Solicitation W912P923B0003 - Amendment 0003.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 purpose of this amendment is to remove the Bid Bond/Guarantee language, as it is not required; and add clause 52.204-27. No other changes.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 7

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

16C. DATE SIGNED

BY 22-Jun-2023

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 W912P923B0003

X 9B. DATED (SEE ITEM 11)

06-Jun-2023

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

22-Jun-2023

CODE

CONTRACTING DIVISION

US ARMY ENGR DIST ST LOUIS

1222 SPRUCE STREET, RM 4.207

ST LOUIS MO 63103-2833

W912P9 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912P923B0003

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 00 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

The following have been modified:

SOLICITATION INFORMATION

A. PROJECT INFORMATION

PROJECT TITLE: Construction & Maintenance of River Structures on Mississippi River Miles 300.0 - 0.0 and Illinois River Miles 82.0 - 0.0 – USACE St. Louis District

TYPE OF SOLICITATION: Invitation for Bid (IFB) with Definitive Responsibility Criteria

TYPE OF CONTRACT: Firm-Fixed-Price Construction

DISCLOSURE OF THE ESTIMATED MAGNITUDE OF THE PROPOSED CONSTRUCTION

PROJECT: between $25,000,000 and $100,000,000 over a five year period.

NAICS CODE: 237990 – Other Heavy and Civil Engineering Construction

SIZE STANDARD: $45,000,000.00

COMPETITION: Full & Open (unrestricted)

WAGE DETERMINATION: MO20230001, IL20230015, IL20230016, and IL20230017, and their subsequent updates is applicable to this solicitation.

ATTACHMENTS:

1 – Specifications 2 – DOD Checklist for Reviewing Subcontracting Plans 3 – Plans – O&M Dogtooth Phase7 4 – Plans – NESP-ER Alton & Twin 5 – Plans – Island Creation

NOTE: The Plans (attachments 3-5) included in this Solicitation may not be all encompassing of the work to be performed under this IDIQ contract. However, they are for reference of expected work to be included in the initial task order(s). Each individual Task Order issued will include task order specific Plans.

B. INQUIRIES:

All technical inquires and questions relating to this solicitation are to be submitted via email to Contract Specialist, Michelle R. Person, at michelle.r.person@usace.army.mil by 10:00am CST, 21 June 2023.

C. Offeror shall furnish unit prices for all items listed on the Bidding Schedule of the Solicitation.

D. Lack of registration in the System for Award Management (SAM) database will make an offeror ineligible for award. See contract clause 52.204-7, “System for Award Management”.

E. All work under these Specifications shall be performed in accordance with the provisions of EM 385-1-1 “Corps of Engineers Safety and Health Requirements Manual”, dated November 2014.

DETERMINATION OF REPSONSIBILITY REQUIREMENTS

In accordance with FAR 9.104-1 General Standards:

To be determined responsible, a prospective contractor must –

(a) Have adequate financial resources to perform the contract, or the ability to obtain them (see 9.104-3(a)).

(b) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments.

(c) Have a satisfactory performance record (see 9.104-3(b) and subpart 42.15). A prospective contractor shall not be determined responsible or nonresponsible solely on the basis of a lack of relevant performance history, except as provided in 9.104-2.

(d) Have a satisfactory record of integrity and business ethics (for example, see subpart 42.15).

(e) Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors). (See 9.104-3(a).)

(f) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them (see 9.104-3(a)); and

(g) Be otherwise qualified and eligible to receive an award under applicable laws and regulations (see also inverted domestic corporation prohibition at 9.108).

DEFINITIVE RESPONSIBILITY CRITERIA

In addition to examining the criteria in FAR 9.104-1, the Contracting Officer will also examine whether the low bidder can meet the requirements of five (5) definitive responsibility criteria. The bidders will be required to meet the following requirements and experience to be eligible for award:

(1) Provide a narrative demonstrating experience with construction on a commercially active navigation channel with minimal impact to commercial navigation (no river closures during construction) to include all coordination with US Coast Guard and Commercial River Industry.

(2) Provide evidence of Floating Plant capability with a minimum of nine (9) rock barges for river-based construction.

(3) Provide a narrative demonstrating experience with Graded Stone A (5,000-pound top size) placement, degradation, and recycling.

(4) Provide a narrative demonstrating experience with bathymetric verification surveys collected post work completion to ensure correct execution of requirements.

(5) If using a subcontractor, the criteria 1, 2, 3, and 4 will apply to the subcontractor. In the event a subcontractor is involved, the information outlined in 1-4 above must be provided for the subcontractor. In addition, the prime shall provide a Letter of Commitment from the proposed subcontractor.

The Contracting Officer will verify that the apparent low bidder's experience meets the definitive responsibility criteria as part of the responsibility determination. Bidders are required to submit the documentation related to these criteria at the time of bid. The responsibility information provided with the bid package must be in a separate file marked “Responsibility Information”. Failure to provide the responsibility information may result in the bid being disqualified and may not be considered for award.

SMALL BUSINESS SUBCONTRACTING PLAN REQUIREMENT

A Subcontracting Plan is required at the time of the bid. The bidders must submit an acceptable Subcontracting Plan meeting the requirements of FAR 52.219-9 and DFARS 252.219-7003 (or DFARS 252.219- 7004 if the offeror has a comprehensive subcontracting plan). The DoD Checklist for Reviewing Subcontracting Plans is provided for your information (Attachment 2), as it is what will be used to evaluation the Subcontracting Plan for approval.

