A21_24B0009 SOLICITATION AMENDMENT 0001 FINAL.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(s) for this amendment are the follow ing:

1. Provide Government Response to Vendor Questions

2. Correct Box 13B of the solicitation

3. Add Attachment of Example of Letter of Surety Redacted All other terms & conditions remain the same. Bid due date remains unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 4

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

16C. DATE SIGNED

BY 30-Jan-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 W912P924B0009

X 9B. DATED (SEE ITEM 11)

04-Jan-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 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

30-Jan-2024

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:

W912P924B0009

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE (SF 30)

The following have been added by full text:

EXAMPLE LETTER OF SURETY

SEE SEPARATE ATTACHMENT FOR EXAMPLE OF LETTER OF SURETY

QUESTIONS & ANSWERS

Questions & Answers

Question 1: Can there be multiple task orders within an Ordering Period specifically can there be multiple task orders for $5 million dollars each within the same year? How likely is that to happen?

Government Response: Quantity of Task Orders issued is subject to the availability of funds appropriated by congress each year and provided for maintenance or specific projects. Amount of funding to be received each year is not known. Ordering periods may have no, one, or multiple task order depending on funding availability. It is possible if funding is provided that there could be more than one task order each valued at $5 Million.

Question 2: Prices have fluctuated in recent years; how do we price out unit prices for a total of 5.5 years? There is a risk that the prices will fluctuate a lot. Would we be able to request price changes during contract period if there is a huge change in price for these items?

Government Response: Unit prices bid are Firm Fixed Price. Refer to DFARS 252.243-7002; contractor may submit a Request for Equitable Adjustment (REA) asking for an equitable change to the contract price based on a change to the contract requirements. An REA may occur when the contractor finds that an unexpected issue has arisen that wasn’t anticipated during the development of the original contract. The contractor will submit a proposal to the contracting officer outlining the issue and the justification of the equitable adjustment. If the contracting officer agrees with the adjustment, the contract is modified. An REA is different than a claim; see FAR 52.233-1.

Question 3: Would we be able to see an example of letter of surety?

Government Response: See Attached A21_ Example Letter of Surety_Redacted included in Amendment 0001

Question 4: Would the new EM 385-1-1 expected to be published March 15, 2024 apply to this contract?

Government Response: EM 385-1-1 specified and applicable at time of solicitation will be applicable for the duration of the contract. New iterations published after award will not be applicable.

Question 5: The Technical Description & Statement of Work are vague. Is there anyway to give a better description for the line items? I.E. Crushed Stone – What size of crushed stone?

Government Response: Section 32 22 30 Paragraph 2.1 states “Crushed Stone shall be Grade B in accordance with the 2022 Edition of the Missouri Standard Specification for Highway Construction, Section 1006 Aggregate for Surfacing”. Please see standard and section referenced for size and technical requirements.

Question 6: What are the procedures if there is a disagreement between contractor and customer for a task order prior to award (solicitation phase)? Can a contractor refuse to sign a task order because of disagreement?

Government Response: See Page 9, Ordering Procedures (2.) Contractor may be requested to submit a proposal for quantities of pre-priced items from the price schedule; contractor and contracting officer may negotiate quantities;

however, pre-priced line items are firm-fixed price; Refer to FAR 52.216.22(b) Indefinite Quantity

Question 7: If there is a significant change in cost of pre-priced line item, can the contractor request for a price adjustment on this contract?

Government Response: Unit Prices proposed for pre-priced line items are Firm-Fixed Price. See Government Response to Question 2 above.

Question 8: What was the capacity on the previous contract?

Government Response: Facility Infrastructure Construction and Maintenance IDIQ is a new acquisition and contract vehicle at Wappapello Lake. Acquisition vehicle did not previously exist.

Question 9: What was the incumbent contractor and contract number?

Government Response: Facility Infrastructure Construction and Maintenance IDIQ is a new acquisition and contract vehicle at Wappapello Lake. Acquisition vehicle did not previously exist. A similar contract for Wappapello Lake park roads maintenance is W912P920D0011.

Question 10: Page 1 of the solicitation (the SF-1442) block 13 states “An offer guarantee is required.” Based on the remainder of the solicitation (pages 4 and 5 specifically), the solicitation appears to require a “Letter of Commitment” rather than an “Offer Guarantee”. Please clarify what is required regarding an offer guarantee/letter of commitment/bid bond.

Government Response: Box 13B is amended in Amendment 0001.

Question 11: Can the government add line items to the bid schedule for supervision, mobilization, and bonds? If the costs for these items must be incidental to the other line items, that is going to significantly increase the unit prices of all line items. This is an IDIQ contract, wherein the contractors do not know how many line items will be awarded with a task order or the associated quantities. If contractors are forced to take a conservative approach to covering these costs as incidental, that will result in unit prices (and total prices) significantly.

Government Response: Cost associated with supervision, mobilization, and bonds shall be incidental to the line item in which they relate.

Question 12: Have funds been allocated for this IDIQ?

Government Response: Only funding for the minimum guarantee is allocated at this time. Funding available for this effort is subject to availability of funds and those funds appropriated by congress each year and provided for maintenance or specific projects.

Question 13: Are there any specific tasks that are anticipated to be fulfilled by this IDIQ? Details?

Government Response: IDIQ may be utilized to complete any task or efforts as identified within the Solicitation and associated Specifications and any task or work effort deemed within scope.

SECTION 00 10 00 - SOLICITATION

The offer guarantee has changed from is required to is not required.

(End of Summary of Changes)