B.08.03 W9123722R0003 0001.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 above referenced contract for LRD Land Based Construction Contract, River Districts of Great Lakes and Ohio River Division is hereby AMENDED as follow s:

Section 00 21 16 Instruction to Proposers, Section 3, Content Requirement, Section 1, Factor 1 (7) last bullet is deleted in its entirety and replaced w ith “Provide a letter from a surety w hich demonstrates your ability to provide bonding for at least three concurrent running (3) jobs in excess of $10,000,000.00 each for unrestricted contractors and in excess of $1,000,000.00 each for small business contractors.”

All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

1 10

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

16C. DATE SIGNED

BY 29-Mar-2022

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 W9123722R0003

X 9B. DATED (SEE ITEM 11)

07-Mar-2022

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

29-Mar-2022

CODE

USACE, CONTRACTING DIVISION

KAREN SIMMONS, 502 8TH STREET

HUNTINGTON WV 25701

W91237 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9123722R0003

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 21 16 - INSTRUCTIONS TO PROPOSERS

The following have been added by full text:

REVISED INSTRUCTIONS

PROPOSAL SUBMISSION

1. INTRODUCTION. ALL SUBMISSIONS TO THIS REQUEST FOR PROPOSAL ANNOUNCEMENT

SHALL BE SUBMITTED ELECTRONICALLY THROUGH DOD SAFE. No paper copies, CD-ROMs for facsimile submissions will be accepted. Electronic proposal submission is required through the Army’s Electronic File Sharing Service, DOD SAFE (https://safe.apps.mil). There are no user accounts for SAFE. Authentication is handled via email. All perspective offerors have access to DOD SAFE, and the application is available for use by all perspective offerors. The SAFE “Getting Started Guide” has information on how to utilize the system (https://safe.apps.mil/about.php). Instructions for uploading are as follows:

a. Send an email to the Contracting Officer AND Contract Specialist to receive the link to drop off your proposal. This will need to be completed no more than five (5) business days and no less than two (2) business days prior to the solicitation due date. Offerors that fail to email to request a code no less than two (2) business days prior to the bid due date accept the risk in not receiving a request code in time for upload to the DOD SAFE.

Contracting Officer, Samantha Stiles: Samantha.l.stiles@usace.army.mil Contract Specialist, Karen L. Simmons: karen.l.simmons@usace.army.mil

b. You will receive an email with the link to submit your drop-off.

c. Short Note to the Recipients: Click the Add Files or Drag and Drop your files. For the file description, enter W9123722R0003 – FIRM NAME.

d. Click Upload button to send documents.

RECEIPT OF SUBMISSIONS: For the purposed of establishing whether a proposal submission is considered timely, the government considers the date and time the submission is completely uploaded into the SAFE website.

Do not assume that electronic communication is instantaneous. It can take several minutes or even hours in some cases.

2. PROPOSAL FORMAT REQUIREMENTS.

a. All documents SHALL BE IN read-only format, using PDF files.

b. The offeror’s proposal shall consist of three (3) separate volumes. The Volumes are:

I – Technical (Factors 1 – 5) II – Cost/Price (Factor 6) III - Solicitation, Offer and Award Documents and Certifications/Representations.

c. Offerors are cautioned that “parroting” of the Technical requirements or the solicitation with a statement of intent to perform does not reflect an understanding of the requirement or capability to perform. Offerors are responsible for including sufficient details to permit a complete and accurate evaluation of each proposal.

Proprietary information shall be clearly marked. Files shall not contain classified data. The use of hyperlinks in proposals is prohibited.

d. It is the offeror's responsibility to ensure the completeness of the proposal. The evaluation panel for the Government may evaluate solely on the information provided in the proposal and will not assume that an offeror possesses any capability unless specified in the proposal.

e. Printing should be single spaced. Each paragraph shall be separated by at least one blank line. A standard, 10-point minimum font size applies. Arial or New Times Roman fonts are required. Tables and illustrations may use a reduced font size no less than 8-point and may be landscape.

f. There are no maximum page limits.

g. Format. The submission shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be appropriately numbered and identified by the complete company name, date and RFP number in the header and/or footer. A Table of Contents should be created follow the general structure detailed below. (See 3. Content Requirement)

