A21_W912P820R0049_Am_0004.pdf

W912P820R0049

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 subject solicitation for West Shore Lake Pontchartrain Bottomland Hardw ood Mitigation Credits is hereby amended as follow s:

1. To add Cow Branch Coastal to the Mitigation Bank Name Table.

2.. To delete the scope of w ork in its entirety and replaced w ith the attached..

1. CONTRACT ID CODE PAGE OF PAGES

J 1 7

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

16C. DATE SIGNED

BY 03-Sep-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 W912P820R0049

X 9B. DATED (SEE ITEM 11)

18-Aug-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

03-Sep-2020

CODE

USACE, CONTRACTING DIVISION

ATTN: CEMVN-CT, ROOM 172

7400 LEAKE AVE.

NEW ORLEANS LA 70118-3651

W912P8 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

(End of Summary of Changes)

The following items are applicable to this modification:

AMENDMENT 0003

MITIGATION BANK CREDITS

West Shore Lake Pontchartrain

Bottomland Hardwood U.S. Army Corps of Engineers, New Orleans District

Scope of Work

1. INTRODUCTION

The New Orleans District, US Army Corps of Engineers (CEMVN) seeks to purchase Bottomland Hardwood (BLH) mitigation bank credits located in the Lake Pontchartrain Basin watershed, as specified below, to compensate for unavoidable habitat losses caused by the construction of the West Shore Lake Pontchartrain (WSLP), Louisiana Project, within the Louisiana coastal zone (CZ).

As part of CEMVN’s plan to mitigate for unavoidable impacts to CZ BLH habitat caused by construction of the WSLP Project, CEMVN will purchase BLH mitigation bank credits able to mitigate CZ impacts (Louisiana Department of Natural Resources approved) to compensate for impacts in the Lake Pontchartrain Basin. The bank(s) from which credits will be purchased will be selected through a competitive solicitation/award process. Any mitigation bank meeting the eligibility requirements and having the appropriate resource type of credits may submit a proposal to sell credits. CEMVN may enter into one or more contracts to purchase the amount of credits necessary to meet 100% of CEMVN’s need at the time of purchase; however, CEMVN may purchase a lesser quantity of credits than it requires. A separate contract shall be executed for each bank credit purchase. Award will be made utilizing the lowest price technically acceptable process.

2. MITIGATION REQUESTED

The CEMVN desires to acquire credits in the amount and type specified below:

LDNR-approved CZ BLH credits representing 293 average annual habitat units (AAHUs) to mitigate for BLH impacts caused or to be caused by construction of the WSLP Project in the Louisiana Coastal Zone.

3. MITIGATION BANK ELIGIBILITY

A mitigation bank must meet all of the following qualifications to be eligible to sell credits to satisfy the WSLP Project mitigation requirements. For the proposal to be considered responsive and for the offeror to be considered responsible, the mitigation bank shall:

be approved by CEMVN and in full compliance with its Mitigation Banking Instrument (MBI), its other legal instruments (such as its conservation servitude and its financial assurances) and the standards set forth in 33 CFR Part 332; and be physically located within the Lake Pontchartrain Basin, which is coextensive with Hydrologic Unit Codes (HUCs); 08090203, 08090202, 08090201, 08070205, 08070204, 08070203, and 08070202; and be physically located within the Louisiana Coastal Zone; and provide the habitat type that matches the habitat type being mitigated; and have available mitigation credits assessed using version 1.2 of the Wetland Value Assessment (WVA) Community Model to compensate for the impacts to the particular habitat to be mitigated; and have a duly-recorded perpetual conservation servitude/easement.

Models used for Civil Works projects are required to be certified by Headquarters USACE Model Certification Panel and comply with the certification criteria presented in EC 1105-2-412.

Version 1 .2 of the WVA BLH Community Model has been certified and this model was used to assess compensatory mitigation credit values.

To facilitate the solicitation process, CEMVN, in conjunction with the U.S. Fish and Wildlife

Service, has run version 1.2 of the WVA on the approved banks in the Lake Pontchartrain Basin with CZ BLH credits based on information provided by the bank sponsors during the bank approval process. The Wetland Value Assessment Model results are included below:

Mitigation Bank Name

BLH Mit Potential

(AAHU/Acre) Belle Pointe Coastal MB 0.63 Cow Branch Coastal

0.56 Timberton II 0.64 Timberton III 0.64

Special Conditions

a) An offeror may submit a proposal to sell fewer credits than the total amount of mitigation credits sought for each habitat type.

b) The CEMVN may enter into one or more contracts to purchase the needed amount of mitigation credits. A separate contract shall be executed for each bank. CEMVN may purchase fewer credits than the total mitigation need.

c) In order for the CEMVN to acquire the credits needed to satisfy its mitigation obligations, the CEMVN may accept proposals from one or more offerors, resulting in the lowest cost combination that fulfills the mitigation requirements and is the best value to the Government, as determined by the CEMVN. Award will be made utilizing the lowest price technically acceptable source selection process.

4. SUBMITTALS

All interested mitigation banks that meet the above eligibility requirements are invited to submit a proposal consisting of appropriate documentation demonstrating eligibility and must include:

1) Completed SF 1449, to include name, address, telephone number, and CAGE code; and

2) Completed pricing schedule including the number of credits offered to sell for the habitat type, price per credit, and extended total; and

3) Map showing bank location; and

4) Signed copy of the Mitigation Purchase Agreement, which would be returned fully executed if the bank(s) is selected for award; and

5) A copy of the mitigation bank’s current ledger information from the U.S. Army Corps of Engineers' Regulatory In-Lieu Fee and Bank Information Tracking System (RIBITS) website showing the number of credits available for sale.

The mitigation bank shall submit all of the above information for a proposal to be considered responsive and acceptable. Proposals omitting necessary information will be deemed non-responsive and, therefore will not be evaluated. The mitigation bank’s credit availability is subject to verification once all proposals are received. Please be advised that Released Credits from an approved mitigation bank offered in response to this request for proposal (RFP) must satisfy the mitigation requirement of this RFP.

5. INSTRUCTIONS TO OFFERORS:

Due to the response for COVID-19, most federal employees have been mandated to telework, and currently only authorized personnel are allowed access to the District buildings throughout USACE. As a result, we have implemented the below procedures for all current and future proposal submittals, until such restrictions have been lifted and normal access has resumed at the MVN HQ Building.

Electronic Submission of Proposals:

MVN will utilize the DoD Safe website for receipt of electronic proposals under RFP Solicitations. In order to submit an electronic proposal, please follow these steps:

1. The Contracting Officer or Contract Specialist will go to the DoD Safe site, input your name and email address, and then will request your proposal file from you, five(5) days prior to proposal due date. NOTE: Link will expire seven (7) days after receipt.. You will then receive an automated email from the site with a unique link in the email.

2. Once the email with the link is received, please click on the link in the email, which will take you to the DoD Safe site.

3. This will be a unique webpage where you can upload your file. The default page will load with the box checked off next to, “Send me an email when each recipient picks up the files”. Please leave this box checked in order to receive a notification when the file is received from the Contracting Officer or Contract Specialist. Please leave unchecked, “Encrypt every file”. The site itself contains a high level of security in which additional encryption is not required.

4. When you are ready to upload your proposal file (please use pdf format for proposal submission), you can either click the blue button which says, “Click to Add Files or Drag Them Here” to locate the file on your computer, or simply drag the file onto the screen.

5. In the Description box that appears after uploading your file, please type your Company Name

6. Click the button that appears at the bottom of the page, “Drop-off Files”. A banner will popup asking for confirmation that your upload does not contain Classified Information.

Click ok on the banner.

7. You will be taken to a confirmation page that should say, “Drop-Off Completed” at the top. This is your confirmation that your file was successfully uploaded to the site.

8. The Contracting Officer or Contract Specialist will receive an automated email stating that the file has been submitted. They will then send an email back to the company, confirming that they received the notice from the DoD Safe site.

The due date for proposals is currently scheduled for Tuesday, 22 September 2020 at 10:00 AM CST. All proposal received after 10:00 AM CST on Tuesday, 22 September 2020 will be considered late.

6. DELIVERABLE

Signed letter from the bank releasing credits from the bank to CEMVN within 10 days after contract award and the return of the fully executed Purchase Agreement via email to:

Contracting Officer – Mr. Christopher M. Nuccio, email:

christopher.m.nuccio@usace.army.mil Contract Specialist – Ms. Edith M. Brandon, email:edith.m.brandon@usace.army.mil

Requests for additional information as well as any questions pertaining to this solicitation shall be submitted in writing via email to Edith M. Brandon (edith.m.brandon@usace.army.mil) and Christopher M. Nuccio (c hristopher.m.nuccio@usace.army.mil) before the deadline of 10:00 am CST, 15 September 2020. Any questions submitted after the deadline will NOT be answered.

To respond to the Coronavirus Disease 2019 (COVID-19) national emergency, (Deviation 2020

– O0016), states that to provide flexibility with regard to original documents, manual signatures, seals, and notarization in order to facilitate certain essential contracting procedures, NOTE: (FAR 52.204-7) In accordance with FAR 4.1102, prospective offerors shall be registered in the Department of Defense “System for Award Management” (SAM) database at the time of submission of its offer. By regulation, no DOD contract can be awarded to any offeror that is not registered in the Department of Defense SAM, formally the CCR database. If your company is not registered in SAM you may do so by going to: http://www.sam.gov. You may be required to provide your company’s Dun and Bradstreet (DUNS) number or the new unique entity identifier (UEI) issued by the GSA through Ernst and Young’s SAM Managed Identifier (SAMMI) within SAM for doing business with the Government. If you don’t have a

D&B number or UEI, one can be obtained by calling D&B at (800) 333-0505 or through GSA’s Integrated Award Environment.

Specifically, when obtaining financial protection against losses under contracts per FAR part 28—

Electronic signatures and electronic, mechanically-applied, or printed dates may be used and shall be considered original signatures and dates, without regard to the order in which they areaffixed for all of part 28, not just 28.101-3;

A corporate seal is not required on any form listed at FAR 28.106-1;

The signed statement by the contractor that payment is due and owed referenced at FAR 28.106- 8 is not required to be notarized;

The Standard Form 28 executed by the individual surety pursuant to FAR 28.203(b) is not required to be sworn and notarized as indicated on the form;

A written authorization of the release signed by the surety is acceptable, in lieu of the notarized authorization of release by the surety required by FAR 28.203-5(a); and Use the following deviation clauses, in lieu of the corresponding FAR clauses:

52.228-11, Pledges of Assets (DEVIATION 2020-O0016), which removes the requirement for the Standard Form 28 to be sworn and notarized.