Amendment 0002 W912EQ21B0002.pdf

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Attached to
White River Backwater Seepage Federal contract opportunity
Solicitation number
W912EQ21B0002
Issued by
Department of the Army Corps of Engineers Engineering District Memphis

About this file

This solicitation requests proposals for construction services for the White River Backwater Seepage project. The work includes constructing 71 new relief wells, clearing and grubbing, grading, obtaining fill material, constructing a seepage berm, modifying collector ditches, installing a new culvert, establishing turf, and environmental protection along the White River Backwater Levee from Station 12/40+00 to 15/28+00. The total estimated value of work is between $1,000,000 and $5,000,000. The solicitation was issued by the U.S. Army Corps of Engineers Memphis District. Proposals are due as specified in the solicitation and any amendments. The selected offeror will be required to submit performance and payment bonds and proof of insurance within ten days of award.

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File Type Posted
W912EQ21B0002 Bid abstract .pdf PDF
Questions and Answers.pdf PDF
Amendment 0001 W912EQ21B0002.pdf PDF
B08 - White_River_Seepage_Plans.pdf PDF
B08 - Solicitation Drawings W912EQ21B0002.pdf PDF
B08 - Solicitation (W912EQ21B0002).pdf PDF

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W38XGR02607235

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 update the bid schedule and draw ings C-118, Alignment Tables and C-502, Relief Well Details.

All other terms and conditions remain the same.

1. CONTRACT ID CODE PAGE OF PAGES

1 14

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

16C. DATE SIGNED

BY 31-Dec-2020

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 W912EQ21B0002

X 9B. DATED (SEE ITEM 11)

04-Dec-2020

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

31-Dec-2020

CODE

US ARMY ENGINEER DISTRICT, MEMPHIS

KIRK A. MIDDLETON 167 N MAIN ST

MEMPHIS TN 38103-1894

W912EQ 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912EQ21B0002

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SECTION SF30 - BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00010 - SOLICITATION CONTRACT FORM

The following have been modified:

BID SCHEDULE

PART 1 BIDDING SCHEDULE

White River Backwater Levee, Seepage Remediation, Phillips County, Arkansas

1.1 LINE ITEMS

This contract will be awarded as one lump sum with unit prices required for specifically selected work. A schedule of the unit price work is contained in Standard Form SF 1442, "Solicitation, Offer and Award." See Contract Clauses, "FAR 52.211-18, Variation in Estimated Quantity" and "FAR 52.236- 16, Quantity Surveys," "DFARS 252.236-7008, Contract Prices."

Bid Items with Unit Prices Form

Schedule A (BASE) - Ditch B Station 13+75 (Levee Mile 13/14+50, approx) to Ditch E2 Station 15+08 (Levee Mile 14/33+00, approx)

_ ITEM DESCRIPTION Estimated Unit Quantity Unit Price Amount

0001 Mobilization and Demobilization X JA XXX.XX $____.__

0002 Environmental Protection X JA XXX.XX $____.__

0003 Demolition X JA XXX.XX $____.__

0004 Storm Water Pollution Prevention

0004AA Write or Amend SWPPP and Maintain 1 EA _______ $____.__

0004AB Silt Fence or Equivalent 13000 LF _______ $____.__

0004AC Check Dam 24 EA _______ $____.__

0004AD Construction Exit 2 EA _______ $____.__

0005 Establishment of Turf 42 AC _______ $____.__

0006 Excavation 1500 CY _______ $____.__

0007 Compacted Fill

0007AA Compacted Random Fill 60000 CY _______ $____.__

0007AB Compacted Impervious Fill 20000 CY _______ $____.__

0008 Temporary Drilling Pad

0008AA Temporary Drilling Pad 8 EA _______ $____.__ -3ft max height (approx. 110 CY)

0008AB Temporary Drilling Pad 9 EA _______ $____.__ -3ft to 5ft height (approx. 250 CY)

