W9128F24R0056_49M SB ERS EAST SATOC_Amendment SUMMARY 0002_10.07.24.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 to revise Section L in response to bidder inquiries and any applicable clauses updated as of date of amendment.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 24

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

16C. DATE SIGNED

BY 07-Oct-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 W9128F24R0056

X 9B. DATED (SEE ITEM 11)

30-Aug-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 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

07-Oct-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:

W9128F24R0056

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION I - CONTRACT CLAUSES

The following have been added by reference:

52.215-11 (Dev) Price Reduction for Defective Certified Cost or Pricing Data--

Modifications (DEVIATION 2022-O0001)

OCT 2021

52.223-2 Reporting of Biobased Products Under Service and Construction Contracts.

MAY 2024

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

MAY 2024

252.225-7004 Report of Intended Performance Outside the United States and Canada--Submission After Award

JUL 2024

The following have been added by full text:

52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS--PROHIBITION (DEC

2023)

(a) Definitions. As used in this clause--

Covered article, as defined in 41 U.S.C. 4713(k), means--

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following--

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency--

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or provided by a source. This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

(b) Prohibition.

(1) Unless an applicable waiver has been issued by the issuing official, Contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA orders as follows:

(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.

(ii) For all other solicitations and contracts DHS FASCSA orders apply.

(2) The Contractor shall search for the phrase "FASCSA order" in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1).

(3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract.

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 4.2304(c)). However, see paragraph (c) of this clause.

(5)(i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor shall disclose the following:

(A) Name of the product or service provided to the Government;

(B) Name of the covered article or source subject to a FASCSA order;

(C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service to the Offeror;

(D) Brand;

(E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(F) Item description;

(G) Reason why the applicable covered article or the product or service is being provided or used;

(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and to instead pursue other appropriate action.

(c) Notice and reporting requirement. (1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause.

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance.

(3)(i) The Contractor shall submit a report to the contracting office as identified in paragraph (c)(3)(ii) of this clause, if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s) identified in paragraph (b) of this clause, or a new FASCSA order identified in paragraph (c)(2) of this clause. For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.

(ii) If a report is required to be submitted to a contracting office under (c)(3)(i) of this clause, the Contractor shall submit the report as follows:

(A) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.

(B) For all other contracting offices, the Contractor shall report to the Contracting Officer.

(4) The Contractor shall report the following information for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order, pursuant to paragraph (c)(3)(i) of this clause:

(i) Within 3 business days from the date of such identification or notification:

(A) Contract number;

(B) Order number(s), if applicable;

(C) Name of the product or service provided to the Government or used during performance of the contract;

(D) Name of the covered article or source subject to a FASCSA order;

(E) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Contractor;

(F) Brand;

(G) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(H) Item description; and

(I) Any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (c)(4)(i) of this clause:

(A) Any further available information about mitigation actions undertaken or recommended.

(B) In addition, the Contractor shall describe the efforts it undertook to prevent submission or use of the covered article or the product or service produced or provided by a source subject to an applicable FASCSA order, and any additional efforts that will be incorporated to prevent future submission or use of the covered article or the product or service produced or provided by a source that is subject to an applicable FASCSA order.

(d) Removal. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any product or service produced or provided by a source that is subject to an applicable FASCSA order.

(e) Subcontracts. (1) The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (c)(1) of this clause, in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products and commercial services.

(2) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the contract and any subcontracts and other contractual instruments under the contract. The Contractor or higher-tier subcontractor shall notify their subcontractors, and suppliers under other contractual instruments, that the FASCSA orders in the solicitation that are not in SAM apply to the contract and all subcontracts.

(End of clause)

The following have been deleted:

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-30 Federal Acquisition Supply Chain Security Act Orders-- Prohibition.

DEC 2023

52.215-11 (Dev) Price Reduction for Defective Certified Cost or Pricing Data-- Modifications (DEVIATION 2022-O0001)

OCT 2021

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7001 Buy American and Balance of Payments Program FEB 2024

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

The following have been added by reference:

52.203-11 Certification and Disclosure Regarding Payments to Influence

Certain Federal Transactions

SEP 2024

52.204-8 Annual Representations and Certifications MAY 2024

The following have been added by full text:

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2024)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 562910.

