W911WN08B00090001.pdf

W81ET481194838

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

Pike Island Miter Gates.

The purpose of this amendment is to: (1) insert clause 52.216-4000, Economic Price Adjustment - Steel; (2) extend the bid opening date; (3) provide new bid schedule; and (4) provide responses to questions received from potential bidders.

1. CONTRACT ID CODE PAGE OF PAGES

J

FAR (48 CFR) 53.243

1 8

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

16C. DATE SIGNED

BY 15-Jul-2008

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 W911WN-08-B-0009

X 9B. DATED (SEE ITEM 11)

18-Jun-2008

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 X is extended, 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

15-Jul-2008

CODE

U.S. ARMY ENGINEER DISTRICT, PITTSBURGH

ATTN CECT-LRP

W S MOORHEAD FEDERAL BUILDING

1000 LIBERTY AVENUE ROOM 2116

PITTSBURGH PA 15222-4186

W911WN 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W911WN-08-B-0009

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

CLAUSE 52.216-4000

52.216-4000 Economic Price Adjustment - Steel

(a) The Government will adjust the contract price on each applicable progress estimate to reflect increases or decreases in steel prices from the time steel is shipped from the producing mill for incorporation into the various items covered by this clause, to the prices in effect during the month in which the final proposal was received. This price adjustment is dependent upon an increase or decrease in the average price of raw steel (prior to rolling or manipulation) used in the production of products utilized on this project. Item Nos. 0001AF, 0002AF, 0003AF, and 0004AF as listed in the Unit Price schedule shall be considered “Indexed Items”, and only these items will be subject to the provisions of this clause.

(b) Definitions. The following terms as used in this clause shall be defined as follows:

(1) “Producers Price Index (PPI)”: U.S. Department of Labor – Bureau of Labor Statistics index entitled “Producers Price Index” for non-seasonally adjusted “Shredded Carbon Steel Scrap” – Series ID WPU10121193, available from: http://data.bls.gov/labjava/outside.jsp?survey=wp). In the event this index is discontinued, the Bureau of Labor Statistics Producers Price Index for non-seasonally adjusted “Carbon Steel Scrap Bundles” – Series WPU10121192 will be used instead. Do not use seasonally adjusted indexes.

The Bureau of Labor Statistics publishes preliminary numbers for the most recent data, and may revise these indexes four months after original publication. The Contracting Officer will review the PPI 4 months after initial publication to determine if the data has been revised. Final payments will be adjusted accordingly.

(2) “Mill Shipping Index” (MI): The Producers Price Index for the month the raw steel is shipped from the producing mill.

(3) “Bidding Index” (BI): The Producers Price Index for the month when final proposal was received by the Government, and will be set by the Contracting Officer.

(4) “Quoted Prices” (QP): Certified original quotes shall be submitted with the Contractor’s final proposal and listed as unit price in dollars per pound. Each certified quote will constitute the baseline raw steel material price for the particular pay item. Each quote must clearly provide the associated pay item, weights, how the raw material will be utilized in the final project, and a breakdown of all costs.

(c) The Contractor will not be given the option of accepting or rejecting this adjustment. Price adjustments will be made only when the Mill Shipping Index varies by more than 10% of the Bidding Index, and then only on the portion that varies by more than 10%. No adjustment will be made for changes in the cost of manufacturing, fabrication, painting, galvanizing, shipping, storage, etc, and no adjustment will be made for quantities of non-steel items nor quantities of stainless steel.

(d) No price adjustments will be made for any items manufactured from steel having a mill shipping date prior to the date of the contract.

(e) Payment on progress estimates will be adjusted to reflect changes in the prices for steel materials in accordance with the following:

SPA = Total Steel Price Adjustment, in dollars = (CD)(Q)

Where Q = Quantity of manufactured steel, in pounds.

CD = Cost Difference = [MI/BI – 0.90]*QP when the steel price index has decreased between the month final proposal is received and month of this progress estimate.

CD = Cost Difference = [MI/BI – 1.10]*QP when the steel price index has increased between the month final proposal is received and month of this progress estimate.

