W91248-23-B-0001-0005 SF-30 8 Jun 23.pdf

0011727848

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 the amendment is to:

1. Revise paragraph C in block 10 of the SF 1442

2. Extend the bid closing date from 9 June 2023 to 13 June 2023

3. Add FAR 52.204-27

4. Add sub-paragraph (7) Organization and Execution to paragraph (c), Bid Format and Content of Section L, Instructions to Bidders

1. CONTRACT ID CODE PAGE OF PAGES

J 1 6

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

16C. DATE SIGNED

BY 08-Jun-2023

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 W9124823B0001

X 9B. DATED (SEE ITEM 11)

05-May-2023

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing Items 8 and 15, and returning 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

08-Jun-2023

CODE

MICC - FORT CAMPBELL

BLDG 6923 38TH AND DESERT STORM

FORT CAMPBELL KY 42223

W91248 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9124823B0001

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 09-Jun-2023 12:00 PM to 13-Jun-2023 12:00 PM.

The required performance has changed from A. Bidders must complete and return the SF 1442 front and back (2 Pages), Technical Exhibit 1 (Bid Price Schedule), and Section K (Reps and Certs) by the date and time specified in Block 13A of the SF 1442. Faxes w ill NOT be accepted.B. Offeror must acknow ledge receipt of all amendments by giving number and date as required in Block 19.C. Bids shall be submitted via US Mail/Expressed Mail or Hand Carried per Instruction to Bidders; Bid Amendments shall be submitted electronically to the email addresses stated herein, and show the solicitation number, date, and time of closing. Please enter your CAGE code, Tax ID (TIN) & DUNS in Block 14 of Page 2.D. The Government intends to award a single Indefinite Delivery, Indefinite Quantity (IDIQ) type Paving contract for this Solicitation. The project is 100% small business set-aside.E.

The Magnitude of this project is between $25,000,000 and $100,000,000.F. Assigned NAICS Code is 237310, "Highway, Street, and Bridge Construction", Small Business size standard is $45.0 Million.G. A 12 month Base Period with Four (4) 12 month Option Years is contemplated. to A. Bidders must complete and return the SF 1442 front and back (2 Pages), Technical Exhibit 1 (Bid Price Schedule), and Section K (Reps and Certs) by the date and time specified in Block 13A of the SF 1442. Faxes w ill NOT be accepted.B. Offeror must acknow ledge receipt of all amendments by giving number and date as required in Block 19.C. Bids and Bid Amendments shall be submitted via US Mail/Expressed Mail or Hand Carried per Instruction to Bidders. Please enter your CAGE code, Tax ID (TIN) & DUNS in Block 14 of Page 2.D. The Government intends to award a single Indefinite Delivery, Indefinite Quantity (IDIQ) type Paving contract for this Solicitation. The project is 100% small business set-aside.E. The Magnitude of this project is between $25,000,000 and $100,000,000.F. Assigned NAICS Code is 237310, "Highway, Street, and Bridge Construction", Small Business size standard is $45.0 Million.G. A 12 month Base Period with Four (4) 12 month Option Years is contemplated..

SECTION I - CONTRACT CLAUSES

The following have been added by full text:

52.204-27

PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

(a) Definitions. As used in this clause—

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

The following have been modified:

INSTRUCTION TO BIDDERS

(a) General

(1) This procurement is in accordance with FAR Part 14, Sealed Bidding.

(2) These instructions are a guide for preparing your bid and generally describe the type and extent of information you should provide. It is imperative that bidders complete all documents and provide all necessary documentation as required by this solicitation. Failure to follow these instructions may result in the Government not being able to properly evaluate your response. As a result, you may be removed from consideration for award.

(3) As prescribed in FAR Part 14, there will be no discussions or negotiations following the solicitation period. The Government may clarify apparent clerical mistakes as outlined FAR Subpart 14.407. By responding to this solicitation and submitting a bid in response, the bidder understands that the Government will not be liable for any cost incurred by the bidder in the preparation of their bid.

(4) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of a bid, the bidder acknowledges the requirement that a prospective awardee be registered in the SAM database prior to award, during performance, and through final payment of any contract resulting from this solicitation. The bidder may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.sam.gov.

(5) Late Bids. (i) Any bid, modification, or withdrawal received at the Government office designated in the solicitation after the exact time specified for receipt of bids is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late bid would not unduly delay the acquisition; and-

(A) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of bids and was under the Government’s control prior to the time set for receipt of bids.

(ii) A late modification of an otherwise successful bid, that makes its terms more favorable to the

Government, will be considered at any time it is received and may be accepted.