0009 18-inch CMP 30 LF _______ $____.__

0010 Piezometers 100 LF _______ $____.__

0011 Relief Wells: 8-inch 2147 LF _______ $____.__

0012 Pilot Hole Borings 2552 LF _______ $____.__

0013 Relief Well Pump Testing

0013AA Pump Testing: First 3 HR Per Well 81 HR _______ $____.__

0013AB Pump Testing: All Over 3 HR Per Well 27 HR _______ $____.__

0014 Guard Posts 87 EA _______ $____.__

0015 Geotextile Filter Fabric 260 SY _______ $____.__

0016 Riprap: R-90 40 TN _______ $____.__

0017 Riprap: R-200 200 TN _______ $____.__

0018 Bedding Material 50 TN _______ $____.__

0019 Barbed Wire Fence 2900 LF _______ $____._

0020 Clearing & Grubbing 6 AC _______ $____._

Grand Total Items 0001 thru 0020 $_______.__

Schedule B (OPTION 1) - Ditch M15 Station 0+00 (Levee Mile 14/36+00, approx) to Ditch M15 Station 41+60 (Levee Mile 15/27+00, approx)

_ ITEM DESCRIPTION Estimated Unit Quantity Unit Price Amount

1001 Mobilization and Demobilization X JA XXX.XX $____.__

1002 Environmental Protection X JA XXX.XX $____.__

1003 Demolition X JA XXX.XX $____.__

1004 Storm Water Pollution Prevention 1004AA Write or Amend SWPPP and Maintain 1 EA _______ $____.__

1004AB Silt Fence or Equivalent 4400 LF _______ $____.__

1004AC Check Dam 8 EA _______ $____.__

1005 Establishment of Turf 10 AC _______ $____.__

1006 Excavation 4700 CY _______ $____.__

1007 Compacted Impervious Fill 400 CY _______ $____.__

1008 Temporary Drilling Pad

1008AA Temporary Drilling Pad 4 EA _______ $____.__ -3ft max height (approx. 110 CY)

1008AB Temporary Drilling Pad 4 EA _______ $____.__ -3ft to 5ft height (approx. 250 CY)

1009 Piezometers 30 LF _______ $____.__

1010 Relief Wells: 8-inch 2717 LF _______ $____.__

1011 Pilot Hole Borings 3212 LF _______ $____.__

1012 Relief Well Pump Testing

1012AA Pump Testing: First 3 HR Per Well 99 HR _______ $____.__

1012AB Pump Testing: All Over 3 HR Per Well 33 HR _______ $____.__

1013 Guard Posts 102 EA _______ $____.__

1014 Geotextile Filter Fabric 440 SY _______ $____.__

1015 Riprap: R-90 50 TN _______ $____.__

1016 Riprap: R-200 370 TN _______ $____.__

1017 Bedding Material 100 TN _______ $____.__

1018 Barbed Wire Fence 4200 LF _______ $____._

1019 Clearing & Grubbing 4 AC _______ $____._

Grand Total Items 1001 thru 1019 $_______.__

Schedule C (OPTION 2) - Ditch B Station 0+00 (Levee Mile 13/0+00) to Ditch B

Station 13+75 (Levee Mile 13/14+50, approx) _ ITEM DESCRIPTION Estimated Unit Quantity Unit Price Amount

2001 Mobilization and Demobilization X JA XXX.XX $____.__

2002 Environmental Protection X JA XXX.XX $____.__

2003 Demolition X JA XXX.XX $____.__

2004 Storm Water Pollution Prevention

2004AA Write or Amend SWPPP and Maintain 1 EA _______ $____.__

2004AB Silt Fence or Equivalent 2000 LF _______ $____.__

2004AC Check Dam 2 EA _______ $____.__

2005 Establishment of Turf 3 AC _______ $____.__

2006 Excavation 300 CY _______ $____.__

2007 Temporary Drilling Pad

2007AA Temporary Drilling Pad 4 EA _______ $____.__ -3ft max height (approx. 110 CY)

2007AB Temporary Drilling Pad 4 EA _______ $____.__

-3ft to 5ft height (approx. 250 CY)

2008 Piezometers 30 LF _______ $____.__

2009 Relief Wells: 8-inch 886 LF _______ $____.__

2010 Pilot Hole Borings 1051 LF _______ $____.__

2011 Relief Well Pump Testing

2011AA Pump Testing: First 3 HR Per Well 33 HR _______ $____.__

2011AB Pump Testing: All Over 3 HR Per Well 11 HR _______ $____.__

2012 Guard Posts 36 EA _______ $____.__

2013 Geotextile Filter Fabric 30 SY _______ $____.__

2014 Riprap: R-90 20 TN _______ $____.__

2015 Barbed Wire Fence 1800 LF _______ $____._

2016 Clearing & Grubbing 2 AC _______ $____._

Grand Total Items 2001 thru 2016 $_______.__

1.2 NOTES

NOTE 1: 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 his 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, HIS BID WILL BE DECLARED NONRESPONSIVE.