3. CONTENT REQUIREMENT. All information shall be confined to the appropriate file. The offeror shall confine submissions to essential matters, sufficient to define the proposal in a concise manner, to permit a complete and accurate evaluation of each proposal. Each file of the proposal shall consist of a Table of Contents, Summary Section, and the Narrative discussion. The Summary Section shall contain a brief abstract of the file. Proprietary information shall be clearly marked. The following shall be included in the Narrative discussion:

VOLUME I – Technical. The volume shall be organized into the following sections:

a. Section 1 – Factor 1. The offeror’s proposed technical capability and specialized experience. This section of the proposal shall address the following as a minimum:

- Describe your specialized experience as it pertains to the following listed tasks and provide information on how to accomplish the tasks. List the amount and type of owned equipment that will be used in performing each work order under this contract. The following tasks are listed in descending order of importance, with 1 being the most important task, and 7 the least important.

(1) Emergency mobilization (within 24 hours) of experienced construction crews capable of handling immediate response to natural disasters or other catastrophic events. Offerors will describe their maximum capability to handle emergency projects such as, but not limited to: major project/area cleanup; and repairs/modification/strengthening required of existing dams, levees, and locks in support of Flood Damage Reduction (FDR), and/or Interim Risk Reduction Measures (IRRM). Offerors should address their capability to respond to situations to a single (or multiple) work site(s) within the geographic boundaries of the Great Lakes and Ohio River Division (LRD).

(2) Emergency mobilization (within 24 hours) of experienced construction crews (including professional surveying services) capable to support the above with various sized equipment including, but not limited to, dozer(s), end loader(s), dump trucks, etc. intended for use in Dam and Levee Safety.

(3) Other nonemergency work on and around Levees, Locks and Dams.

(4) Land-based stream bank protection and excavation site work.

(5) Construction or remodeling of small to large buildings.

(6) Small bridge construction.

(7) Demolition of small to large structures.

- Provide relevant projects, current or completed in the past six years from the date of the solicitation that best demonstrates your experience with performing each of the above seven (7) tasks. For each project experience provided the offeror must address the following:

- Company name

- Name of project and location

- Contract number (if applicable)

- Detailed description as to how the work in the project relates to the specified task.

- Company role (prime, joint venture, subcontractor) and work your company self-performed.

- Construction cost at award and final cost.

- Reason for cost growth.

- Award date.

- Scheduled completion.

- Actual completion.

- Reason for time growth.

- Extent and type of work subcontracted out.

- Owner’s POC for reference (Name, company, phone and email)

- Provide a letter from a surety which demonstrates your ability to provide bonding for at least three concurrent running (3) jobs in excess of $10,000,000.00 each.

- Provide a letter from a surety which demonstrates your ability to provide bonding for at least three concurrent running (3) jobs in excess of $10,000,000.00 each for unrestricted contractors and in excess of $1,000,000.00 each for small business contractors

b. Section 2 – Factor 2. The offeror’s past performance. The contractor will provide the following:

- The Past Performance Questionnaire (PPQ) included in the solicitation is provided for the offeror or its team members to submit to their client for each project the offeror includes in its proposal for Factor 2 - Past Performance. Ensure correct phone numbers and email addresses are provided for the client point of contact.

- Offerors are encouraged to provide at least two points of contact (POCs) for each contract. If different from the client point of contact, also include the name and phone number of the Contracting Officer. Completed Past Performance Questionnaires should be submitted with your proposal.

- If the offeror has a completed Contractor Performance Assessment Report (CPAR) for a project provided under Factor 1, it may be submitted in lieu of the PPQ.

- Offerors should submit at least one Past Performance Questionnaire for each project submitted under Factor 1 (Technical Capability and Specialized Experience). If the offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the offeror should complete and submit with the proposal the first page of the PPQ, which will provide contract and client information for the respective project(s). Offerors should follow-up with clients/references to ensure timely submittal of questionnaires.

- If the client requests, PPQs may be submitted directly to the Contract Specialist, Karen Simmons, via email at karen.l.simmons@usace.army.mil prior to proposal closing date.

- Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs.

However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation.

- Performance recognition documents received within the last six years, from the solicitation due date, such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition. Offerors may also provide details on past performance problems reflected in the PPQ and the corrective action taken.

In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Contractor Performance Assessment Reporting System (CPARS), including Construction Contractor Appraisal Support System (CCASS), using all CAGE/Unique Entity Identifier numbers (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror’s proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract

Reporting System (eSRS), and any other known sources not provided by the offeror. While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the offeror.

Past performance provided will be evaluated on the relevancy of this information for the same or similar items specified for the project in this solicitation. Relevancy, as it pertains to past performance information, is a measure of the extent of similarity between the construction effort, complexity, dollar value, contract type, and subcontract/teaming or other comparable attributes of past performance examples and the solicitation requirements contained in this solicitation. Block 4 (Project Description) of the PPQ is where the offeror provides information on how the project provided for past performance is relevant to the project contained in the solicitation.

Offerors are advised that, while they may submit past performance information on relevant efforts under subcontracts, the Government may be unable to obtain any qualitative information due to the Government’s lack of privity with subcontractors. The Government may not obtain information on all of the listed contract references and/or may not contact all of the identified POCs.

Past performance information provided should be limited to the segment of the firm (e.g. division, group, or unit) that is submitting a proposal. When an offeror or team member’s firm is divided into severable groups (e.g.

division, group, or unit); the Government will evaluate only the past performance of those segments of the firm(s) that will actually perform the work. If an offeror has no recent/relevant performance record or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned, it will receive a rating of “Neutral” for the factor.

c. Section 3 – Factor 3. This factor evaluates the equipment proposed for use on this contract. Provide evidence to indicate that the offeror owns, has at his/her disposal, or can otherwise readily acquire the required equipment in sufficient amounts and in such a condition to accomplish work in a timely, efficient, and professional manner. As a minimum, the information shall include the following:

- Certify that all equipment listed complies with the current USACE Safety and Health Requirements Manual, EM 385-1-1; Government reserves the right to inspect equipment for compliance prior to contract award.

- Provide list of equipment, and its availability, proposed for use on the contract. Describe each piece of equipment to include, as a minimum the number of pieces of each type equipment and name, manufacturer, model, age (include date acquired and miles or hours of use) and condition of each piece of equipment, and a plan for its immediate availability.

- Provide a narrative addressing how the offeror would resource needed equipment for which it does not have ownership. Include any established relationships or rental agreements that would support availability of equipment.

- Provide a statement describing the organization’s preventative and breakdown maintenance program and submit a complete detailed plan of operation in the event of equipment failure.

d. Section 4 – Factor 4. (Management and Administration): This factor evaluates the offeror’s proposed capability to manage and administer required tasks. At a minimum the information shall include the following:

- Provide an organization chart outlining the offeror’s organization with respect to the executive and supervisory personnel proposed to be responsible for an overall management of the contract. Resumes shall be submitted for management, supervisory, inspection and technical personnel. Resumes shall indicate the position for which the individual is proposed and clearly demonstrate the extent to which required skill levels are met and the degree of significant experience attained. The following information shall be included:

- Identify person(s) who will be the on-site Contractor Representative.

- Provide statement of education, background, experiences, licenses, certificates, or other information evidencing the qualification of technical and trades personnel to be utilized to perform the work.

- A statement as to organizational placement of personnel and whether such individuals are current on the offeror’s payroll or have been personally committed for employment on this contract.

- A list of proposed subcontractors and their role in the contract.

- A statement of the offeror’s personnel management policies regarding standards f conduct and disciplinary practices. List the offeror’s plan of action to accomplish work in the event personnel are absent from duty.

- Provide a Strike Contingency Plan.

- Describe administrative procedures to assure availability of key management personnel to be contacted as the need arises.

- Provide a detailed and comprehensive quality control program to ensure total compliance with the contract requirements and a high-quality product for the Government. The program plan shall be sufficiently detailed to assure the Government that the Contractor is fully cognizant of the contract requirements. It shall, as a minimum, address the following key areas:

- An inspection system covering all the aforementioned tasks above.

