B.08.03 W912EF21B0011 Amendment 0002.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

Amendment 0002 - See Summary of Changes

1. CONTRACT ID CODE PAGE OF PAGES

1 9

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

16C. DATE SIGNED

BY 26-Mar-2021

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 W912EF21B0011

X 9B. DATED (SEE ITEM 11)

02-Mar-2021

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

25-Mar-2021

CODE

USAED, WALLA WALLA - CONTRACTING DIV.

KARLYN HOLLAND

201 N. THIRD AVENUE

WALLA WALLA WA 99362-1876

W912EF 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912EF21B0011

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

AMENDMENT 0002

Summary of Changes for McNary Headgate System Rehab - Bulkheads (Amendment 0002) Solicitation:

Section L - Instructions, Conditions and Notices to Bidders

ELECTRONIC BID SUBMISSION INSTRUCTIONS – Bid Guarantee language removed FAR Clause 52.228-1 BID GUARANTEE – REMOVED Incrementally Funded Contracts Section - ADDED

Specifications:

00 01 15.00 28 LIST OF DRAWINGS

1.1: Revised to show drawing revision

01 14 00.10 28 PROJECT SITE RESTRICTIONS

1.2: Item 2 has been revised to discuss bulkhead delivery requirements.

Attachment has been added to show delivery location

Drawings:

S-502: Corrected flange thickness and added dimension

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

The following have been added by full text:

INCREMENTALLY FUNDED CONTRACTS

INCREMENTALLY-FUNDED CONTRACTS

(a) The responsibilities of the Corps are limited by this clause notwithstanding any contrary provision of the "Payments to Contractor" clause or any other clause of this contract.

(b) Pursuant to the authority of 33 U.S.C. § 621 and 16 U.S.C. § 839d-1 this contract is incrementally funded on a fiscal year basis by the Bonneville Power Administration (BPA). Funds are not available at the inception of this contract to cover the entire contract price. The sum of $700,000.00 has been reserved under this contract by the Corps and is available for payment to the contractor during the current fiscal year. In accordance with the Memorandum of Agreement (MOA) between BPA and the Department of the Army (Contract No. DE- MS79-94BP94655), the Sub-agreements 19GS-75782 and between the Corps and BPA sets the total funding requirements for project construction and the annual funding requirements. The Corps has agreed to perform the work specified within the estimated annual funding requirements and shall coordinate with BPA in updating funding requirements. The liability of the Corps for payments beyond the funds currently reserved under this contract is contingent on the availability of additional funds from BPA under the MOA and Sub-agreement.

(c) Failure to make payments in excess of the amount currently reserved, or that may be reserved from time to time, shall not be considered a breach of this contract, and shall not entitle the contractor to a price adjustment under the terms of this contract.

(d) Contingent upon additional funds being provided by BPA to the Corps, the contracting officer may at any time reserve additional funds for payments under this contract by issuing an administrative change to the contract.

(e) If earnings will be such that funds reserved for this contract will be exhausted before the end of the fiscal year, the contractor shall give written notice to the contracting officer of the estimated date of exhaustion and the amount of additional funds which will be needed to meet payments due or to become due under this contract during that fiscal year. This notice shall be given not less than 45 or more than 60 days prior to the estimated date of exhaustion.

(f) Upon receipt of the contractor’s notice under subparagraph (d), the contracting officer shall promptly provide written notice to the contractor that the Corps is-

(1) Increasing the Corps’ reservation of funds under this contract in a specified amount; or

(2) Reducing the scope of work or terminating the contract; or

(3) Unable to reserve additional funds until the following fiscal year.

(g) No payments will be made after exhaustion of funds except to the extent that additional funds are reserved for the contract. Any suspension, delay, or interruption of work arising from exhaustion or anticipated exhaustion of funds shall not constitute a breach of this contract and shall not entitle the contractor to any price adjustment under a “Suspension of Work” or similar clause or in any other manner under this contract.

(h) An equitable adjustment in performance time shall be made for any increase in the time required for performance of any part of the work arising from exhaustion of funds or the reasonable anticipation of the exhaustion of funds.

