2020 0420 W91238-20-B-0004 AMENDMENT 0004.pdf

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Attached to
Tule River Phase I Federal contract opportunity
Solicitation number
W91238-20-B-0004TuleRiverPhase1
Issued by
Department of the Army Corps of Engineers Engineering District Sacramento

About this file

This document contains an amendment to a solicitation for a federal construction contract. The solicitation is for a road relocation project located at Success Dam and Reservoir in Tulare County, California, as part of improvements at the site. The amendment provides revisions to specifications, deletes certain road protection requirements, and changes bid submission procedures in response to the COVID-19 pandemic. Bids are due on April 24, 2020 and will be opened virtually via Webex or conference call due to public health restrictions. The award will be fixed-price and made to the responsible bidder with the lowest priced, responsive offer. The contract work includes embankment cuts, road relocation, and material stockpiling related to improving public access at the reservoir.

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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 purpose of this Amendment is to:

A. Incorporate revisions to the solicitation stemming from responses to bidder inquiries. See the Alterations in Solicitation provision at FAR

52.252-3. "Cut Sheets" 1,2 & 3 reflect the specif ic specif ication sections and paragraphs that have been revised. Upon contract aw ard, a conformed (clean) volume of specif ications reflecting these changes w ill be provided.

B. Change the bid opening instructions/procedures as a result of COVID19.

C. See Summary of Changes

*Note that additions are reflected by italics; and deletions are reflected by strike-throughs.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 10

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

16C. DATE SIGNED

BY 20-Apr-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 W9123820B0004

X 9B. DATED (SEE ITEM 11)

16-Mar-2020

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

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

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

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

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

20-Apr-2020

CODE

USACE SACRAMENTO DISTRICT

ATTN: CONTRACTING DIVISION

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:

W9123820B0004

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 21 00 - INSTRUCTIONS

The following have been added by full text:

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

1. Plan sheet G-005: The requirement to protect existing road within the limit of work in the spillway area from STA 49+50.00 to STA 84+50.00 has been deleted in its entirety. See Plan Sheet G-005 R1.

2. Specification Section 01 57 19, Para., 3.7.8.1, Subpara., 3 is revised as follows:

"In accordance with the Equipment Engine Specifications, from the project NTP until the end of the project, all off-road diesel-powered construction equipment greater less than or equal to 50 horsepower

(hp) must meet Tier-3 off-road emission standards. All off-road diesel-powered construction equipment greater than 50 hp must meet Tier-4 off-road emission standards. Contractor must submit documentation with significant rationale for approval on a case-by-case basis for use of lower level equipment." (See excerpt attached)

3. Specification Section 01 22 00.00 10, Para., 1.1.9.1: the following line is deleted from this paragraph

"...that are not included in another bid item.”. (See excerpt attached)

SECTION 00 21 13 - INSTRUCTIONS TO BIDDERS

The following have been modified:

SUBMISSON REQUIREMENTS

INQUIRIES:

Prospective bidders should submit inquiries related to this solicitation in accordance with the following:

For information related to amendments, and the dates set for bid opening, please check https://beta.sam.gov/

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.

To submit and review bid inquiry items, offerors 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 QUICK ADD link. Select agency as

USACE, and enter the Bidder Inquiry Key for this solicitation listed below, your e-mail address, and then click continue. Fill in all required information and click Add User. From this page you may view all bidder inquiries or add an inquiry. Bidders will receive an acknowledgement of their question via e-mail, followed by an answer to their question after it has been processed.

The Solicitation Number is : W9123820B0004

The Bidder Inquiry Key is: 29CG5I-MJI7VN

The Bidder Inquiry System will be closed 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.

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.

http://www.fedbizopps.gov/ http://www.projnet.org/projnet

DIRECTIONS FOR SUBMITTING BIDS:

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

MARK ENVELOPES:

Solicitation No. W9123820B0004

ADDRESS ENVELOPES TO:

PRIMARY RECIPEINT: JOHN WYSOCKI

SECONDARY RECIPIENT: GREG TREIBLE

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. All bids must process through the security x-ray system. All visitors must pass through the building metal detector. Bids will not be considered to be under government control until processed through x-ray and submitted and accepted by the Bid Opening Officer. Additionally, you are advised that there is no public parking in the Building. Bidders are advised to plan accordingly for parking and entry processing times. The

Bid Opening Officer or representative 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 coordinate with 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) 557-7857, in order to request assistance.