- A method of identifying deficiencies in the quality of work performed before the level of performance is unacceptable.

- A filing system of all inspections conducted by the Contractor and the corrective action taken.

- A method insuring that employee have full knowledge of assignments and that appropriate technical expertise is utilized with each work assignment.

- Describe in detail your safety policy and safety plan for the contract. It shall, as a minimum, address the following key areas:

- Address job hazard analysis, employee responsibilities and safety training, and public safety.

- Demonstrate knowledge of the USACE Safety Program and OSHA requirements.

- Provide the location of the home office, all branch offices, and define which offices will be involved in the performance of this contract. Provide a narrative for each office identified describing their proposed role and type of support provided (i.e. personnel, equipment, material). Include in your narrative the location(s) from which the majority of personnel and equipment would be provided for work proposed under this contract.

d. Section 4 – Factor 5 (Small Business Participation Plan): ALL OFFERORS ARE REQUIRED TO SUBMIT A SMALL BUSINESS PARTICIPATION PROPOSAL. The Small Business Participation Plan shall be based on the Offeror’s best effort and is required to address each of the following areas individually:

Applicable size of Prime Contractor and Socio-Economic Category (if applies).

Total combined percentage of work to be performed by both large and small businesses (include the percentage of work to be performed both by Prime and Subcontractors).

The total percentage of participation to be performed by each of the Small Business Programs listed in FAR Part 19 (small business, small disadvantaged business, woman-owned small business, HUBZone, service-disabled veteran-owned small business and veteran-owned small business, etc.). (If a small business qualifies in multiple categories, include it in multiple categories).

The principal supplies/services to be provided/performed by Small Businesses.

The extent of commitment to use small businesses in this procurement (for example: small business prime, written contract, verbal agreement, joint venture arrangement, mentor-protégé business relationship, etc.).

SMALL BUSINESS PARTICIPATION REQUIREMENTS

CATEGORY REQUIREMENTS

Small Business - inclusive of all categories (minimum mandatory) 23% Small Disadvantaged Business (goal) 5 % Woman-Owned Small Business (goal) 5 % Veteran-Owned Small Business (goal) 3 %

Service-Disabled Veteran-Owned Small Business (SDVOSB) (goal) 3 % HUBZone Small Business (goal) 3 %

Small Business Participation Plans (from large and small businesses) will be evaluated on the basis of:

(1) The extent of participation of small businesses in terms of the total value of the acquisition and the extent to which the proposals meet and/or exceed small business participation goals for this acquisition. (See Table above.)

(2) Past performance of the offerors (large businesses only) in complying with requirements of the clauses at FAR 52.219-8, Utilization of Small Business Concerns, and 52.219-9, Small Business Subcontracting Plan

(3) The extent to which small businesses are specifically identified by name in proposal;

(4) The extent of commitment to small businesses (for example, enforceable commitments will be weighted more heavily than non-enforceable ones); and

(5) The complexity and variety of the work small businesses are to perform.

Small Business Participation Plan The offeror will be required to provide the following information as part of their proposal:

(a) Check the applicable size and categories for the PRIME offeror -- Check all applicable boxes:

{ } Large Prime or { } Small Business Prime; also categorized as a { } Small Disadvantaged Business { } Woman-Owned Small Business { } HUBZone Small Business { } Veteran-Owned Small Business { } Service-Disabled Veteran-Owned Small Business

Provide the percentage and value of prime contractor participation in the contract: _________% =

EXAMPLE: If the prime contractor proposes a price of $1,000,000 (including all options) and will perform $250,000 in services/supplies as the prime contractor, the percentage of participation would be 25%, equaling $250,000.

(b) Submit the total combined percentage and dollar value of work to be performed by both large and small businesses (include the percentage of work to be performed both by Prime and Subcontractors):

When combined, Large and Small Business totals must equal 100%.