In the event there is a difference between a unit price and the extended total, the unit price will be held to be the intended bid. If the bidder shows only the total price but fails to enter a unit price, the total divided by the estimated quantity will be held to be the intended unit price.

Any bid price for items indicated above which are unbalanced as to price may be rejected as non-responsive. An unbalanced bid is one which is based on price significantly less than cost for some work and price which is significantly overstated for other work.

Award will be made as a whole to one bidder.

AC = Acre CF = Cubic Feet CY = Cubic Yard DH = Miles EA = Each FC = 1000 Cubic Feet FT = Foot HF = 100 Feet HH = 100 Cubic Feet HL = 100 Linear Feet HR = Hours HS = 100 Square Feet HY = 100 Yards LB = Pound LF = Linear Foot

LH = Labor Hour JA = Job (lump sum) LY = Linear Yard MO = Months SB = Square Mile SF = Square Foot SQ = Square SY = Square Yard TL = 1000 Linear Feet TN = Net Ton UN = Unit YD = Yard YL = 100 Linear Yards YM = Cubic Yards Per Mile

All quantities are estimated except where unit is given as "JA" or "EA".

NOTE 2: If a bid or modification to a bid based on unit prices is submitted and provides for a lump sum adjustment to the total estimated cost, the application of the lump sum adjustment to each unit price, including lump sum units, in bid schedule must be stated, or, if it is not stated, the bidder agrees that the lump sum adjustment shall be applied on a pro rata basis to every unit price in the bid schedule.

SECTION 00100 - INSTRUCTIONS TO BIDDERS

The following have been modified:

INSTRUCTIONS TO BIDDERS

CONDITIONS AND NOTICES TO BIDDERS

A. BIDDING MATERIAL – Copies of the Solicitation, Specifications, and drawings forms are available by INTERNET ACCESS ONLY. All solicitation documents will be posted through the (Contract Opportunities) website at: https://beta.sam.gov. Prospective Bidders should submit technical questions concerning this Invitation for Bid via Bidder Inquiry in ProjNet at www.projnet.org/projnet. (See Paragraph M Below). All other inquiries should be emailed to the Contract Specialist, BID DOCUMENTS: The following documents must be submitted with a bid:

1. SF 1442, Solicitation, Offer and Award

2. Schedule of bids/prices

3. Representations and Certifications (Section 00600)

4. All amendments must be acknowledged

5. Bid Bond (Standard Form 24), if over $150,000

6. Equipment List

7. Financial (Financial Statements for the Past 3 Years)

8. List of Subcontractors.

9. A statement from the prime to what work will be accomplish by the prime contractor.

B. REQUIRED SYSTEM FOR AWARD MANAGEMENT REGISTRATION - By submission of a bid, the bidder acknowledges the requirement that a prospective awardee must be registered in the beta.SAM.gov database prior to award, during performance, and through final payment of any contract resulting from this solicitation. Lack of registration in the SAM database will make a bidder ineligible for award. Bidders and contractors may obtain information on registration and annual confirmation requirements by calling 1-866-606-8220, or at:

https://beta.sam.gov

(1) Lack of registration in the beta.SAM.gov database will make a bidder ineligible for award. SEE CONTRACT CLAUSE 52.204-7 ENTITLED "System for Award Management”.

(2) Attention to contractor(s): Effective March 22, 2018, you must submit a notarized letter appointing the authorized entity administrator before your registration will be activated. This requirement now applies to both new and existing entities. Make sure your SAM profile includes “all awards” and not just “Federal Assistance Awards” as this option is only for grants and cooperative agreements. Please visit https://beta.sam.gov for more information.

