08-B-0005-AM08.pdf

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PROJECT: EMERGENCY LEVEE REPAIRS; REGION 1 (SACRAMENTO RIVER), REGION 2 (DELTA BASIN), AND REGION

3 (JAN JOAQUIN RIVER); SACRAMENTO/SAN JOAQUIN RIVERS AND DELTA BASIN, CALIFORNIA

See continuation page for changes.

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

MODIFICATION OF CONTRACTS/ORDER

NO.

E. IMPORTANT: Contractor

15B. CONTRACTOR/OFFEROR

is not, copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer tended.

Offers 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 submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDG- MENT 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.

is extended, B.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CON-

TRACT ORDER NO. IN ITEM 10A.

2. AMENDMENT/MODIFICATION NO.

6. ISSUED BY

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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.

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) is required to sign this document and return

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

PAGE OF PAGES 1. CONTRACT ID CODE

5. PROJECT NO. (If applicable) 4. REQUISITION/PURCHASE REQ. NO. 3. EFFECTIVE DATE

7. ADMINISTERED BY (If other than Item 6)

15C. DATE SIGNED

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

16B. UNITED STATES OF AMERICA

BY

16C. DATE SIGNED

9A. AMENDMENT OF SOLICITATION NO.

9B. DATED (SEE ITEM 11)

10B. DATED (SEE ITEM 13)

CODE CODE

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.

is not ex-copies to the issuing office.

NSN 7540-01-152-8070

PREVIOUS EDITION UNUSABLE

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

(Signature of person authorized to sign) (Signature of Contracting Officer)

USAPPC V2.00

10A.

30-105-02

See Item 6USACE SACRAMENTO DISTRICT

ATTN: CONTRACTING DIVISION

1325 J STREET-ROOM 878

SACRAMENTO CA 95814-2922

CODE

FACILITY CODE

J 1 8

0008 23-January-2009 SPEC. NO. 1586

W91238-08-B-0005

24-Oct-2008

W91238-08-B-0005

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

SUMMARY OF CHANGES

The purpose of this amendment is as follows:

1. Extend the bid opening date/time in SF 1442, Block 13 (Section 00010) and Local Clause 52.0214-4582 (Section 00100).

2. Changes to Local Clause 52.0214-4581 (Section 00100) changes Point of Contact information.

3. Remove Clause 52.222-54 (Section 00700) due to pending litigation.

4. For ease of understanding, a conformed copy of the solicitation incorporating “all” changes have been provided along with this amendment. All bids are to be submitted using this conformed copy of the solicitation

SECTION 00100 - BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

The following have been modified:

LOCAL CLAUSES

SECTION 00100

INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS/OFFERORS

AND EVALUATION CRITERIA FOR AWARD

52.204-4005 SUBMITTAL INFORMATION FOR SUPPLIERS (RFQS), BIDDERS (IFBS) AND

OFFERORS (RFPS) (SEP 2004)

The following documents must be returned with your quote, bid, or offer.

--The completed Standard Form 1442 with continuation pages, duly executed with an original signature by an official authorized to bind the company. Ensure that the firm’s DUNS or DUNS+4 Number is entered in the block with its name and address.

--Your acknowledgement of any and all Amendments to the solicitation in accordance with the instructions on the Standard Form 30 Amendment.

Note: If the SF 1442 and/or the pricing schedule was changed by amendment, be sure to use the amended pages when submitting your quote, bid, or offer.

--The completed Pricing Schedule with your proposed contract line item prices inserted in the appropriate spaces. Prices must be proposed for all contract line items and priced sub-line items. Unit prices are to be extended to the actual “dollar and cents” amounts (i.e., to two decimal places). Do not round off extended prices to the nearest dollar. Check your pricing submission very carefully for mathematical and clerical errors prior to submission.

--Your completed Representations, Certifications, and Other Statements of Bidders/Offerors (Section 00600).

--Your Bid Guarantee (e.g., Standard Form 24, “Bid Bond”)

52.0214-4581 INQUIRIES (NOV 2007)

Prospective bidders should submit inquiries related to this solicitation in accordance with the following (collect calls will not be accepted):

a. For information related to amendments, and the dates set for bid opening, please check http://www.fedbizopps.gov

b. Contractual and Technical inquiries and questions relating to proposal procedures are to be submitted via Bidder Inquiry in ProjNet at https://www.projnet.org/projnet.

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

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

3. Bidders will receive an acknowledgement of their question via e-mail, followed by an answer to their question after it has been processed.

4. The Solicitation Number is : W91238-08-B-0005

The Bidder Inquiry Key is: A8AKGV-YRXQAQ

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

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

e. 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.

f. The point of contact for this solicitation is:

Contract Specialist: Marsha Sells (POC 10 Jan 2009 through award) Telephone: (916) 557-5232

FAX: (916) 557-5278

E-MAIL: Marsha.R.Sells@usace.army.mil and Carolyn.E.Mallory@usace.army.mil

52.0214-4582 DIRECTIONS FOR SUBMITTING BIDS (MAR 2003)

Envelopes containing bids must be sealed, marked and addressed as follows:

MARK ENVELOPES:

Solicitation No. W91238-08-B-0005 Bid Opening Date: 27 Jan 2009 http://www.fedbizopps.gov/ https://www.projnet.org/projnet mailto:Marsha.R.Sells@usace.army.mil

Bid Opening Time: 1:00 PM Local Time

ADDRESS ENVELOPES TO:

Department of the Army U.S. Army Engineer District, Sacramento ATTN: Contracting Division 1325 J Street Sacramento CA 95814-2922

SPECIAL INSTRUCTIONS PERTAINING TO HAND-CARRIED BIDS:

Hand-carried bids must be delivered to: The Building Lobby at 1325 J Street, Sacramento, CA.

Due to security precautions, all Corps of Engineers visitors are now required to sign-in, leave a Photo-ID (such as a drivers license), and get a Visitor’s Pass at the Security Desk in the Building Lobby. Bidders may no longer hand-carry their bids directly to Contracting Division. Bids may NOT be either turned-in at the Security Desk or left unattended elsewhere in the Lobby. Additionally, you are advised that there is no longer public parking in the Building.

The Bid Opening Officer will be in the Building Lobby 20 minutes prior to the scheduled bid opening time to accept sealed bids. After announcing that no further bids will be received, the Bid Opening Officer will take the hand-carried bids and have them x-rayed as a security precaution. After the bids have been x-rayed, the bidders waiting in the Building Lobby will then be escorted as a group to the Bid Opening Room, where the bids will be publicly opened and read.

Bidders who desire to hand-deliver their bids at an earlier time must notify the contract specialist in advance to arrange to be met in the Building Lobby by Contracting Division personnel. In the event the contract specialist cannot be reached, please call the main Contracting Division telephone number, (916) 557-5201, in order to request assistance.

Please ensure that all courier and delivery personnel are aware of these procedures.

52.0209-4501 CONTRACTOR RESPONSIBILITY, PREAWARD SURVEY (MAR 2002)

In order to determine a contractor's responsibility for purposes of contract award in accordance with FAR Part 9, the contractor is required to provide a statement regarding previous experience and past performance in performing comparable work, information related to the business organization, financial resources, and/or plant to be used in performing the work (see Attachments, Preaward Survey). The Preaward Survey is attached to the solicitation for information purposes only. It will be required from only the low bidder. After the Bid Opening, the Government will request this information from the low bidder if the low bidder has not had a contract with the Sacramento District within the last twelve months and the Government will set a due date for its submission. The Preaward Survey is not required as part of the bid package.

In order to be determined to be responsible a prospective contractor 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. In making the determination of responsibility, the Government Contracting Officer shall consider relevant past performance information. A prospective contractor shall not be determined responsible or nonresponsible solely on the basis of a lack of relevant performance history except when there are special standards set forth in the solicitation which applies to all bidders that must be met in order to receive the award. These special standards may be necessary when unusual expertise or specialized facilities are necessary in the performance of the contract; therefore, in order to be determined to be responsible for that particular contract, the offeror must be able to meet those special standards. A prospective contractor that is or recently has been seriously deficient in contract performance shall be presumed to be nonresponsible unless the Contracting Officer determines that the circumstances were beyond the contractor's control or that the contractor has taken appropriate corrective action. Other responsibility considerations by the Contracting Officer will include past efforts by the contractor to apply sufficient tenacity and perseverance to perform acceptably, to meet quality requirements of contracts, and the contractor's past compliance with subcontracting plans (if required) under recent contracts.

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.

