Summary_of_Changes_for_Atlantic_Intracoastal_Waterway.pdf

USACE Solicitation W91236‐16‐R‐0004

Atlantic Intracoastal Waterway (AIWW) Summary of Changes

The following document details the changes to USACE Solicitation #W91236‐16‐R‐0004 for the subject procurement:

‐ The original synopsis was posted to FBO on February 03, 2016

‐ On March 31, 2016, (14:37) the synopsis was amended and the formal solicitation was posted to FBO. The following documents were uploaded at this time:

W91236‐16‐R‐0004_Solicitation.pdf Description: Solicitation

AIWW_SOW_July_2016‐March_2019.pdf Description: Scope of Work

W91236‐16‐R‐0004_Attachment_J‐01_Project_Maps.pdf Description: Attachment J‐01 Project Map

W91236‐16‐R‐0004_Attachment_J‐02_Facility_Description_and_Building_Inventory.pdf Description: Attachment J‐02 Facility Description and Building Inventory

W91236‐16‐R‐0004_Attachment_J‐03_Government_Furnish_Property.pdf Description: Attachment J‐03 Government Furnish Property

W91236‐16‐R‐0004_Attachment_J‐04_Project_Signs_and_Buoys.pdf Description: Attachment J‐04 Project Signs and Buoys

W91236‐16‐R‐0004_Attachment_J‐05_Sample_Forms.pdf Description: Attachment J‐05 Sample Forms

W91236‐16‐R‐0004_Attachment_J‐06_Preventive_Maintenance_and_Job_Plans.pdf Description: Attachment J‐06 Preventive Maintenance and Job Plans

W91236‐16‐R‐0004_Attachment_J‐07_Building_Maintenance_and_Paint_Schedule.pdf Description: Attachment J‐07 Building Maintenance and Paint Schedule

W91236‐16‐R‐0004_Attachment_J‐08_ND‐12_Barge_Maintenance.pdf Description: Attachment J‐08 ND‐12 Barge Maintenance

W91236‐16‐R‐0004_Attachment_J‐09_Underwater_Bridge_Inspections.pdf Description: Attachment J‐09 Underwater Bridge Inspections

W91236‐16‐R‐0004_Attachment_J‐10_Record_of_Major_Facility_Downtime.pdf Description: Attachment J‐10 Record of Major Facility Downtime

W91236‐16‐R‐0004_Attachment_J‐11_Performance_Requirements.pdf Description: Attachment J‐11 Performance Requirements

W91236‐16‐R‐0004_Attachment_J‐12_Valve_Mechanical_Fasteners.pdf Description: Attachment J‐12 Valve Mechanical Fasteners

W91236‐16‐R‐0004_Attachment_J‐13_Statement_of_Work.pdf *(See note)* Description: Attachment J‐13 Statement of Work *(See note)*

W91236‐16‐R‐0004_Attachment_J‐14_Wage_Determinations.pdf Description: Attachment J‐14 Wage Determinations

*Note: The document entitled “AIWW_SOW_July_2016‐March_2019.pdf” is one document that contains the Scope of

Work and all attachments in one file. To aid in uploading/downloading, the attachments were broken out and posted as separate documents. The file entitled “W91236‐16‐R‐0004_Attachment_J‐13_Statement_of_Work.pdf” was labeled in error. Both documents are identical, and both will be replaced by a new version in an upcoming amendment.

‐ On March 31, 2016, (14:43) the FBO POSTING was amended to update the primary points of contact. NO changes to the content of the solicitation or attachments were made.

‐ On April 19, 2016, the SOLICITATION was amended via Amendment 0001 to Solicitation #W91236‐16‐R‐0004 to delete the files entitled “AIWW_SOW_July_2016‐March_2019.pdf” and “W91236‐16‐R‐0004_Attachment_J‐

13_Statement_of_Work.pdf.” The Scope of Work has been revised, and will be posted as “AIWW SOW_April 2016.” The following changes have been incorporated in this amendment:

‐ Amendment 0001 reflecting the changes detailed herein has been included as an attachment.

‐ The Proposal due date has been changed from 03 May 2016 to 09 May 2016.

‐ The file entitled “NLB 2016‐03‐01 Critical Finding Report ‐ 2016‐03‐02 Revision 1” has been included as an attachment.

‐ This document, entitled “Summary of Changes” has been included as an attachment.

‐ In Section A of the Solicitation, the text at paragraph A.2 has been revised to lengthen the acceptance period for proposal to 75 days.

‐ In Section A of the Solicitation, the text at paragraph A.11 has been revised to clarify the period of performance.

‐ In Section A of the Solicitation, the text at paragraph A12 has been revised to change the deadline for ProjNet submittals and to correct the referenced solicitation number.

‐ In Section A of the Solicitation, the text at paragraph A.16 has been revised to clarify the basis for award.