(2) The small business size standard is 1,000 Employees.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

[ ] Paragraph (d) applies.

[ ] Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of biobased products in USDA-designated product categories; or include the clause at 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.)

This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies.

(C) If the acquisition value is $100,000 or more but is less than $102,280, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

52.204-20 Predecessor of Offeror (AUG 2020)

(a) Definitions. As used in this provision--

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

(End of provision)

The following have been deleted:

52.204-8 Annual Representations and Certifications FEB 2024

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

The following have been modified:

INSTRUCTIONS TO OFFERORS

SECTION L- INSTRUCTIONS TO OFFERORS (AM 0002)

1. General Information:

1.1 Proposals submitted must be sufficiently detailed to allow for an effective and equitable evaluation by the

Government. There will be no public opening of the proposals received as a result of this solicitation. Proposals submitted will become, upon receipt, the property of the U.S. Government and will not be returned. After evaluation of proposals, electronic copies will be retained for the official paperless contract file. All other copies will be destroyed or forwarded to the Field and Areas Offices in support of their contract administration functions.

1.2 There are no contract drawings associated with this Request for Proposal Solicitation (AM 0001). Copies of the solicitation are available by INTERNET ACCESS ONLY. All solicitation documents will be posted through SAM.gov.

1.3 To ensure timely and equitable evaluation of proposals, Offerors must follow the instructions contained herein.

Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, and those identified as evaluation factors. The Offeror shall submit in the proposal all requested information specified in this section of the RFP solicitation no later than the exact date and time specified. Failure to meet any requirement may result in an offer being ineligible for award.

1.4 The Contracting Officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the Contracting Officer will review this determination and if, in the Contracting Officer's opinion, adequate price competition exists, no additional cost information will be requested and certification under FAR 15.406-2 will not be required. However, if at any time during this competition, the Contracting Officer determines that adequate price competition no longer exists; offerors may be required to submit information to the extent necessary for the Contracting Officer to determine the reasonableness and affordability of the price.

1.5 North American Industry Classification System (NAICS) code Small Business Size Standard. The NAICS code for this acquisition is 562910. The small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 1000 employees (13 CFR Part 121, effective 17 March 2023).

1.6 Bidder Inquiry. Technical inquiries and questions relating to technical requirements, proposal procedures, etc.

are to be submitted via Bidder Inquiry in ProjNet (https://www.projnet.org/projnet/) no later than ten (10) calendar days prior to the date set for receiving proposals, in order that they may be given consideration and actions are taken prior to receipt of offers. 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 our technical team.

Project ID: W9128F24R0056 Project Name: (W9128F24R0056) SB ERS (EAST) SATOC – Sol.

Quick Add Key: Q5I6NR-7QSW48

A. Registration for ProjNet Bidder Inquiry Access

If you are already registered, go to Entering Bidder Inquiries in ProjNet Bidder Inquiry System (“B,” below).

a) From the ProjNet home page link above, click on Quick Add on the upper right side of the screen.

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

• Key. Enter the Bidder Inquiry Key listed above.

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

b) 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.

c) 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 Secret Answer as they will be used from this point on to access the ProjNet system.

d) Click Add User. You are now registered within ProjNet and are logged into the system.

B. Entering Bidder Inquiries in ProjNet Bidder Inquiry System

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.

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

b) Identify the Agency. This should be marked as USACE.

c) Key. Enter the Bidder Inquiry Key listed above.

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

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

f) Enter your Secret Answer and click Login. Once this is completed you will be logged into the system.

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

C. Prior to submitting a new inquiry, Offerors are requested to review the solicitation in its entirety, and to review any and all existing inquiries and Government responses.

D. The Projnet 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.

1.7 Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals.

1.8 If an Offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the Offeror shall immediately notify the Contracting Division in writing (email is the preferred method) with supporting rationale. The Offeror is reminded that the Government intends to award the resulting contract based on the initial proposal, as received, without discussions.

1.9 Other Information Required: Provide the name, title and telephone number of the company/division point of contact regarding decisions made with respect to your proposal and who can obligate your company contractually.

Also, identify those individuals authorized to negotiate with the Government.

