A22_W912EE24B0002 Amendment 0006.pdf

W912EE24B0002

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

Reference Solicitation No. W912EE24B0002 - Paradise Lake Closure;

SEE CONTINUATION PAGE FOR CHANGES.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 7

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

16C. DATE SIGNED

BY 28-Nov-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 W912EE24B0002

X 9B. DATED (SEE ITEM 11)

23-Oct-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 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 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

28-Nov-2023

CODE

VICKSBURG CONTRACTING OFFICE

4155 CLAY ST

VICKSBURG MS 39183-3435

W912EE 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00010 - SOLICITATION CONTRACT FORM

The following have been modified:

NOTES SECTION

(A) THIS PROCUREMENT IS A TOTAL SMALL BUSINESS SET-ASIDE UNDER NAICS CODE 237990

WITH A SMALL BUSINESS SIZE STANDARD OF $45,000,000.00.

Reference Limitations on Subcontracting FAR 52.219-14. This procurement is 100% Total Small Business Set- Aside under NACIS Code 237990 . The awardee of this contract shall comply with all requirements up to and including the following:

Services (except construction): Contractor will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

Supplies (other than procurement from a nonmanufacturer of such supplies): Contractor will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract.

General construction: Contractor will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded.

Construction by special trade contractors: Contractor will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

Upon the Contracting Officer’s request, the Contractor shall submit a report to the Contracting Officer documenting compliance with FAR 52.2l9-l4. If the Contractor is using Similarly Situated Entities, it must be clearly identifiable in the submitted reports. If the required percentage is not being met the Contractor shall also include, with the semiannual report, a plan to meet the required percentage before the contract end date.

The below calculation for FAR 52.219-14 is for example only and not representative of this solicitation or any contract that may be awarded as a result of this solicitation.

1. Total value of contract award = $5,000,000.00

2. Cost of materials = $3,000,000.00

3. Adjusted amount (contract award value less cost of materials): $2,000,000.00 ($5,000,000.00 - $3,000,000.00)

Revised by Amendment 0006

4. 85% of $2,000,000.00 may be paid to non-similarly situated entities ($1,700,000.00)

5. 15% of $2,000,000.00 must be paid to a similarity situated entity ($300,000.00)

What is similarly situated and what does it mean for the prime?

i. 1st tier subcontractor that has the same small business program status of the qualified prime contractor (i.e. HUBZone prime contractor, any HUBZone subcontractor is similarly situated).

ii. Any 1st tier subcontracts to similarly situated entities can count towards the prime contractor’s self-performance requirements.

iii. Example: HUBZone Set-Aside Contract, 1st Tier is a HUBZone Small Business subcontractor. This meets the similarly situated requirement and the work performed by the HUBZone subcontractor will count towards the HUBZone prime contractor’s self-performance requirement.

iv. Example: SDVOSB Set Aside Contract, 1st Tier is a WOSB subcontractor only, this does not meet the “similarly situated” requirement and the WOSB subcontractor performance does not count towards the SDVOSB prime contractor’s self-performance requirement.

Partnering With Us, https://www.usace.army.mil/Business-With-Us/Partnering/, in all solicitation notices posted at the Governmentwide point of entry for construction contracts anticipated to be awarded to a small business pursuant to FAR Part 19 to be in compliance with FAR 36.211(b).

(B) THIS SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA AS A PRECONDITION

TO AWARD (SEE DETERMINATION OF RESPONSIBILITY REQUIREMENTS PAGE BELOW).

(C) ALL TECHNICAL INQUIRIES AND QUESTIONS RELATING TO THIS SOLICITATION ARE TO BE

SUBMITTED VIA BIDDER INQUIRY IN PROJECT AT HTTPS://WWW.PROJNET.ORG/PROJECT. SEE

SNTB PAGE ENTITLE “TECHNICAL INQUIRIES AND QUESTIONS”

(D) BIDDERS SHALL FURNISH UNIT PRICES FOR ALL ITEMS LISTED ON THE SCHEDULE OF BID ITEMS WHICH REQUIRE UNIT PRICES. IF THE BIDDER FAILS TO INSERT A UNIT PRICE IN THE

APPROPRIATE BLANK FOR REQUIRED ITEMS BUT DOES FURNISH AN EXTENDED TOTAL OR AN

ESTIMATED AMOUNT FOR SUCH ITEMS, THE GOVERNMENT WILL DEEM ITS UNIT PRICE TO BE

THE QUOTIENT OBTAINED BY DIVIDING THE EXTENDED ESTIMATED AMOUNT FOR THAT LINE

ITEM BY THE QUANTITY. IF THE BIDDER OMITS BOTH THE UNIT PRICE AND THE EXTENDED

ESTIMATED AMOUNT FOR ANY ITEM, ITS BID WILL BE DECLARED NONRESPONSIVE.

(E) ALL QUANTITIES SHOWN ON THE BIDDING SCHEDULE ARE ESTIMATED QUANTITIES AND ARE

PROVIDED ONLY AS A BASIS TO ESTABLISH UNIT PRICES FOR THE CONTRACT LINE ITEMS.