‐ ‐ In Section A of the Solicitation, all references to the Solicitation Number have been revised to ‐ “W91236‐16‐R‐0004.”

‐ In Section B of the Solicitation, CLIN 0012 has been added to the Bid Schedule to incorporate the requirement for repair of damage to North Landing Bridge and Fender System in accordance with new text inserted at the

Statement of Work at paragraph 19.6.

‐ In Section B of the Solicitation, the text “exclusive of Item 2007” in CLIN 2007 has been deleted.

‐ In Section C of the Solicitation, the date of the Scope of Work has been changed to 11 April 2016.

‐ In Section E of the Solicitation, the text at paragraph 2.2.1 has been revised.

‐ In Section E of the Solicitation, the text at paragraph 3.2 has been revised.

‐ In Section E of the Solicitation, the text at paragraph 4 has been revised.

‐ In Section G of the Solicitation, the Contracting Office POC has been updated.

‐ In the Scope of Work, the text at paragraphs 11.2, 11.2.1, 11.2.2, and 11.2.3 has been revised. The text at paragraph 11.2.4 has been deleted.

‐ In the Scope of Work , new text has been added at paragraphs 19.6, 19.6.1, 19.6.1.1, 19.6.1.2, 19.6.1.3, and

19.6.2 to incorporate the requirement for repair of damage to North Landing Bridge and Fender System.

‐ For purposes of clarification for offerors, the full text of paragraphs 2.2.1, 3.2, and 4 of Section E of the Solicitation are set out below with tracked changes reflected therein. Similarly, the full text of paragraphs 11.2, 11.2.1, 11.2.2, and 11.2.3 of the Scope of Work are set out below with tracked changes.

Scope of Work Changes

11.2. Damage to Government Property: When government properties (such as, but not limited to, fender systems, bulkheads, lock gates, lock fenders, dolphins, vehicular gates at bridges, bridges etc.) are damaged by vessels transiting the canals, vehicles on the roadways, or any other methods, it shall be the contractor's responsibility to contact parties responsible for the damage, and collect funds to repair damages or insure that responsible parties make repairs.

11.2. Third Party Damage to Government Property: When damaged government property (such as, but not limited to, fender systems, bulkheads, lock gates, lock fenders, dolphins, vehicular traffic gates at bridges, traffic lights, bridges, etc.)

by a third party, the contractor shall immediately assess the damage to determine whether ongoing use of the facility, in light of the damage, presents a risk to life, health, safety, or function of the Government facility. In all instances of property damage, the contractor shall notify the Contracting Officer’s Representative immediately of the damage. In addition, the contractor shall conduct a preliminary investigation of the damage and prepare a report describing the damage and the cause of the damage, if determined through the course of the preliminary investigation. Where it is known or reasonably suspected that damage was caused by a third‐party, the contractor shall identify the responsible party and the basis for attributing the damage to the third‐party. Where feasible, the contractor shall undertake minor repairs of the damaged property (for purposes of this paragraph a minor repair is one that can be readily valued at $ $5,000 or less). In such instances, the contractor shall account for all costs incurred to perform the minor repair and provide a written accounting of any costs they fell are outside of the scope of this contract to the Contracting Officer’s Representative.

11.2.1. Repairs may be accomplished in any one of four ways. The party responsible for the damage may make repairs: the party responsible for damage may hire another company to perform repairs: the party responsible for the damage may reimburse the government for the cost of repairs; or when approved by the Contracting Officer's Representative, the party responsible for the damage may reimburse the AIWW Facilities Operations and Maintenance Contractor directly, and repairs would be made by the AIWW Facilities Operations and Maintenance Contractor.

11.2.1. Damage Repair: Where property damage is not susceptible to reasonable remediation through minor repair, the contractor shall provide technical assistance to the Government to identify the technical requirements and help develop the statement of work to complete the necessary repairs. The Government shall be responsible for determining the standard for repair but will solicit the contractor’s input where appropriate. The Government will determine the appropriate source for repair of damage, which may include the contractor, and will proceed to procure the repair accordingly. In addition, the contractor will work with the Contracting Officer Representative to complete the accident report, ENG Form 3394.

11.2.2. When disputes arise between the parties causing the damage and the contractor; the contractor shall make every effort to collect funds or have repairs made. If the dispute cannot be resolved and legal actions are required the contractor shall notify the Contracting Officer in writing of the nature of the dispute and all facts regarding the accident. Legal actions will be handled be the government. The contractor shall provide report regarding the damage and assist by presenting all facts to the Contracting Officer. In any case where the contractor's actions or lack of action caused or contributed to the damage, the repairs shall be made at contractor expense.

11.2.2. Responsibility for Third‐Party Damage: The Government shall be responsible for collecting and/or settling disputed amounts received from responsible third‐parties for damage to Government real property. In the event of damage to Government personal property, the Government, at its discretion, may make arrangements for the responsible third‐party to repair the damaged property directly in lieu of making payment to the Government for repair. In either event, the contractor shall be responsible for preserving any evidence in its possession which may tend to demonstrate the responsibility of the third‐party and providing reasonable assistance to the Government in facilitating the repair or investigating the matter.

