W9128A20B0002 Am-0002.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

Port Allen Deep Draft Harbor Maintenance Dredging, Island of Kauai, State of Haw aii

See Continuation Page.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

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

16C. DATE SIGNED

BY

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 W9128A20B0002

X 9B. DATED (SEE ITEM 11)

05-Jun-2020

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.

Am-0002

5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

CODE

POH - CONTRACTING DIVISION HAWAII

USACE, HONOLULU DISTRICT

BLDG 252 (CECT-POH)

FT. SHAFTER HI 96858-5440

W9128A 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

25-Jun-2020

W9128A20B0002 Am-0002

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

1. CHANGES TO SPECIFICATIONS. Attached hereto are revised pages/paragraphs to the specifications. The revision mark “(Am-0002)” is shown on each revised page.

a. REVISED SECTIONS. The following are revised pages to the solicitation. Changes are marked in “*” asterisks and/or in bold.

Section 00 10 00 – Pages 2-4 Section 00 21 13 – Pages 1-3 Section 00 45 00 – Page 18 Section 00 72 00 – Page 7 Section 00 73 00, Appendix B – Page 1 Section 01 57 19 – Pages 22-34 Section 01 90 00 – Pages 6, 7 Section 35 20 23 – Page 6, 8, 9, 11

b. NEW SECTIONS. The following are new pages to the solicitation.

Section 00 60 00, Attachment A – Requests for Information (#1 through 30) Section 01 57 19, Attachment 1 – Map of Coral Cover Section 01 57 19, Attachment 2 – Port Allen Harbor Maintenance Dredge Sediment Characterization Section 01 57 19, Attachment 3 – Mandatory Permit Conditions for Ocean Disposal of Suitable Dredged Material

2. Survey data from the Port Allen Hydrographic Survey conducted on February 9, 2019 by U.S. Army Corps of Engineers, Portland District, is available to download from the Department of Defense Secure Access File Exchange (DoD SAFE). To receive download instructions and security code, please provide the following information via e-mail to Mr. Colin Waki (colin.k.waki@usace.army.mil) and Mr. Kent Tamai (kent.a.tamai@usace.army.mil) AND allow up to 48 hours for a reply:

Point of Contact:

- Name and Title

- Company Name

- Mailing Address

- E-mail Address

- Phone Number

Note: Survey data is provided for information only. Contract volume computations and payment will be based on the pre-dredge survey as noted in Section 01 22 00.00 10, Paragraph 1.3.1.1 – Payment.

3. The bid opening date and time remain unchanged.

Section 00 10 00 – Page 2 (Am-0002)

NOTES TO BID SCHEDULE:

1. This requirement is UNRESTRICTED.

2. See Section 00 72 00, FAR Clause 52.204-7, System For Award Management (OCT 2018), regarding registration in the SAM database. Lack of registration in the SAM database will make a bidder ineligible for award. Bidders must have and/or maintain an active registration with the System for Award Management (SAM) website. To register in SAM, go to https://www.sam.gov.

3. Award will be based on the evaluation of the Base Schedule and all Options. See Section 00 21 13, FAR Provision 52.217-5 Evaluation of Options.

4. By submission of a price under OPTIONS, the Bidder agrees that the Government may exercise the OPTION(S) at any time within 270 calendar days following the date of award of the basic contract.

The Government may exercise the option(s) by will issue preliminary written notice to the Contractor within 7 days prior to exercising the option(s).

5. The Government’s priorities in the awarding of options (in descending order) are as follows:

a. Option 1 – Dredging Area U3

b. Option 2 – Dredging Area U4

6. Bidders must bid on all items. Failure to bid on all items in the Bid Schedule may cause the bid to be considered non-responsive.

7. Small Business Subcontracting Plan In accordance with Section 00 72 00, FAR Clause 52.219-9, Small Business Subcontracting Plan, the apparent low bidder shall submit the Small Business Subcontracting Plan that offers subcontracting possibilities NO LATER THAN five (5) working days after bid opening. The apparent low bidder shall submit its Small Business Subcontracting Plan to colin.k.waki@usace.army.mil AND kent.a.tamai@usace.army.mil. Failure to submit the Small Business Subcontracting Plan in a timely manner may cause the bidder to be considered non-responsive.

