Solicitation Amendment W9127N26BA0040001 SF 30.pdf

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or electronic communication 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 letter or electronic communication, provided each letter or electronic communication 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 NUMBER AS DESCRIBED IN ITEM 14.

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

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, 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.)

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

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C. DATE SIGNED

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

I I I

I I

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SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

Section 00 21 13 - Instructions to Bidders

Miscellaneous text in this section has been modified to:

BIDDER INQUIRIES

All inquiries regarding this solicitation are to be submitted via ProjNetBid at https://www.projnet.org /projnet/. Telephone and email inquiries will not be accepted. ProjNetBid is a webbased program that allows offerors to post questions regarding the solicitation, and to view all questions by other offerors, and answers by the U.S. Army Corps of Engineers.

No response will be posted to inquiries after the Close of Business on the seventh business day preceding the solicitation due date. All bidders will be held to have reviewed the questions and responses in ProjNet -Bid prior to bid submission.

The Bidder Inquiry Key for this solicitation is: ABCGRC-TGPBHA

NEED NEW KEY

To access the ProjNetBid website the first time:

1) Register.

2) Click Quick Add Key. (The Agency is USACE.)

3) Enter the following information for access:

The Bidder Inquiry Key for this solicitation Valid business contact information

Submit questions or review questions and answers. When an answer is posted to a question, the question and answer is then available for all other bidders to review.

For questions about the ProjNetBid, access the help tab on the ProjNet website.

BID SUBMISSION

A. Administrative Details and General Instructions.

1) General Bid Format. Submit bid documentation in Adobe Acrobat PDF format (filename extension " .

pdf'), suitable for viewing in Adobe Reader. HARD COPY/PAPER PROPOSAL SUBMISSIONS WILL NOT BE CONSIDERED. Bidders shall bookmark and label each electronic PDF to afford easy identification from the bid table of contents.

W9127N26BA0040001

2) Title Page. The title page must include the bidder's name and address, phone number and email address, title of the solicitation, solicitation number, and date of submittal.

3) Table of Contents. The proposal shall contain a detailed table of contents.

4) Font, Page Size, and Margins. Pages containing text are expected to be 8 1/2 x 11 inches with at least one-inch margins at the top, bottom, and both sides. Paragraphs should be separated by at least one blank line. A standard 12-point font in either Arial or Times New Roman is required.

5) English Language Requirement. In order for a bid to be considered it MUST be prepared in ENGLISH. Proprietary information must be clearly marked.

B. Submission of Bids

1) Pricing information/1442

2) Bid bond

3) Subcontracting plan if large business

4) Project Labor Agreement

Bidders shall submit their bids via email to the following individuals by no later than the date and time established in Block 13 of the Standard Form (SF) 1442, or Block 14 of the most recently issued SF 30 as applicable:

Nicole Adams, Contracting Officer nicole.a.adams@usace.army.mil

Andrew J. Sprys Contract Specialist

Andrew.J.Sprys@usace.army.mil

Each email shall contain the following information:

Solicitation No. W9127N26BA004

Bid Due Date and Time: See Block 13 of the SF1442, or Block 14 of the most recently issued SF 30 as applicable

Bid Validity Date: 60 days from the bid due date.

Bids received after the date and time stated within Block 13 of the SF1442, or Block 14 of the most recently issued SF 30 as applicable, will be considered late and will not be considered for award. To avoid rejection of an offer, the offeror must make every effort to ensure its electronic submission is virus free. Bids, or portions thereof, submitted with the presence of a virus or which are otherwise unreadable will be treated as unreadable pursuant to FAR 15.207(c). Bidders should enter a description for every file submitted. For files over 20 megabytes (MB) the bidders shall break the file into smaller files sent via separate emails with each email marked to identify which number the email is relative to the total number

W9127N26BA0040001

of emails submitted (i.e. "email one of four"). Once all of the emails submitted have been received the Government will confirm receipt via responsive email. If a bidder submits multiple bids the Government will only consider the last bid submitted prior to the bid due date and time.

Do not assume submission will be instantaneous. File size and number of files submitted shall be considered. Bidder/Teammate/Subcontractors should allow adequate time for submission completion because the entire bid (i.e. bidders' submission and all teammate/subcontractor(s) independent submissions) must be received by the bid due date and time specified in Block 13 of SF 1442, or SF 30 as applicable.

