Amendment_0001_(7-30-19).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

RE: Fabrication and Delivery of Upstream Auxiliary Miter Gate at New Cumberland L/D The purpose of this amendment is to:

1. Provide responses to vendor questions;

2. Revise Technical Specif ications as described in the Summary of Changes;

3. Revise and Add CLINs, as added in Summary of Changes;

4. Revise language in Clause 52.211-8, and 52.217-7, as detailed in Summary of Changes;

5. Revise Section H - Special Contract Requirements, see Sections H-3 and H-4, as detailed in Summary of Changes;

6. All other terms and conditions remain unchanged and in full force and effect.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 11

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

16C. DATE SIGNED

BY 30-Jul-2019

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 W911WN19B0003

X 9B. DATED (SEE ITEM 11)

03-Jul-2019

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

30-Jul-2019

CODE

U.S. ARMY ENGINEER DISTRICT, PITTSBURGH

ATTN CELRP-RC-P

W S MOORHEAD FEDERAL BUILDING

1000 LIBERTY AVENUE ROOM 2203

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:

W911WN19B0003

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:

SUMMARY OF CHANGES

Q1. In reference with specification 35 20 16.33 Page 11, Paragraph 2.3.1 Hydraulic Bolt Tensioner & Diagonal Tensioning Equipment states additional information is provided on drawings for the diagonal tensioning equipment.

No equipment is listed on diagonal assembly drawing S-2120. Please clarify if diagonal tensioning equipment is required for this solicitation.

A1. The diagonal hydraulic tensioning equipment is NOT required for this solicitation

The following sections have been revised:

01 22 22.10 MEASUREMENT AND PAYMENT – Specification has been revised to incorporate the addition of two new awardable options for this contract.

35 20 16.33 MITER GATES

Paragraph 2.3.1 – Hydraulic Bolt Tensioner and Diagonal Tensioning Equipment. This paragraph has been deleted.

Paragraph 2.4.7 – Shop Assembly. “Additional fabricated items and components shall be delivered loose, with the gate leafs, to the specified delivery location. These items include:”

Deleted “b. Diagonal tensioning equipment” Deleted “j. Additional pintle socket with bushings” Added “i. Spare diagonal end assemblies”

SECTION B - SUPPLIES OR SERVICES AND PRICES

The CLINs have been revised and the new price schedule should reflect as follows:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

REIMBURSEMENT FOR ACTUAL PERFORMANCE

FFP

AND PAYMENT BOND PREMIUMS, BASE CONTRACT

FOB: Destination

NET AMT

0002 9 Set

DIGITAL PROGRESS IMAGES, BASE CONTRACT

FFP

0003 1 Job

FABRICATE AND DELIVER UPPER LEFT

FFP

MITER GATE LEAF

0004 2 Each

SPARE DIAGONAL END ASSEMBLY

FFP

(UPSTREAM GATE)

0005 2 Each

SPARE DIAGONAL END ASSEMBLY

FFP

(DOWNSTREAM GATE)

1001 1 Job

OPTION REIMBURSEMENT FOR ACTUAL PERFORMANCE

FFP

AND PAYMENT BOND PREMIUMS, AWARDABLE OPTION A

1002 4 Set

OPTION DIGITAL PROGRESS IMAGES, AWARDABLE OPT A

FFP

1003 1 Job

OPTION FABRICATE AND DELIVER UPPER RIGHT

FFP

MITER GATE LEAF

2001 1 Job

OPTION REIMBURSEMENT FOR ACTUAL PERFORMANCE AND

FFP

PAYMENT BOND PREMIUMS, AWARDABLE OPTION B

2002 6 Months

OPTION TEMPORARY STORAGE OF UPPER LEFT MITER

FFP

GATE LEAF AND ASSOCIATED ITEMS

3001 1 Job

OPTION REIMBURSEMENT FOR ACTUAL PERFORMANCE

FFP

AND PAYMENT BOND PREMIUMS, AWARDABLE OPTION C

3002 9 Months

OPTION DELIVERY LOCATION BARGE STORAGE OF UPPER

FFP

MITER GATE (2 LEAFS) AND ASSOCIATED ITEMS

The following have been modified:

TOTALS

IN ADDITION TO THE PRICE SCHEDULE ABOVE, PLEASE COMPLETE THE INFORMATION BELOW:

AMOUNT

TOTAL BASE CONTRACT (ITEMS 0001 THROUGH 0005) $

TOTAL AWARDABLE OPTION A (ITEMS 1001 THROUGH 1003) $

TOTAL AWARDABLE OPTION B (ITEMS 2001 THROUGH 2002) $

TOTAL AWARDABLE OPTION C (ITEMS 3001 THROUGH 3002) $

TOTAL (LINE ITEMS 0001 THROUGH 3002) $

Do not round off totals, in case of a variation between the unit price and the extension, the unit price will be considered to be the bid. If a modification to a bid is based on unit prices submitted, which provides for a lump sum adjustment to the total estimated cost, the application of the lump sum adjustment to each unit price in the bid schedule must be stated. If it is not stated, the bidder agrees that the lump sum adjustment shall be applied on a pro rata basis to every unit price in the bid schedule.