The U.S. Army Corps of Engineers considers the following goals reasonable and achievable for the performance of the resultant contract:

a. 14% of the subcontracted amount with small business;

b. 3% of the subcontracted amount with small disadvantaged business;

c. 2% of the subcontracted amount with woman-owned small business;

d. 2% of the subcontracted amount with HUBZone small business;

e. 0.5% of the subcontracted amount with services disabled veteran owned small business

8. Each Bidder shall submit the following documents electronically in PDF format. Failure to submit all required documents electronically in PDF format may result in the Bidder being considered non-responsive. Please refer to Section 00 73 00, Appendix A – Electronic Bid Submissions, for further instructions.

a. SF1442 (pages 1 and 2) including acknowledging all amendments.

b. Bid Schedule

c. Bid Guarantee (See SF1442, Block 13B and Clause 52.228-1, Bid Guarantee, in Section 00 72 00)

d. Section 00 45 00, Representations and Certifications

Section 00 10 00 – Page 3 (Am-0002)

e. Section 00 45 00, Representations and Certifications, Appendix A – SF LLL, Disclosure of Lobbying Activities

f. Bid Bond

9. All Bidders shall submit the hard copy of the original bid, including the original Bid Guarantee, within seven (7) calendar days after the date of bid opening.

10. Due to the current COVID-19 pandemic travel restrictions for the State of Hawaii, no pre-bid site visit will be conducted for this project. Bidders are responsible for conducting any/all research required to validate the conditions at the project site.

11. Instructions for submission of Requests for Information (RFI) inquiries will be included in an upcoming amendment. Technical inquiries and questions relating to this solicitation are to be submitted via Bidder Inquiry in ProjNet. Please refer to Section 00 73 00, Appendix B – Bidder Questions and Comments, for further instructions.

PAYMENT(S)

Compensation for all work to be performed under this task order will be made under the payment item(s) listed herein. The principal features of the work to be included under the payment item(s) are noted.

Work required by drawings and scope of work and not particularly mentioned shall be included in and be paid for under the task order price for the item to which the work pertains. Price(s) and payment(s) for the item(s) shall cover all work, complete and finished in accordance with drawings, scope of work and shall be full compensation for all work in connection therewith, including quality control and cost of performance-and payment-bond premiums in the CONTRACT CLAUSES. Price(s) and payment(s) shall constitute full and final compensation for furnishing all materials, equipment, management, supervision labor, transportation, fuel, power, water, lodging and all incidental items necessary to complete the work, except as otherwise specified to be furnished by the Government. For the purpose of CONTRACT CLAUSE entitled “PROMPT PAYMENT FOR CONSTRUCTON CONTRACTS”, the term “designated billing office” and “designated payment office” are as follows:

a. Billing Office

U.S. Army Engineer Division, Honolulu District Fort Shafter Area Office, Bldg 230 Fort Shafter, HI 96858-5440

b. Payment Office

USACE Finance Center Attn: CEFC-FP 5722 Integrity Drive Millington, TN 38054-5005

Section 00 10 00 – Page 4 (Am-0002)

Item numbers mentioned herein after correspond to the item numbers in the BID SCHEDULE.

CLIN 0001 – Mobilization, will be paid for at the contract lump sum price, complete, for the mobilization of all the Contractor’s plant and equipment.

CLIN 0002 – Demobilization, will be paid for at the contract lump sum price, complete, for the demobilization of all the Contractor’s plant and equipment.

CLIN 0003 – Dredge Area U1 (Sta 0+00 to 6+00) and Area U2 (Sta 6+00 to 9+00), will be paid for at the cubic yard unit price, complete, includes dredging and disposal of dredge material in accordance with these specifications. This item shall include, but not be limited to water quality testing, environmental plans, dredging, hauling, disposal, miscellaneous items, setting up, protection of the environment, cleanup, and all incidental items necessary to complete the work.