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

If the contractor or subcontractor does not already have sufficient resources demonstrated in the completed Preaward Survey, acceptable evidence of "the ability to obtain" the required, adequate resources (all of the resources discussed in subparagraphs a, e, and f above) normally consists of a commitment or explicit arrangement that will be in existence at the time of contract award to rent, purchase or otherwise acquire the needed facilities, equipment, other resources, or personnel.

52.0211-4805 AVAILABILITY OF CORPS OF ENGINEERS PUBLICATIONS

DESCRIPTIONS (AUG 1998)

a. Corps of Engineers publications are available for inspection at the following location:

U.S. Army Corps of Engineers, Sacramento District 1325 J Street Engineering Division, District Library, 8th Floor Sacramento, CA 95814-2922 Telephone Number (916) 557-6657

b. Construction Criteria Base (CCB). The Construction Criteria Base (CCB) system available through the National Institute of Building Sciences includes copies of Corps of Engineers methods and specifications.

Documents that are available from this or other such sources will no longer be available directly from the Corps and should be obtained from those sources. Information about the CCB and ordering instructions can be obtained from:

National Institute of Building Sciences 1090 Vermont Ave., NW, Suite 700 Washington, D.C. 20005 Phone: 202/289-7800 (ask for CCB Information)

c. The Corps of Engineers manual, EM 385-1-1, Safety and Health Requirements Manual, is available on the Internet at the following location:

http://www.usace.army.mil/inet/usace-docs/eng-manuals/em385-1-1/.

with evaluation criteria described in DFARS 252.236-7007.

52.0214-4583 TELEGRAPHIC BIDS (JUL 2000)

TELEGRAPHIC BIDS/OFFERS ARE NOT ACCEPTABLE.

However, bids may be modified or withdrawn by written or telegraphic notice. Any telegram to modify or withdraw a bid sent to this office must be received in the office designated in the Invitation for Bids (IFB) for receipt of bids not later than the exact date and time set for bid opening. A telegraphic modification or withdrawal of a bid received in such office by telephone from the receiving telegraph office not later than the exact date and time set for bid opening shall be considered. However, the telephone message shall be confirmed by the telegraph company by sending a copy of the written telegram that formed the basis for the telephone call. The written telegram shall be sealed in an envelope by a proper official and sent to the office designated in the IFB for receipt of bids. The official shall write on the envelope (1) the date and time of receipt and by whom, and (2) the number of the IFB, and shall sign the envelope. The bidder is responsible to inform the telegraph company of these requirements. No one from this office will be dispatched to the local telegraph office to pick up any telegram for any reason.

52.0214-4584 FACSIMILE BIDS/OFFERS (APR 1992)

Facsimile bids/offers, modifications thereto, or cancellations of bids/offers will not be accepted.

52.0219-4581 PREPARATION OF SUBCONTRACTING PLAN (SEP 2004)

(a) See FAR 52.219-9, Section 00700, of this solicitation. Subcontracting Plans will be developed considering only the subcontracts actually to be awarded. Subcontracting Plans are required from other than small businesses if the contract price is over $1 million for Construction or $550,000 for all other; they are not required from small business firms regardless of the contract price.

(b) The sample Subcontracting Plan is attached to this solicitation for information purposes. Review of the Subcontracting Plan by the Government will be in accordance with FAR 19.705-4. For Invitation for Bids a Subcontracting Plan will be required only from the low bidder if the low bidder is a large business and the low bid is over $1 million for construction or $550,000.00 for all other. The Subcontracting Plan is not required from the low bidder until after the Bid Opening; it is not required as part of the bid package. After the Bid Opening, if the selected bidder fails to submit an acceptable plan within the time prescribed by the Contracting Officer, the bidder will be ineligible for award. For Request for Proposals, a Subcontracting Plan is required with submission of the price proposal package.

(c) A Subcontracting Plan which proposes goals less than the recommended goals below must contain support, in writing, for the lesser goals and discuss the Contractor's good faith effort to meet the recommended floors.

(d) In accordance with FAR 19.704 if the contract contains options, the cumulative value of the basic contract and all options is considered in determining whether a subcontracting plan is necessary. If a plan is necessary, the subcontracting plan shall contain separate parts, one for the basic contract period and one for each option period. It is necessary to address planned subcontracting dollars and percentages of total to be awarded to small businesses, small disadvantaged businesses, HUBZone small businesses, women-owned small businesses, veteran-owned small businesses, service-disabled veteran- owned small businesses, Hispanic Servicing Institutions and Tribal Council Universities, HBCU/MIs, and qualified nonprofit agencies for the blind and other severely disabled for the basic contract period and each option period. All other parts of the subcontracting plan only need to be addressed once.