(f) The Contractor shall provide signed certification of the following for the period represented by each invoice:

(1) The dates and amounts of steel shipped from the mill to the fabricator.

(2) The amount of steel (by weight) incorporated into the Indexed items.

(3) Shop drawings, materials orders, materials lists, mill test reports and shipping bills as required by the Specifications.

(g) The Contractor acknowledges that he is certifying the following for the period represented by each request for payment:

(1) The dates and amounts of steel shipped from the mill to the fabricator.

(2) The amount of steel incorporated in the indexed items.

Example Calculations:

Example 1:

Final proposal was received for a project on March 15, 2007, and the certified quoted price for 500 tons (1 million pounds) of structural steel is $0.10 per pound. The fabricator purchases the material on July 15, 2007. The Bureau of Labor Statistics – P roducers Price Index – Shredded Carbon Steel Scrap for October 15, 2007 is 215.4 and for July 15, 2007 is 175.3. Therefore, the Bidding Index is 215.4 and the Mill Shipping Index is 175.3. The Mill Shipping Index has increased from the month the final proposal was received. The Mill Shipping Index has changed from the Bidding Index by (215.4-175.3)/215.43 = 0.186 or decreased by 18.69%. Since this represents a difference of more than 10%, the price can be adjusted, and will be adjusted by the amount greater than 10%. The Steel Price Adjustment is calculated as follows:

Price Adjustment=(MI/BI-0.90)*(QP)*Q

=(175.3/215.4-0.90)*$0.50/lb*(1,000,000 lb) =-$43,082,64

Example 2:

Final proposal was received for a project on Jul 15, 2007, and the certified quoted price for 500 tons (1 million pounds) of structural steel is $0.50 per pound. The fabricator purchases the material on October, 15, 2007. The Bureau of Labor Statistics – Producers Price Index – Shredded Carbon Steel Scrap for July 15, 2007 is 175.3 and for October 15, 2007 is 187.4. Therefore, the Bidding Index is 175.3 and the Mill Shipping Index is 187.4. The Mill Shipping Index has increased from the month the final proposal was received. The Mill Shipping Index has changed from the Bidding Index by (187.4-175.3)/175.3=0.069 or increased by 6.9%. Since this represents a difference of less than 10%, the price cannot be adjusted.

Example 3:

Final proposal was received for a project on October 15, 2007, and the certified quoted price for 500 tons (1 million pounds) of structural steel is $0.50 per pound. The fabricator purchases the material on April 15, 2008. The Bureau of Labor Statistics – Producers Price Index – Shredded Carbon Steel Scrap for October 15, 2007 is 187.4 and for April 15, 2008 is 328.6. Therefore, the Bidding Index is 187.4 and the Mill Shipping Index is 328.6. The Mill Shipping Index has increased from the month the final proposal was received. The Mill Shipping Index has changed from the Bidding Index by (328.6-187.4)/187.4=0.753 or increased by 75.3%. Since this represents a difference of more than 10%, the price can be adjusted, and will be adjusted by the amount greater than 10%. The Steel Price Adjustment is calculated as follows:

Price Adjustment=(MI/BI-1.10)*(QP)*Q =(328.6/187.4-1.10)*$0.50/lb*(1,000,000 lb) =326,734.26

RESPONSES TO QUESTIONS

Question #1) Section B, page 2 of 45, bid schedule, bid items 0001AC, 0002AC, 0003AC, and 0004AC is described as (1) leaf per item, correct? Yes, each leaf is separate.

Question #2) Page 7 of 45, paragraph 52.211-10 designates 750 calendar days after NTP to complete base contract, and option A thru C. The base contract 270 calendar days, Option A 180 calendar days, Option B 270 calendar days, and Option C 180 days, in which totals 900 calendar days. Is the 750 days, or 900 days correct? 750 days is correct, an overlap was considered in the options.

Question #3) Specification section 11285, page 13, paragraph 2.3.7.2 designates the material for quoin & miter blocks ASTM A564, Type 630, Condition H1025. Contract drawing sheet # S-5003, Note #2 designates miter, and quoin blocks as ASTM A240 UNS30400. Is the drawing or specification correct? ASTM A564, Type 630, Condition H1025. The calcs are consistent with these specified materials/strengths.