Electronic submission of bids satisfies the requirement set forth in Block 13A of the SF 1442 (' . ..

in original and_ copies ... "). Additionally, electronic submission of the bid guarantee, when a bid guarantee is required, is due with the bid submission. Mailing a bid guarantee for submission is not allowed.

BID OPENING

No hard copy documents are allowed to be submitted at the bid opening. Due to the requirement that bids be submitted electronically only, bid opening is scheduled for one hour following the bid due date and time to allow the Contracting Office time to download all bid documents.

The bid opening will be held telephonically at 2:00 pm on the date bids are due. Offerors wishing to participate in the telephonic bid opening shall email a list of their participants to Andrew Sprys at Andrew.J.Sprys@usace.army.mil and Nicole Adams at nicole.a.adams@usace.army.mil

In the email subject line use title, "W9127N26BA004 Mount Saint Helens Sediment Retention Structure Crest Raise Bid Opening". The telephone number and security passcode for offerors to utilize will be provided via return email to the offerors initial email including the list of its participants. There will be no physical bid opening held at the Portland District, therefore, offerors are advised that they shall not plan to attend a bid opening in person on the day of bid opening

SPECIAL CONTRACT REQUIREMENTS

1) FAR provision 52.229-11 and FAR clause 52.229-12

FAR provision 52.229-11 and FAR clause 52.229-12 are included in this solicitation. This provision and clause concern the imposition of a 2 percent Federal excise tax withholding on any resultant contract award or payment request. This rule applies to Federal Government contracts for goods or services that are awarded to foreign persons - such as foreign contractors. It implements the Department of the Treasury's final regulations published in the Federal Register at 81 FR 55133 on August 18, 2016, under section 5000C of the Internal Revenue Code relating to the 2 percent tax on payments made by the U.S.

Government to foreign persons pursuant to certain contracts.

Pursuant to the FAR 52.229-3 Federal, State, and Local Taxes, taxes imposed under 26 U.S.C. 5000 C may not be included in the contract price or reimbursed.

Exemptions from this excise tax must be claimed by an Offeror when it submits, with its offer, a U.S.

Department of Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/W14. If not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent on each contract payment. Failure to submit an IRS Form W-14 with each payment request will also result in an automatic withholding of 2 percent from the payment request.

When filling out the IRS Form W-14 the following information may be used to complete Part I, Lines 6 and 7.

Line 6 Contract/reference number: W9127N26BA004

Line 7 "Name and address of the acquiring agency":

USACE Portland District

333 SW First Avenue

Portland, Oregon 97204-3440

503-808-4616

Any exemption claimed and self-certified is subject to audit by the IRS. Any disputes concerning this tax are adjudicated by the IRS because the Section 5000C tax is a tax matter not a contract issue.

Offerors are encouraged to seek guidance from their own tax professionals for advice concerning the provision, clause, and exclusions exclusion/submission of IRS Form W-14. Additional information is also available at:

Notwithstanding the above, the USACE does not have a means of withholding this excise tax at this time.

As a result, contractors are expected to comply with the instructions above and to properly complete and return the W-14 at proposal submission, and with each pay application. The amount due for each withholding will be confirmed by USACE, BUT WILL NOT BE WITHHELD. It is the contractor's responsibility to set aside, or remit to the IRS, the amount confirmed by USACE. Whether the contractor sets the money aside for future payment to the IRS, or makes payment to the IRS, is the contractor's discretion, based on its analysis of the regulations regarding the excise tax. In the event that USACE is able to withhold during contract performance, it will notify the contractor and make such a withholding (including any catch up withholdings); no advance notice is required to the contractor prior to the withholding. Under no circumstances is USACE liable for any tax not paid by the contractor. The contractor is liable for the tax, to the extent required by law, regardless of whether USACE makes a withholding.

FAR 29.204 expressly states that "[a]gencies merely withhold the tax (section 5000C tax) for the Internal Revenue Service (IRS). All substantive issues regarding the underlying section 5000C tax, e.g., the imposition of, and exemption from the tax, are matters under the jurisdiction of the IRS." Therefore, we cannot help you determine how the tax law applies to you. We strongly recommend that you contact the IRS and/or a tax professional should you have any questions of this nature. To be clear, this information does not constitute tax advice or a representation of your tax liability. Furnishing this information does not create liability for the USACE for any Federal, state, or local taxes applicable to the above-referenced contract or any other contract.

