Loren Data's SAM Daily™

SAMDAILY.US - ISSUE OF OCTOBER 05, 2022 SAM #7614
SPECIAL NOTICE

Y -- USACE-SPK J&A Black Butte Headquarters Exception to Fair Opportunity

Notice Date

10/3/2022 8:40:41 AM
 

Notice Type

Justification
 

NAICS

236220 — Commercial and Institutional Building Construction
 

Contracting Office

US ARMY ENGINEER DISTRICT SACRAMENT SACRAMENTO CA 95814-2922 USA
 

ZIP Code

95814-2922
 

Solicitation Number

SPK-FY22-64
 

Archive Date

11/02/2022
 

Point of Contact

Britanie Butler
 

E-Mail Address

britanie.v.butler@usace.army.mil
(britanie.v.butler@usace.army.mil)
 

Award Number

W9123816D0022
 

Award Date

07/10/2020
 

Description

The Sacramento District Civil Works Design Section requests a firm-fixed-price (FFP) modification to the existing Black Butte HQ Building TO Number W9123820F0113 with Herman Construction Group, Inc. (Herman Construction), to incorporate, Option Contract Line-Item Nos. (CLINs) 1001 and 1002 which previously expired. A Request for Task Order Proposal (RTOP), W9123820R0066 for Black Butte Headquarters Building & Maintenance Shop Construction in Orland, CA was issued to the four Northern W9123816D0022 MATOC IDIQ holders on 10 July 2020. This initial RTOP letter (issued outside of PD2 system) did not clearly articulate a timeline for the Government to exercise these options at the time of Notice to Proceed (NTP) but rather stated that the period of performance for all CLINs (including option CLINs) would be 18 months. An Amendment 0001 to the RTOP was issued 07 August 2020, and like the initial RTOP, was also written outside of PD2 and changed the timeline for the Government to exercise the option CLINs from 18 months to 90 days after NTP, due to the concern that there could be a potential increase in price over an 18-month period given the current economic climate. On 22 September 2020, the Government awarded TO W9123820F0113 to Herman Construction Group, Inc. This DD Form 1155 was created in PD2, but during its construct inadvertently left out the language specifying that the options needed to be awarded within 90 days after NTP and instead included clause 52.252-4 ALTERATIONS IN CONTRACT (APR 1984) stating in part ""Government reserves the right to exercise Options 1001, 1002 or both within the period of performance of the base contract (i.e., 18 months after Notice to Proceed)."" After the TO was awarded, the team in the field understood that the options expired 90 days after NTP, (even though this change in solicitation Amendment 0001 never made it into the awarded TO). Therefore, when the PDT finally received the funding for these options on 3 February 2022, the team's understanding was that the options had already expired, and therefore did not notify the Contracting Officer that the options needed to be exercised. The type of funds to be utilized will be Fiscal Year (FY) 22 Operations and Maintenance (O&M) funds.
 

Web Link

SAM.gov Permalink
(https://sam.gov/opp/f4c3add41a6f42a4b723e9c28aeaf9f2/view)
 

Place of Performance

Address: Orland, CA 95963, USA

Zip Code: 95963

Country: USA
 

Record

SN06484660-F 20221005/221003230101 (samdaily.us)
 

Source

SAM.gov Link to This Notice
(may not be valid after Archive Date)

---

| FSG Index  |  This Issue's Index  |  Today's SAM Daily Index Page |