W912ES23B00030001.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

The reason for this amendment is to clarify the total funding available for construction is $6M, update clauses, and to update the bid opening call in information.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 11

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

16C. DATE SIGNED

BY 17-Jul-2024

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 W912ES24B0003

X 9B. DATED (SEE ITEM 11)

24-Jun-2024

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

17-Jul-2024

CODE

CONTRACTING DIVISION

USACE, ST PAUL

332 MINNESOTA STREET

SUITE E1500

SAINT PAUL MN 55101-1323

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912ES24B0003

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION

The required performance has changed from Lac Qui Parle (LQP) Emergency Spillway Repair Construction. The LQP Dam is approximately seven (7) Minnesota River miles upstream of Montevideo, in Watson, Chippewa County, Minnesota. The dam embankment and emergency spillway are adjacent to and west of the control structure dam between the control structure and the intersection of LQP County Road 75. The crest of the spillway is the bituminous paving of LQP County Road 33. The construction project requires, but is not limited to, replacement of the existing grouted riprap with a reinforced concrete spillway slab with upstream and downstream keys and sheetpile cutoff wall, removal and replacement of asphalt surfacing, traffic control, and a temporary flood protection system.This solicitation is issued as an Invitation for Bid (IFB) in accordance with FAR Part 14 Sealed Bidding procedures. It is 100% set aside for small business concerns.The Government funding limitation for this construction contract is $6,000,000 and cannot be exceeded.The NAICS code for this procurement is 237990 Other Heavy and Civil Engineering Construction with a size standard of $45,000,000.Payment and Performance Protection are required in accordance with FAR Part 28. to Lac Qui Parle (LQP) Emergency Spillway Repair Construction. The LQP Dam is approximately seven (7) Minnesota River miles upstream of Montevideo, in Watson, Chippewa County, Minnesota. The dam embankment and emergency spillway are adjacent to and west of the control structure dam between the control structure and the intersection of LQP County Road 75. The crest of the spillway is the bituminous paving of LQP County Road 33. The construction project requires, but is not limited to, replacement of the existing grouted riprap with a reinforced concrete spillway slab with upstream and downstream keys and sheetpile cutoff wall, removal and replacement of asphalt surfacing, traffic control, and a temporary flood protection system.This solicitation is issued as an Invitation for Bid (IFB) in accordance with FAR Part 14 Sealed Bidding procedures. It is 100% set aside for small business concerns.The Government funding limitation for this construction contract is $6,000,000.00 and cannot be exceeded.The NAICS code for this procurement is 237990 Other Heavy and Civil Engineering Construction with a size standard of $45,000,000.Payment and Performance Protection are required in accordance with FAR Part 28..

SECTION 00 21 13 - INSTRUCTIONS TO BIDDERS

The following have been modified:

INSTRUCTION TO BIDDERS

INSTRUCTIONS TO BIDDERS

1. BIDDER INQUIRIES. Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must submit their questions using the ProjNet system at https://www.projnet.org

Clause 52.214-6 requires that all inquiries be submitted in writing. To submit a new inquiry or to view inquiries submitted by other prospective bidders, users must be registered and signed into the ProjNet system . Bidders may register online at https://www.projnet.org (click on “Register”). The following information will be needed to submit or view bidder inquiries:

Managing Agency: USACE The Solicitation Number is: W912ES24B0003 The Bidder Inquiry “Key” Number is: GUG57J-T97ED9

Bidders shall submit inquiries not later than 10 days prior to bid opening 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 a system-generated email acknowledgement. All answers to inquiries will be posted in ProjNet after they have been reviewed by the USACE technical team. Bidders are advised to review the solicitation in its entirety and to review all previously submitted questions and responses prior to submitting a new inquiry.

2. SEALED BID SUBMISSION and BID OPENING INSTRUCTIONS.

a. SEALED BID SUBMISSION (HAND-CARRIED OR MAIL – authorized transmission methods)

The sealed, hand-carried, courier-delivered 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: W912ES24B0003 LQP Emergency Spillway Bid Receipt Date: As specified in block 13(A) or amended Bid Receipt Time: As specified in block 13(A) or amended

HAND-CARRIED or COURIER-DELIVERED BIDS: Public access to USACE St. Paul District Headquarters, 332 Minnesota Street, Suite E1500, St. Paul, MN 55101 is restricted to the entrance located on the 15th floor of the East tower. Hand-carried bids will be accepted by Government Contracting employees between the hours of 8:30am and 5:00pm on non-Federal holiday weekdays up to the bid due date and time. The security guard CANNOT sign for or accept a bid. If for some reason the building is locked or the guard is gone, please call 651-290-5409 or 651-290- 5444 and an individual from the Contracting Office will 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: Jesse Onkka (IFB No: W912ES24B0003)

USACE - ST. PAUL

332 Minnesota St. N., Suite 1500

ST. PAUL MN 55101-1323

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. SEALED BID OPENING

To participate in the public sealed bid opening at the date and time specified in block 13(A) or amended:

JOIN BY PHONE:

+1 601-262-2433

Meeting Number Access Code: 275 025 125#

Join on MS Teams:

https://dod.teams.microsoft.us/l/meetup-join/19%3adod%3ameeting_f42c7dd3724e4fdc90ad37b09ff1db8d%40thread.v2/0?context=%7b%22Tid%22%3a% 22fc4d76ba-f17c-4c50-b9a7-8f3163d27582%22%2c%22Oid%22%3a%2231f8f4b9-81bf-4c13-a869-b0a8d6a21d19%22%7d

Meeting ID: 993 964 563 694

Passcode: yYnQYm

USACE Contracting will be on the line starting 15 minuites pror to bid opening to take attendance.