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

Per Amendment 4 – the following is added:

Due to COVID-19 Concerns, the Government will host a virtual bid-opening. The public will not be allowed to be physically present in the bid room. Instead, interested parties may view the Bid Opening live by logging into Webex using the following:

Video Information:

https://usace.webex.com/usace/j.php?MTID=m6e1d92b5b9c1ece81b049dbea8536094

Meeting number (access code): 965 552 255

Meeting password: 2468

Friday, April 24, 2020

09:00 am | (UTC-07:00) Pacific Time (US & Canada)

For those interested parties who would prefer to listen to the bid opening via conference call, please call in using the following:

Call in Information:

1-8882045984 Call-in toll-free number (ATT Audio Conference)

1-6023332014 Call-in number (ATT Audio Conference)

322 329 2 Access Code

PLEASE MUTE/SILENCE YOUR PHONE.

In the event of technical difficulties, the Government will continue with the bid opening as planned and the Bid

Abstract will be posted to beta.SAM.gov by close of business on Friday, 24 April 2020.

BASIS FOR AWARD:

The Government contemplates award of one contract to the responsible bidder who submits the lowest priced bid that is; responsive, fair and reasonable, and does not reflect unbalanced pricing for this invitation for bids. Both the

CLIN Schedule in Section 00 10 00 and the pricing schedule must be completed.

Options will be evaluated as stated in FAR 52.217-4 and FAR 52.217-5.

FACSIMILE BIDS/OFFERS:

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

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.

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 BIDS/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.

SUPPLEMENTARY INSTRUCTIONS TO BIDDERS- DETAILED SUBMISSION REQUIREMENTS

Submit the original hard-copy and one (1) complete copy of the bid on Compact Disk (CD) using a searchable

“PDF” file format.

Use only 8-1/2” x 11” pages. There are no page limits; however, limit responses to required information. Organize your bid as indicated below. If a tab is not applicable to your bid, omit that tab but do not renumber the subsequent tabs.

TAB CONTENTS OF THE BID

Bid Cover Sheet

SF 1442; Acknowledgement of Amendments; Joint Venture Agreement

Contract Line Item Number (CLIN) Schedule and Pricing Schedule

Bid Guarantee

Pre-Award Survey Information

Representations and Certifications

The format and content for the price cover sheet follow:

Tab a: Bid Cover Sheet

Solicitation Number:

The name, address, DUNS Number, e-mail address, and telephone and facsimile numbers of the bidder.

A statement specifying the extent of agreement with all terms, conditions, and provisions included in the Solicitation and agreement to furnish any or all items upon which prices are bidded at the price set opposite each item.

Names, titles, e-mail address, telephone and facsimile numbers of persons authorized to negotiate on the bidder’s behalf with the Government in connection with this solicitation:

Name, title, and signature of person authorized to sign the bid. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

Tab b: SF 1442; Acknowledgement of Amendments; Joint Venture Agreement.

The Standard Form (SF) 1442 must be completed by the bidder and duly executed with an original signature by the official(s) identified in the bid price cover sheet as authorized to bind the bidder in accordance with FAR 4.102, which includes specific instructions pertaining to individuals, partnerships, corporations, Joint Venture participants, and agents. Include the bidder’s DUNS number in block 14 of the SF 1442, along with the bidder’s address. All amendments must be acknowledged in accordance with the instructions on the

Standard Form 30, Amendment. If the bidder is a Joint Venture (JV), include a copy of the JV agreement and indicate its status. (Note: It is preferred, but not required, that you use a document protector in lieu of punching holes in the original SF 1442.)

Tab c: CLIN Schedule and Pricing Schedule

For the purposes of this invitation for bid: the CLIN Schedule (Section 00 10 00) reflects what the bidder is contractually obligated to perform upon contract award. The Pricing Schedule (Exhibit A) reflects a breakdown of the CLIN Schedule into major project components and aligns with the Measurement and Payment Section of the specifications (i.e., how the contractor will be paid following completion, government acceptance of the work item and submission of a proper invoice). The sum of the pricing schedule components for each CLIN must reflect the total price reflected for said CLIN on the CLIN Schedule. Section 00 10 00 provides how the Government will evaluate arithmetic and clerical errors.

Submit the completed CLIN Schedule with the pricing schedule (i.e., bidder’s proposed contract prices inserted in the appropriate spaces). Prices must be submitted for all CLINs. Unit prices must be extended to the actual “dollar and cents” amounts (i.e., to two decimal places). Do not round off the extended prices to the nearest dollar. Check your pricing submission very carefully for arithmetic and clerical errors prior to submission. Any qualification of pricing may render the bid unacceptable and therefore not eligible for award. (Note: It is preferred, but not required, that you use document protectors in lieu of punching holes in the completed “original” pricing schedule.)

Tab d: Bid Guarantee

All bidders must submit a bid guarantee, (e.g., Standard Form 24, Bid Bond) which complies with the requirements of FAR 28.101 Bid Guarantees, and any Defense and Army supplements thereto.