CLIN 0004 – Option 1 Dredging: Dredge Area U3 (Sta 9+00 to 12+00), will be paid for at the cubic yard unit price, complete, includes dredging and disposal of dredge material in accordance with these specifications. This item shall include, but not be limited to water quality testing, environmental plans, dredging, hauling, disposal, miscellaneous items, setting up, protection of the environment, cleanup, and all incidental items necessary to complete the work.

CLIN 0005 – Option 2 Dredging: Dredge Area U4 (Sta 12+00 to 14+70), will be paid for at the cubic yard unit price, complete, includes dredging and disposal of dredge material in accordance with these specifications. This item shall include, but not be limited to water quality testing, environmental plans, dredging, hauling, disposal, miscellaneous items, setting up, protection of the environment, cleanup, and all incidental items necessary to complete the work.

Section 00 21 13 – Page 1 (Am-0002)

Section 00 21 13 - Instructions to Bidders

CLAUSES INCORPORATED BY REFERENCE

52.203-18 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements--Representation

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data - Modifications -

Sealed Bidding

AUG 2011

52.214-28 Subcontracting Certified Cost Or Pricing Data--Modifications--Sealed Bidding OCT 2010 52.217-5 Evaluation of Options JUL 1990 52.222-38 Compliance With Veterans' Employment Reporting Requirements FEB 2016 52.232-13 Notice Of Progress Payments APR 1984 52.232-14 Notice Of Availability Of Progress Payments Exclusively For Small Business

Concerns

APR 1984

CLAUSES INCORPORATED BY FULL TEXT

52.204-20 Predecessor of Offeror (JUL 2016)

(a) Definitions. As used in this provision--

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity;

or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Section 00 21 13 – Page 2 (Am-0002)

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed-Price contract resulting from this solicitation.

(End of provision)

52.219-2 EQUAL LOW BIDS. (OCT 1995)

(a) This provision applies to small business concerns only.

(b) The bidder's status as a labor surplus area (LSA) concern may affect entitlement to award in case of tie bids. If the bidder wishes to be considered for this priority, the bidder must identify, in the following space, the LSA in which the costs to be incurred on account of manufacturing or production (by the bidder or the first-tier subcontractors) amount to more than 50 percent of the contract price.

(c) Failure to identify the labor surplus area as specified in paragraph (b) of this provision will preclude the bidder from receiving priority consideration. If the bidder is awarded a contract as a result of receiving priority consideration under this provision and would not have otherwise received award, the bidder shall perform the contract or cause the contract to be performed in accordance with the obligations of an LSA concern.

(End of provision)

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY

2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements,of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of provision)

Section 00 21 13 – Page 3 (Am-0002)

52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

The offeror represents that --

(a) ( ) It has, ( ) has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;

(b) ( ) It has, ( ) has not, filed all required compliance reports; and

(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

(End of provision)

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

69.1% 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

Section 00 45 00 – Page 18 (Am-0002)

(c) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause.

(End of provision)

52.204-20 Predecessor of Offeror (JUL 2016)

(a) Definitions. As used in this provision--

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

(End of provision)

52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

The offeror represents that --

(a) ( ) It has, ( ) has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;

(b) ( ) It has, ( ) has not, filed all required compliance reports; and

(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

(End of provision)

Port Allen Deep Draft Harbor Maintenance Dredging Island of Kauai, State of Hawaii

RFI # Reference Question Government Response 1 Miscellaneous Provisions:

1.10.1 Coordination

"The Contractor shall coordinate all work with the Contracting Officer and the Harbor Master to minimize interruption and inconvenience to DOT- Harbors or to the harbor users. Scheduling and programming of work will be established during the pre-construction conference. The typical harbor schedule includes calls by a fuel barge once every 3 weeks (in port for approx. 8 hours), and tour boats (catamarans) depart daily 0830-0900 then return and depart again 1230-1430 with returns at 1930 (berths on south side of pier)."