(i) If, upon the expiration of sixty (60) days after the beginning of the fiscal year following an exhaustion of funds, the Corps has failed to reserve sufficient additional funds to cover payments otherwise due, the contractor, by written notice delivered to the contracting officer at any time before such additional funds are reserved, may elect to treat his right to proceed with the work as having been terminated. Such a termination shall be at no cost to the Corps, except that, to the extent that additional funds to make payment therefore are allocated to this contract, it may be treated as a termination for the convenience of the Government.

(j) If at any time it becomes apparent that the funds reserved for any fiscal year are in excess of the funds required to meet all payments due or to become due the contractor because of work performed and to be performed under this contract during the fiscal year, the Corps reserves the right, by modification to the contract, to reduce said reservation by the amount of such excess.

(k) The term “Reservation” means funds that have been set aside and made available for payment under this contract by the Corps.

Payment for Materials Delivered Off-Site

(a) Pursuant to FAR 52.232-5, Payments Under Fixed Price Construction Contracts, materials delivered to the contractor at locations other than the site of the work may be taken into consideration in making payments if included in payment estimates and if all the conditions of the General Provisions are fulfilled. Payment for items delivered to locations other than the work site shall be limited to:

(1) Materials required by the technical provisions; or

(2) Materials that have been fabricated to the point where they are identifiable to an item of work required under this contract; or

(3) Items specifically listed below.

(b) Payment for materials delivered off-site shall be made only after receipt of paid invoices listing the value of material and labor incorporated in the items along with a canceled check showing the prime contractor’s title to the items delivered off site. Payment for materials delivered off-site shall be limited to the following items:

1. S-Board and SC-Board control panels.

2. Remote Terminal Unit (RTU) cabinets.

3. Excitation Transformers (Upon completion of Factory Acceptance Testing).

4. Excitation Cubicles (Upon completion of Factory Acceptance Testing)

5. Excitation DC Bus.

The following have been modified:

INSTRUCTIONS TO BIDDERS

ATTENTION TO BIDDERS

All bidders must provide the following information upon request to assist in the Contracting Officer’s determination of contractor responsibility. Bidders are not required to submit this form and its requested supporting information with their bid.

QUALIFICATIONS

1. Current Balance Sheet and latest Profit and Loss Statement prepared from the most recent fiscal year and certified by an officer of the company.

2. The name of your banking firm, telephone number and the name of the individual to contact for a line-of-credit reference.

Banking Institution

Telephone Number

Person to Contact

Email Address

3. Tax Identification Number

4. Years of experience (in the field of the proposed work).

Indicate similarity of work currently under way to work required for this project.

5. List of present work to include agency or firm name, address, telephone number and email address of primary point of contact responsible for inspection and acceptance of the work. (Attach list) a6. List of previous work to include agency or firm name, address, telephone number and email address of primary point of contact responsible for inspection and acceptance of the work. (Attach list)

7. Percentage of work under this contract to be subcontracted %

Return completed form with all attachments to:

Contracting Division, Walla Walla District Corps of Engineers, ATTN: Karlyn Holland, 201 North Third, Walla Walla, WA 99362-1876

NPW FL 118

(Rev Oct 2009) 8912

PRICE BASIS

Bidders are advised that only bids submitted on a firm price basis will be considered, and that bids submitted on any other than firm price basis will be rejected. (FAR 14.201-2 (a)) NOTE; Bid prices must include all Federal, state, and local taxes in accordance with CLAUSE: FEDERAL, STATE, AND LOCAL TAXES of the

CONTRACT CLAUSES.

BID QUANTITIES (APR 1984) (FAR 14.201-5)

Bids for less than specified quantities of each item in the Bid Schedule will not be considered. Failure to submit a unit price for each item where required in the Schedule will be considered as a material deviation from the requirements of the solicitation, and the bid will be rejected.

ELECTRONIC BID SUBMISSION INSTRUCTIONS

OFFERORS are required to complete and submit with their proposals the Standard Form 33, Bid Schedule, and Section K, Representations and Certifications.