2. Specific Proposal Instructions

2.1 Proposal Expenses and Pre-contract Costs.

This solicitation does not commit the Government to pay any costs incurred in the preparation and submission of a proposal or for any other costs incurred by any firm submitting a proposal in response to this solicitation. The Government also will not be responsible for costs associated with preparing proposals for individual task orders. Finally, the Government will not pay for or subsidize any costs incurred for attendance at the pre-proposal conference or site visits for task orders. Note specifically that the Offeror will not be participating in a sealed bid procurement process under this acquisition method. Issuance of this solicitation does not constitute an award commitment on the part of the Government.

2.2 Discussions.

The Government reserves the right to discuss aspects of proposals with Offerors in the competitive range, which may be limited for efficiency (FAR Part 15.306(c)(2)), and to award a contract to other than the Offeror submitting the lowest-priced offer. Offerors are advised that the Government intends to award without discussions, clarifications or any contact concerning the proposals received (FAR Part 15.306(a)(2)). Therefore, proposals should be submitted initially on the most favorable terms from a price and technical standpoint. Do not assume that Offerors will be contacted or afforded an opportunity to clarify, discuss or revise their proposals.

2.3 Accuracy.

Proposals must set forth full, accurate, and complete information as required by this RFP solicitation (AM 0001), (including attachments). The penalty for making false statements is prescribed in 18 U.S.C. 1001.

2.4 Proposal Submittal Instructions.

The offeror shall submit one (1) electronic version of Volumes I and II through email in accordance with the instructions provided below, in separate files at the time/date and location for acceptance of proposals as identified in Block 9 of the Standard 33 or as provided in the SF30 amendment (if proposal due date and time was extended). All electronic submissions shall be in Adobe PDF format with Optical Character Recognition (OCR) applied to all documents that will enable word searches to be conducted using Adobe-compatible PDF software. The two (2) volumes listed below shall be submitted as separate and individual files.

Table 1 –Submittals

Title the single files in the following format:

Volume I: Technical Proposal and Past Performance Information

Volume II: Cost Price (AM 0001) Information and Representations, Certifications, and Other Statements of Offerors

W9128F24R0056_ Company Name_Volume_I_Technical_Proposal W9128F24R0056_ Company Name_Volume_II_Cost Price (AM 0001)and_Contract_Information *Note: Company Name may be abbreviated The following individuals are available to provide information if there are questions concerning delivery instructions of the proposal:

Ms. Michelle Alcover, michelle.m.alcover@usace.army.mil 402-995-2786

Mr. Tyler Hegge, tyler.hegge@usace.army.mil 402-995-2048

INSTRUCTIONS FOR SUBMITTING ELECTRONIC PROPOSALS:

Offerors should submit their proposals directly to the Contract Specialist and the Contracting Officer by using the following link https://piee.eb.mil/ Procurement Integrated Enterprise Environment (PIEE) (eb.mil)

Please ensure you have registered for an account within PIEE and have knowledge using the system.

For the purposes of determining whether the proposal was received “late” in accordance with FAR 15.208, the date and time the file(s) are received via PIEE will be the time and date the Government received the proposal. Do not assume that electronic communication is instantaneous. Please make allowances for delays in transmittal. The Government is not responsible for proposals delivered to any location or to anyone other than those designated to receive proposals on its behalf. The Offeror is responsible for ensuring that the proposal is submitted so as to reach the designated recipient and is responsible for allowing sufficient time for the proposal to be received in accordance with the information provided. Failure to submit a complete proposal in accordance with instructions and requirements may result in the entire offer being rejected.

In an effort to reduce paperwork and cost, all proposals shall be submitted electronically to PIEE link listed above.

Submission shall be in Adobe PDF format. Offerors may use compression utility software such as WinZip or PKZip to reduce file size and facilitate transmission.

2.6 Proposal Characteristics.

2.6.1 Each volume shall contain a table of contents and Title pages, Table of contents, Executive Summaries, and Acronym Lists may be included in the proposal (no page limitations). All pages of each factor shall be sequentially numbered. all pages of each factor shall be sequentially numbered. (AM 0001) Submit the SF 33, completed and signed by a person authorized by the Offeror.

2.6.2 Offeror shall submit a one page cover letter with Volume II (AM 0001) containing:

Solicitation number, W9128F24R0056 Name, title, address, email, and telephone number of Offeror.