(e) Subcontracts awarded to HUBZone small businesses, small disadvantaged businesses, women-owned small businesses, veteran-owned small businesses, service-disabled veteran-owned small businesses, Hispanic Servicing Institutions and Tribal Council Universities, HBCU/MIs, and qualified nonprofit agencies for the blind and other severely disabled count toward the overall small business goal. HBCU/MIs are counted as a subset of the small disadvantaged business goal. The Corps of Engineers has not been assigned separate goals for qualified nonprofit agencies for the blind and other severely disabled, HBCU/MIs, Hispanic Servicing Institutions and Tribal Council Universities, or for HUBZone small business concerns.

(f) Qualified nonprofit agencies for the blind and other severely disabled, that have been approved by the Committee for Purchase from People Who Are Blind or Severely Disabled under the Javits-Wagner-O’Day Act (41 U.S.C. 46-48), are eligible to participate in the program as a result of 10 U.S.C. 2410d and Section 9077 of Pub. L.

102-396 and similar sections in subsequent Defense appropriations acts. Under this authority, subcontracts awarded to such entities may be counted toward the prime contractor’s small business subcontracting goal.

(g) Contact Ms. Michelle Stratton (916)557-7641, Deputy for Small Business, with questions on the Subcontracting Plan requirements and further instructions on submission of Standard Forms 294 and 295 as required by FAR 52.219-9. These forms with clarifying instructions will be furnished by the Deputy for Small Business to the Contractor's Subcontracting Plan Administrator after contract award.

(h) The accepted Subcontracting Plan will be incorporated into and made a material part of the contract.

(i) The Corps of Engineers highly encourages all bidders/offerors to meet the recommended subcontracting goals as follows:

Small Businesses 70.0%

Small Disadvantaged Businesses 6.2%

Women-Owned Small Businesses 7.0%

HUBZone Small Business 9.8%

Veteran-Owned Small Business 3.0%

Service Disabled Veteran Owned Small Business 0.9%

The goals are calculated as a percentage of the TOTAL SUBCONTRACTING DOLLARS, NOT THE TOTAL

CONTRACT AMOUNT.

52.0228-4504 PERFORMANCE AND PAYMENT BONDS (MAY 2000)

The bidder/offeror whose bid/offer is accepted will, within the time established in the contract, furnish performance and payment bonds in accordance with FAR 52.228-15 located in Section 00700.

52.0228-4506 INDIVIDUAL SURETIES IN SUPPORT OF BID BONDS (AUG 1991)

Bidders/offerors utilizing individual sureties in support of a bid bond shall include a Standard Form (SF) 28 (Affidavit of Individual Surety), accompanied by a pledge of acceptable assets from each person acting as an individual surety, and include these with the SF 24 (Bid Bond), and the bid itself (see clause titled "Pledges of Assets," FAR 52.228-11).

Pledges of acceptable assets shall be in the form of (1) evidence of an escrow account and/or (2) a recorded lien on real estate. If this is an IFB, failure to provide pledges of acceptable assets, with the bid, in the specified form, accompanied by a properly executed SF 24 and SF 28, will render the bidder nonresponsible and thus ineligible for award. If this is an RFP, failure to provide required documentation described herein may cause the offeror to be deemed "unacceptable".

52.228-4507 BID GUARANTEE FORM AND AMOUNT (NOV 2000)

The bidder shall furnish a separate bid guarantee in accordance with the solicitation provision titled "Bid Guarantee", FAR 52.228-1. In accordance with FAR 28.101-2 the bid guarantee amount shall be at least 20 percent of the "bid price" but shall not exceed $3 million. When the penal sum is expressed as a percentage, a maximum dollar limitation may be stated. If there are option line items on the Pricing Schedule (Section 00010), the term "bid price" is hereby defined as the total bid not to include any amount for line items designated as "options". In bids/proposals that contain "additives", the "bid price" is defined as the total of all bid items including additive line items. FAR 28.106-1 states that a Standard Form (SF) 24 shall be used for the bid bond. In accordance with FAR 28.202(a)(1), corporate sureties utilized must appear on the list contained in the Department of Treasury Circular 570 titled "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies."

52.0236-4507 ACCEPTANCE OF OFFERS (AUG 1991)

A written award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

END

(End of Summary of Changes)