FAXED PROPOSAL MODIFICATIONS WILL NOT BE ACCEPTED

Bidders shall submit their bids via email to the following individuals by no later than the date and time established in Block 9 of the Standard Form (SF) 33, or Block 14 of the most recently issued SF 30 as applicable:

Jani Long, Contracting Officer Jani.C.Long@usace.army.mil Karlyn Holland, Contract Specialist Karlyn.K.Holland@usace.army.mil

Each email shall contain the following information:

Solicitation No. W912EF21B0011 Bid Due Date and Time: 2:00 PM Pacific Time on 01 April 2021 Bid Validity Date: 01 June 2021

Bids received after the date and time stated within Block 9 of the SF 33, 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 15.207(c).

Bidders should enter a description for every file submitted. For files over 20 megabytes (MB) the bidders shall break the file into smaller files sent via separate emails with each email marked to identify which number the email is relative to the total number of emails submitted (i.e. “email one of four”). Once all of the emails submitted have been received the Government will confirm receipt via responsive email. If a bidder submits multiple bids the Government will only consider the last bid submitted prior to the bid due date and time.

Do not assume submission will be instantaneous. File size and number of files submitted shall be considered.

Bidder/Teammate/Subcontractors should allow adequate time for submission completion because the entire bid (i.e. bidders’ submission and all teammate/subcontractor(s) independent submissions) must be received by the bid due date and time specified in Block 9 of SF 33, or SF 30 as applicable.

Electronic submission of bids satisfies the requirement set forth in Block 9 of the SF 33 (‘…in original and ___copies…”).

BID OPENING

Bidders are advised there will NOT be a physical bid opening held for this invitation for bids. The bid opening will be held telephonically 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 the contracting office time to download all bid documents submitted.

The USACE Walla Walla District will not accept any hard copy documentation submitted in response to this invitation for bids. Bidders wishing to participate in the telephonic bid opening shall email a list of participants to both Contracting Officer (Jani.C.Long@usace.army.mil) and Contract Specialist (Karlyn.K.Holland@usace.army.mil) no later than the close of business 24 hours prior to the bid due date and time. Please reference “IFB Number and Title” in the email subject line. A responsive email will be sent to the bidder which will include confirmation of the list of participants, the conference call-in telephone number, and the security passcode for participants to utilize for the telephonic bid opening.

ARITHMETIC DISCREPENCIES

(a) The following will be used in resolving arithmetic discrepancies found on the face of the bidding schedule as submitted by the bidder:

(1) In a discrepancy between unit price and extended price, the unit price stated on the bid schedule will govern;

(2) Apparent errors in the extension of unit prices will be corrected;

(3) Apparent errors in the addition of lump-sum and extended prices will be corrected.

(b) For the purpose of bid evaluation, the government will proceed on the assumption that the bidder intends his bid to be evaluated on the basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.

(c) These correction procedures shall not be used to resolve any ambiguity concerning which bid is low.

RESPONSIBILTY DETERMINATION CRITERIA

1. Responsibility Criteria IAW FAR Subpart 9.1: To ensure award is made to the responsible bidder, a determination of responsibility will be conducted. As part of this responsibility determination , the Contracting Officer will utilize the guidance contained in FAR Subpart 9.1, Responsible Prospective Contractors. In accordance with FAR 9.104-1, to be determined responsible, a prospective contractor must:

(a) Have adequate financial resources to perform the contract, or the ability to obtain them

(see form below);

(b) Be able to comply with the required or proposed delivery or performance schedule , taking into consideration all existing commercial and governmental business commitments;

(c) Have a satisfactory performance record, similar in scope and magnitude of that stated in the contract requirements;

(d) Have a satisfactory record of integrity and business ethics;

(e) Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them;

(f) Have the necessary production, construction , and technical equipment and facilities, or the ability to obtain them; and

(g) Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

2. ATTENTION: Definitive Responsibility Criteria (DRC): In addition to examining the criteria in FAR 9.104-1, the Contracting Officer will also examine whether the low bidder can meet the requirements of the definitive responsibility criteria mentioned in sections a and b below. THIS INFORMATION WILL BE REQUESTED AFTER BID OPENING. The apparent low bidder will be required to meet the following experience requirements:

a) The fabricating plant and fabricator must be certified under the AISC (American Institute of

Steel Construction) Quality Certification Program and must be designated one of the AISC Certified Plant Categories listed below. The fabricator is required to be certified with Fracture Critical endorsement (F) and possess five years documented experience on projects of similar scope. Similar scope is defined under 2c. Submit copies of the AISC certificate indicating that the fabrication plant meets the specified structural steelwork category and provide (3) projects within the past 10 years that document relevant past experience.

