B.08.Solicitation Amendment W912EE25QA0220001..pdf

TCPP - BAYOU COCODRIE

DRAINAGE STRUCTURE REPAIR PROJECT

W912EE--This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.

Solicitation Number W912EE25QA0220001 is being issued as a request for quote (RFQ) with the intent to issue one Firm-Fixed Price Contract. This solicitation is being issued under a 100% Total Small Business Set-Aside. The NAICS code for this procurement is 238120 - Structural Steel and Precast Concrete Contractors, with a small business size standard of $19M. This procurement is being conducted in accordance with regulations at FAR Part 12 – Acquisition of Commercial Items and FAR Part 13 – Simplified Acquisition Procedures.

The U.S. Army Corps of Engineers, Vicksburg District: Objective of this requirement is for the repair of the Bayou Cocodrie drainage structure. This repair includes, but is not limited to, replacing and adjusting gate wedges and wedge blocks, repairing embedded metal (gate slots and frames), replacing gate anodes and seals, replacing riverside-stoplog slots, and refurbishing lift units. The contract will be a Firm-Fixed Price (FFP) contract for commercial services with contract work to be completed NLT 12 months after award date.

All Offerors shall submit a quote with content as specified herein. Quotes submitted without the specified content may be determined non-responsive and removed from further consideration.

Offers are encouraged to review all clauses that are incorporated into this solicitation.

****SPECIAL ATTENTION SHOULD BE FOCUSED ON FAR 52.212-2 EVALUATION

COMMERCIAL PRODUCTS, AS THIS CLAUSE OUTLINES THE EVALUATION

FACTORS FOR THIS REQUIREMENT.

PRICING WILL BE EVALUATED BASED UPON THE SUMMATION OF THE PER

GALLON FIXED MARK UP RATES ACROSS ALL LOCATIONS.******

OFFERORS SHALL SUMBIT THE ATTACHED BID SCHEDULE WITH FIXED MARK

UP RATES.

The government intends to make one award for one firm fixed price contract. Offers for less than the required requirements will not be accepted. The government intends to award without discussions while reserving the right to hold discussions if determined advantageous to the government. Offerors are encouraged to provide their best proposed pricing in their initial offer.

Quotes shall be submitted electronically via email, to: Jeffrey.L.Smith-Lyon@usace.army.mil.

For information concerning this solicitation, contact Jeff Smith-Lyon at the above email or by phone at 601-631-7264.

mailto:Jeffrey.L.Smith-Lyon@usace.army.mil

• You are responsible for reading all information contained in this solicitation and all attachments if any posted with it.

• Offerors should check the SAM.gov web site often for modifications to this solicitation.

• Offerors are responsible for ensuring their quotes arrive timely.

TECHNICAL INQUIRIES AND QUESTIONS

Technical inquiries and questions relating to this solicitation are to be submitted via Bidder Inquiry in ProjNet at (https://www.projnet.org). Offerors are encouraged to submit questions early in the advertisement process, to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary. Any questions submitted within the 72 hours window of the solicitation closing date are not guaranteed a response will be provided. To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access.

The Solicitation Number is: W912EE25QA0220001, TCPP Drainage Repair

The Bidder/Offeror Inquiry Key is: VACC5G-PMTI88

Specific Instructions for ProjNet Bid 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.

Bidders/Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry. The call center operates weekdays from 8AM to 5PM U.S. Central Standard Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

https://www.projnet.org/

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

SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

Solicitation/Contract Form Continuation

The following changes have been made:

INFORMATION FROM TO

Small Business Type Hubzone Small Business Small Business Response Due Date 01 Aug 2025 15 Aug 2025

Continuation of Accounting and Appropriation Data

Miscellaneous text in this section has been modified to:

1. AUTHORITY FOR CHANGE OR MODIFICATION:

"Only a warranted Contracting Officer (either a Procuring Contracting Office (PCO), or an Administrative Contracting Office (ACO), acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of the contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer."

2. ELECTRONIC FUNDS TRANSFER INFORMATION:

"All vendor direct deposit and Electronic Funds Transfer (EFT) information must be entered/maintained in the System for Award Management (SAM) located at www.SAM.gov. UFC Form 23, previously required for direct deposits/EFT payments by the Vicksburg District (MVK) is obsolete. To receive direct deposits/EFT payments, routing and banking information must be entered and maintained in SAM. Failure to update/maintain this information in SAM will result in vendors receiving payments via Treasury checks distributed by U.S. mail. The below links are provided for your information.