For submission requirements and basis of evaluation:

Executed FAR Provision 52.229-11.

Completed IRS Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, if applicable. If not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent on each payment.

NOTICE TO LARGE BUSINESS FIRMS

Please see FAR Clauses 52.219-8, "Utilization of Small Business Concerns (SEP 2023)" and 52.219-9, "Small Business Subcontracting Plan (SEP 2023)." Large business concerns submitting offers of $750,000 or more for supplies or services or $1,500,000 for construction are required to submit a subcontracting plan upon request by the Contracting Officer. The plan must express goals in terms of percentages of total planned subcontracting dollars and must be comparable to the dollar commitments in the small business participation plan, if applicable.

DEFINITIONS:

Subcontract means any agreement (other than one involving an employer-employee relationship) entered into by a Government prime contractor or subcontractor calling for supplies and/or services required for performance of the contract, contract modification, or subcontract.

Small Business Concern means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria and size standards in FAR 19.102. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged.

Floor is the term the U.S. Army Corps of Engineers uses to replace goal. It represents the minimum level for small business performance.

Electronic Subcontracting Reporting System (eSRS) means the Government wide, electronic, web-based system for small business subcontracting program reporting. The eSRS is located at http://www.esrs.gov.

The following floors are considered reasonable and achievable during the performance of the contract resulting from this solicitation and are included for information purposes. Final floors will be reviewed prior to contract award, and the subcontracting plan will then become a material part of the contract.

a. 5% of the total subcontracted dollar value will be placed with all small business concerns. For the purpose of this subcontracting plan, Small Disadvantaged Business (SDB), Women-owned Small Business (WOSB), HUBZone Small Business, Veteran-owned Small Business, and Service Disabled Veteran-owned Small Business concerns are subsets of small business concerns.

b. 1% of the total subcontracted contract dollar value will be placed with small disadvantaged business concerns or Historically Black Colleges and Universities or Minority Institutions. To be considered a small disadvantaged business concern, business must be certified by the Small Business Administration in addition to meeting the definition under FAR Clause 52.219-8(c)(3).

c. 1% of the total subcontracted contract dollar value will be placed with small women-owned business concerns. Women-owned business concerns may meet the definition of a small disadvantaged business. If so, it will also be considered a subset of a small disadvantaged business concern.

d. 1% of the total subcontracted contract dollar value will be placed with HUBZone small business concerns. To be considered a HUBZone small business concern, business must be certified by the U.

S. Small Business Administration in addition to meeting the definition under FAR Clause 52.219-8(c) (3).

e. 3% of the total subcontracted dollar value will be placed with Veteran-owned small business concerns.

f. 1% of the total subcontracted dollar value will be placed with Service Disabled Veteran-owned small business concerns.

Floors included in any proposed plan should be at least equal to the recommended floors. If lesser floors are proposed, include an explanation for how those floors and the overall plan represent best efforts to comply with the policy outlined in the contract clauses.

The proposed subcontracting plan must address how the offeror will maximize subcontracting opportunities within the small business communities of the project location. Demonstrated outreach efforts through conference attendance, use of SAM.gov, and corporate support of the Small Business Program Liaison Officer and Small Business Program must be addressed in the proposed subcontracting plan.

Subcontracting plans will be evaluated using Appendix DD to the Army Federal Acquisition Regulation Supplement (AFARS) 5119.705-4(d) to determine the offeror's ability to carry out the terms and conditions set forth in the contract clauses. If discussions during this review raise doubts regarding intentions or ability to comply with contractual obligations, it could result in disqualification for award.

Failure to receive a subcontracting plan rating of Acceptable could jeopardize the offeror's selection for contract award.

KO CONTRACTING DIVISION, 333 SW FIRST AVE

PORTLAND, OR 97204-3495

UNITED STATES

ANDREW SPRYS, EMAIL: ANDREW.J.SPRYS@USACE.ARMY.MIL TELEPHONE: (503) 808-4616

AdminBy:

SCD: PAS: