W912EP18R0029_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

REGIONAL INDEFINITE DELIVERY INDEFINITE QUANTITY (IDIQ) MULTIPLE AWARD TASK ORDER CONTRACTS (MATOCS) FOR

MAINTENANCE DREDGING AND SHORE PROTECTION PROJECTS WITHIN THE BOUNDARIES OF THE SOUTH ATLANTIC DIVISION

A. SEE CONTINUATION SHEET FOR AMENDMENT DETAILS.

B. THE BID OPENING DATE REMAINS UNCHANGED @ AUGUST 21, 2018 @ 2:00 P.M. LOCAL TIME.

ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED

1. CONTRACT ID CODE PAGE OF PAGES

1 10

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

16C. DATE SIGNED

BY 11-Jul-2018

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 9A. AMENDMENT OF SOLICITATION NO.

W912EP18R0029

X 9B. DATED (SEE ITEM 11)

19-Jul-2018

10B. DATED (SEE ITEM 13)

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

15-Aug-2018

CODE

USA ENGINEER DISTRICT, JACKSONVILLE

CONTRACTING DIVISION

701 SAN MARCO BLVD

JACKSONVILLE FL 32207-8175

W912EP 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SF 30 CONTINUATION SHEET

Regional Indefinite Delivery Indefinite Quantity Multiple Award Task Order Contracts In Support of Dredging and Shore Protection Projects Within the Boundaries of the South

Atlantic Division

W912EP18R0029 2 Amendment 0002

SUMMARY OF CHANGES

1. SPECIFICATIONS:

The text changes have been updated with additions noted by bold red text and deletions noted by line/cross-outs, and pertain only to changes made by this amendment.

Changes to Specifications Volume 1 of 2:

DELETE Attachment 8 - TASK ORDER PROCEDURES and REPLACE with attached REVISED Attachment 8 - TASK ORDER PROCEDURES.

SECTION 00100A: SOLICITATION PROVISIONS

(End of Summary of Changes)

W912EP18R0029 00100A-32

ATTACHMENT 8

SPECIAL INSTRUCTIONS FOR DREDGING MATOC PROGRAM AWARDS AND

TASK ORDER PROCEDURES

1. INTENT AND PURPOSE: The Government intends to award multiple task order contracts for maintenance dredging and shore protection projects to each and all qualifying offerors under this solicitation in each of the two specific groups. There is no maximum number of awards in each group.

1.1. The Contracting Officer reserves the right to accept a request to add new/additional equipment from awardee(s) of the Dredging MATOC. Upon receipt of the request, a technical acceptability determination will be made based on the criteria in Factor 1 of the original Dredging MATOC solicitation including all amendments. Contractors must submit at a minimum the same type of equipment documentation required by the original MATOC solicitation including all amendments for consideration. Determinations of technical acceptability for additional equipment shall be issued in writing from the Contracting Officer. It is the intent of the Government to provide a determination of technical acceptability within 15 days of receipt of submissions.

Please note: Equipment must be submitted and approved prior to use and will not be accepted for submission on task orders unless previously approved following the above process. If the equipment is determined to be technically acceptable it may then be proposed on future Requests for Proposal (RFP).

1.1. 1.2. The Contracting Officer reserves the right to refresh the Group of contractors, on an annual basis, and to evaluate proposals from additional contractor(s) that were not previously awarded a contract under this solicitation. The following course of action is the anticipated procedure should the Contracting Officer exercise this right to refresh the Group of contractors:

a. A pre-solicitation notice shall be synopsized on the Federal Business Opportunities (www.fbo.gov) website. The synopsis shall state that this solicitation is issued for the sole purpose of refreshing the pool of contractors for this particular group/pool. The synopsis shall also state that the contractors who already have been awarded an IDIQ MATOC are not required to submit a proposal in order to remain in the pool. The synopsis shall identify these contractors who have already been awarded an IDIQ MATOC by name and contract number.

b. The solicitation shall be advertised on www.fbo.gov. Although the solicitation must carry a new Procurement Identification Number (i.e, W912EPxxRxxxx), Volume 1 of the solicitation shall be a mirror image of the original volume 1 of the solicitation with the only exception(s) being as a result of any changes to clauses from the Federal Acquisition Regulation (FAR) clauses or any supplements to the FAR. The potential offerors shall be required to meet the same evaluation criteria established in the initial solicitation. The evaluation and selection of awardees will be exactly the same as the evaluation and award criteria used for the initial basic MATOC award. Volume 2 of the solicitation shall contain the technical plans and specifications.

1.2. 1.3. Contractors will be required to submit proposals in accordance with Section 00100A contained in each of the solicitations.

Amendment 0002 http://www.fbo.gov/

W912EP18R0029 00100A-33

1.3. 1.4. Contractors submitting an offer as a joint venture must provide a written copy of the joint venture agreement with the initial proposal. The joint venture agreement must be signed by both parties and will be subject to review by Office of Counsel. Also, if the joint venture involves an 8(a) small business, approval by the Small Business Administration will also be required. The joint venture must be registered in SAM as a joint venture in order for an award to be made. In addition, the SF 1442 as well as all future documents (task orders, bonds, etc.) must be signed by both parties. No task orders will be awarded to a joint venture unless the basic MATOC has been awarded to the joint venture.

1.4. 1.5. The total maximum aggregate value of all contracts to be awarded under this solicitation is $495,000,000.00 ($450,000,000.00 estimated for the unrestricted (Group 1) and $45,000,000.00 estimated for the small business Group 2). Each MATOC will consist of a base year and four one-year option periods in accordance with the formal Acquisition Plan previously approved by Headquarters, USACE. The maximum value of each Group is for the entire five year period of performance. The Government is not obligated to exercise any option years. There is no guarantee that this maximum value will be distributed equally among the pool of contractors within each group. Awardees will share this total value through a competitive task order award process.

1.5. 1.6. The Government does not guarantee an awardee will receive more than the contract minimum guarantee. The minimum guarantee for each MATOC is $2,000.00 and covers the base year and all option periods. This minimum guarantee is the amount a contractor may receive if they have NOT been successful in obtaining a task order by the end of the contract duration. This minimum guarantee is NOT to be construed as the total amount of any individual task order.

All task orders will substantially exceed this minimum guarantee amount. This minimum guarantee will be obligated on Task Order 0001 under each contract awarded as a result of this solicitation.

1.6. 1.7. Any required changes to the contract clauses contained in this solicitation shall be executed as a modification to any and all contracts awarded as a result of the solicitation. Any modifications to the basic MATOC awards shall be executed by the Jacksonville District Contracting Division; including the exercise of any and all Option Years.

1.7. 1.8. Jacksonville District shall administer the basic MATOC awards; however, each individual District within the South Atlantic Division (SAD) shall have contracting authority to issue Requests for Proposals and to award and administer task orders under these contracts.

2. TASK ORDER PROCEDURES:

2.1. All MATOC contracts and subsequent task orders will be awarded in accordance with FAR Subpart 15, Contracting by Negotiation. The basic MATOC contracts will be evaluated in accordance with the evaluation criteria contained in Section 00100A of the solicitation. It is anticipated that subsequent (future) task orders will be awarded on the basis of Lowest Price, Technically Acceptable (LPTA) in accordance with FAR 15.101-2. However, the Government reserves the right to utilize the "Best Value Tradeoff" process when the Contracting Officer determines that it is in the Government’s best interest to do so for a specific project. All Requests for Proposals for Task Orders will, of course, contain any and all evaluation criteria (whether it is on an LPTA basis or a Best Value Tradeoff basis) in accordance with FAR Subpart 15 and the Army Source Selection Manual. Price or cost shall be one of the factors in the selection decision for each task or delivery order under the MATOCs, in accordance with FAR 16.505(b)(1)(ii)(E).

W912EP18R0029 00100A-34

2.2. Each Project Delivery Team in coordination with the Contracting Officer shall determine on a case-by-case basis which of the two MATOC groups is the appropriate contracting vehicle for each specific project. The basic criteria for this decision is as follows: (1) if the project suitable for small business participation; then it will be solicited under the Small Business Group 2; and

(2) if the project does not fall under the Small Business Group 2; then it will be solicited under the Unrestricted, Other than Small Businesses Group 1.

2.3. Issuance of the Request for Proposal for Task Orders.

a. FAR Part 15 and 16.505 will be followed when issuing task orders under the IDIQ MATOCs.

b. RFPs will be issued by the cognizant Contracting Office to the contractors within the group identified in paragraph 2.2 above. Contractors that have been awarded a MATOC will be invited to submit proposals in accordance with the RFP. Contractors are not obligated to submit a proposal on each and every RFP.

c. However, in the case of the Small Business group and in accordance with section 1331 of Public Law 111-240 (15 U.S.C. 644(r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a)(3).

d. Although not required in accordance with FAR 5.202 subparagraph (6), a synopsis will be issued in FedBizOpps (www.fbo.gov) for all future RFP's for Task Order. The synopsis will contain, as a minimum, the project title and the date the proposals are due. In addition, the synopsis will contain a statement similar to the following:

“This project is being competed only among the following contractors previously awarded a contract under solicitation number W912EP18R0029 for Group # under the SAD Regional Dredging MATOC: Name of Contractor A (W912EPXXDxxxx), Name of Contractor B (W912EPXXDxxxx), Name of Contractor C (W912EPXXDxxxx), and Name Contractor D (W912EPXXD xxxx).”

e. The RFPs will include, at a minimum, the pricing schedule for the proposed project, the proposal submission requirements, the evaluation criteria, and the project plans and specifications. All other terms and conditions will be contained in the MATOC. However, any minor/pertinent changes to these terms and conditions, including applicable fill-ins for certain clauses and the applicable Davis-Bacon Wage Determinations, will also be incorporated into individual task order RFP’s.

f. In accordance with FAR 16.505, price or cost under each task order shall be considered as one of the factors in the selection decision. Also, in accordance with FAR 16.505, DFARS 216.505-70, and AFARS 5116.505-90, the Government should also consider past performance (including quality, timeliness and cost control) on earlier orders placed under the same MATOC and other relevant projects recorded in the PPIRS database. In addition, equipment availability and equipment capability may also be considered at the discretion of the Contracting Officer. The Government may also include any of the following as additional evaluation factors: (1) potential impact on other orders placed with the contractor, (2) minimum order requirements, and (3)

W912EP18R0029 00100A-35

urgency of need. Any and all evaluation factors will be provided to the contractors at the time the RFP is issued. Most, if not all, task orders will be awarded on the basis of Lowest Price, Technically Acceptable (LPTA) in accordance with FAR 15.101-2. However, a "Best Value Tradeoff" evaluation may be used when issuing Request for Proposals on task orders when the Contracting Officer determines it to be in the Government’s best interest. When and if a determination is made to utilize the "Best Value Tradeoff" process, the cognizant Contracting Officer will hold a pre-solicitation conference with the contractors within that particular MATOC group to discuss the relative issues and concerns.

g. Offerors are advised that Coast Guard Certification will be required for some of the projects procured under subsequent task orders.

h. All contractors awarded a contract within the designated project Group will be invited to submit a proposal on all future task orders within that Group, except as discussed in paragraph “c.” above. However, the Government reserves the right to limit competition in accordance with the Fair Opportunity Act (see FAR 16.505, subparagraph (b)(2), Exceptions to the fair opportunity process).

i. The RFP will also provide, at a minimum, the following items:

(1) The time and place for the submittal of said proposal

(2) Point of Contact in the cognizant Contracting Office.

(3) Any and all required “fill-ins” for the contract clauses, including, but not limited to:

-Details regarding the Site Visit (see FAR 52.236-27) -Details regarding Commencement, Prosecution, and Completion of Work (FAR

52.211-10) -The amount of Liquidated Damages (FAR 52.211-12) -Applicable Davis-Bacon Wage Decisions -Details regarding the number of days after award that Performance & Payment

Bonds are required to be submitted -Details regarding the number of days after award that the Notice to Proceed will be Issued and the number of days from NTP to Commencement of Work

j. T h e RFPs from the individual Districts within South Atlantic Division shall be numbered in accordance with the following numbering scheme:

The first six positions shall contain the "Group number" as shown below:

Group1 Group 1, Unrestricted Group2 Group 2, Small Business Dredging Projects

The seventh & eighth positions shall contain the fiscal year of the original solicitation:

“18”. This will be the same for all groups for all future years. This number shall NEVER change.