C. SITE VISITS – There will be no organized site visits prior to the public opening of bids.

Bidders should inspect the site where the work will be performed. Site Visits may be coordinated by mail or telephone (COLLECT CALLS NOT ACCEPTED) between the hours of 7:30 AM and 3:00 PM, exclusive of Federal holidays. The point of contact to schedule a site visit for this Invitation for Bid, Loy A. Hamilton, Area Engineer, at 870-238-7983 or email loy.a.hamilton@usace,army.mil. See Section 00100, clause 52.236-27 Alt I, entitled “Site Visit (Construction)”.

D. CONDITIONS AFFECTING THE WORK - Bidders should visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work and the general and local conditions that can affect the work or the cost thereof. Failure to do so will not relieve bidders from the responsibility for estimating properly the difficulty or cost of successfully performing the work. The Government will assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the Invitation for Bids, the specifications or related documents. See Section 00700, clause 52.236-3, entitled “Site Investigation and Conditions Affecting the Work”.

E. BID SUBMISSION INSTRUCTIONS - Due to the COVID-19 Global Pandemic, the Government is taking precautions to ensure the safety and health of all Contractors and Government employees. All submissions to this bid announcement shall be submitted electronically through DoD Safe. Bids will be opened at the time set for opening in the Invitation for Bids. Their content will be made public for the information of bidders and others interested. As soon as practicable after bid opening, an abstract of bids will be available through our web page at: https://beta.sam.gov Contract Opportunities under attachment Abstract.

(1) NO paper copies, CD-ROMs or facsimile submissions will be accepted. Electronic Proposal Submission is required through the Army’s Electronic File Sharing Service, DoD SAFE (https://safe.apps.mil).

(2) The DoD SAFE Application is used to send large files to individuals that would normally be too large to send via email. There are no user accounts for SAFE.

Authentication is handled via email. Anyone has access to DoD SAFE, and the application is available for use by anyone. See the attached SAFE “Getting Started Guide” has information on how to utilize the system (https://safe.apps.mil/about.php).

F. INSTRUCTIONS FOR UPLOADING FILES –

(1) Send an email to the Contracting Officer and Contract Specialist to receive the link to drop off your bids. This will need to be completed five (5) business days prior to bid due date.

a. Kirk Middleton II, Contract Specialist at: kirk.a.middleton@usace.army.mil

b. Monica Moody, Contracting Officer at: monica.a.moody@usace.army.mil

(2) You will receive an email with the link to submit your drop-off. The link will be provided no later than two (2) business days prior to the bid due date.

(3) Short Note to the Recipients: Click the Add Files or Drag and Drop your files. For file description, enter W912EQ21B0002-FIRMNAME.

(4) Click Upload button to send documents.

(5) Guest users will need to check their email to verify their email address before the recipients will be notified. (Government-issued Common Access Cards ((CACs)) are not required).

File Size Limitations: Bidders are advised to follow the DoD SAFE instructions for uploading files. DoD SAFE supports delivery up to 8GB. If needed, Bidders are advised to break the files down into smaller sections in order to upload it to the system. In such cases, please divide the sections as logically as possible and be sure to clearly name the files as specified below.

File Naming Convention: To ensure your submission is received and processed appropriately, it is important that interested parties CAREFULLY ensure their electronic files adhere to the following naming convention:

• W912EQ21B0002-FIRMNAME-VOLUME I

• W912EQ21B0002-FIRMNAME-VOLUME II

Each file name shall begin with the solicitation number followed by the firm’s name and a brief file description. Please see examples above.

File Organization: Although hard copies are not accepted, each submittal shall be clearly indexed and logically assembled. Font size shall be 10 or larger. Pages shall be letter sized (larger page sizes (such as 11x17 fold-outs, etc.) will be counted as two (2) pages.

Upload Completion & Deadline: Interested parties shall submit responses no later than the date specified on the solicitation document. The time & date of bid receipt will be the upload completion / delivery time & date recorded within DoD SAFE site. Do not assume that electronic submission will occur instantaneously. Large files (i.e. 10MB or more) will take some time to upload. Bidders should time their upload effort with prudence by not waiting until the last few minutes—this will allow for unexpected delays in the transmittal process. Bidders are encouraged to keep a copy of the upload confirmation for their record. Submissions after the deadline will be considered late and will be processed in accordance with FAR 52.214-7.

