Amd 02 - W9128F24B0006 BB Road Rehab IDIQ Solicitation.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

The purpose of this amendment is as follow s:

1. Bid due date extended to 4 April 2024 at 2pm (Central Time)

2. Bids shall be sent to CLINT RUSSELL and NADINE CATANIA

3. Updated Bid Sheet provided w ith totals for each ELIN and total bid for all ELINs for all Years.

4. Bids valid timeframe extended to 90 days.

All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 6

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

16C. DATE SIGNED

BY 01-Apr-2024

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 W9128F24B0006

X 9B. DATED (SEE ITEM 11)

28-Feb-2024

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 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

01-Apr-2024

CODE

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

W9128F 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9128F24B0006

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION, CONTRACT LINE ITEM NUMBER (CLIN) SCHEDULE

The required response date/time has changed from 02-Apr-2024 02:00 PM to 04-Apr-2024 02:00 PM.

The offeror acceptance period has increased by 30 from 60 to 90.

SECTION 00 21 00 - INSTRUCTIONS

The following have been modified:

INSTRUCTIONS FOR BIDDERS

1.1 GENERAL BIDDING INFORMATION

Bidders shall submit their bids via email to the following individuals 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:

Nadine Catania, Contracting Officer: nadine.l.catania@usace.army.mil Clint Russell, Contract Specialist: clinton.e.russell@usace.army.mil

Each email shall contain the following information:

a. Solicitation No: W9128F24B0006

b. Bid Due Date and Time: Refer to solicitation and all amendments, as applicable

c. Bid Validity Date: 90 Calendar Days

Bids received after the date and time stated within Block 13 of the SF 1442, 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 a bid, 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 14.406.

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 of emails submitted (i.e. “email 1 of 4”). 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 submissions0 must be received by the bid due date and time specified 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.

1.1.1 INFORMATION TO BE PROVIDED WITH BID

The following information is required to be submitted with each bid:

a. The SF 1442 duly executed (Blocks 14 through 20c) with an original signature by an authorized official. Offeror’s Cage Code is required in Block 14;

b. Attachment A Pricing Schedule (SECTION 00 10 00 – SOLICITATION / CONTRACT FORM);

c. Bid Bond (SF-24); and

d. The complete provisions in SECTION 00 45 00 – Representations and Certifications, as applicable.

1.1.2 BID OPENING

Bidders are advised that there will NOT be a physical bid opening held for this solicitation. The bid opening will be held by telephone via conference call at 3:00 pm on the date bids are due. Due to the requirement that bids be submitted electronically only, the bid opening is scheduled to take place one hour following the bid due date and time in order to allow time to download all bid documents submitted. No hard copy documents will be accepted. Contractors must request the bid opening conference information by 10am (Central Time) on the date bids are due from Clint Russell at clinton.e.russell@usace.army.mil and Nadine Catania at Nadine.L.Catania@usace.army.mil.

1.1.3 INFORMATION FOR MODIFYING BIDS

All bids will be received by email. Should a bid modification need to be submitted, the modified bid shall be sent the same method the original bid was submitted, by email, prior to the date submitted within Block 13 of the SF 1442, or Block 14 of the most recently issued SF 30, as applicable.

1.1.4 ARITHMETIC DISCREPANCIES

Any clerical mistake, to include arithmetic discrepancies in a bid will be handled in accordance with FAR 14.407-2. Any clerical mistake, apparent on its face in the bid, may be corrected by the contracting officer before award, but only after first obtaining from the bidder a verification of the bid intended. The following are examples of mistakes that may be corrected:

(1) Obviously misplaced decimal points;

(2) Discrepancies between unit price and extended price (unit price will govern);

(3) Apparent errors in extension of unit prices;

(4) Apparent errors in addition of lump sum and extended prices.

1.1.5 BASIS FOR AWARD

In accordance with 52.214-19 Contract Award-Sealed Bidding-Construction in Section 00 21 00 (Instructions) the Government will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to Government, considering only price and the price-related factors specified elsewhere in the solicitation. The amount calculated in Attachment A, ELIN Pricing Schedule, total price for all years will be used to determine the bid amount.

1.1.6 BID GUARANTEE

See 52.228-1, Bid Guarantee in Section 00 72 00 (General Conditions). The bid guarantee must be on SF 24 and include a Power of Attorney appointing an attorney-in-fact with authority to bind the surety, so that at the time of bid opening the bond is enforceable against the surety should the bidder fail to meet its obligation. The Power of Attorney must include a Certification as to the authority of the surety’s agents that is supported by a resolution of the surety authorizing their use and committing it to be bound by them.

Electronic signatures and electronic, mechanically-applied, or printed dates may be used and will be considered original signatures and dates, without regard to the order in which they are affixed. A corporate seal is not required on the SF-24.

1.1.7 PERFORMANCE AND PAYMENT BONDS OR ALTERNATE PAYMENT PROTECTION

See 52.228-15 Performance and Payment Bonds-Construction (APR 2020) (DEVIATION 2020-O0016) in Section 00 72 00 (General Conditions). This clause will be applicable to task orders over $150,000.

Performance bond must be on SF-25 and payment bond must be on SF-25A. Electronic signatures and electronic, mechanically-applied, or printed dates may be used and will be considered original signatures and dates, without regard to the order in which they are affixed. A corporate seal is not required on the SF- 25 or SF-25A. See 52.228-13 Alternate Payment Protection in Section 00 72 00 (General Conditions). This clause will be applicable to task orders $150,000 and less.