Can the Owner please clarify what is expected of the dredge in order to accommodate the tour boats during these times and what can be expected in terms of delays in dredging operations?

See Revised Section 01 90 00, Paragraph 1.10.1, per Am-0002.

Contractor shall coordinate with the Contracting Officer and Harbor Master to minimize interference with navigation as stated in Section 35 20 23, Paragraph 3.2.7 of the original solicitation.

2 Dredging: 3.2.7.1 Compensation for Interruption of Operations

"If dredging operations are interrupted due to the movement of vessels or floating equipment, an adjustment in the contract price or time for completion, or both, will be made as provided by the contract."

Can the Owner further define the method of compensation referred to here and consider adding an Owner directed standby CLIN to the project bid schedule?

See Revised Section 35 20 23, Paragraph 3.2.7.1, per Am-0002.

3 Governmental Safety Requirements: 3.1.3 Unforeseen Hazardous Material

"If material(s) that may be hazardous to human health upon disturbance are encountered during construction operations, stop that portion of work and notify the Contracting Officer immediately. Within 14 calendar days the Government will determine if the material is hazardous. If material is not hazardous or poses no danger, the Government will direct the Contractor to proceed without change. If material is hazardous and handling of the material is necessary to accomplish the work, the Government will issue a modification pursuant to FAR 52.243-4, 'Changes' and FAR 52.236-2, 'Differing Site Conditions.'"

Will the Owner please consider adding an Owner directed standby CLIN to the bid schedule to account for the downtime described in the event that hazardous material is encountered?

Hazardous materials such as those listed are not anticipated to be encountered. No additional standby CLIN will be considered.

4 Dredging: 3.5.3 Monthly Estimates

"Monthly estimates of work completed will be based on the result of soundings taken during the progress of the work. Deductions will be made for dredging and disposal not in accordance with the specifications."

Can the Owner clarify on what basis deductions will be made for dredging and disposal not in accordance with the specifications?

See Revised Section 35 20 23, Paragraph 3.5.3, per Am-0002.

5 Temporary Environmental Controls

Can the Owner direct as to where Attachments 1-3 referenced in the Specifications can be found?

See New Section 01 57 19, Attachments 1, 2 and 3, per Am-0002.

6 Governmental Safety Requirements: 3.5.2 Utility Location Verification

Will the Owner provide a map of the known utilities? If unavailable, are there any known utilities in the project dredging area?

There are no known utilities within the project area. No map will be provided.

7 XYZ Requesting the survey XYZ data from the Feb 09, 2020 survey shown in the Plans and also any more recent survey data.

See Am-0002, Standard Form 30, Page 2, Paragraph 2 for download instructions for the requested survey data.

Section 00 60 00, Attachment A (Am‐0002)

8 00 10 00 Notes to bid schedule: item 7c requests a bid guarantee be submitted with the bid. Item 7f requests a bid bond be submitted. Are these not one and the same?

See Revised Section 00 10 00, Bid Schedule Note 8, per Am-0002.

9 00 21 13 Section 00 21 13 is not listed as an item to submit with the bid. However there are two places that seem to ask for a response. These are: Page 1 52.204-20 2(b) and Page 3 52.222-22 (a)and (b).

See Revised Sections 00 21 13 and 00 45 00, Per Am-0002.

10 00 73 00 Should section 0021 13 be submitted with the bid? See Government responses to RFI #8 and #9.

11 35 20 23, Section 1.5 Section 1.5 discusses access across pier 1 for debris removal between

0800 and 1600 (M-F). Are we allowed access at this point for other mobilization activities? is there a limit on the number of times we can use pier 1 for access?

See Revised Section 01 90 00, Paragraph 1.12; and Section 35 20 23, Paragraph 1.5, per Am-0002.

12 00 10 00 Notes to bid schedule, item 4 states that the government may award the options any time within 270 calendar days of the award date. Is it possible that the government award the contract, issue NTP, have the contractor complete the base contract and then require the contractor to remobilize to complete the options? Will the contractor be paid for an additional mobilization?