Question #4)Specification section 11285, page 14, paragraph 2.3.7.3 pintle assembly designates pintle material as ASTM A743, Grade CF8, or A27 Grade 70-40 cast steel. Drawing sheet # S-5020 & S-6001 designates the pintle material as ASTM A668 Class D forging. Is the pintle material a forging or casting? ASTM A668 Class D with 1/8" minimum of 18-8 chromium-nickel SS cladding. The calcs are consistent with these specified materials/strengths.

Question #5) Specification section 11285, page 14, paragraph 2.3.7.4 gudgeon anchorage designates anchorage plate material as A588 or A668. Contract drawing sheet# S5023 & S6001 designates material A668. Can we use A588 or A668 material for anchorage plates? ASTM A668 Class K. The calcs are consistent with these specified materials/strengths.

6) What is the material specification for the miter and quoin blocks. Note 2 on Dwg. S-5003 contradicts the material specified for these items on Dwg. S-6001. See question #3 above.

7) What is the thickness of the thrust diaphragm plate? On Dwg. S-5003 it is shown in the “Quoin Post Top Plate” as a 5/8” PL while in “Section A S-2001” and other views it is shown as a ¾” PL. The thickness of the thrust diaphragm plate is 3/4", the 5/8" plate on the “Quoin Post Top Plate” detail is the 5/8" plate shown in Section E S- 5003.

8) In “Section A S-5015” (referred to as A S-5014 on other areas of the Fender Detail), a HP 10X42 is being shown as the mounting surface for the Fenders at the flange of the girder. This 10X42 is not shown on any other view of the gates (that I can find) and a connection for the HP 10X42 to the girder flange is not detailed. Do the fenders bolt directly to the girder flange for the majority of the gate with the HP 10 X 42 only used at the bumper guard (between G2 & G1 at the lifting lugs and strut pin assembly) or is the 10 X 42 used on the entire length of the girder flanges?

It is used between girders G1 & G2, see Section B, S 5015 for connection.

9) Is the Government planning on extending the bid date to answer questions? The bid opening is extended to July 25, 2008.

Question #10) Is the Government intending to provide facilities at the jobsite to perform the swing test referenced in Note 3 on Contract Drawing G-0004 of the above referenced contract? No, amendment should take drawing G- 0004 out of package. The Government will install gates.

SECTION B - SUPPLIES OR SERVICES AND PRICES

SUBCLIN 0001AF is added as follows:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001AF 240,000 Pound Steel Material Costs

FFP

Upper Miter Gate Leaf, Base Contract FOB: Destination

NET AMT

SUBCLIN 0002AF is added as follows:

0002AF 240,000 Pound Steel Material Costs

FFP

Upper Miter Gate Leaf, Awardable Option A

SUBCLIN 0003AF is added as follows:

0003AF 295,000 Pound Steel Material Costs

FFP

Lower Miter Gate Leaf, Awardable Option B

SUBCLIN 0004AF is added as follows:

0004AF 295,000 Pound Steel Material Costs

FFP

Lower MIter Gate Leaf, Awardable Option C

The following have been modified:

BID SCHEDULE

SECTION 00010

SUPPLIES OR SERVICES AND PRICES/COSTS

ITEM DESCRIPTION * QUANTITY U/M U/P AMOUNT

BASE CONTRACT

0001AA Reimbursement for Actual Performance and Payment Bonds

Premium, Base Contract (See Section H Paragraph 52.228-4000)

NOT TO

EXCEED

0001AB MONTHLY PROGRESS IMAGES 4 SE $______.___ $______.___

0001AC FABRICATE UPPER MITER GATE

LEAF, BASE CONTRACT

1 EA $______.___ $______.___

0001AD STORAGE OF MITER GATE LEAF,

17 MO $______.___ $______.___

0001AE DELIVER UPPER MITER GATE LEAF,

1 EA $______.___ $______.___

0001AF STEEL MATERIAL COSTS FOR UPPER

MITER GATE LEAF, BASE CONTRACT

240,000 LB $______.___ $______.___

TOTAL BASE CONTRACT ITEMS 0001AA THRU 0001AF, INCLUSIVE $______.___

AWARDABLE OPTION A, UPPER MITER GATE LEAF

0002AA Reimbursement for Actual Performance and Payment Bonds Premium, Awardable Option A (See Section H Paragraph 52.228-4000)

