12-B-0008-U0002.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

W91238-12-B-0008 American River Watershed Site R10

The purpose of this amendment is to clarify expectations to Step one offerors.

The Bid Return Date WILL NOT be extended.

1. CONTRACT ID CODE PAGE OF PAGES

1 9

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

16C. DATE SIGNED

BY 26-Jul-2012

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 W91238-12-B-0008

X 9B. DATED (SEE ITEM 11)

27-Jun-2012

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

26-Jul-2012

CODE

CONSTRUCTION BRANCH

1325 J STREET

SACRAMENTO CA 95814-2922

W91238 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W91238-12-B-0008

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SECTION - CONTRACT LINE ITEM NUMBER (CLIN) SCHEDULE

SUMMARY OF CHANGES

SECTION 00 21 13 - INSTRUCTIONS TO BIDDERS

The following have been modified:

INSTRUCTIONS TO BIDDERS

SECTION 00 21 13

INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS/OFFERORS

AND EVALUATION CRITERIA FOR AWARD

STEP ONE

OF THE TWO STEP INVITATION FOR BIDS

INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

AND EVALUATION CRITERIA FOR AWARD

(Please note: Only offeror’s invited to participate in Step Two will be asked to submit pricing)

SUBMITAL INFORMATION:

The following documents must be returned with your bid.

--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 bid.

--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 00 45 00).

--Your Bid Guarantee (e.g., Standard Form 24, “Bid Bond”) (Offerors invited to participate in Step

Two will be asked to submit a Bid Guarantee)

INQUIRIES:

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 bid 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 : W91238-12-B-0008

The Bidder Inquiry Key is: JJ2W56-NTANLX

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: Ryan Bayless Telephone: (916) 557-7090

FAX: (916) 557-5278.

E-MAIL:

Ryan.J.Bayless@usace.army.mil AND Carol.A.Dones@usace.army.mil

DIRECTIONS FOR SUBMITTING BIDS:

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

MARK ENVELOPES:

Solicitation No. W91238-12-B-0008 Bid Opening Date: July-2-2012 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 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 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.

CONTRACTOR RESPONSIBILITY, PREAWARD SURVEY:

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.

AVAILABILITY OF CORPS OF ENGINEERS PUBLICATIONS DESCRIPTIONS:

a. The internet URL for Corps of Engineers publications is:

http://140.194.76.129/publications/

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. Information about the CCB can be obtained from:

http://www.wbdg.org/ccb/ccb.php

c. The Corps of Engineers manual, EM 385-1-1, Safety and Health Requirements

Manual, is available on the Internet at the following location:

https://kme.usace.army.mil/CoPs/Contracting/USACE%20Safety%20Manual%20%20E

M%2038511%202008/Forms/AllItems.aspx or an alternate URL is http://www.usace.army.mil/CESO/Pages/EM385-1-1,2008NEW!.aspx .

TELEGRAPHIC BIDS:

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.

FACSIMILE BIDS/OFFERS:

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

PREPARATION OF SUBCONTRACTING PLAN:

(a) See FAR 52.219-9, Section 00 70 00, 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 $1,500,000; they are not required from small business firms regardless of the contract price.

(b) For information on the evaluation of subcontracting plans, see Army Federal Acquisition Regulation Supplement, Appendix DD.

(c) Contact Ms. Michelle Stratton (916)557-7641, Deputy for Small Business, with questions on the Subcontracting Plan requirements and further instructions on submission of Electronic Subcontracting Reporting System (eSRS) as required by FAR 52.219-9.

(d) 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 3.5%

Service Disabled Veteran Owned Small Business 2.0%

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

THE TOTAL CONTRACT AMOUNT.

The below information pertaining to bonding and the Bid Guarantee applies to only those invited to participate in Part Two of the subject solicitation.

PERFORMANCE AND PAYMENT BONDS:

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 00 70 00.

INDIVIDUAL SURETIES IN SUPPORT OF BID BONDS:

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".

BID GUARANTEE FORM AND AMOUNT:

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, 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."

ACCEPTANCE OF OFFERS:

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.

REAL ESTATE ADVISORY

Advisory For Potential Bidders Regarding Real Estate Interest

This Invitation for Bid is issued prior to the agency’s receipt of the real estate interests necessary to proceed with the performance of work described. Award of this contract cannot be made until the requisite real estate interests are obtained. There is no guarantee that this outstanding item will be obtained or that a contract will be awarded pursuant to this solicitation. A full risk assessment has been completed based on the probability of finalizing the acquisition of the real estate interests in a timely manner, and the decision was made to advertise before rights of entry are obtained for this contract in anticipation that the required real estate interests will be secured before award.

ENVIRONMENTAL APPROVAL ADVISORY

This Invitation for Bid is issued prior to the agency’s receipt of the environmental approval necessary to proceed with the performance of work described. Award of this contract cannot be made until this approval is obtained. There is no guarantee that this outstanding item will be obtained or that a contract will be awarded pursuant to this solicitation.

END

(End of Summary of Changes)