Tab e: Pre-Award Survey Information

The contracting officer is required to make an affirmative pre-award determination of the prospective contractor’s responsibility in accordance with the mandatory requirements of Part 9 of the Federal Acquisition Regulation (FAR) and its supplements. The contracting officer must have sufficient information available to determine that a prospective contractor meets these minimum standards.

Construction Contractor Data Form with Supplemental Schedules A-C (see format which follows). If the bidder is a large multi-segmented business concerns, the data provided on the supplemental schedules may be limited to information that directly pertains to the specific segment of the business concern (i.e., the division, group, unit, etc.)

proposed to perform work under the prospective contract with its own work force. If the bid is being submitted by a

Joint Venture, submit a separate form for each Joint Venture participant. The bidder may submit pre-award survey information in another format, provided that the information furnished is substantially the same as that which would be furnished on the Construction Contractor Data Form and its supplemental schedules.

Current financial statements. If the financial statement is more than 60 days old, submit a certificate stating that the firm's financial condition is substantially the same, or, if not the same, state the changes that have taken place. If a

Joint Venture, provide this information for each participant in the Joint Venture.

Banking information. Provide letters from banks or other financial institutions with which the contractor conducts business. The letters should contain information about your firm's accounts, loans, lines of credit, etc. The

Government is interested in financial stability, timely payments, the length and nature of the relationship betweenthe firm and the financial institution, and the firm's financial ability to perform the contract. The letters should also provide the name and telephone number of the bank representative the Government may contact. If a Joint Venture, provide this information for each Joint Venture participant.

The Government will treat the pre-award survey information submitted by the bidder as proprietary.

Tab f: Representations and Certifications

See Section 00 45 00, FAR 52.204-8 Annual Representations and Certifications.

CONSTRUCTION CONTRACTOR DATA DATE:

Firm Name, Telephone Number and Email Address Main Office Address (Street, City, and State)

Branch Offices Services Rendered

Construction:

Design:

Consultant:

Organization (check as applicable)

Individual Joint Venture

Partnership Corporation

Date Organized: Date Incorporated:

State:

Names of Officers and Other Key Personnel

I – PRESENT PAYROLL PERSONNEL (List Number of Each Category Below)

Partners:

Officers:

Other Key:

Remainder: Subtotal Permanent:

Maximum Personnel at Any Time:

Date:

Total:

II—EQUIPMENT OWNED III—FINANCIAL DATA AS OF

(DATE):

Present Value ($)

Current Assets:

Acquisition Cost ($) Current Liabilities:

Net Worth:

IV—TOTAL VALUE OF CONSTRUCTION AND DEMOLITION

WORK IN PAST 6 YRS EXCLUSIVE OF JOINT VENTURE

(LIST MOST RECENT FIRST)

V—LARGEST JOB EVER

CONTRACTED

(If Other Than in Past Six Years)

$ LARGEST JOB IN PAST 6 YRS Contract Amount:

Date:

Description:

Owner:

$ Contract Amount:

Date:

Description:

Owner:

Avg. Annual Income

VI—TYPE OF WORK IN WHICH FIRM SPECIALIZES

NAME AND POSITION/TITLE OF PERSON SIGNING SIGNATURE

See attachment for explanations or detailed description of item(s) reported above.

CONSTRUCTION CONTRACTOR DATA – SCHEDULE A – EXISTING COMMITMENTS

List below the construction projects your firm currently has under way between $10M and $50M, including recent awards. Also list construction projects for which your firm is the apparent successful offeror/bidder, but for which a contract has not yet been awarded.

CONTRACT

NUMBER

AMOUNT

DESCRIPTION/

LOCATION

ORGANIZATION/

CONTACT PERSON/

PHONE NUMBER

PERCENT

COMPLETE

CONSTRUCTION CONTRACTOR DATA – SCHEDULE B – COMPLETED PROJECTS

List below the principal construction projects your firm has completed within the past six years, including all DoD contracts.

NUMBER

AMOUNT

DESCRIPTIO

N/

LOCATION

ORGANIZATION/

CONTACT PERSON/

PHONE NUMBER

PERCENT

SELF-

PERFORMED

CONSTRUCTION CONTRACTOR DATA – SCHEDULE C CONSTRUCTION AND/OR TECHNICAL

EQUIPMENT

List total equipment and facilities owned for performing the prospective contract and present status as to whether or not it is currently committed to existing contracts.

QUANTITY

DESCRIPTION

CONDITION

YEARS OF

SERVICE

PRESENT STATUS

(End of Summary of Changes)

File details come from the government source that posted it. Updated .