Total Percentage/Dollars planned for Large Business(es) _____________________% $_________________ Total Percentage/Dollars planned for Small Business(es) _____________________% $_________________ Total _____________________% $_________________

(c) Indicate the total percentage/dollars of participation to be performed by each type of small business. The percentage/dollars of work performed by Small Businesses that qualify in multiple small business categories may be counted in each category:

{ } Small Business _____________________% $____________________

{ } Small Disadvantaged Small Business _____________________% $____________________ { } HUB Zone Small Business _____________________% $____________________ { } Woman Owned Small Business _____________________% $____________________ { } Service Disabled Veteran Owned SB _____________________% $____________________ { } Veteran Owned Small Business _____________________% $____________________

Total _____________________% $____________________

EXAMPLE: If Prime proposes a price of $1,000,000 (including all options), and small businesses will provide $250,000 in services/supplies as a prime or subcontractor, the % planned for small businesses is 25%, and 75% for large business equaling 100%.

NOTE: Small Business Primes’ self-performance counts as Small Business Participation, and small business primes may achieve small business participation goals through their own performance/participation as a prime and/or through subcontracting to other small businesses.

(d) List principal supplies/services to be performed by Small Businesses:

Name of Company Identify Type of Service/Supply

Small Business:

Small Disadvantaged Business:

Women-Owned Small Business:

Veteran-Owned Small Business:

Service-Disabled Veteran-Owned Small Business:

HUBZone Small Business:

(e) Describe the extent of commitment to use small businesses (e.g., what types of commitments, if any, are in place for this specific acquisition -- written, verbal, enforceable, non-enforceable, joint venturing, mentor-protégé, etc.)

(f) Large Business Subcontracting Past Performance: Describe the extent to which you attained applicable goals for contracts that required you to submit a Subcontracting Plan. You may include copies of up to three “Subcontracting Report for Individual Contracts” or “Summary Subcontract Report” to validate your past performance. Provide an explanation of your efforts where you failed to meet goals.

Small Business Subcontracting Plan: Each Large Business Offeror shall provide a Small Business Subcontracting Plan that contains all of the elements required by FAR Clause 52.219-9. This Plan shall be submitted separately from the Small Business Participation information required above which applies to both Large and Small Businesses. The Subcontracting Plan is not a requirement for evaluation in source selection but rather a requirement for award to a Large Business. The approved Small Business Subcontracting Plan will be incorporated into any resultant contract(s). The Small Business Subcontracting Plan shall be submitted with the volume containing cost/pricing information.

VOLUME II – Factor 6 Cost/Price. The offeror shall fill out and return the Price Breakout Schedule in its entirety.

The Government will evaluate proposals for the purpose of determining the reasonableness and completeness of the prices offered. Price proposals will be analyzed for unbalanced pricing as a part of the Government’s reasonableness determination. Completeness includes review of Proposal Schedules. Unreasonably high or low prices as determined by the Source Selection Authority (SSA), through the use of price analysis techniques under FAR 15.404-1(b), may be grounds for eliminating a proposal from the competitive range, if one is established; based upon the assessment that the offeror does not understand the requirement, or the offeror has made an unreasonable proposal.

VOLUME III – Solicitations, Offer and Award Documents and Certifications/Representations. Each offeror shall complete (fill-in and signatures) the solicitation sections indicated below using the file (without modification to the file) provided with the solicitation. An authorized official of the firm shall sign the SF 1442 and all certifications requiring original signature. An Acrobat PDF file shall be created to capture the signatures for submission.

- Standard Form 1442 (SF 1442), Solicitation, Offer

- Award Section 00 45 00 – Representations and Certifications

- Joint Venture Agreement (if applicable)

DISCUSSIONS

1. GENERAL INFORMATION. In accordance with FAR 15.306(d), discussion sessions with each offeror may be held. Should discussions take place, all offerors in the competitive range at the conclusion of discussion will be allowed to submit Final Proposal Revisions with a common cutoff date.

2. DISCUSSION SCHEDULING. If discussions are conducted, the Contracting Officer will select the method by which discussions will be conducted. Should face-to-face discussions be selected, each offeror will be notified of the time and place at least three (3) business days prior to their discussion session. Appropriate security clearances should be provided by the offerors in sufficient time to process the requests. The Contracting Officer will provide additional instructions with the notification. The discussion sessions will take place at a facility of the Government’s choosing.

The following have been deleted:

INSTRUCTION TO OFFERORS

(End of Summary of Changes)