W912ES21Q0004 Amdendment 00007.pdf

W81G6702794526

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 extend the closing date to 03-18-21 @ 1PM CDT, change to specif ication section 01 14 00.00 13 Beneficial Use; and add a POC at Winona County.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 7

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

16C. DATE SIGNED

BY 09-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 W912ES21Q0004

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 X is extended, 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

08-Mar-2021

CODE

CONTRACTING DIVISION

USACE - ST PAUL

180 FIFTH STREET EAST

SUITE 700

SAINT PAUL MN 55101-1678

W912ES 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912ES21Q0004

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION

The required response date/time has changed from 10-Mar-2021 02:00 PM to 18-Mar-2021 01:00 PM.

The following have been added by full text:

AMENDMENT 00007 SUMMARY

HOMER WEST UPLAND PLACEMENT SITE UNLOAD

Amendment 3/4/2021

CHANGES TO SPECIFICATIONS

SECTION 01 14 00.00 13

WORK RESTRICTIONS

REPLACE

3.4 BENEFICIAL USE

The Homer West Upland Placement Site is a Beneficial Use Site. The Contractor shall construct, erect, and maintain a sign consisting of a 4x8 sheet of plywood and state “SITE IS TEMPORARILY CLOSED.” When the project is completed and the Contractor's Survey is completed and the pit is safe for public use, the sign shall be removed.

The Contractor shall also install a swing gate on the access road wide enough to prevent vehicle access. The design shall be as is typical for this type of application and shall be approved by the Contracting Officer.

The gate shall be of quality and strength to be left in place as a permanent structure. The members shall be a minimum 2” OD galvanized steel with 6”OD posts. The post shall be filled with concrete and embedded in a concrete footing. The gate shall be closed when the Contractor is not hauling and locked with a padlock and a key given to the Contracting Officer. The swing gate shall remain as a permanent site feature.

The exact location of the sign and the gate shall be coordinated with the Contracting Officer but shall be near the entrance to the site.

WITH

3.4 BENEFICIAL USE

The Homer West Upland Placement Site is a Beneficial Use Site. The Contractor shall not prevent access to the site and/or the ability of others to remove sand from the site.

SECTION 00 22 00 - SUPPLEMENTARY INSTRUCTIONS

The following have been modified:

INSTRUCTIONS TO OFFERORS

1. OFFEROR INQUIRIES. Any prospective offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must submit their questions to the contracting specialist.

All inquiries must be submitted in writing via email to:

Terry Zenker at:

Terry.g.zenker@usace.army.mil

Offerors shall submit inquiries not later than 10 days prior to solicitation closing in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary. Those who submit an inquiry will receive answers via email after they have been reviewed by the USACE technical team. Offerors are advised to review the solicitation in its entirety and to review all previously submitted questions and responses prior to submitting a new inquiry.

3-08-21 Q&A is closed

2. A offeror must provide a price on line items 0001 through 3001 in this solicitation to be eligible for award.

The Government will award on an “All or None” basis. Evaluation of bids/offers will be based upon only the total price included on the pricing schedule for all items

3. RESPONSIBILITY DETERMINATION. In accordance with Federal Acquisition Regulation (FAR) Subpart 9.1, the apparent low bidder will be requested to provide the following information:

a. A detailed description of the work to be self-performed and resources available to demonstrate the firm is capable of complying with: 52.219-14, Limitations on Subcontracting.

b. Financial Statements, including balance sheets that identify major categories of assets, liabilities, and owner’s equity; and profit and loss statements for the past three (3) years.

c. A Bank Certification of Financial Capability (line of credit).

Before a quote is considered for award, the offeror may be requested by the Government to submit a statement regarding their previous experience in performing comparable work, their business and technical organization, financial resources, and plant available to be used in performing the work. This information (if requested) must be received by the Contracting Officer within five (5) business days and will be treated as confidential commercial or financial information to the extent permitted by law under exemption 4 to the Freedom of Information Act, 5 U.S.C. § 552(b)(4). The financial statements should be not over 60 days old.

