all of part 28 instruments as requested by this solicitation, including the bid guarantee. Pursuant to this deviation, a seal on the bid guarantee is not required

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 Stormie Wicks in ProjNet.

20. 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.

(End of Summary of Changes)