Names, titles, emails, and telephone numbers of persons authorized to negotiate on the Offeror’s behalf with the Government in connection with this RFP solicitation (AM 0001).

Name, title and signature of the person authorized to sign the proposal.

A statement specifying agreement with all terms, conditions and provisions included in the RFP solicitation

(AM 0001).

2.6.3 For the Contractor Team Arrangements including Joint Ventures, submit the information required in Section L, paragraph 5.5.1, “Contractor Teaming Arrangements”

2.6.4 Offerors shall submit acknowledgement of all amendments to the RFP solicitation (AM 0001)with the proposal submittal.

3.0 Proposal Format

3.1 Basic Proposal Information.

All proposals shall contain the information listed below and as required by this solicitation and be submitted as outlined in Table 2 – Proposal Format of this section (AM 0001) into severable volumes with a coversheet displaying the RFP solicitation (AM 0001) number, contractor name, and an index of the sections of each volume.

Proposal clarity, organization and the overall page limitation are required. The entire proposal shall be limited to the maximum number of pages identified in Table 2. The volumes shall include the following:

3.1.1 Solicitation number and volume number on the first page of each electronic file.

3.1.2 The prime, consortium, or joint venture’s name, address, telephone number, and e-mail address shall appear in the lower left corner of the proposal cover, title page and table of contents of any document/volume to be evaluated.

3.1.3 The name, title, and signature of the official that can bind the firm shall appear on the title page. The CAGE code, UEI and Tax ID number is also required.

3.1.4 Proposal volume cover format is at the proposer’s discretion as long as the information required by this paragraph and subsequent paragraphs is met.

3.1.5 Table of contents and a cross-reference to the solicitation paragraphs. Offerors shall include a cross reference table showing where solicitation requirements can be found in their proposal.

3.1.6 List of tables/figures/acronyms.

3.1.7 Page number. Pages for each factor should be separately and sequentially numbered (ie., first page submitted for evaluation of each factor should be “Volume 1- Factor #- Page 1”). The same format shall be followed for Factors 2 and 3.

3.2 Proposal Requirements

Table 2 - Proposal Format -- Volume I: Technical Proposal and Past Performance

Volume I – Technical Proposal and Past Performance Information (Factors listed in descending order of importance)

EVALUATION

FACTOR

LOCATION

TITLE

PAGE LIMITATION

1 TAB 1 Past Performance (Confidence Assessment of Previous Projects)

Offeror’s past project example summaries: 2 pages per project. Total page count shall not exceed 6 pages.

CPARS and PPQ documentation for past project examples: No page limit.

List of other relevant CPARS entries: 1 page. (AM 0001)

Disclosure of Termination of Default, Notice of Violations, and/or OSHA Violation -Explanation of violation and correction action(s): 1 page.

2 TAB 2 Organizational

Structure/Management Approach (AM 0001)

Organizational Chart/Technical Management (AM 0001) Approach

The organization chart shall not exceed two (2) (AM 0001) pages.

The narrative of the Offeror’s organizational structure shall not exceed 5 7 (AM 0001) pages.

3 TAB 3 Resumes of Key Management Personnel for this Contract

Maximum of 2 pages per key management person. Total page count shall not exceed 10 pages. The key management personnel are as follows:

Program Manager (Resume #1) Program Chemist (Resume #2) Contractor Quality Control

Supervisor (Resume #3) Safety and Health Manager (Resume

#4) Senior Contracts Manager (Resume

#5) (AM 0001)

Note: Excess pages will not be read or considered in the evaluation of the proposal.

The volumes are limited to single-spaced typewritten pages using no smaller than 10-point proportional font (Times New Roman) or equivalent as the "normal" size standards. No “condensed” fonts shall be utilized. All text shall be legible and easily read. Font size in tables, charts, graphs and figures shall be no smaller than 10-pt, regardless of font used. Pages are per factor, for example, an Offeror may not reduce the page count for one factor in order to submit additional pages for another factor.

3.3. Page Size: Unless otherwise stated, a “page” is defined as being one side of an 8.5” x 11” sheet of paper.

Margins on all four edges of each sheet shall be at least one-half (0.5) inch regardless of paper size. Margins shall be free and clear of any text except for proprietary statements, security markings and page numbers which may fall within the defined margin area. RFP solicitation (AM 0001) number and company name of Offeror may also be included within the margins. Legible tables, charts, graphs and figures shall be used wherever practical to depict organizations, systems and layouts, implementation schedules, plans, etc. If an offeror utilizes an 11”x 17” page, it shall count and be numbered as two (2) pages.