If over 60 days old, a certification should be attached stating that the financial condition of the firm is substantially the same or, if not the same, the changes that have taken place.

4. All extensions of the unit prices shown will be subject to verification by the Government. In case of a discrepancy between the unit price and the extension, the unit price will govern.

(a) For the purpose of initial evaluation of bids, the following will be utilized in resolving arithmetic discrepancies found on the face of bidding schedule as submitted by the bidder:

(1) Obviously misplaced decimal points will be corrected;

(2) Discrepancy between unit price and extended price, the unit price will govern;

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

Apparent errors in addition of lump sum and extended prices will be corrected

(b) For the purpose of quote evaluation, the Government will proceed on the assumption that the offeror intends its quote 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.

5. All Quantities are estimated except where unit is given as "EA" (each) or "JOB" (job).

6. All Quotes will be provided in English, using U.S. currency, rounded to the whole penny.

7. This solicitation and any forthcoming amendments will only be available on www.beta.sam.gov.

It is recommended that each registered firm check this website periodically for updates.

8. UNBALANCED BIDS. The government may reject as non-responsive any quote that is materially unbalanced between contract line item numbers or sub-items on the bidding schedule. A quote is materially unbalanced when it is based on prices that are significantly less than cost for some work and significantly more than cost for other work. A materially unbalanced bid may be rejected if the Contracting Officer has a reasonable doubt as to whether the quote will result in the lowest overall cost to the government even though it may be the low evaluated quote. Additionally, a quote that is unbalanced so as to be tantamount to an advance payment will be rejected as non-responsive even if acceptance of the quote would result in the lowest overall cost to the government. Reference is made to paragraph (d) of clause 52.214-19, “Contract Award – Sealed Bidding – Construction.”

The contractor is required to arrange a CP Railway Flagman and incur the cost of the flagman for this contract. The approximate cost per day is $1200.00, and hours may limited. It is incumbent on the contactor to incorporate the costs for this service into their pricing and arrange all times for these services. The contact for this information at CP Railway is: Matt Miller matthew_miller@cpr.ca 612-330-4556

**Contractor shall be responisble to acquire all necessary permits Winona County Contact: Kay Qualley, Planning & Environmental Services Director (507.457.6337) for Winona County

BID SUBMISSION & BID OPENING

COVID-19 BID SUBMISSION AND BID OPENING PROCEDURES

The COVID-19 pandemic situation has impacted the U.S. Army Corps of Engineers (USACE) St. Paul District’s ability to conduct Acquisition processes through normal practices. The following change is intended to assist in the continuation of the acquisition process in a transparent manner. These changes will allow bidders to submit a bid and participate in a public bid opening, while ensuring compliance with social distancing amid the COVID-19 pandemic.

In order to meet the challenges and guidelines associated with social distancing, USACE, St. Paul District has transitioned from an in-person bid opening to a Telephone Conference bid opening.

a). BID SUBMISSION (HAND-CARRIED OR MAIL – authorized transmission methods) The sealed, hand-carried or mailed, bid envelope containing the bid package must be annotated on the outside of the envelope as follows:

Bidders Name Bidders Address Solicitation Number: W912ES21Q0004, Homer Trucking Unload Bid Receipt Date: 18 March 2021 (or as amended) Bid Receipt Time: 1:00pm Central

HAND-CARRIED BIDS: Public access to USACE St. Paul District Headquarters, 180 5th Street, Suite 700, St. Paul, MN 55101 is currently restricted to the entrance vestibule located on 5th Street in downtown St. Paul. However, hand-carried bids will still be accepted between the hours of 8:00am and 4:30pm on 15, 16 and 17 March 2021, and between 8:00am and 1:00pm on 18 March 2021. Once you have arrived at the entrance vestibule located on 5th Street, call 651-290-5725 or 651-290-5291, and an individual from the Contracting Division Office will then meet you to accept the bid package.