ACTUAL QUANTITIES REQUIRED WILL VARY BASED UPON THE ACTUAL WORK REQUIRED, AND

AS DETERMINED IN THE FIELD. IT IS EXPRESSLY UNDERSTOOD THAT THE ACCURACY OF ANY

ESTIMATED QUANTITIES IS IN NO WAY WARRANTED AND THAT THIS INFORMATION WILL NOT

RELIEVE A BIDDER FROM THE RESPONSIBILITY TO ESTIMATE THE QUANTIES INVOLVED. IT IS

FURTHER EXPRESSLY UNDERSTOOD IN NO CASE WILL SUCH ESTIMATED QUANTITIES BE USED

AS A BASIS OF A CLAIM AGIANST THE GOVERNMENT.

(F) IF A BID OR MODIFICATION TO A BID BASED ON UNIT PRICE IS SUBMITTED WHICH PROVIDES

FOR A LUMP SUM ADJUSTMENT TO THE TOTAL ESTIMATED COST, THE APPLICATION OF THE

LUMP SUM ADJUSTMENT TO THE UNIT PRICE IN THE SCHEDULE MUST BE STATED. IF IT IS NOT

STATED, THE BIDDER AGREES THAT THE LUMP SUM ADJUSTMENT SHALL BE APPLIED ON A PRO

RATA BASIS TO THE UNIT PRICE IN THE BID SCHEDULE.

(G) ALL EXTENSIONS OF THE UNIT PRICE SHOWN WILL BE SUBJECT TO VERIFICATION BY THE

GOVERNMENT. IN CASE OF VARIATION BETWEEN THE UNIT PRICE AND THE EXTENSION, THE

UNIT PRICE WILL BE CONSIDERED TO BE THE BID.

(H) AWARD WILL BE MADE AS A WHOLE TO THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER AS

MAY BE IN THE BEST INTEREST OF THE GOVERNMENT.

(I) LACK OF REGISTRATION IN THE SAM DATABASE WILL MAKE AN OFFEROR INELIGIBLE FOR

AWARD. SEE CONTRACT CLAUSE 52.204-7 ENTITLED, "SYSTEM FOR AWARD MANAGEMENT".

(J) THE SF1442, BIDDING SCHEDULE, AND SECTION 00600 (REPRESENTATIONS AND

CERTIFICATIONS) MUST BE ACCURATELY COMPLETED AND RETURNED WITH YOUR BID OR IT

MAY BE REJECTED AS NONRESPONSIVE. AN OFFEROR MAY ALSO SUBMIT, IN LIEU OF THE

COMPLETED SECTION 00600, A COMPLETE HARD COPY OF THEIR ONLINE REPRESENTATIONS AND CERTIFICATIONS AT WWW.SAM.GOV. SEE FAR CLAUSES 52.204-7 AND 52.204-8 FOR REQUIREMENT

INFORMATION.

(K) THE NOTICE TO PROCEED (NTP): THE SUCCESSFUL BIDDER IS ADVISED THAT PERFORMANCE

AND PAYMENT BONDS SHALL BE SUBMITTED IN ACCORDANCE WITH THE TIME FRAME IN BLOCK

12B OF SF1442. THE NTP WILL BE ISSUED IMMEDIATELY AFTER VERIFICATION OF ACCEPTABLE

PERFORMANCE AND PAYMENT BONDS. WITHIN SEVEN (7) CALENDAR DAYS AFTER ISSUANCE OF

THE NTP, THE CONTRACTOR SHALL INITIATE A MEETING TO DISCUSS THE SUBMITTAL PROCESS

WITH THE AREA OR RESIDENT ENGINEER OR HIS AUTHORIZED REPRESENTATIVE. PHYSICAL

WORK CANNOT START UNTIL THE ACCIDENT PREVENTION PLAN, CONTRACTOR QUALITY

CONTROL PLAN, AND OTHER SUBMITTALS WHICH MAY BE REQUIRED, HAVE BEEN SUBMITTED

AND APPROVED AND ALL PRELIMINARY MEETINGS CALLED FOR UNDER THE CONTRACT, HAVE

BEEN CONDUCTED.

(L) ALL WORK UNDER THESE SPECIFICATIONS SHALL BE PERFORMED IN ACCORDANCE WITH THE

PROVISIONS OF EM 385-1-1 "CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS

MANUAL", DATED NOVEMBER 2014.

(M) THE GOVERNMENT RESERVES THE RIGHT, AS THE INTERESTS OF THE GOVERNMENT MAY

REQUIRE, TO POSTPONE OR DELAY THE DATE AND/OR TIME SET FOR OPENING BIDS. REVISIONS

OR AMENDMENTS TO THE BID OPENING DATE AND/OR TIME, IF ANY, WILL BE ANNOUNCED BY

AMENDMENT OR AMENDMENTS TO THIS INVITATION FOR BIDS.

(N) A VIRTUAL PRE-BID CONFERENCE WILL BE HELD APPROXIMATELY 2 WEEKS AFTER THE

SOLICITATION IS PUBLISHED.

(O) SURVEYS USED TO DEVELOP CROSS SECTIONS WERE TAKEN BETWEEN MAY AND JUNE 2022.

THE CLOSURE DAM IS ROUTINELY OVERTOPPED DURING HIGH WATER CONDITIONS. SITE

CONDITIONS MAY HAVE CHANGED SINCE SURVEYS WERE TAKEN. BIDDERS SHOULD

ANTICIPATE LARGER SCOUR HOLES. BIDDERS ARE ENCOURAGED TO MAKE A SITE VISIT TO

VIEW CURRENT SITE CONDITIONS.

(End of Summary of Changes)

The following items are applicable to this modification:

The Notes Section, Paragraph A, is hereby revised.