IN PERSON:

Contractors to meet on the 15th floor near the elevators / guard desk and will be brought to the sealed bid opening room.

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).

Bidder qualification information, as referenced below, must be received by the Contracting Officer within two

(2) business days after the bid opening. This information 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. FACSIMILE OF BIDS AND MODIFICATIONS THERETO WILL NOT BE ACCEPTED.

5. This solicitation and any forthcoming amendments will only be available on https://SAM.gov. It is recommended that each registered firm check this website periodically for updates.

6. EVALUATIONS: The maximum amount available for this contract is $6,000,000. Bids must provide a unit price for CLINS 0001 through 0005, as well as a number of linear feet (LF) for CLIN 0003 Spillway Repair at the Bidder’s unit price for that CLIN. The total amount bid by each Bidder must not exceed $6,000,000.

Award will be made to the Bidder that bids the highest number of LF on CLIN 0003, with a total price within the not-to-exceed limit.

7. 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;

(4) Apparent errors in 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 its 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.

8. UNBALANCED BIDS. The government may reject as non-responsive any bid that is materially unbalanced between contract line item numbers or sub-items on the bidding schedule. A bid 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 bid will result in the lowest overall cost to the government even though it may be the low evaluated bid. Additionally, a bid that is unbalanced so as to be tantamount to an advance payment will be rejected as non-responsive even if acceptance of the bid 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.”

9. REQUIREMENT FOR BID GUARANTEE. Each bidder shall submit with its bid a Bid Bond (current version of Standard Form 24) with good and sufficient surety or sureties acceptable to the Government or other security as provided in the clause BID GUARANTEE in the form of twenty percent (20%) of the bid price or $3,000,000 whichever is lesser. The bid bond penalty may be expressed in terms of a percentage of the bid price or may be expressed in dollars and cents. The Bid Bond must be an original. Copies of Bid Bonds are not acceptable.

10. BIDDER QUALIFICATIONS. Before a bid is considered for award, 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, and plant available to be used in performing the work.

SECTION 00 45 00 - REPRESENTATIONS AND CERTIFICATIONS

The following have been modified:

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2024)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is $45,000,000.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

[ ] Paragraph (d) applies.

[ ] Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of biobased products in USDA-designated product categories; or include the clause at 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.)

This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies.

(C) If the acquisition value is $100,000 or more but is less than $102,280, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

The following included by full text have been revised:

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV 2023)

Substitute the following paragraphs (b), (d) and (e) for paragraphs (b) and (d) of the provision at FAR 52.204-8:

(b)(1) If the provision at FAR 52.204-7, System for Award Management, is included in this solicitation, paragraph

(e) of this provision applies.

(2) If the provision at FAR 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (e) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

__ (i) Paragraph (e) applies.

__ (ii) Paragraph (e) does not apply and the Offeror has completed the individual representations and certifications in the solicitation.

(d)(1) The following representations or certifications in the SAM database are applicable to this solicitation as indicated:

(i) 252.204-7016, Covered Defense Telecommunications Equipment or Services--Representation. Applies to all solicitations.

(ii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.

(iii) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.

(iv) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services--Representations.

Applies to solicitations for the acquisition of commercial satellite services.

(v) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.

(vi) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance will be in Italy.

(vii) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance will be in Spain.

(viii) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]

____ (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.

____ (ii) 252.225-7000, Buy American--Balance of Payments Program Certificate.

____ (iii) 252.225-7020, Trade Agreements Certificate.

____ Use with Alternate I.

____ (iv) 252.225-7031, Secondary Arab Boycott of Israel.

____ (v) 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program Certificate.

____ Use with Alternate I.

____ Use with Alternate II.

____ Use with Alternate III.

____ Use with Alternate IV.

____ Use with Alternate V.

____ (vi) 252.226-7002, Representation for Demonstration Project for Contractors Employing Persons with Disabilities.

____ (vii) 252.232-7015, Performance-Based Payments--Representation.

(e) The Offeror has completed the annual representations and certifications electronically via the SAM website at https://www.sam.gov. After reviewing the SAM database information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [Offeror to insert changes, identifying change by provision number, title, date____]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR/DFARS provision No.

Title Date Change

Any changes provided by the Offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications located in the SAM database.

(End of provision)

SECTION 00 70 00 - CONDITIONS OF THE CONTRACT

The following included by full text have been revised:

52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-

DESIGNATED ITEMS (MAY 2008)

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

Postconsumer material means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”

Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall--

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to (Contracting Officer complete in accordance with agency procedures).

(End of clause)

(End of Summary of Changes)