4.0. Volume Content. Proposals submitted in response to this RFP solicitation (AM 0001) shall consist of the contents required in the subparagraphs described below:

4.1. Volume 1, Factor 1 – Past Performance (Confidence Assessment of Previous Projects).

4.1.1. A project is defined as: Work performed pursuant to one specific task order of an indefinite delivery/indefinite quantity (IDIQ) type contract or a single stand-alone “C” type contract which has one specific past performance evaluation in CPARS or via completion of a PPQ. Multiple ID/IQ task orders combined together does not meet the definition of a “project.” An ID/IQ type contract or the performance of work pursuant to multiple task orders of an ID/IQ type contract does not represent a "project" within this definition. If the offeror provides a specific task order as its "project," it shall provide the base contract number and the task order number for reference purposes. If the offeror provides a single stand-alone “C” type contract as its "project," it shall provide the contract number for reference purposes. Projects must have been completed within the last five (5) years from the initial proposal due date or be 90% financially complete from the initial proposal due date.

The Offeror shall submit a CPARS rating if it is available for the project. If a CPARS rating is not available, a Past Performance Questionnaire (PPQ) is also acceptable. CPARS/CCASS Ratings will be given more weight than PPQs. Previously completed PPQs are acceptable. Do not submit PPQs for projects evaluated via CPARS or CCASS. In the event an Offeror submits a PPQ for a project for which a CPARS evaluation is available, the CPARS evaluation will be considered authoritative. (AM 0001)

For each project, the Offeror shall include: Project # - Title, Contract, and task order number, as applicable, a client point of contact including email and telephone number. Common aspects of relevancy include similarity of services/support, complexity, dollar value, contract type, work for federal or nonfederal clients, and degree of subcontracting/teaming. With respect to relevancy, more relevant past performance will typically be a stronger predictor of future success and have more influence on the past performance confidence assessment than past performance of less relevance. (AM 0001)

4.1.2. Presentation of Previous Experience: The Offeror shall submit three (3) examples of completed projects which demonstrate relatable remedial activity experience as described in Section C of this RFP solicitation (AM 0001).

The projects selected should show diversity in the types of work accomplished by the firm to accomplish the work identified in Section C of this RFP solicitation (AM 0001), including, but not limited to, demonstrated experience using teaming partners that will be a part of the contract resulting from this RFP solicitation (AM 0001); demonstrated experience using the offeror’s key personnel that will be directly involved in the contract resulting from this RFP solicitation (AM 0001), including their role(s) on the previous experience project(s); and demonstrated experience in remedial activity (AM 0001) projects, including significant and complex projects with an explanation why the project(s) are considered complex. The Offeror shall also provide the dollar value of the project, any regulatory oversight, and any distinctive and/or unique features of the project.

Projects which include, but are not limited to, architectural-engineering (A-E) design (AM 0001) services and Advisory and Assistance Services (AAS) support services (AM 0001) are not considered relevant to the Section C, Performance Work Statement.

The Offeror may include both federal government and commercial work. The Offeror must have been the Prime Contractor or Joint Venture partner on the project. The Offeror shall also describe its primary role/duties in execution of the work (for example, the major components of the project which were completed by the prime’s staff/personnel and major components which were subcontracted out).

Project #1 Remedial Action Construction ERS Project (AM0001). The Remedial Action ERS (AM 0001) project shall each have a minimum contract value equal to or greater than $4,000,000 executed by the Offeror with successful outcomes. The projects shall demonstrate the successful performance of a remedial action construction non-MMRP (AM 0001) project executed under CERCLA or RCRA authorities.

Project #2 MMRP Project. The MMRP project shall demonstrate the Offeror’s capability to successfully perform a complex MMRP project of the type described in Section C of this RFP solicitation (AM 0001).

Project #3 ERS Project. The selected ERS project shall demonstrate the Offeror’s capability to successfully perform a complex ERS project of the type described in Section C of this RFP projects of the type described in the Description of Work and Scope of Work in Section C of this solicitation as a…