Electronic Files: Files shall be in their native format (i.e. doc, xls, ppt, etc.), or if in pdf format, shall be in searchable text. Text and graphics portfolios of the electronic copies shall be in a format readable by Microsoft Office or Adobe applications. Data submitted in a spreadsheet format shall be readable by MS Excel (all cells and formulas should be unlocked).

As another precaution, the Federal building is closed to the public for viewing. In lieu of this, there will be a conference phone line available for all who are interested in attending the bid opening. Bid opening call-in information:

USA Toll-Free: 877-411-9748 Access Code: 9812526 Security Code: 9999

G. BIDDER'S ADDRESS - Prospective bidders should indicate in the offer, the address to which payment and/or correspondence should be mailed, if such address is different from that shown for the bidder on Standard Form 1442 Block 14.

H. AMENDMENTS PRIOR TO DATE SET FOR OPENING BIDS - The right is reserved as the interest of the Government may require, to revise or amend the specifications or drawings or both prior to the date set for opening bids. Such revisions and amendments, if any, will be announced by an amendment or amendments to this Invitation for Bids. If the revisions and amendments are of a nature which requires material changes in quantities or prices bid or both, the date set for opening bids may be postponed by such number of days as in the opinion of the issuing officer will enable bidders to revise their bids. In such cases, the amendment will include an announcement of the new date for opening bids. See Section 00100, clause 52.214-3, “Amendments to Invitations for Bids”.

I. NOTICE TO BIDDERS - NINETY DAY OFFER GUARANTEE (See SF 1442 Block 13d) Bidders are advised to review CLASS DEVIATION REVISIONS-FAR 52.219-14-Limitations on Subcontracting (DEVIATION 2019-O0003) and 52.291-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (DEVIATION 2019-O0003) implemented by the Small Business Administration in accordance with FAR part 19.

J. EXPLANATION OF PROVISION/CLAUSE NUMBERS UTILIZED IN THIS

SOLICITATION –

(1) Federal Acquisition Regulation (FAR) provisions/clauses are numbered as follows: 52.252-1.

(2) Defense Acquisition Regulation Supplement (DFARS) provisions/clauses are numbered as follows: 252.204-7000.

K. BIDDER’S QUALIFICATIONS - To establish its responsibility, the bidder may be requested by the Government to submit a statement regarding his previous experience in performing comparable work, his business and technical organization, financial resources (including recent financial statements or audits), plant available to be used in performing the work and, if applicable, an approved sub-contracting plan in accordance with FAR 9.104-1. All documents relevant to establish a bidder’s responsibility shall be made available. (See Section A

BIDDING MATERIAL)

(1). Business Integrity-The apparent successful bidder as a condition for award of any contract resulting from this solicitation may be required to execute a certificate related to Business Integrity.

(2). In accordance with the provisions of Subpart 36.201 (Evaluation of Contractor Performance) of the Federal Acquisition Regulation (FAR), Construction Contractor’s performance shall be evaluated throughout the performance or the contract. The United States Army Corps of Engineers (USACE) follows the procedures outlined in Engineering Regulation 415-1-17 to fulfill this FAR requirement. For construction contracts awarded at or above $100,000.00, USACE will evaluate Contractor’s Performance and prepare a performance report using the construction contractor appraisal support system (CPAR), which is now a web-based system. After an evaluation (interim or final) is written up by the USACE, the contractor will have the ability to access, review and comment on the evaluation for a period of 30 days. Accessing and using CPAR requires specific software, called PKI certification, which is installed on the user’s computer. The certification is a Department of Defense requirement and was implemented to provide security in electronic transactions. The certification software could cost approximately $110-$125 per certification per year and is purchase from an external certification authorities (ECA) vendor, current information about the PKI certification process and for contacting vendors can be found on the website:

http://www.cpars.navy.mil/. If the contractor wishes to participate in the performance evaluation process, access to CPAR and PKI certification is the sole responsibility of the contractor.