The government will issue a modification to exercise the options once it makes a determination that the need for the options is valid.

13 Standard Form 1442 The contract duration is 380 calendar days after NTP. When is NTP anticipated?

The intent of the government is to award contract and issue NTP in a timely manner. NTP will be issued after the government makes a determination that performance and payment bonds are acceptable.

14 00 10 00 It is possible that the contractor could be complete with the base item for dredging prior to being notified they are to be awarded optional dredging items. Would the government consider reducing the extended period of option's award? Would the government consider awarding the dredging options at the time of contract award?

The government will issue a modification to exercise the options once it makes a determination that the need for the options is valid.

15 Temporary Environmental Controls, Section 3.1.1.2

Section 3.1.1.2 states "Avoid nighttime construction during the seabird fledging period, September 15 through December 15." and Section 3.1.2.1 states "During peak coral spawning (two 14-day periods one week before and after the full moon, in July and August) (1) dredging at night will be prohibited; and (2) any in-water sediment containment devices must not be left overnight."

During the periods when nighttime dredging is restricted for seabird fledging and peak coral spawning, will disposal of dredged material be allowed at nighttime?

See Revised Section 01 57 19, Paragraph 3.1.1.2 and 3.1.2.1, per Am- 0002.

16 3.5.1/3.5.2 Is the contractor to assume that a utility locate survey must be performed underwater in order to locate any unknown utilities within the dredge prism or can the government provide data on any existing utilities to locate?

See Government response to RFI #6.

17 Solicitation Offer Will the performance period of the contract be increased if any of the options are awarded?

See Revised Section 00 72 00, Clause 52.211-10, Per Am-0002.

18 Solicitation Offer If the performance period is increased how many days will be extended per option area?

See Revised Section 00 72 00, Clause 52.211-10, Per Am-0002.

19 In reference to Section 01 21 13 Page 2, the type of contract is described as Firm Fixed-Price, whereas Section 00 10 00 Page 3 states that CLIN 0003/0004/0005 (production dredging items) will be paid for as Unit Price.

Please clarify the type of contract for the Port Allen Deep Draft Harbor Maintenance Dredging Project.

See Revised Section 00 21 13, Clause 52.216-1, Per Am-0002.

20 Please advise if the U.S. Army Corps of Engineers (USACE) Permit has been issued for this dredging project. If yes, please provide copy of the permit. If no, please advise when the permit will be issued.

A Department of Army (DA) permit is not required for this project.

21 Is a State of Hawaii 401 Water Quality Certification (410 WQC) required for this project?

a. If yes, has the 401 WQC been issued? If yes, please provide copy of the 401 WQC.

b. If a State of Hawaii 401 WQC is required and has not been applied for yet, will the USACE be responsible for the application and permit or will the contractor be responsible for the application and permit?

c. Currently, the State of Hawaii 401 WQC application process is taking at least 1 year. If the 401 WQC is required, will additional time be added to the contract as well as escalation for the period of delay?

See Section 01 57 19, Paragraph 3.1.3. Contractor shall refer to state water quality standards, Hawaii Administrative Rules (HAR), Chapter 11- 54 "Water Quality Standards" (including amendments).

22 In reference to Section 01 57 19, Section 3.1.3.1 “Water Quality Monitoring”, please provide the parameters for the program:

a. Preconstruction Monitoring:

i. Is there a minimum or maximum duration over which the 10 days of background water quality readings are to be collected?

ii. How much time is needed to review and accept the results?

b. During Construction Monitoring:

i. Duration and frequency of monitoring at the locations upcurrent and downcurrent of the dredging enclosure.

ii. Duration and frequency of monitoring at the control station location not impacted by the dredging.

iii. Define what constituents are required to be monitored.

iv. What is the basis for establishing a turbidity threshold, and who reviews and approves the threshold?

c. Is post-construction monitoring required? If yes, please address:

i. Number of monitoring locations.

ii. Duration and frequency of post-construction monitoring.

iii. Define what constituents are required to be monitored.

We need this information in order to prepare pricing for the Water Quality Monitoring program.

Contractor shall refer to Hawaii Administrative Rules (HAR), Chapter 11- 54 (in particular subsection 4, "Basic Water Quality Applicable to All Waters") for state water quality standards.

See Revised Section 01 57 19, Paragraph 3.1.3.1, per Am-0002. Water quality monitoring results will be reviewed by the Government within 5 business days of submittal by the Contractor.

23 Section 010 57 19 refers to Attachments 1 (Coral Cover Map), 2 (Summary of Sediment Characteristics and Analyses) and 3 (PAODMDS Site Use Conditions). Please make these attachments available to the bidders.

See Government response to RFI #5.

24 In reference to 01 57 19, Section 3.1.2.1b(2) states “Any in-water sediment containment devices must not be left overnight.” Please confirm this statement is accurate. Once placed in the water silt curtains cannot be taken out of the water without damaging the silt curtain beyond re-use.

Also, deploying and removing a silt curtain of this length and depth will take longer than one shift. This requirement will effectively prevent daytime dredging during the coral spawning period.

Confirming the statement is accurate.

25 Please provide the Government’s quantity estimates for the miscellaneous trash and debris that is to be raked from each dredge area prior to the start of dredging.

Contractor is responsible for determining an estimate for a reasonable quantity of miscellaneous trash and debris for removal/disposal.

26 Please confirm that the Site Safety and Health Officer (SSHO) must be on site whenever work is occurring and that he/she cannot have any other collateral duties.

Confirmed. Refer to Section 01 35 26, Paragraph 1.6.1.1, per the original solicitation.

27 Please confirm that the Contractor Quality Control (CQC) Systems Manager must be on site whenever work is occuring and that he/she cannot have any other collateral duties.

Confirmed. Refer to Section 01 45 04, Paragraph 3.4.2, per the original solicitation.

28 Please provide the digital survey points data file for the available hydrographic survey as shown on the bid plans.

See Government response to RFI #7.

29 Please confirm that this project is not exempt from the Hawaii General Excise Tax requirement and that the contractor shall pay the State of Hawaii the 4% General Excise Tax based on the full contract value.

Bidders must follow the State of Hawaii Department of Taxation regulations.

30 Please extend RFI deadline so that bidders have time to review and comment on the additional environmental documentation.

See Revised Section 00 73 00, Appendix B, per Am-0002.

Section 00 72 00 – Page 7 (Am-0002)

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 7 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 380 calendar days for the base schedule, and an additional 90 calendar days from the modification issuance date for every option that is exercised. The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $2,031.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

Section 00 73 00, Appendix B – Page 1 (Am-0002)

BIDDER QUESTIONS AND COMMENTS

Technical inquiries and questions relating to this solicitation are to be submitted via Bidder Inquiry in ProjNet at (https://www.projnet.org) no later than July 2, 2020, 2:00 PM Hawaii Standard Time. To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access. A prospective vendor who submits a comment/question will receive an acknowledgement of their comment/question via email, followed by an answer to the comment/question after it has been processed by our technical team. Bidders are requested to review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

All timely questions and approved answers will be made available through ProjNet. Approved answers to all timely questions will also be posted as an amendment to the solicitation in the form of a report generated from ProjNet as soon as the comment/question entering period is over and all answers are finalized.

The Solicitation Number is: W9128A20B0002

The Bidder Inquiry Key is: Q8XF97-J265W6

Specific Instructions for ProjNet Bid Inquiry Access:

1. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

2. Identify the Agency. This should be marked as USACE.

3. Key. Enter the Bidder Inquiry Key listed above.

4. Email. Enter the email address you would like to use for communication.

5. Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

6. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and

Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

7. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

Specific Instructions for Future ProjNet Bid Inquiry Access:

1. For future access to ProjNet, you will not be emailed any type of password. You will utilize your Secret Question and Secret Answer to log in.

2. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

3. Identify the Agency. This should be marked as USACE.

4. Key. Enter the Bidder Inquiry Key listed above.

5. Email. Enter the email address you used to register previously in ProjNet.

6. Click Continue. A page will then open asking you to enter the answer to your Secret Question.

7. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

O&M DREDGING Port Allen Harbor

l. Any permanent or long-term deployments shall include an inspection and maintenance program to reduce the likelihood of failures that may result in loose mooring lines lying on the substrate or hanging below a drifting buoy.

m. Mooring systems, including those used for temporary markers, scientific sensor buoys, or vessel moorings, shall be completely removed from the marine environment immediately at the completion of the authorized work or the end of the mooring's service life. The only exceptions to this rule shall be mooring anchors such as eyebolts that are epoxied into the substrate and which pose little or no risk to marine life.

n. Maintenance dredging shall not be undertaken if any ESA-listed species is within 50 yards of the authorized work, and those operations shall immediately shut-down if an ESA-listed species enters within 50 yards of the authorized work.

o. Anchoring locations and moorings must be designed to avoid, to the greatest extent practicable, impacts to live corals, sea grass, and other benthic organisms.

p. With the exception of the actual dredging apparatus (e.g. clamshell buckets, or the scoop and articulated arm of a backhoe, hydraulic head, etc.), heavy equipment will be operated from above and out of the water.

q. The portions of the equipment that enter the water will be clean and free of pollutants.

r. Appropriate silt containment devices must be used and properly installed to avoid degradation of adjacent coral reefs, and aquatic vegetation.

s. Fully shield all outdoor lights so the bulb can only be seen from below bulb height and only use when necessary.

t. Install automatic motion sensor switches and timer controls on all outdoor lights or turn off lights when human activity is not occurring in the lighted area.

u. Avoid nighttime construction during the seabird fledging period, September 15 through December 15. Disposal operations to the ODMDS will be allowed at night during this period.

3.1.2 Essential Fish Habitat

The Contractor must comply with the following measures to avoid and minimize adverse effects to Essential Fish Habitat (EFH).

3.1.2.1 Measures for EFH Compliance

a. Vessels, barges or other in-water structures must first attempt to tie-off to existing harbor structures. If anchoring on the seafloor is necessary, then anchors must be placed exclusively in soft sediments.

Anchors and anchor components must cause no direct physical impact to corals beyond the federal limits. Anchor and anchorline footprints of all in-water equipment must be designed to occupy the smallest footprint necessary to achieve safe and effective anchorage.

b. During peak coral spawning (two 14-day periods one week before and

SECTION 01 57 19 Page 22 (Am-0002) after the full moon, in July and August)

(1) dredging at night will be prohibited; and

(2) any in-water sediment containment devices must not be left overnight.

(3) Disposal operations to the ODMDS will be allowed at night during this period.

c. While entering or exiting the harbor, all vessels, barges and scows must remain in the marked USCG ingress/egress channel until it passes the outer buoy.

d. Weather conditions must be considered to ensure the safety of equipment and personnel during in-water operations. Work must cease during unfavorable weather conditions such as storm surge, etc. that could compound impacts to surrounding resources. The Contractor shall use the PacIOOS current data at http://pacioos.hawaii.edu/currents/model-southoahu/ and other readily available tide and climate data to inform and adaptively manage dredge and water quality monitoring operations daily.

e. Subject to approval by the government, each vessel must have a written spill prevention plan on board that identifies the appropriate response and safety protocols and the contact information for appropriate authorities to be notified in the unlikely event of a spill.

f. Subject to approval by the government, the contractor must designate on-site personnel responsible for ensuring no inadvertent discharges of debris, petroleum, or other harmful materials into the water.

g. Subject to approval by the government, dredge operators must submit a contingency plan detailing progressive, action-specific, risk-based responses to potential malfunctions of dredge equipment, barges, scows and in-water BMPs such as sediment containment devices.

