W912ES24Q0090 Amendment.pdf

W81G6741594589

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 solicitation close, provide answ ers to vendor submitted questions, and provide an addendum to the offer evaluation factors in provision 52.212-2. Offerors must acknow ledge receipt of this amendment for their offers to be considered for aw ard.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 5

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

16C. DATE SIGNED

BY 26-Jun-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 W912ES24Q0090

X 9B. DATED (SEE ITEM 11)

07-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 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

26-Jun-2024

CODE

CONTRACTING DIVISION

USACE, ST PAUL

332 MINNESOTA STREET

SUITE E1500

ST 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:

W912ES24Q0090

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been added by full text:

QUESTIONS & ANSWERS

The questions below were submitted by interested parties. The answers in red are the responses from the U.S. Army Corps of Engineers – St. Paul District Real Estate Division. Questions and answers have been edited for clarity.

1. Does USACE have a copy of the lease with Holcim/Aggregate Industries and will this be provided to the appraiser?

No, USACE does not have a copy of the lease Agreement. However, we do have a “Memo” of Lease Agreement that was filed with County Recorder’s Office on 4-May-2001, as Document Number 3154864.

2. Does USACE anticipate that the owner and tenant will be cooperative in providing requested data to assist in the valuation process?

It is unknown if the landowner and tenant will be cooperative at this point. It is speculated that the landowner may not be cooperative. However, the tenant may be cooperative unless otherwise instructed by the owner.

3. Under property rights appraised, it states the property to be acquired will be fee simple title but “excepting and excluding from the taking all interests in gravel which are outstanding in parties other than the surface owners and all appurtenant rights for the exploration, development, and removal of said gravel”. It further states in the SOW that “Although the flooded pit area is reportedly depleted of economically recoverable gravel product, the appraiser shall perform research and evaluation of how much material, if any, remains that is financially feasible to mine within the proposed USACE acquisition area”. These two statements seem to contradict one another and only the tenant will be able to answer that question. The Lessee has completed excavation in this area.

It is believed that the Lessee has completed excavation in this area. The Lessee may be able to provide information (if willing) on whether there is gravel left that has economic value. If there is any material to be mined, USACE would allow the Lessee to mine the material.

4. Does USACE sell dredge materials at other locations where it is currently being deposited?

No.

5. Who and when will any legal issues be determined such as Navigational Servitude?

Please refer to the Statement of Work, Legal Issues, Starting on Page 8, under the “Legal Issues” Section: The subject property to be appraised is partially located within a navigable waterway, and therefore involves legal issues of Navigation Servitude. For purposes of governmental acquisition valuation, certain value issues are framed and directed by federal court decisions, and the Corps legal counsel’s instructions specific to this proposed acquisition action. USACE Office of Counsels renders the exercise of Navigation Servitude and its legal issues.

6. If excepting and excluding from the taking all interests in gravel which are outstanding in parties other than the surface owners and all appurtenant rights for the exploration, development, and removal of said gravel, why is it necessary to analyze how the proposed USACE acquisition may potentially impact the lessee’s operations?

USACE does not anticipate the lessee’s operation to be impacted. If there is material to mine, it is expected that the lessee will not fill up the mine in the near future. The appraisers market research will make a final determination.

7. The SOW states “The appraisal should discuss, based on reliable sources, whether the intended use by the government to deposit dredge material, will pose an environmental concern for the adjacent lands or not, and whether there will be future impact to the eventual development of adjacent remainder lands.” I am not aware of any appraiser qualified to determine whether deposited dredge material will pose an environmental concern so who will make that determination?

The U.S.Army Corps of Engineers conducts periodic testing of material we dredge. USACE will provide the appraiser with previous reports and testing material as requested, so they can make an informed decision on material being placed.

8. Item 9 raises a number of questions – which individuals will be made available to assist in answering these questions?

In reference to #9 of the SOW, on Page 12 and under “Special Appraisal Instructions,” Please refer to the lessee and/or the MN Department of Natural Resources Lands & Mineral as resources to assist in answering the questions capture in section #9.

9. Is this a new requirement or a follow-on to a previous contract?

This is a new requirement.

10. Are aggregate mining reports available for the properties on Lower Grey Cloud Island?

The U.S. Army Corps of Engineers – St. Paul District Real Estate Division Chief suspects mining reports exist, but have not been shared with USACE. This information is something the appraiser would need to attempt to secure directly from the mining company. There is no guarantee that the mining company would provide said reports, and there are no ways known at this time to compell them to do so.

The following have been modified:

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

i. Recent & Relevent Experience

ii. Past Performance

iii. Special Knowledge and Experience Involving Aggregate Mining Industry

iv. Price

Recent & Relevant Experience, Past Performance, and Special Knowledge of Aggregate Mining… when combined are more important than price when making an award decision.

(b.) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Addendum to Evaluation Factors

Factor i. Recent & Relevent Experience:

The appraiser is required to provide verifiable evidence of general and technical appraisal experience within his/her statement of qualifications, a resume, and/or curriculum vitae. Please identify experience appraising rural land, properties used for mining, other similar property types; as well as recent experience working with the federal government regarding acquisitions, dispositions, and commercial services.

The appraiser’s resume or statement of qualifications should show geographical competency. If the appraiser has experience with these property characteristics, but not in the market local to the subject property, then they must so-state this fact and demonstrate his/her experience in other areas as well as the actions proposed that will allow them to complete the assignment competently.

A designation from a recognized professional appraisal organization will be considered but is not required.

If the appraiser is a member of a professional organization, this should be identified in the statement of qualifications or resume with the name of the organization, and the level, type, or category of such membership.

Factor ii. Past Performance:

Submit a list of similar USPAP/UASFLA, projects that you have performed in the last five (5) years.

Include property type, general location, agency, contact information, etc. Verifiable UASFLA experience in the past five years is required.

Provide comparable sale write up sheets for two property types that demonstrate typical reporting levels for you work. Recall that these appraisals are required to conform to UASFLA.

Past Performance Appraisals and Integrity Reports in CPARS, and informal inquiries made to customers of past Federal customers for similar contracts will be used to evaluate past performance.

Factor iii. Special Knowledge and Experience Involving Aggregate Mining Industry

Please provide a letter detailing the appraiser’s special knowledge and experience involving the aggregate mining industry. This can include, but is not limited to, academic qualifications, previous work experience, past appraisals involving aggregate mining operations, and professional organization memberships. Please provide sufficient details (dates, company names, point of contact information, etc.) so that this information is verifiable.

Factor iv. Price

The price quoted on the form SF1449 is a firm-fixed price quote and shall be full compensation for all work required to complete the assignment described in the Statement of Work (SOW).

If a prompt payment discount is offered, please insert the terms (e.g. “5%/15 Days) in Block 12 – Discount Terms of page 1 of the SF1449. Otherwise the standard payment terms for commercial services in clause 52.212-4(c) (i.e. Net 30 days) apply.

Please have a person with contractual authority for your firm sign block 30a, print their name and title in block 30b, and date block 30c of the SF1449.

(End of provision)

(End of Summary of Changes)