• CBR: Major Steel Bridges

• ABR: Certified Bridge Fabricator – Advance

• IBR: Certified Bridge Fabricator – Intermediate

• HYD: Certified Metal Hydraulic Fabricator

b) Similar scope is defined as the structure having the following:

• Weight of 45 tons or greater.*

• Welded joints with member thickness of 3/4 inch or greater.

• Length, width, or height of structure of 30 feet or greater.

• Vinyl paint system was applied to the structure.

* At least 2 of the 3 projects shall be at a weight of 45 tons or greater.

3. The Contracting Officer will verify the submitted projects meet the definitive responsibility criteria as part of the responsibility determination. Bidders are not required to submit additional documentation related to these criteria at the time of the bid. Instead, the Government will request the supporting documentation within a reasonable timeframe after bid opening and the apparent low bidder will be expected to provide the DRC information within two (2) business days after the Government's request.

4. Along with the Definitive Responsibility Criteria, the apparent low bidder will be required to provide the following information for the Government's use in the determination of Bidder(s) responsibility (See 1 (a) above).

U.S. ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS

MANUAL, EM 385-1-1

This contract/purchase order requires the contractor to comply with EM 385-1-1. EM 385-1-1 and its changes are available at http://www.usace.army.mil/SafetyandOccupationalHealth.aspx.

The Contractor shall be responsible for complying with the current edition and all changes posted on the web as of the effective date of this solicitation.

REQUIRED LIABILITY INSURANCE PURSUANT TO FAR 28.306

In accordance with the clause 52.228-5 Insurance – Work on a Government Installation, the Contractor shall procure and maintain during the entire period of his performance under this contract the following minimum insurance:

(i) Coverage complying with state laws governing insurance requirements pertaining to Workmen’s Compensation and Employers” Liability Insurance.

(ii) Bodily injury liability insurance with minimum limits of $500,000 per occurrence shall be required on the comprehensive form of policy.

(iii) Automobile bodily injury and property damage liability with minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury liability; and $20,000 per occurrence for property damage liability shall be required.

BIDDER INQUIRY:

All inquiries regarding this solicitation are to be submitted via Bidder Inquiry. Telephone and email inquiries will not be accepted. Bidder Inquiry is a web-based program that allows bidders to post questions regarding the solicitation and view all questions by other bidders and responses by USACE. Bidder Inquiry can be accessed through ProjNet at https://www.projnet.org/projnet/.

To access the ProjNet-Bidsm website for the first time:

1.) Click the Bid tab 2.) Click Bidder Inquiry. (The Agency is USACE.)

3.) Enter the following information for access:

a.) The Bidder Inquiry Key: SX62VX-B2KS4Y b.) Valid business contact information (e.g. Company name, contact person, business address, phone number and email address). (Required on first project only) c.) Establish a secret question and answer which will be used as a password. (Required on first project only) d.) For subsequent access use your email address, the Bid Inquiry Key and response to the secret question to access the ProjNet-Bidsm Module.

4.) Submit questions or review questions and answers. A bidder who submits a question will receive an automated email notification that their question has been received. When an answer is posted to a question, the question and answer is then available for all other bidders to review.

5.) For specific step-by-step for POSTING YOUR INQUIRIES, see the Reference link on the Contract Viewer.

6.) For questions about the ProjNet-Bidm, please contact the Call Center help desk toll free at 1-800-428-HELP, which operates from 8AM to 5PM (Central US time zone). ProjNet-Bidsm questions can also be emailed to the helpdesk at staff@rcesupport.com.

All bidders will be held to have reviewed the questions and responses in ProjNet-Bidsm prior to bid submission.

Nothing is changed in the solicitation unless an amendment is sent out.

The following have been deleted:

52.228-1 Bid Guarantee SEP 1996

(End of Summary of Changes)