h. All dredge vessels, barges and scows must be equipped with Dredging Quality Management (DQM) instrumentation systems, or similar, to allow near real-time monitoring of the scow's status (e.g. GPS positioning, hull status (open or closed), heading (course and speed), volume (draft), displacement and bin ullage sounding) at all times to ensure performance, accuracy and accountability.

i. Subject to approval by the government, dredge operators must submit to the government maintenance and inspection records, current to within six months or since its last use for whatever purpose, for any containment scow to be used to complete the proposed work, and a plan for the continued maintenance and inspection through the construction period.

j. In-water sediment containment devices must be used to contain project-generated turbidity and prevent spread beyond the active work area. At a minimum, the reach of the equipment is positioned inside the sediment containment device while the containment scow is positioned outside the sediment containment device, to minimize ingress/egress frequency. The size and position of the area enclosed by the sediment containment device must be strategically planned to reduce the number of times it must be repositioned. Prior to repositioning, sediment containment

SECTION 01 57 19 Page 23 devices must remain in place until turbidity levels within the enclosure have returned to ambient levels. Sediment containment devices must be appropriately sized.

(1) In the inner harbor, a full-depth silt curtain shall be employed to encircle the active dredging area.

k. Containment scows must be adequately sized to prevent overflow/over-topping and must be equipped with functional seals to prevent leakage of dredged material.

l. Contractor must develop and submit to the Government a site-specific BMP plan to be reviewed and approved by the Government prior to start of work. The Site-Specific BMP Plan must contain turbidity to the active dredge area to the greatest extent practicable. The plan must include a visual and instrumented turbidity monitoring plan to ensure the efficacy of the sediment containment BMP in comparison to ambient levels, with minimum once-daily visual inspections and instrumented readings throughout the duration of construction. When reviewing the contractor's proposed BMP plan, the Corps will only approve a plan that, at a minimum, includes the following or comparable alternative components:

(1) Visual inspection of sediment containment devices of sufficient frequency to minimize potential failure and to ensure proper use and installation.

(2) Instrumented monitoring of ambient turbidity levels near the surface, mid-column and near the bottom taken shortly before dredging begins in a location upcurrent of the enclosure and during dredge readings taken along a depth gradient near the surface, mid-column and near the bottom along a spatial gradient of short (1 yard), medium (50 yards) and long (up to 150 yards) distances oriented downcurrent of the enclosure.

(3) Establishment of a turbidity threshold (e.g. 10% above ambient) and corresponding progressive responses to exceedances beginning with taking a second reading to verify threshold exceedances, followed by inspecting the BMPs, to replacing the BMPs, adjusting/doubling up BMPs and stopping work.

(4) Contingency. The Contractor must develop a plan to swiftly implement pre-approved contingency response procedures in the event of equipment (e.g. scow) or BMP failure.

m. Avoid dredging areas located in close proximity to or upcurrent of known high coral cover areas during heightened sea state. Reference Attachment 1 for coral cover map.

n. Prioritize areas located in close proximity to or upcurrent of known high coral cover areas during calm sea state.

o. Minimize the area encircled by the silt curtain to the greatest extent practicable when dredging areas located in close proximity to or upcurrent of known high coral cover areas.

3.1.3 Clean Water Act

The Contractor must employ necessary procedures, measures and monitoring to

SECTION 01 57 19 Page 24 ensure the maintenance dredging complies with State of Hawaii Water Quality Standards. A Section 401 Water Quality Certification is not required. The Contractor must develop a site-specific water quality monitoring plan to ensure compliance with State Water Quality Standards.

3.1.3.1 Water Quality Monitoring

Contractor shall submit draft water quality monitoring plan to the Government for review and approval prior to implementation. The purpose of the water quality monitoring plan is to ensure appropriate installation, maintenance and efficacy of in-water sediment containment devices e.g. silt curtains, and to ensure the maintenance dredging complies with state Water Quality Standards. Water quality monitoring results will be reviewed by the Government within 5 business days of submittal by the Contractor.