A percentage goal of greater than 0% should be provided for all Small Business Socio-Economic Categories;

if a percentage goal of 0% is provided for any Small Business Socio-Economic Category, a justification is required of why there will be no attempt made to include that category in your subcontracting plan.

Small Business Subcontracting Plan is only required to be completed by other than small businesses, and can be met through a joint venture, teaming arrangement, and subcontracting to other small businesses.

The Subcontracting Plan will be assessed based on the total planned subcontracting dollars. For all small business categories, provide goals in terms of total dollars subcontracted, and as a percentage of total subcontracted dollars.

Liquidated damages will be assessed if the Subcontracting Plan is not met, in accordance with FAR clause 52.219-16.

PROCEDURES FOR SUBMISSION OF BIDS AND VIRTUAL BID OPENING

In accordance with FAR 14.202-8 and FAR Part 4.5, bidders will be required to submit their bids in response to this IFB solicitation by the date and time listed on the Standard Form 1442 via electronic means.

Bidders shall submit their bids via email to Contract Specialist, Michelle R. Person at michelle.r.person@usace.army.mil by the date and time listed on the SF 1442.

In accordance with FAR 14.402-1, the Public Bid Opening will be held via Webex at the link/info below at 2:00pm CST, 6 July 2023. In accordance with FAR 14.403, the Abstract of Offers will be documented during this Public Bid Opening, and posted to SAM.gov within twenty-four (24) hours for public inspection.

https://usace1.webex.com/meet/richard.j.delgado

Meeting Number:2764 245 4981

Join by video system

Dial richard.j.delgado@usace1.webex.com

You can also dial 207.182.190.20 and enter your meeting number.

Join by phone +1-844-800-2712 US Toll Free +1-669-234-1177 US Toll Access code: 2764 245 4981

GENERAL NOTICES

1. NEGOTIATIONS AFTER BIDS.

The Government has the option to reject bids received in response to the Invitation for Bids, convert the Solicitation to a Request for Proposal (RFP) and initiate negotiations with offerors.

2. PERFORMANCE AND PAYMENT BONDS

Performance and Payment bonds will be required after award of each Task Order. See clause 52.228-15, PERFORMANCE AND PAYMENT BONDS – CONSTRUCTION.

3. AMENDMENTS PRIOR TO DATE SET FOR PROPOSAL.

The right is reserved, as the interest of the Government may require, to revise or amend the specifications and/or drawings prior to the date set for proposal. Such revisions or amendments, if any, will be provided by amendment(s) to this Invitation for Bid. If the revision or amendments are of a nature which require material changes in quantities or prices or both, the due date set for bid may be extended. In such case, the amendments will include the new due date for bid submission.

4. BUSINESS INTEGRITY

The offeror as a condition of award of any contract resulting from this solicitation may be required to execute a certificate related to Business Integrity.

5. CONDITIONS AFFECTING THE WORK

The offeror may visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Failure to do so will not relieve offeror from responsibility for estimating properly the difficulty or cost of successfully performing the work. The Government will assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the Request for Proposal, the specifications, or related documents. No official site visit will be scheduled.

6. OFFEROR QUALIFICATIONS

A determination of contractor responsibility will be made. A determination of non-responsibility may be cause for the rejection of a prospective contractor’s offer. In accordance with FAR 9.104-1, General Standards, before an offer is considered for award, the offeror shall be requested by the Government to submit a statement regarding their previous experience in performing comparable work, their business and technical organization, financial resources, the plant available to be used in performing the work and/or other information necessary to make the determination of contractor responsibility.

7. SITE OF THE WORK

The offeror is advised that for the purpose of applicability of the Davis-Bacon Act and other contract labor standard provisions, “the site of the work” under the contract to be awarded pursuant to this solicitation may not be limited to the physical place(s) where the construction called for in the contract will remain when work on it has been completed. The “site of work” may include other adjacent or nearby property used by the Contractor or Subcontractors during such construction. For example, fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., will be considered part of the site of the work provided they are dedicated exclusively or nearly so to performance on the contract and are so located in proximity to the actual construction location that it would be reasonable to include them.

8. INFORMATION REGARDING OFFER MATERIAL, AND BONDS

a. Specifications, Plans, Bid Schedule, Pre-award Information/Description of Work/Offer Evaluation, Construction Contract Clauses, and Wage Determination Decisions of the Secretary of Labor are parts of this solicitation.

b. (1) An offeror electing to use individual sureties for performance and payment bonds must submit, concurrently with the bonds and required affidavits, a statement of both the business and personal names of the persons and/or brokerages firms through whom the bonds were obtained, together with the address and telephone number of the persons and/or brokerage firms.

(2) Offerors should note that some individual sureties and brokers of individual sureties have been debarred or suspended from offering themselves or others as sureties to the Government. Offerors are responsible for ascertaining the current status of their sureties and brokers.

9. EVALUTION OF CONTRACTOR PERFORMANCE

In accordance with the provisions of FAR Subpart 36.201, Evaluation of Contractor Performance, Construction contractors’ performance shall be evaluated throughout the performance of the contract. USACE follows the procedures outlined in Engineering Regulation 415-1-17 to fulfill this requirement.

10. DEFINITIONS

(a) “Contracting Officer” means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer.

SECTION 00 70 00 - CONDITIONS OF THE CONTRACT

The following have been added by reference:

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023

The following have been deleted:

52.228-17 Individual Surety--Pledge of Assets (Bid Guarantee) FEB 2021

(End of Summary of Changes)