The ninth position shall always be: “R”. This is the same for all groups.

W912EP18R0029 00100A-36

The tenth position shall indicate the District:

J Jacksonville M Mobile S Savannah C Charleston W Wilmington

The last three positions shall be the serial number of the RFP (beginning with 001).

Separate serial numbering shall be used within each Group.

Examples:

GROUP1-18-R-J001 indicates the first RFP from Jacksonville District for Group 1. GROUP2-18- R-J001 indicates the first RFP from Jacksonville District for Group 2.

GROUP1-18-R-S001 indicates the first RFP from Savannah District for Group 1. GROUP1-18- R-S002 indicates the second RFP from Savannah District for Group 1.

GROUP2-18-R-M001 indicates the first RFP from Mobile District for Group 2.

2.4. Competitive Proposal Submissions and Evaluation of Task Orders.

2.4.1 The Government will follow the procedures outlined in FAR 16.505(b), Orders under multiple award contracts, when issuing the RFP’s and subsequent task orders. The Contracting Officer should keep proposal submission requirements to a minimum. In most cases, the Government will evaluate proposals on a lowest price, technically acceptable basis in accordance with FAR 15.101-2. However, the Government reserves the right to utilize the trade-off process if determined by the Contracting Officer to be in the Government’s best interest.

2.4.2 Each RFP shall contain a Pricing Schedule pertaining to the specific individual project. The Government reserves the right to obtain cost breakdowns of the proposals if required in order to determine fair and reasonable pricing.

2.4.3. Each proposal submission will be in accordance with the individual request for proposal.

In addition, a bid bond will be required with each task order proposal submitted in accordance with FAR 52.228-1 in Section 00700. (See paragraph 2.9 below for bonding requirements)

2.5. Price Proposal Submissions and Evaluation of Task Orders.

2.5.1. Contractors may be required to provide copies of their proposed subcontractors’ proposals or quotes when detailed cost breakdowns are requested. The Government reserves the right to require a detailed breakdown of a proposed subcontract proposal or quote, if necessary to determine its reasonableness.

W912EP18R0029 00100A-37

2.5.2. The contractor must support its proposal by any necessary documentation and in adequate detail for the Government to analyze the proposal to determine fair and reasonable pricing in accordance with FAR 15.4, Contract Pricing.

2.5.3. In accordance with FAR Subpart 15.4, Contract Pricing, the contractor’s price proposal for any task order of $2 million or more will require submission of certified cost or pricing data, unless one of the exceptions at FAR Subpart 15.403-1 applies. If cost and pricing data has been requested and submitted, the contractor shall be required to submit a Certificate of Current Cost or Pricing Data immediately prior to award of the task order.

2.5.4. When and if it becomes necessary to award task orders on a sole source basis, the contractor may be required to submit detailed cost breakdowns in the same format as described for modifications under FAR clause 52.215-21.

2.6. Notification to the Apparent Successful Offeror.

2.6.1. Within two (2) working days of receipt of proposals, offerors will be notified of the apparent successful offeror. However, the Contracting Officer reserves the right to extend this notice period if at the time of initial review it cannot be determined as to the successful offeror.

Task Orders will be awarded within 60 days from receipt of proposals, unless otherwise stated in the task order RFP.

2.6.2. Offerors will also be notified within two (2) working days of receipt of proposals if additional review and/or discussions are required.

2.6.3. Offerors may withdraw (in writing) their proposal for any Task Order at any time prior to award of the task order in accordance with FAR 15.208(e).