1.1.8 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

Copies of the solicitation and amendments are available by internet access only. All solicitation documents will be posted to the U.S. General Services Administration website at:

https://sam.gov/

It shall be the contractor’s responsibility to check the websites for any amendments. The offeror shall submit with the offer all requested information specified in the solicitation.

For viewing a list of interested vendors (i.e. planholders list) and receiving notifications or e-mail of changes regarding the solicitation, registration as a vendor must be completed on the SAM website listed above. If you are already registered, enter user name and password to login in and search for the solicitation number. If you wish for general contractors, subcontractors, suppliers, plan rooms, or print shops to have the ability to contact you, click on the “Add me to Interested Vendors” for this solicitation.

1.1.9 REJECTION OF BIDS

Rejection of bids will be handled in accordance with FAR 14.404. Any bid may be rejected if the prices for any line items or subline items are materially unbalanced (see 15.404-1(g)). Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly over or underestimated as indicated by the application of cost or price analysis techniques.

1.1.10 NOTICE REGARDING BUY AMERICAN STATUE

The Buy American statute (41 U.S.C. 83 chapter 83, Buy American) generally requires that only domestic construction material be used in the performance of this contract. Exception from the Buy American statue shall be permitted only in the case of non-availability of domestic construction materials or allowed under Trade Agreements, if included in the solicitation. A bid offering nondomestic construction material will not be accepted unless specifically approved by the Government or allowed under Trade Agreements, if included in the solicitation. When a bidder proposes to furnish nondomestic construction material, the bid must set forth an itemization of the quantity, unit price, and intended use of each item of such nondomestic construction material. When offering nondomestic construction material pursuant to this paragraph, bids may also offer, at stated prices, any available comparable domestic construction material, so as to avoid the possibility that failure of a nondomestic construction material to be acceptable under this paragraph will cause rejection of the entire bid, unless allowed under Trade Agreements, if included in the solicitation. All bidders are cautioned that, prior Government conduct notwithstanding, the Contractor’s selection of a domestic construction material (as defined in FAR 52.225-9 Buy American Construction Materials) which would require the subsequent selection of a foreign construction material for compatibility is not a justification for waiver of the Buy American statue. It is the Contractor’s responsibility to verify, prior to submitting the materials for approval that each system can be built to meet the contract specifications and Buy American statue requirements of the solicitation.

1.1.11 FEDERAL, STATE AND LOCAL TAXES

It is the Contractor’s responsibility to investigate applicable federal, state and local taxes and any specific exemptions that may exist. This includes any applicable Value-Added Taxes (VAT), sales, use, and excise taxes. See 52.229-3 Federal, State, and Local in Section 00 72 00 (General Conditions) for additional information.

1.1.12 TAXES – STATE OF SOUTH DAKOTA

1.1.12.1 EXCISE TAX

There is an excise tax on the total gross receipts of all prime contractors and subcontractors engaged in realty improvement contracts.

1.1.12.2 USE TAX

Government furnished construction material used by the Contractor in the performance of the work is subject to use tax.

1.1.12.3 INFORMATION

The “excise” and “use” taxes shall be included in the price or prices bid. For information concerning the taxes contact http://dor.sd.gov//

1.1.13 BIDDER’S QUESTIONS AND COMMENTS

Questions and/or comments relative to these bidding documents should be submitted via Bidder Inquiry as indicated below.

Questions and/or comments relative to these bidding documents that are proprietary in nature or if the Bidder Inquiry system (see below) is out of service, should be submitted to the individuals below:

Contract Specialist – Clint Russell clinton.e.russell@usace.army.mil

Contracting Officer – Nadine Catania Nadine.L.Catania@usace.army.mil

1.1.13.1 BIDDER INQUIRY

Technical inquiries and questions relating to technical requirements, bidding documents and procedures, or bonds are to be submitted via Bidder Inquiry in ProjNet at (https://www.projnet.org/projnet) no later than 4pm (Central Time) on 21 March 2024, so that they may be given consideration or actions can be taken prior to receipt of bids, such as issuance of an amendment. The Bidder Inquiry system is to be used to ask and receive answers to all non-proprietary questions.

To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below. A prospective vendor who submits a comment/question will receive an acknowledgement of their comment/question via email, followed by an answer to the comment/question after it has been processed by the Government.

All timely questions and approved answers will be made available through ProjNet.

The Solicitation Number is: W9128F24B0006

The Bidder Inquiry Key is: XI36H3-2NN2KG

a. Registration for ProjNet Bidder Inquiry Access

1. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

2. Identify the Agency. This should be marked as USACE.

3. Key. Enter the Bidder Inquiry Key listed above.

4. Email. Enter the email address you would like to use for communication.

5. Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

6. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

7. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

b. Entering Bidder Inquiries in ProjNet Bidder Inquiry System

1. For future access to ProjNet, you will not be emailed any type of password. You will utilize your Secret Question and Secret Answer to log in.

2. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

3. Identify the Agency. This should be marked as USACE.

4. Key. Enter the Bidder Inquiry Key listed above.

5. Email. Enter the email address you used to register previously in ProjNet.

6. Click Continue. A page will then open asking you to enter the answer to your Secret

Question.

7. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

8. Follow online screen instructions to enter specific bidder inquiries for the project.

c. Offerors are requested to review the plans and specifications in their entirety and review the

Bidder Inquiry System for answers to questions prior to submitting a new inquiry.

d. The call center operate weekdays from 8AM to 5PM Central Standard Time Zone (Chicago). The telephone number for the call center is 800-428-HELP.

1.1.14 AVAILABILITY OF BID RESULTS

Bid results will be available after bid opening on the https://www.sam.gov/.

(End of Summary of Changes)