W912PP24R0002 AMD 0001.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

NEW MEXICO GROUP FENCE TO FENCE ENVIRONMENTAL COMPLIANCE, CANNON AIR FORCE BASE (CAFB), HOLLOMAN AIR FORCE BASE

(HAFB), AND KIRTLAND AIR FORCE BASE (KAFB), NEW MEXICO

1. This is Amendment No. 0001 to Solicitation W912PP24R0002; 05 December 2023. The attached pages shall replace the originals in the solicitation document.

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1. CONTRACT ID CODE PAGE OF PAGES

J 1 6

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

16C. DATE SIGNED

BY

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 W912PP24R0002

X 9B. DATED (SEE ITEM 11)

05-Dec-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 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

CODE

US ARMY ENGINEER DISTRICT, ALBUQUERQUE

4101 JEFFERSON PLAZA NE

ALBUQUERQUE NM 87109-3435

W912PP 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

10-Jan-2024

W912PP24R0002

Amendment 0001

SOLICITATION PROVISIONS

THE FOLLOWING ARE LOCAL PROVISIONS:

USE OF THE WORDS “PROPOSER” AND “OFFEROR”

Whenever the word “Proposer” appears in the RFP it shall be construed to have the same meaning as the word “Offeror.”

PROPOSAL RECEIVING INFORMATION: Proposals shall be received no later than 14:00 hours (2:00 P.M.)

Mountain Standard Time on 1 Feb 2024.

SITE VISIT: An organized site visit has been scheduled for 12-14 December 2023.

Date: 12 Dec 2023 Time: 09:00 hours (9:00 A.M.)

Location: KAFB Truman Gate Visitors Center - Truman St SE, Albuquerque NM 87116

Date: 13 Dec 2023 Time: 10:00 hours (10:00 A.M.)

Location: HAFB Visitors Center - 1St Main Gate Holloman AFB NM 88311

Date: 14 Dec 2023 Time: 10:00 hours (10:00 A.M.)

Location: CAFB Visitors Center - 601 Chindit Avenue, Cannon AFB NM 88103

Contractors without a CAC will need to obtain a day pass from the visitor’s center.

Offerors are cautioned that nothing said or done at the pre-proposal conference or site visit will qualify or modify the terms of the solicitation document. The only instrument that shall qualify or modify the solicitation document is a formal amendment, in writing, per FAR 15.206.

BIDDER INQUIRY AND PROPOSAL INFORMATION

a. Technical inquiries and questions relating to proposal procedures or bonds are to be submitted via Bidder Inquiry in ProjNet at www.projnet.org.

1. To submit and review bid inquiry items, bidders will need to be a current registered user or self register into the system. To self-register, go to the aforementioned web page and click on the BID tab.

Select Bidder Inquiry, select agency USACE, and enter the Bidder Inquiry Key for this solicitation listed below, your email address, and then click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue.

2. From this page, you may view all bidder inquiries or add inquiry.

3. Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

4. The Solicitation Number is: W912PP24R0002 The Bidder Inquiry Key is: 7B2E7S-BPSY8A

b. The Bidder Inquiry System will be unavailable for new inquires 26 23 January 2024 at 5:00 PM Mountain Daylight Time in order to ensure adequate time is allotted to form an appropriate response and amend thesolicitation if necessary.

c. Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

d. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

Information technology, as defined in 40 U.S.C. 11101(6)--

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use-

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, "No TikTok on Government Devices" Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor's employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days.

(End of clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor prior to the end of the performance period, provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(End of clause)

52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION 2021-O0008) (FEB 2023)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. “Similarly situated entity,” as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract. The following services may be excluded from the 50 percent limitation:

(i) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code 562910), cloud computing services, or mass media purchases.

(ii) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that

CLAUSES INCORPORATED BY REFERENCE

52.209-13 Violation of Arms Control Treaties or Agreements -- Certification

NOV 2021

252.203-7005 Representation Relating to Compensation of Former DoD Officials

SEP 2022

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.225-7003 Report of Intended Performance Outside the United States and Canada--Submission with Offer

OCT 2020

252.225-7055 Representation Regarding Business Operations with the Maduro Regime

MAY 2022

252.225-7057 Preaward Disclosure of Employment of Individuals Who Work in the People's Republic of China

AUG 2022

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020- O0015)

MAY 2020

252.232-7015 Performance-Based Payments--Representation DEC 2022 252.232-7016 Notice of Progress Payments or Performance-Based Payments APR 2020

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 562910.

(2) The small business size standard is $25,000,000 1,000 employees.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

ATTACHMENT 2

CONTRACT DESCRIPTION FORM

Volume 1, Tab A, Factor 1 Control No.: W912PP24R0002

Relevant Past Experience/Past Performance Factor 1 Project Name: Project Location

City:

State:

Installation Name (if applicable):

Contract Number:

Task Order Number (if applicable):

Issuing Agency:

Was the project terminated early or were cure/show-cause letters issued?

Yes or No (if yes, explain)

Offeror’s Role (Prime or Subcontractor): Percent of total contract value performed by the Offeror (If Offeror was the Prime, what percent of contract was subcontracted):

Contract Type (firm fixed price, cost reimbursable, etc.):

Percent of work billed to date by Offeror:

Date of Award: Performance Based? Yes or No

Initial Award Amount:

Final Contract Amount:

Original Completion Date:

Actual Completion Date (or anticipated, if applicable):

Amount added by modification(s): Percent of project complete to date:

Explanation (reason) for any cost growth: Explanation for any late finish or schedule extensions:

General Project Narrative: (Provide a specific narrative explanation of the contract and objectives achieved.

Detail how the effort is relevant to the requirements in the PWS of this RFP.):

Performance Issues Encountered:

Regulatory Involvement:

Applicable PWS Section 65.0 Program Areas:

Small Business Subcontracting Effort (Complete for Offeror/Prime Contractor only):

Large Business Offerors Only:

What were the various small business percentage goals in the original contract and the actual percentage attained, if applicable (see FAR 52.219-9)?

Goal (%)_ Actual (%) Small Business (SB): _________ _________ 8(a) Small Business: _________ _________ Woman Owned Small Business (WOSB): ________ _________ Historically Underutilized Business Zone (HUBZone): ________ _________ Veteran Owned Small Business (VOSB): ________ _________ Service Disabled Veteran Owned Small Business (SDVOSB): _______ _________ If goals were not met, explain:____________________________________________________