(iii) If an emergency or unanticipated event interrupts normal Government processes so that bids cannot be received at the Government office designated for receipt of bids by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the bid opening date, the time specified for receipt of bids will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(6) Solicitation Amendment. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. The bidder shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(7) Solicitation Questions. (i) The bidder may email questions regarding this solicitation to the Contract Specialist, Mr. Aaron Davis, aaron.l.davis30.civ@army.mil, and Contracting Officer, Ms. Rana Y. Steele, rana.y.steele.civ@army.mil. The Government is not obligated to provide responses to all questions submitted but will consider them and incorporate changes if determined necessary by the Contracting Officer. The Bidder may submit questions up to 10 days prior to the closing date established by the solicitation or any subsequent amendment.

(ii) Include in the subject line of the email the Government’s solicitation number. Failure to do so will lessen the Government’s ability to ensure all questions are considered during the bidding process.

Provide your company name, POC, and contact information in the body of the email.

(iii) Any remarks, explanations, or answers provided by any other government representative shall not change or qualify any of the terms or conditions of the solicitation and resultant contract. All solicitation changes will be the result of a written solicitation amendment issued by MICC Fort Campbell.

(8) If a bidder believes this solicitation contains an error, ambiguity, omission, or are otherwise unsound, the bidder shall immediately notify the Contracting Officer.

(9) In accordance with FAR 36.204 and DFARS 236.204, the magnitude of construction for this project is between $25,000,000 and $100,000,000.

(b) Bid Submission Instructions

(1) The bidder shall submit its bid proposals prior to the closing date and time identified on the SF 1442, Solicitation, Offer and Award, Block 13A. to the following address:

Via US Mail/ Express Courier or Hand Carried:

922nd Contracting Command Mission & Installation Contracting Command Installation Support Division ATTN: Aaron Davis Bldg. 6923, 38th and Desert Storm Ave.

Fort Campbell, KY 42223

(2) Electronic submissions via email or facsimile will not be accepted. Bids shall be mailed through commercial/Government carrier or hand carried. Failure to provide the bid in hard copy may render the bid nonresponsive and not eligible for award.

(3) Bidders shall send an email notification of bid delivery to the Contract Specialist Mr. Aaron L. Davis at aaron.l.davis30.civ@army.mil and the Contracting Officer, Ms. Rana Y. Steele at rana.y.steele.civ@army.mil 48 hours in advanced prior to hand delivering bids.

(4) Bidders shall provide the documentation identified in paragraph (c) below as part of their bid. The bidder’s failure to include this required information may result in the Government determining the bidder’s submission as non-responsive and ineligible for award.

(c) Bid Format and Content

(1) Standard Form (SF) 1442. Signed and completed SF 1442. The completed SF1442 must contain:

(i) The name, address, telephone number, and email address of the bidder;

(ii) 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 offered at the price set opposite each item;

(iii) The name, title, telephone number, and email address of any individuals authorized to discuss the bidder’s submission with the Government;

(iv) The name, title, and signature of the individual authorized to sign the bid. Bidders 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; and

(v) If the solicitation was amended, bidder acknowledgement of the solicitation amendment(s).

(2) Bid Guarantee. The bidder shall provide a bid guarantee in accordance with FAR 52.228-1.

(3) Representations and Certifications. The bidder shall provide completed Representations and Certifications as required by Section K of this solicitation. If the bidder previously completed applicable items through SAM, the Government will accept copies of completed SAM records in lieu of the bidder completing new Representations and Certifications.

(4) Bid Schedule. The Bidder shall fully complete the Bid Schedule (Attachment 1) of this solicitation as detailed below:

(i) The bidder shall only input unit pricing (Columns E through I) for all contract years in Attachment 1. Unit Prices shall be in whole numbers and no more than two (2) decimal places.

(ii) Bidder unit pricing shall include all direct costs, indirect costs, profit, costs associated with general conditions, mobilization, taxes, performance and payment bonds, and any other costs the bidder may choose to include.

(iii) The bidder shall make no changes to any other information on the Bid Schedule (i.e., descriptions, estimated quantities, unit of issue and estimated amounts) listed in Attachment

1. Once the bidder inputs the individual unit prices all other information for the bid schedule will populate.

(5) Contractor Responsibility. Bidders shall submit a letter from a banker, creditor, or other appropriate financial institution confirming the firm's business and financial reputation, integrity, and ability to execute the contract.

(6) Performance and Payment Bond. Bidders shall provide documentation at the time of the bid submission, with verification from the Surety or Bonding Company, to demonstrate a bonding capability of $10M for a single TO and

$50M aggregate bonding. The corporate bond surety must appear on the Department of Treasury Listing of Approved Sureties (Department Circular 570).

(7) Organization and Execution. The bidder shall provide evidence of possessing the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain. Acceptable evidence can consist 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, and personnel necessary for successful execution of this contract.

(End of Section L)

(End of Summary of Changes)