11.2.3. Ensure that the party responsible for the damage submits plans and specifications showing the repair work to be performed to the Contracting Officer's Representative for acceptance.

11.2.3. Coast Guard Notification: The contractor shall notify the Fifth Coast Guard District of any accident immediately and coordinate with the Contracting Officer’s Representative to ensure that such notification has occurred.

Section E Changes

2.2.1 Quality of Work

This includes both demand maintenance and repair below the Limit of Liability and those above the limit of liability. Acceptable work will be that which is fully completed, is done in accordance to the work order or proposal agreed to by the COR and is done in conformance to Contract and acceptable industry standards, and task order if applicable. Government inspections will be made according to the surveillance method(s) included in the Government Quality Assurance Program. Defects are Contractor's failure to meet contract provisions, standards and specifications as described herein. Only defects outstanding at the time of invoicing will be considered in the percentage of defects found.

2.2.1 Quality of Work

Acceptable work will be that which is fully completed, is done in accordance to the work order or proposal agreed to by the COR and is done in conformance to Contract and acceptable industry standards, and task order if applicable. Government inspections will be made according to the surveillance method(s) included in the Government Quality Assurance Program. Defects are Contractor's failure to meet contract provisions, standards and specifications as described herein. Only defects outstanding at the time of invoicing will be considered in the percentage of defects found.

3.2 Preventive and Demand Maintenance Invoices

3.2.1 Preventive Maintenance and Demand Maintenance below the LOL

Preventive and Demand Maintenance will be paid on the basis of the completion of annually scheduled work when the Contract surveillance does not exceed find unacceptable performance. This will include all work within the Contractor’s Limit of Liability.

The Contractor shall perform preventive and demand maintenance as scheduled and confirmed by the Contracting Officer, Contracting Officer’s Representative and as required in the Contract in the required timeframe.

3.2.2 Demand Maintenance and Repair above the LOL

Proposals will be required for all demand maintenance projects and repair requirements over the limit of liability with invoices submitted monthly. Payments for this work will be made when the work has been fully completed, inspected and found to be free of defects. No progress payments will be made on this work unless approved by the Contracting Officer in advance. Individual line items for all demand maintenance or repair projects will be required. Detailed cost summaries for each project over the limit of liability, including a breakout of labor and material utilized shall be included with invoice. Employees utilized, their classifications and labor rates shall be clearly identified. The Government will pay all costs for Demand and repair work orders with a total cost above the Limit of Liability when the work orders are processed in accordance with the Contract and the Invoice is properly approved.

The Contracting Officers Representative will verify the validity of the invoice as submitted, perform any deductions as specified herein, if required, and submit it to the Contracting Officer for payment.

3.2 Reserved

4. RIGHTS AND REMEDIES

The rights of the Government and remedies described in this document are in addition to all other rights and remedies set forth in the contract. Specifically, the Government reserves its rights under the inspection of Services, Termination, and Default clauses. The

PRS implements that part of the Inspection of Services clause which allows the Government the right to require Contractor re‐ performance, and/or reduce the payments made to the Contractor for work not performed acceptably. Any deductions pursuant to the PRS shall reflect the reduced value of work performed under the contract. The Contractor shall not be relieved of full performance of the work hereunder and may be terminated for default based upon inadequate performance even if a deduction was previously taken for the unsatisfactory performance. Only one method will be used at a time to evaluate a listed task during an inspection period for payment computation purposes. The Government is not restricted to the inspection method. The Government may change surveillance method(s), quality assurance procedures, and increase or decrease the degree of surveillance based upon contract modifications, lessons learned, technological changes, surveillance documentation and changes to the Contractor's quality control system.

4. RIGHTS AND REMEDIES

The rights of the Government and remedies described in this section are in addition to all other rights and remedies set forth in the contract. Specifically, the Government reserves its rights under the inspection of Services, Termination, and Default clauses. The performance requirements in the SOW implement that part of the Inspection of Services clause which allows the Government the right to require Contractor re‐performance, and/or reduce the payments made to the Contractor for work not performed acceptably. Any deductions pursuant to the performance requirements in the SOW shall reflect the reduced value of work performed under the contract. The Contractor shall not be relieved of full performance of the work hereunder and may be terminated for default based upon inadequate performance even if a deduction was previously taken for the unsatisfactory performance. Only one method will be used at a time to evaluate a listed task during an inspection period for payment computation purposes. The Government is not restricted to the inspection method. The Government may change surveillance method(s), quality assurance procedures, and increase or decrease the degree of surveillance based upon contract modifications, lessons learned, technological changes, surveillance documentation and changes to the Contractor's quality control system.