W911KB-12-R-0028-0004.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

Reference Project Title and Location: Coastal Erosion Control Phase II, Unalakleet Alaska

a. The above numbered Solicitation is hereby amended to make corrections to Amendment 0003 and to answ er additional questions.

b. The date/time for receipt of proposals remain unchanged at August 7, 2012 at 2:00p.m.

c. Point of Contact for this amendment is Yolanda M. Ikner, 907-753-2553.

d. All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

1 5

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

16C. DATE SIGNED

BY 31-Jul-2012

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 W911KB-12-R-0028

X 9B. DATED (SEE ITEM 11)

15-Jun-2012

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

31-Jul-2012

CODE

U.S. ARMY ENGINEER DISTRICT, ALASKA

ATTN: CEPOA-CT( W911KB)

PO BOX 6898

JBER AK 99506-0898

W911KB 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W911KB-12-R-0028

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

Summary of Changes for Amendment 0004

a. Correction to amendment 0003

Answer 304 should read as follows:

“The Quality Control (QC) person can be the SSHO on this project.”

b .The Pre-Proposal Conference Meeting Minutes to Amendment 0003 should read “Attachment 4”.

c. Please note in FEDBIZOPS website that there has been three Amendments posted previously and Amendment 4, dated July 31,2012 will be posted. Below are the dates in which the Amendments were posted: (Ensure acknowledgement of all amendments)

AMENDMENT 1, dated June 19, 2012 AMENDMENT 2, dated June 28, 2012 AMENDMENT 3, dated July 24, 2012

d. Attached is additional Questions & Answers (Attachment 1)

ATTACHMENT 1

ADDITIONAL QUESTIONS & ANSWERS

27 Jul 2012

QUESTION 408. The government's response to Question 303 regarding mobilization leaves a contractor who intends to finish the project in a single season at a severe disadvantage. Under the current configuration, a contractor planning to finish the project in a single season will only get paid 50% of CLIN 0002; or will be forced to artificially double the price to the government of CLIN 0002 knowing that if the work is finished in one season the contractor will only be paid half of the mobilization line item.

RESPONSE 408: Refer to FAR Clause 252.236-7004 Payment for Mobilization and Demobilization - Construction. In addition 00 21 00 & 00 22 11, II. FACTORS FOR EVALUATION TAB A: FACTOR 1 – CAPABILITY and PROCESS. This requires submittal of a “Fenced Gantt Chart” or similar schedule depiction that identifies milestone. It is the contractor’s choice how many seasons within the performance period will be paid according to the clause.

QUESTION 409: Will the government please consider the following as it pertains to Question 305: Phase I of the Unalakleet Project was similar in scope, size, etc., to the current solicitation.

Considering the previous award amount in itself and then accounting for inflation, how is it that the government estimate for identical work in the same location is only between $5M and $10M?

RESPONSE: 409: There will be no change to the order of magnitude for this contract.

QUESTION 410: Reading the Tab B: Factor 2 – Past Performance, Paragraph 1 & 2, I am not sure if we need Past Performance questionnaires for only Non-DoD work or if we are supposed to include them from DoD work as well.

RESPONSE 410: Contractors can submit Past Performance information from both Non-DoD and DoD work.

QUESTION 411: Request for clarification for the measurement and payment of Item No. 0010, Fuel Cost for Tug, Base Items.

52.216-2 (a) “The Contractor warrants that the unit price stated in the Schedule for Line Item 0010 is not in excess of the contractor’s applicable established price in effect on the contract date for like quantities of the same item”.

a. Is this saying we need to warrant that the $6/gal is not higher on the day the contract is signed, than what we can buy fuel at? If so, how do we know at bid time what the cost will be when we sign the contract?

Proposal schedule Note 3. “The price for Item 0010 will be used for evaluation purposes only for award. At contract award, this item will be converted to a Lump Sum line item and the Government will pay for actual fuel usage for the tug”.

b. This makes it sound like I can put 1000 gallons in as the quantity, understating the true estimate in order to get the job. Then the government will pay for actual fuel usage for the tug, even if it is 200,000 gallons. I’m sure this isn’t the intent. Do the gallons we enter remain the maximum quantity you will pay for, just the cost per gallon may vary throughout the project?

01 22 00.00 10 1.5.1 Payment (Fuel Cost for Tug), “Payment will be made for fuel costs associated with the tug transporting rock from the rock quarry to the job site”. Here again sounds like you will pay for fuel no matter how much quantity is used, even if perhaps, the bid quantity is understated.

c. Other issues – There will be one or more tugs bringing rock from the quarry to a place off shore. There will be 1 or more tugs associated with lightering barges from the line barge to shore. Will the fuel for all tugs be included in this item?

RESPONSE 411

a. No, at time of submission of your Proposal all offerors are required to use $6.00/gallon.

Upon award it will be converted to a lump sum line item as stated in Proposal schedule Note 3.

“The price for Item 0010 will be used for evaluation purposes only for award. At contract award, this item will be converted to a Lump Sum line item and the Government will pay for actual fuel usage for the tug

b. FAR Clause 52.216-2 Economic Price Adjustment Standard Supplies, part (c)(1) the aggregate of the increases in any contract total price under this clause shall not exceed 10 percent of the original contract price. The Contractor is paid actual cost of fuel used as referenced in Section 01 22 00.00 10 Measurement and Payment, 1.5 Fuel Cost for Tug, 1.5.2 Unit of Measure: Gallon.

c: Yes. This applies to fuel for multiple tugs (if used) for transporting rock from the quarry to the job site.

QUESTION 412: Does the COE foresee any issues with approving the existing Stephens Hill Quarry located in Stebbins, AK as the proposed hardrock material source for the Coastal Erosion Control Phase II – Unalakleet, Alaska project? The quarry is owned by Stebbins Native Corporation and is currently operated by Tapraq, LLC. Testing has been completed over the last several months in accordance with “2.2.1.1 Rock Quality Tests” and has indicated the rock from the Stephens Hill Quarry meets or exceeds the minimum requirements set forth in the specifications.

RESPONSE 412: "Section 35 31 19 specifies the requirements for rock to be used for the Unalakleet Coastal Erosion Control Phase II project. The rock source is the Contractor's choice.

However, all rock delivered to the project site at Unalakleet must meet the requirements as specified in Section 35 31 19. The COE does not pre-approve a quarry. Rock quality testing must be performed and all requirements in accordance with paragraphs 2.2 and 2.2.1.1 must be met. Also, please review the environmental permitting requirements specified in paragraphs 2.1, 2.1.1, and 2.1.2 along with the letters of agreement (see Appendix A). In addition, the rock Gradation, Size, and Angularity requirements must also be met for the rock delivered to the job site at Unalakleet (see paragraph 2.4.1)."