How do I update the banking information on my Sam.gov entity registration?

https://www.fsd.gov/gsafsd_sp?id=gsafsd_kb_articles&sys_id=003e5979dbe1259494439f95f39 619cd

What is an Electronic Funds Transfer (EFT) indicator and how do I create one?

https://www.fsd.gov/gsafsd_sp?id=gsafsd_kb_articles&sys_id=83629ecadb69e99494439f95f396

If you have further questions, please visit the Federal Service Desk (FSD) at www.FSD.gov."

3. VETERANS EMPLOYMENT EMPHASIS FOR U.S. ARMY CORPS OF ENGINEERS

CONTRACTS (IF APPLICABLE):

"In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.

S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While

W912EE25QA0220001

no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

- U.S. Department of Labor Veterans' Employment and Training Service (VETS):

https://www.dol.gov/vets/

- Federal Veteran Employment Information: https://www.fedshirevets.gov/

- Veterans Opportunity to Work (VOW) Program: https://www.benefits.va.gov/vow/

- U.S. Army Warrior Transition Command Employment Index:

https://wct.army.mil/modules/employers/index.html

- Hiring Our Heroes: https://www.uschamberfoundation.org/hiring-our-heroes "

4. LIMITATIONS ON SUBCONTRACT (IF APPLICABLE):

Reference Limitations on Subcontracting FAR 52.219-14. This procurement is 100% total small business set-aside under NACIS Code 238120 - Structural Steel and Precast Concrete Contractors, Size standard - $19m. 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.

Instructions for Calculation of the Cost of Contract Performance Incurred for Personnel in Accordance with 'Limitations on Subcontracting' (FAR 52.219-14):

Clearly describe the Work to be Performed by Prime Personnel and/or Similarly Situated Entities:

Show Calculation of the Cost of Contract Performance Incurred for Personnel:

1. Total cost of contract = $

2. Total cost of performance by Prime and it's similarly saturated entities = $

3. Percentage of Contract Performance Incurred by Prime Personnel and/or Similarly Situated Entities = (Line 1 / Line 2) X 100 = %

5. SPECIAL CONTRACT REQUIREMENTS (IF APPLICABLE):

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: W912EE25QA0220001 - Repair of the Bayou Cocodrie drainage structure

Line 7 "Name and address of the acquiring agency": USACE, Vicksburg District, USACE Vicksburg District (MVK) Contracting Office, 4155 Clay Street, Vicksburg, MS 39183.

Vendor to provide 72 hours' notice prior to delivery to ensure access to the Reservation and availability of crane and crew to offload.

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. 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.

6. PERIOD OF PERFORMANCE:

The delivery for this contract is 12 months after contract award. All work must be coordinated with the Government Technical Point of Contact listed below and in accordance with the prepared scope of work.

7. INVOICE INSTRUCTIONS:

(1) A PROPER INVOICE MUST BE SUBMITTED IN ACCORDANCE WITH FAR 52.212-

4(g)

(2) SUBMIT INVOICE VIA EMAIL TO:

TBD

TO AVOID DELAY IN PAYMENT A COPY MUST ALSO BE SENT TO THE TECHNICAL

POC AT:

TBD

(3) IF MORE THAN ONE INVOICE IS REQUIRED, THE CONTRACTOR'S FINAL

INVOICE SHALL BE SUBMITTED WITHIN 45 DAYS AFTER THE FINAL PERIOD OF

PERFORMANCE DATE SPECIFIED IN THE CONTRACT. THE INVOICE MUST BE

CLEARLY MARKED "FINAL" AND SUBMITTED AS OUTLINED ABOVE

8. POINTS OF CONTACT

CONTRACTOR POINT OF CONTACT:

TBD

GOVERNMENT TECHNICAL POINT OF CONTACT:

TBD

GOVERNMENT CONTRACTING POINT OF CONTACT:

Jeff Smith-Lyon

PHONE: 601-631-7264

EMAIL: Jeffrey.L.Smith-Lyon@usace.army.mil

B.08.Solicitation Amendment W912EE25QA0220001 SF 30.pdf

KO CONTRACTING DIVISION, 4155 CLAY STREET

VICKSBURG, MS 39183-3435

UNITED STATES

JEFFREY SMITH-LYON, EMAIL: JEFFREY.L.SMITH-LYON@USACE.ARMY.MIL TELEPHONE: 601-631-7264 AdminBy:

SCD: PAS: