AM 0001 (SAM).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 above numbered solicitation for Levee Surface Material Limestone purchase for Simmesport and 4 other locations, is hereby amended as follow s:

1) Provides Government responses to Offeror(s) questions submitted prior to the established Q&A deadline.

2) Provides revisions to the solicitation as stated on the follow ing continuation pages.

Please be sure to submit any and all amendments w ith your proposal submission.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 7

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

16C. DATE SIGNED

BY 27-Jan-2022

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 W912P822R0019

X 9B. DATED (SEE ITEM 11)

10-Jan-2022

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

27-Jan-2022

CODE

CONTRACTING DIV- CHIEF

7400 LEAKE AVENUE, ROOM 172

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:

W912P822R0019

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The standard size code has changed from $30,000,000 to 750.

The following have been added by full text:

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed Price contract resulting from this solicitation.

(End of provision)

52.228-16 PERFORMANCE AND PAYMENT BONDS-OTHER THAN CONSTRUCTION (APR 2020)

(DEVIATION 2020-O0016)

(a) Definitions. As used in this clause—

Original contract price means the award price of the contract or, for requirements contracts, the price payable for the estimated quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity.

Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) The Contractor shall furnish a performance bond (Standard Form 1418), except that a seal is not required) for the protection of the Government in an amount equal to 100% percent of the original contract price and a payment bond Standard Form 1416, except that a seal is not required) in an amount equal to 100% percent of the original contract price.

(c) The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within 10 days, but in any event, before starting work.

(d) The Government may require additional performance and payment bond protection if the contract price is increased. The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bonds or to obtain additional bonds.

(e) The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register, or may be obtained from the U.S. Department of the Treasury, Financial Management Service, Surety Bond Branch, 3700 East West Highway, Room 6F01, Hyattsville, MD 20782. Or via the internet at http://www.fms.treas.gov/c570/.

(End of clause)

(End of Summary of Changes)

The following items are applicable to this modification:

AM 0001

Offeror Questions and Government Responses:

Question: There doesn't seem to be a Bid Bond requirement in this package. For a requirement this size, it is probably in the government's best interest to include a bid bond request. Will a bid bond be required?

Response: FAR 52.228-16, Performance and Payment Bonds-Other than Construction, has been incorporated into the solicitation.

Question: There doesn't seem to be a SF1449 in this package. Will a SF1449 be required? or provided before bid date?

Response: This is a combined synopsis/solicitation for a commercial supply procurement prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. The published announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Please include and submit your firm’s pricing on the Price Schedule provided therein.

Question: What type of trucks are required?

Response: The size and type of the trucks depends on the Contractor’s preference.

Question: How many trucks are required?

Response: The number of trucks depends on the sizes chosen by the Contractor.

Question: If utilizing a barge what size barge is required?

Response: The size of the barge depends on the Contractor’s preference.

Question: What size trucks are required?

Response: The size and type of the trucks depends on the Contractor’s preference.

Question: The solicitation states that the stone source must be manufactured/produced by a Small Business, but does not identify the NAICS code or applicable size standard used to determine whether the stone source/manufacturer is a small business. Is the applicable NAICS code 212312 - Crushed and Broken Limestone Mining and Quarrying?

Response: The initial NAICS code 484220 (Specialized Freight (except Used Goods) Trucking, Local, utilized for this solicitation has been revised to reflect the NAICS code 212312 (Crushed and Broken Limestone Mining and Quarrying). Size standards in number of employees is 750.

Question: Has the SBA issued a class waiver of the Non-Manufacturer Rule for these materials?

Response: No. NAICS Code 212312 is not found on the list of Class waivers issued by the

SBA.

Question: If the SBA has not issued a class waiver for these materials, has the Contracting Officer asked the SBA for an individual waiver for this project pursuant to 13 CFR Section 121.406?

Response: No individual waiver was requested for NAICS Code 212312.

Question: Under the Non-Manufacturer Rule (NMR) referenced in the solicitation, the successful offeror will be purchasing the materials from a stone source/manufacturer that is a small business. Has the Contracting Officer considered requiring the successful offeror to provide a payment bond to protect the interest of the small business stone source?

Response: FAR 52.228-16, Performance and Payment Bonds-Other than Construction, has been incorporated into the solicitation.

Question: I do not see a standard form 1442 in the solicitation package on SAM.gov. Will one be issued? Do you have a copy of the proposal requirements as we do not see them listed in the solicitation? We want to make sure all requirements are met.

Response: This is a combined synopsis/solicitation for a commercial supply procurement prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. The published announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Please include and submit your firm’s pricing on the Price Schedule provided therein. The combined synopsis/solicitation published onto SAM.gov on 10 January 2022, provides all of the specifications required for the subject procurement. In addition, please reference the continuation pages therein this amendment for further guidance.

Question: Can you please find out if we had to bid on all 5 places to deliver the crushed limestone or can we choose which one we would like to commit to out of the 5 locations?

Response: The Offeror shall provide their pricing for all line items on the Price Schedule.

Offeror(s) are encouraged to visit all 5 delivery sites prior to submission of proposal.

Question: How did you ascertain and come to the conclusion that this WOSB set aside makes sense as to the sufficient number of potential offerors?

Response: As approved by SBA, this requirement remains 100% WOSB set-aside.

Question: What standards are applicable to determine/verify manufacturer SB size?

Example, will it be the same as with the Prime itself, $30m annual?

C-9 STONE SOURCES. Stone source (s) must be manufactured/produced by a Small Business due to the Non-Manufacturer Rule (NMR). It must also be a product of the United States. Stone of foreign origin is not allowed. Only stone that meets the quality requirements of this specification will be considered for acceptance.

Response : The amended NAICS code 212312 (Crushed and Broken Limestone Mining and Quarrying) provides size standards in number of employees as 750. These standards are in effect for the Prime contractor, as well as the subcontractors. Please reference the continuation pages therein this amendment.

Inquiry: A contradiction here C-1 SCOPE OF WORK. The work covered by this section consists of furnishing all plant, labor and materials and performing all work necessary to obtain and deliver graded crushed stone to the five (5) delivery sites identified on the enclosed site maps. Delivery may be via barge or truck, as indicated in the Section B. Different delivery methods may be chosen for different sites, but the same method shall be used for all deliveries to any one particular site under this contract.

The work includes unloading the trucks or barges and placing the stone in the designated stockpile location(s) at each delivery site, including shaping the stockpile as necessary for stability, as directed by the Contracting Officer or authorized Government representative.

Multiple award may be made, but to no more than one contractor per delivery site.

The basis of award will be Lowest Priced Offeror(s). Additionally, Offerors must quote on all items to be eligible for award. The Government will award one (1) contract resulting from this solicitation to the responsible Offeror(s) whose Offer conforms to ALL requirements of the solicitation.

Response: The Government will award one (1) contract to the Lowest Price Offeror.

Question: How is this fair and open competition for such a large dollar contract?

Response: As approved by SBA, this requirement remains 100% WOSB set-aside.

Question: How would they pass muster as to past performance?

Response: Past performance will not be an evaluation factor. Please reference the continuation pages therein this amendment.

Inquiry: Arbitrary WOSB set aside

Response: As approved by SBA, this requirement remains 100% WOSB set-aside.

Inquiry: Non manufacturer rule, no foundation

Response: NAICS Code 212312 is not found on the list of Class waivers issued by the SBA. No individual waiver requested for NAICS Code 212312.

Inquiry: No allowance for REA or cost adjustment 365 day project.

Response: The Government intends to award as a Firm Fixed Price Type Contract.

Inquiry: One award per site vs one award all sites contradiction-

Response: There will be only one (1) award made from this Solicitation.

AMENDMENT 0001 – SOLICITATION REVISIONS:

The amended designated NAICS code is 212312, (Crushed and Broken Limestone Mining and Quarrying). Size standards in number of employees is 750.

Refer to the General Instructions to Offerors section of the solicitation. Remove previous version in its entirety, and replace with the version within this amendment.

General Instructions to Offerors

All Offerors MUST be registered in SAM as a Women-Owned Small Business under NAICS code 212312 to be considered for award. If you are not registered with SAM, you may contact the SAM Help Desk at 1- 866-606-8220 or register on-line at http://sam.gov.

IAW 5.203, Publicizing and Response time. The contracting officer should consider the circumstances of the individual acquisition, such as complexity, availability, and urgency, when establishing the solicitation response time. Proposals are to be received via e-mail no later than 10:00 AM (Central Standard Time) on 9 February 2022. (Your E-mail submission must be checked and determined to be "virus-free" prior to submission). The Government requires your proposal remain valid for 60 calendar days from date of submission, and any questions regarding this synopsis/solicitation, shall be submitted by e-mail to the Contract Specialist, Anedra Baldwin at Anedra.A.Baldwin@usace.army.mil no later than 10:00 AM (Central Standard Time) on 24 January 2022. The Government is under no obligation to provide a response to late questions.

The basis of award will be to the Lowest Priced Offeror. Additionally, Offeror(s) must quote on all items to be eligible for award. An Offeror shall also provide the name of the limestone sources (limestone quarry company name, address, and phone number).

Refer to the Price Schedule within the solicitation. Revised note reflects the following:

NOTE: Offeror(s) are encouraged to visit all 5 delivery sites prior to submission of proposal.

All applicable line items shall include taxes, freight, and fees.

Refer to Section C – Statement of Work within the solicitation. Remove previous version in its entirety, and replace with the version within this amendment.

Section C –Statement of Work

C-1 SCOPE OF WORK. The work covered by this section states the Contractor shall furnish all plant, labor, equipment, and materials to perform all the work necessary to obtain and deliver graded crushed stone to the five (5) delivery sites identified on the enclosed site maps.

Delivery may be via barge or truck, as indicated in the Section B. Different delivery methods may be chosen for different sites, but the same method shall be used for all deliveries to any one particular site under this contract. The work includes unloading the trucks or barges and placing the stone in the designated stockpile location(s) at each delivery site, including shaping the stockpile as necessary for stability, as directed by the Contracting Officer or authorized Government representative.

Refer to Section F– Contract Performance, subsection F-2 – Notice to Allow Delivery within the solicitation. Remove previous version in its entirety, and replace with the version within this amendment.

F-2 NOTICE TO ALLOW DELIVERY. After the Contractor has provided all required documentation and the Contracting Officer determines that all submissions are acceptable, the Contractor will be given Notice to Proceed. The Contractor may begin to deliver stone after this date. All deliveries shall be coordinated with the COR or authorized Government representative.

Refer to Section G– Contract Administration Data, subsection G-4 – Points of Contacts for Site Visits within the solicitation. Remove previous version in its entirety, and replace with the version within this amendment.

G-4 POINTS OF CONTACT FOR SITE VISIT. Site visits shall be arranged by the assigned COR for this procurement, namely:

Mr. John Page Cell: (504) 390-5869 John.R.Page@usace.army.mil

Remove Section M – Evaluation Factors for Award in its entirety, from the solicitation.