L. NOTICE OF BONDS AND INSURANCE - The following bid/contract information is applicable only if the bid/contract is over one hundred fifty thousand dollars ($150,000):

(1) BID BONDS: This is applicable only if proposal is over one hundred fifty thousand dollars ($150,000). Each bidder shall submit with his bid a Bid Bond (Standard Form 24, REV 8/2016) with good and sufficient surety or sureties acceptable to the Government in the form of twenty percent (20%) of the bid price or three million dollars ($3,000,000) whichever is lesser.

The bid bond penalty may be expressed in terms of a percentage or may be expressed in dollars and cents. See Section 00700, clause 52.228-1, entitled “Bid Guarantee”.

(2) PERFORMANCE BONDS. The penal amount of the performance bond shall equal one hundred percent (100%) of the contract price. Bonds shall be received within ten (10) days after receipt of contract award. See Section 00700, clause 52.228-15, entitled “Performance and

Payment Bonds – Construction”.

(3) PAYMENT BONDS: Within ten (10) days after receipt of contract award to the bidder whom award is made, one (1) bond, with good and sufficient surety or sureties acceptable to the Government, shall be furnished; namely a Payment Bond (Standard Form 25A, REV. 8/2016).

The penal amount of such bonds shall equal one hundred percent (100%) of the contract price.

See Section 00700, clause 52.228-15, entitled “Performance and Payment Bonds – Construction”.

(4) INSURANCE: The accepted bidder shall provide adequate insurance, within ten (10) days after receipt of contract award. See Section 00800, entitled Insurance Requirements and Section 00 80 00.00 11, Special Contract Requirements --- Additional Insurance References.

M. POST AWARD SUBMITTAL REQUIREMENTS - Within ten (10) days after receipt of contract award, the contractor shall submit an acceptable performance bond, payment bond and certificate of insurance. Within fifteen (15) days after receipt of notice of award, the contractor shall provide an approved Accident Prevention Plan, Environmental Protection Plan and Quality Control Plan. (See Sections 00 80 00.00 11, 01 57 20.00 11, and 01 45 04.00 11) Within ten

(10) days prior to commencement of work under this contract, the contractor shall submit to the Contracting Officer’s Chief of Security, a list of all Personnel, Vehicles and Equipment that may be used during the construction work under this contract. (See Sections 00800)

N. PROJNET BIDDER INQUIRY

1. Prospective Bidders should submit questions concerning this Invitation for Bid via Bidder Inquiry in ProjNet at www.projnet.org/projnet.

a. To submit and review inquiry items, prospective bidders will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access. A prospective bidder who submits a comment /question will receive an acknowledgement of their comment/question via email. Another email to the same address will notify the prospective bidder once the reply is available for viewing.

b. The Solicitation Number is: W912EQ21B0002 The Bidder Inquiry Key is: JFA3WE-CW3U46

c. Specific Instructions for First Time 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.

d. Specific Instructions for Future ProjNet Bid Inquiry Access:

(1.) For future access to ProjNet, you will not be provided any type of password. You will utilize your Secret Question and Secret Answer to log in.

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

(3.) Identify the Agency. This should be marked as USACE.

(4.) Key. Enter the Bidder Inquiry Key listed above.

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

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

(7.) Enter your Secret Answer and click Login. Once this is completed you are now l logged into the system.

2. The Bidder Inquiry System will be unavailable for new inquires Seven (7) business days prior to bid opening in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary.

3. Bidders 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.

4. The 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.

5. Oral explanations or instructions are not binding. Any information given to a bidders which impacts the bid will be given in the form of a written amendment to the solicitation.

O. NEGOTIATIONS AFTER SEALED BIDDING - The Government has the option to reject all bids received in response to the sealed bid advertisement and initiate negotiation.

Negotiations will include soliciting offers from each responsible bidder that submits a bid in response to the Invitation for Bids. If, after bid opening, the Contracting Officer determines that negotiations are in the best interest of the Government, the following steps will be followed:

(a) An amendment to the sealed bid advertisement will be issued to each responsible bidder changing the Invitation for Bids Number to Request for Proposals Number.

The amendment will also make any necessary changes to the scope of the work.

(b) A cover letter signed by the negotiator will accompany the amendment explaining the procedures to be followed during negotiations.

P. AVAILABLILITY OF FUNDS -Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of Summary of Changes)

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