2.7. Award of the Task Order.

2.7.1 Task orders will be issued on a firm-fixed price basis using the DD Form 1155, Order for Supplies or Services.

2.7.2 Task order numbering will be in accordance with DFARS 204.7005. Since the Jacksonville District is the responsible party for solicitation issuance and subsequent contract and task order award, the Jacksonville District’s task orders will contain all numeric characters beginning with “0001.” Other Districts will follow the numbering scheme provided in DFARS. The first task order issued under each contract shall follow this numbering scheme; with each subsequent task order under each contract being numbered sequentially:

Task Order Numbers Begin With Mobile District CK Savannah District CV Charleston District DW Wilmington District DQ

W912EP18R0029 00100A-38

Each task order will include, as a minimum, the following information:

-The date the task order is executed by the Contracting Officer -Contract number and task order number -The total amount of the contractor’s evaluated or negotiated price; the final pricing schedule, showing all the CLINS & SubCLINS, shall be attached to the DD 1155 -Accounting and appropriation data -Any other pertinent data

2.7.3. A copy of the DD 1155 and the bid schedule shall be provided to the designated Contract Administrator located in the Jacksonville District Contracting Division. In addition, any modifications to any task orders which increases or decreases the price of the task order shall also be provided to the Contract Administrator (only the SF 30 and the changes to pricing need be provided). The Contract Administrator shall be responsible for tracking capacity on each MATOC as well as the ceiling price of $450M for Group 1 and $45M for Group 2.

2.8. Release of the IGE and Offerors Prices.

2.8.1. In accordance with FAR 16.505(b)(3), all task orders must be awarded in accordance with FAR Part 15, Contracting by Negotiation. Therefore, there will be no public bid opening.

2.8.2. The Independent Government Estimate (IGE) can be released, but ONLY after award, due to the fact that discussions/negotiations may be ongoing between receipt of proposals and time of award.

2.9. Bonding Requirements.

2.9.1. Contractors are required to submit Bid Bonds with their proposal for each task order. See FAR clause 52.228-1 in Section 00700 of this solicitation.

2.9.2. Contractors shall be required to provide Performance & Payment Bonds on each task order in accordance with FAR 52.228-15. The time frame for providing bonds is usually within 10 days after award. Any compressed timeframe will be provided in the RFP for each individual task order.

2.10. Pre-Construction Conference and Notice to Proceed.

2.10.1. After Performance & Payments Bonds have been received and approved, the contractor will be notified regarding the date, time and place for the Pre-Construction Conference. The notification shall contain all pertinent details including what submittals must be received either prior to or at the Pre-Construction Conference.

2.10.2. Normally, a Notice to Proceed will be issued when all pre-construction requirements are met and the contractor is required to mobilize and commence work within the timeframe specified in the task order.

W912EP18R0029 00100A-39

2.11. Ombudsman

2.11.1. Contractors are encouraged to communicate any and all concerns or questions with the cognizant Contracting Office at any stage of the RFP and/or task order process. Questions regarding the plans or specifications for a specific project shall be submitted in writing and answers shall be provided to all potential offerors within that specific pool/group.

2.11.2. In accordance with FAR 16.505(a)(9), no protest under FAR 33.1 is authorized in connection with the issuance or proposed issuance of a task order valued at less than $25 million, except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract. Protests of orders in excess of $25 million may only be filed with the Government Accountability Office, in accordance with the procedures at FAR 33.104.

2.11.3. However, in accordance with FAR 16.505(b)(6), a contractor may contact the Task Order Ombudsman concerning any complaints or concerns they may have, including for task orders valued at less than $25 million. The U.S. Army Corps of Engineers Ombudsman for the South Atlantic Division can be contacted at the following address:

U.S. Army Corps of Engineers Deputy Director of Contracting ATTN: CEPR-Atlanta (SAD USACE Ombudsman) 60 Forsyth Street S.W., Room 10M35 Atlanta, Georgia 30303-8801

2.12. Task Order Administration, Completion and Closeout.

2.12.1. Administration of task orders including, but not limited to, modifications, requests for equitable adjustment, variation in estimated quantities, differing site conditions, disputes, etc.

shall be handled in the same manner that contract administration was handled under a contract awarded as a result of a sealed bid. All issues concerning task order administration shall be handled by the cognizant District awarding the task order. Project completion and task order closeout shall be handled in the same manner that project completion and closeout was handled under a contract awarded as a result of a sealed bid.