NOT TO EXCEED $______.___

0002AB MONTHLY PROGRESS IMAGES 4 SE $______.___ $______.___

0002AC FABRICATE UPPER MITER GATE

LEAF, AWARDABLE OPTION A

1 EA $______.___ $______.___

0002AD STORAGE OF MITER GATE LEAF,

AWARDABLE OPTION A

17 MO $______.___ $______.___

0002AE DELIVER UPPER MITER GATE LEAF,

AWARDABLE OPTION A

1 EA $______.___ $______.___

0002AF STEEL MATERIAL COSTS FOR UPPER

MITER GATE LEAF, AWARDABLE

OPTION A

240,000 LB $______.___ $______.___

TOTAL AWARDABLE OPTION A ITEMS 0002AA THRU 0002AF, INCLUSIVE $______.___

AWARDABLE OPTION B, LOWER MITER GATE LEAF

0003AA Reimbursement for Actual Performance and Payment Bonds Premium, Awardable Option B (See Section H Paragraph 52.228-4000)

NOT TO EXCEED $______.___

0003AB MONTHLY PROGRESS IMAGES 4 SE $______.___ $______.___

0003AC FABRICATE LOEER MITER GATE

LEAF, AWARDABLE OPTION B

1 EA $______.___ $______.___

0003AD STORAGE OF MITER GATE LEAF,

AWARDABLE OPTION B

11 MO $______.___ $______.___

0003AE DELIVER LOWER MITER GATE LEAF,

AWARDABLE OPTION B

1 EA $______.___ $______.___

0003AF STEEL MATERIAL COSTS FOR

LOWER MITER GATE LEAF,

AWARDABLE OPTION B

295,000 LB $______.___ $______.___

TOTAL AWARDABLE OPTION B ITEMS 0003AA THRU 0003AF, INCLUSIVE $______.___

AWARDABLE OPTION C, LOWER MITER GATE LEAF

0004AA Reimbursement for Actual Performance and Payment Bonds Premium, Awardable Option C (See Section H Paragraph 52.228-4000)

NOT TO EXCEED $______.___

0004AB MONTHLY PROGRESS IMAGES 4 SE $______.___ $______.___

0004AC FABRICATE LOWER MITER GATE

LEAF, AWARDABLE OPTION C

1 EA $______.___ $______.___

0004AD STORAGE OF MITER GATE LEAF,

AWARDABLE OPTION C

6 MO $______.___ $______.___

0004AE DELIVER LOWER MITER GATE LEAF,

AWARDABLE OPTION C

1 EA $______.___ $______.___

0004AF STEEL MATERIAL COSTS FOR

LOWER MITER GATE LEAF,

AWARDABLE OPTION C

295,000 LB $______.___ $______.___

TOTAL AWARDABLE OPTION C ITEMS 0004AA THRU 0004AF, INCLUSIVE $______.___

TOTAL BASE CONTRACT ITEMS 0001AA THRU 0001AF, INCLUSIVE

TOTAL AWARDABLE OPTION A ITEMS 0002AA THRU 0002AF, INCLUSIVE

TOTAL AWARDABLE OPTION B ITEMS 0003AA THRU 0003AF, INCLUSIVE

TOTAL AWARDABLE OPTION C ITEMS 0004AA THRU 0004AF, INCLUSIVE

TOTAL, BASE CONTRACT PLUS AWARDABLE OPTIONS

SECTION E - INSPECTION AND ACCEPTANCE

The following Acceptance/Inspection Schedule was added for SUBCLIN 0001AF:

INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

N/A N/A N/A Government

The following Acceptance/Inspection Schedule was added for SUBCLIN 0002AF:

The following Acceptance/Inspection Schedule was added for SUBCLIN 0003AF:

The following Acceptance/Inspection Schedule was added for SUBCLIN 0004AF:

(End of Summary of Changes)