MAILED BIDS: Bids may be mailed to ensure receipt by USACE before the sealed bid due date and time at the following mail address:

Contracting Division Attn: Gwen Davis (IFB No: W912ES21Q0004) USACE - ST. PAUL

180 5TH STREET E SUITE 700

ST. PAUL MN 55101-1678

Sealed bids received at the designated location after the required due date and time may be rejected. See Federal Acquisition Regulation Part 14.304.

b.) BID OPENING To participate in the public Telephone Conference sealed bid opening on Thursday, March 18, 2021 at 1:00pm: Join by phone USACE Contracting will be on the line starting at 12:50pm to take attendance prior to bid opening

Join by meeting number

Meeting number (access code): 199 687

Meeting password: RAsBHx5n$33

SECTION 00 70 00 - CONDITIONS OF THE CONTRACT

The following have been added by full text:

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC 2018)

(a) Definitions. As used in this clause--

Contract financing payment means an authorized Government disbursement of monies to a contractor prior to acceptance of supplies or services by the Government.

(1) Contract financing payments include--

(i) Advance payments;

(ii) Performance-based payments;

(iii) Commercial advance and interim payments;

(iv) Progress payments based on cost under the clause at Federal Acquisition Regulation (FAR) 52.232-16, Progress Payments;

(v) Progress payments based on a percentage or stage of completion (see FAR 32.102(e)), except those made under the clause at FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, or the clause at FAR 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts; and

(vi) Interim payments under a cost reimbursement contract, except for a cost reimbursement contract for services when Alternate I of the clause at FAR 52.232-25, Prompt Payment, is used.

(2) Contract financing payments do not include--

(i) Invoice payments;

(ii) Payments for partial deliveries; or

(iii) Lease and rental payments.

Electronic form means any automated system that transmits information electronically from the initiating system to affected systems.

Invoice payment means a Government disbursement of monies to a contractor under a contract or other authorization for supplies or services accepted by the Government.

(1) Invoice payments include--

(i) Payments for partial deliveries that have been accepted by the Government;

(ii) Final cost or fee payments where amounts owed have been settled between the Government and the contractor;

(iii) For purposes of subpart 32.9 only, all payments made under the clause at 52.232-5, Payments Under Fixed- Price Construction Contracts, and the clause at 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts; and

(iv) Interim payments under a cost-reimbursement contract for services when Alternate I of the clause at 52.232-25, Prompt Payment, is used.

(2) Invoice payments do not include contract financing payments.

Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract or task or delivery order.

Receiving report means the data prepared in the manner and to the extent required by Appendix F, Material Inspection and Receiving Report, of the Defense Federal Acquisition Regulation Supplement.

(b) Except as provided in paragraph (d) of this clause, the Contractor shall submit payment requests and receiving reports in electronic form using Wide Area WorkFlow (WAWF). The Contractor shall prepare and furnish to the Government a receiving report at the time of each delivery of supplies or services under this contract or task or delivery order.

(c) Submit payment requests and receiving reports to WAWF in one of the following electronic formats:

(1) Electronic Data Interchange.

(2) Secure File Transfer Protocol.

(3) Direct input through the WAWF website.

(d) The Contractor may submit a payment request and receiving report using methods other than WAWF only when-

(1) The Contractor has requested permission in writing to do so, and the Contracting Officer has provided instructions for a temporary alternative method of submission of payment requests and receiving reports in the contract administration data section of this contract or task or delivery order;

(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System);

(3) DoD makes payment on a contract or task or delivery order for rendered health care services using the TRICARE Encounter Data System; or

(4) The Governmentwide commercial purchase card is used as the method of payment, in which case submission of only the receiving report in WAWF is required.

(e) Information regarding WAWF is available at https://wawf.eb.mil/.

(f) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

(End of clause)

The following have been modified:

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) -

ALTERNATE I (APR 1984)

The Contractor shall be required to (a) commence work under this contract within Ten (10) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than .

All construction work (CLINs 0002 through 3001) shall be completed not later than 03/31/2022*.* *The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by 04/13/21. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

(End of clause)

(End of Summary of Changes)