52.211-8 TIME OF DELIVERY (JUN 1997)

(a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

It is Government's intent to award the Base Contract and Option A together provided there are sufficient funds to perform this action. If sufficient funds are not available at contract award, only the Base Contract will be awarded at that time with Option A potentially being awarded at a later time according to the terms of the contract. The period of performance and delivery of the miter gates with associated items shall be as follows:

a. Base Contract with Option A executed at contract award. The contract period of performance shall be 24 months (730 days) from the Base Contract Notice to Proceed.

b. Base Contract awarded with Option A executed within six months (180 days) of contract award. The contract period of performance shall be 24 months (730 days) from Base Contract Notice to Proceed. No additional time will be added to the contract period of performance.

c. Base Contract awarded with Option A executed after six months (180 days) of contract award until the expiration of Option A listed in Paragraph H-4. The contract period of performance shall be 30 months (900 days) from the Base Contract Notice to Proceed.

Note: Awardable Option B and Awardable Option C may be exercised separately as necessary in the event the Government requires storage of the Upper Left Miter Gate Leaf and/or the Upper Right Miter Gate Leaf and their Associated Items for the Miter Gate. If exercised, Awardable Option B and Awardable Option C will be excercised no later than 30 calendar days prior to the completion date for the Base Contract or Awardable Option A, whichever is later.

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE

Within Days After Date Item No. Quantity of Contract

(a) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

(End of clause)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SPECIAL CONTRACT REQUIREMENTS

H-1 DELIVERY

After final fabrication shop inspection and approval for delivery by the Government at the fabrication site, the Contractor shall deliver the miter gate and associated items via barge(s) dock front to:

Pittsburgh Engineer Warehouse and Repair Shops (PEWARS) 3500 Grand Avenue Pittsburgh, PA 15225- 1584 412-395-7601

The facility is located on the left bank of the Ohio River, Mile 7.5. The Contractor shall notify the Government at least calendar 60 calendar days prior to the date of delivery, and shall coordinate delivery requirement at least 48 hours, not including Federal holidays and weekends, prior to the approximate time of delivery as described in the technical specifications.

Delivery shall be made between the hours of 8:00 am and 3:30 pm ET, Monday through Friday, with Federal holidays excluded:

New Year’s Day Martin Luther King Day President’s Day Memorial Day Independence Day Labor Day Columbus Day Veteran’s Day Thanksgiving Day Christmas Day

Delivery will be made to PEWARS via barge as described above. Final acceptance by the Government will be made after delivery and final inspection at PEWARS. Products will be off-loaded from the Contractor’s barge(s) or stored on the barge(s) as specified in Section 01 35 00.00 08 SPECIAL PROCEDURES. The gates and associated items will be off-loaded by the Government using Government-supplied cranes.

H-2 INVOICING

Payment will be made monthly upon submission of a proper invoice to:

Original & 3 copies to:

Resident Engineer Upper Ohio Area Office U.S. Army Corps of Engineers 3510 Grand Avenue Pittsburgh, PA 15225 412-395-7680

H-3 PAYMENT FOR PERFORMANCE AND PAYMENT BONDS

a. In order to ensure that sufficient funds have been set aside for payment of performance and payment bond premiums, bidders shall insert in Bid Item Nos. 0001, 1001, 2001, and 3001 an appropriate not-to-exceed dollar amount. Failure of bidders to insert a not-to-exceed dollar amount in Bid Item Nos. 0001, 1001, 2001, and 3001 will cause the bid to be rejected as non-responsive.

b. The Contractor shall be reimbursed for actual bond costs only, as established by evidence of full payment to the surety, up to the dollar amount set forth in Bid Item Nos. 0001, 1001, 2001, and 3001.

In no case will the Contractor be reimbursed an amount which exceeds the dollar amount set forth in Bid Item Nos. 0001, 1001, 2001, and 3001.

c. The Government will reimburse only the Prime Contractor for actual paid bond premiums.

The Government will not reimburse any subcontractor’s paid bond premiums.

H-4 AWARDABLE OPTIONS

It is Government's intent to award the Base Contract (Item Nos. 0001 through 0005) and Awardable Option A (Items 1001 through 1003) at one time provided there is sufficient funds to perform this action. If sufficient funds are not available at the time of contract award, Option A (Item Nos. 1001 through 1003) may be exercised at a later date no later than 31 October 2020. Awardable Option B Item Nos. 2001 through 2002 and Awardable Option C Item Nos. 3001 through 3002, may be exercised as necessary. If exercised, Awardable Option B and Awardable Option C will be excercised no later than 30 calendar days prior to the completion date for the Base Contract or Awardable Option A, whichever is later. The Not-To Exceed amount for Items 1001,2001, and 3001 should reflect bond costs for all awardable option items within the awardable option.

H-5 SAFETY AND HEALTH REQUIREMENTS MANUAL

A copy of the current US Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1 and its changes are available at http://www.usace.army.mil/SafetyandOccupationalHealth/SafetyandHealthRequirementsManual.aspx . The Contractor shall be responsible for complying with the current edition and all changes posted on the web as of the effective date of this solicitation.

H-6 COPYING, DISSEMINATION OR DISTRIBUTION OF INFORMATION

Those who disseminate information contained in the solicitation and/or drawings must ensure that the recipients have a legitimate need for the information and maintain a record of each recipient. Legitimate need means recognized business entities seeking to do business, or having business, with the Government as price contractors, subcontractors or suppliers. You shall maintain a record of the following information on each recipient:

Business name and address, Unique Entity Identifier (formerly DUNS Number) and IRS Tax ID Number, and name and telephone number of person receiving the information.

H-7 ELECTRONIC EMAIL (E-MAIL) ADDRESS

Establish and maintain electronic mail (e-mail) capability along with the capability to open various electronic attachments as text files, pdf files, and other similar formats. Within 10 calendar days after contract award, provide the Contracting Officer a single (only one) e-mail address for electronic communications from the Contracting Officer related to this contract including, but not limited to contract documents, invoice information, request for proposals, and other correspondence. The Contracting Officer may also use e-mail to notify the Contractor of base access conditions when emergency conditions warrant, such as hurricanes or terrorist threats. Multiple e-mail addresses are not allowed.

It is the Contractor's responsibility to make timely distribution of all Contracting Officer initiated e-mail with its own organization including field office(s). Promptly notify the Contracting Officer, in writing, of any changes to this e-mail address.

H-8 SUBMISSION OF CONTRACT DOCUMENTATION

Provide contract documentation in an electronic format to the greatest extent practicable. Contract documentation to be submitted electronically includes, but is not limited to, the following:

Submittals, including ENG 4025 transmittal form Meeting Minutes Construction Photographs Correspondence Requests for Information Payroll Documents Statement and Acknowledgement Forms (SF 1413) Request for Additional Classification (SF 1444) Progress Payment Requests and Supporting Documentation Contract Modification Documentation, including SF 30, Contractor’s Offer, Cost/Pricing Audit Report, and

Certificate of Current Cost or Pricing Data Contractor Quality Control Reports (with attachments) Accident Reports Schedules and Schedule Updates Closeout Documentation, including Release of Claims

Electronic files must be of sufficient quality that all information is legible. Electronic format shall be in Adobe.PDF format, unless otherwise specified or directed by the Contracting Officer. Whenever possible, PDF files shall be generated from original documents so that the text included in the PDF file is both searchable and can be copied. If documents are scanned, Optical Character Resolution (OCR) routines are required. Files exceeding 30 pages shall be indexed and bookmarked to allow efficient navigation of the file. When required, the electronic file must include a valid electronic signature, or scan of a signature.

Email electronic documents fewer than 10MB to an email address as directed by the Contracting Officer. Electronic documents over 10MB shall be provided on a CD/DVD or through an electronic secure file sharing system that will require coordination with the Contracting Officer for access guidance.

The Contractor shall be prepared to provide up to five (5) additional paper hard copies of any contract document at the discretion of the Contracting Officer, at no additional cost to the Government. In addition to the electronic file format described above, the following list of documents shall be provided in their original format because law or other regulations require signed originals be kept in accordance with FAR 4.805 -- Storage, Handling, and Disposal of Contract Files:

Advance Payment Bond

Bid Bond including Annual Bid Bond Performance Bond including Annual Performance Bond Payment Bond Patent Infringement Bond Any performance security instruments Certificate of Insurance Novation/Change of Name Agreement Assignment of Claims Any document containing a raised seal. Examples include o Notarized documents o Architecture Drawings

Paper Payroll Documents Physical signatures on contracts and modifications o SF 33 o SF 30

SECTION I - CONTRACT CLAUSES

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. It is the Government’s intent to award the Base Contract and Option A together provided there are sufficient funds to perform this action. If sufficient funds are not available at contract award, the Base Contract may initially be awarded with Option A executed after award of the Base Contract. The period of performance and delivery of the miter gates with associated items shall be as follows:

a. Base Contract with Option A executed at contract award. The contract period of performance shall be 24 months (730 days) from the Base Contract Notice to Proceed.

b. Base Contract awarded with Option A executed within six months (180 days) of contract award. The contract period of performance shall be 24 months (730 days) from Base Contract Notice to Proceed. No additional time will be added to the contract period of performance.

c. Base Contract awarded with Option A executed after six months (180 days) of contract award until the expiration of Option A listed in Paragraph H-4. The contract period of performance shall be 30 months (900 days) from the Base Contract Notice to Proceed.

Note: Awardable Options B and C may be exercised as necessary in the event the Government requires storage of the Upper Left and/or the Upper Right Miter Gate Leafs and Associated Items for the Miter Gate.

(End of clause)

(End of Summary of Changes)