A.2.11.4 W9128A22R0004 Am-0005.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

Kaunakakai Harbor Maintenance Dredging, Island of Molokai, Haw aii and Kahalui Harbor Maintenance Dredging, Island of Maui, 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 W9128A22R0004

X 9B. DATED (SEE ITEM 11)

22-Nov-2021

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-0005

5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

04-Jan-2022

CODE

CONTRACTING DIVISION

BLDG 230 OTAKE ST.

FORT SHAFTER HI 96858

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9128A22R0004 Am-0005

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

1. CHANGES TO SPECIFICATIONS. Attached hereto are revised pages/paragraphs to the specifications. The revision mark “(Am-0005)” is shown on each revised page.

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

Standard Form 1442 – Page 1 Section 00 72 00 – Page 7, 42, 43

Kaunakakai Harbor Maintenance Dredging, Island of Molokai, Hawaii Section 01 35 26 – Page 33 Section 01 57 19 – Pages 19-38 Section 35 20 23 – Page 6

Kahalui Harbor Maintenance Dredging, Island of Maui, Hawaii Section 01 35 26 – Page 33 Section 01 57 19 – Pages 18-37 Section 35 20 23 – Page 6

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

Section 00 60 00, Appendix B – Requests for Information (#18 through 27)

2. The proposal due date and time remains unchanged.

Kaunakakai Harbor Maintenance Dredging, Island of Molokai, Haw aii and Kahului Harbor Maintenance Dredging, Island of Maui, Haw aii

COLIN K WAKI (808) 835-4393

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

22-Nov-2021

(RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______7 calendar days and complete it w ithin ________571 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________13 Jan 2022 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, X is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

CONTRACTING DIVISION

BLDG 230 OTAKE ST.

FORT SHAFTER HI 96858

W9128A

PAGE OF PAGES

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

W9128A22R0004 1 OF 2

(Am-0005)

Kaunakakai Harbor Maintenance Dredging, Island of Molokai, Hawaii and Kahului Harbor Maintenance Dredging, Island of Maui, Hawaii

RFI # Reference Question Government Response

18 SECTION 01 57 19, PAGE

RE PARA. 1.8 LICENSES AND PERMITS.

Are there any other permits required by the contractor in order to perform the dredging as outlined in the contract plans?

The Government is not aware of any additional permits required to be obtained by the Contractor in order to perform the dredging work in this contract. Any unforseen permits required would be treated as a Differing Site Condition.

19 SECTION 01 57 19, PAGE

RE PARA. 2.2 ENVIRONMENTAL CLAMSHELL BUCKET - states "An environmental bucket has smooth cutting edge and utilizes hydraulic pressure to open and stay shut."

There are many environmental buckets that use cables to operate instead of hydraulic pressure. PLEASE REMOVE THE REQUIREMENT FOR AN

ENVIRONMENTAL BUCKET TO USE HYDRAULIC PRESSURE.

See revised Section 01 57 19, paragraph 2.2, per Am-0005.

20 SECTION 01 57 19, PAGE

RE PARA. 3.1.2.1 MEASURES FOR EFH COMPLIANCE, SUB-PARA. m.

states "Contractor shall deploy the sediment containment device no closer than 10 feet from the base of the hardbottom ledge along the western portion of the project area and 10 feet from the entire pier. Contractor shall monitor the positioning of the sediment containment device throughout the dredge action and must stop work and reposition the device if its ballast migrates closer than 10 feet of the base of the ledge or the pier face."

If the hard bottom ledge occurs at the toe line of the federal channel (anticipated) and there is a required 10' offset for any silt containment devices, please define where the contractor will be required to achieve grade in this instance? Will there be another offset given away from the silt curtain (ie..10-15' more) in order to dig and achieve grade away from the curtain? Will there be a known offset from the pier faces to obtain grade because of this requirement?

See revised Section 01 57 19, Paragraph 3.1.2.1.m., per Am-0005.

21 SECTION 01 57 19, PAGE

26 & PAGE 27

RE PARA. 3.1.2.1, MEASURES FOR EFH COMPLIANCE, Sub-Para r., Item vi states: "Establishment of a turbidity threshold (e.g. 10% above ambient) and corresponding progressive responses to exceedances including inspecting the BMPs, replacing the BMPs, adjusting/doubling up BMPs, and stopping work."

The example of "10%" above ambient seems to indicate the need for instrumented WQM readings. Attachment 2 – Draft Water Quality Monitoring Plan also lists instrument measurement of turbidity under the Monitoring parameters.

Please confirm instrumented WQM readings will only be required after significant violations?

Refer to revised Section 01 57 19, paragraph 3.1.2.1.r.(3)vii. and 35 20 23, paragraph 1.4.1.4, per Am-0005.

Concur that instrumented WQM readings are only required after significant violations, in accordance with WQC0901.

Section 00 60 00, Appendix B (Am‐0005)

Kaunakakai Harbor Maintenance Dredging, Island of Molokai, Hawaii and Kahului Harbor Maintenance Dredging, Island of Maui, Hawaii

22 SECTION 01 57 19, PAGE

RE PARA. 3.1.2.1 Measures for EFH Compliance, Sub-Para. r., Item vii states: "Contractor shall prepare, as a stand-alone document an anchoring plan detailing measures to control and monitor the positions of all anchors and anchor cables, sufficient to avoid damage to corals and other marine growth. Anchors may not be placed within coral buffer zone or areas outside the federal channel."

Given the swell in Kahului Harbor and the location of areas required to dredge, this job will require an anchor spread to hold the dredge in position safely. Anchors must be placed outside the federal channel in order to accomplish this. Please remove anchors not allowed outside the federal channel.

Can you provide Kahului bottom survey data outside the channel for coral and marine growth as done on the Kaunakakai maps?

Refer to revised Section 01 57 19, paragraph 3.1.2.1.r.(3)vii., per Am- 0005.

23 SECTION 35 20 23, PAGE 8 RE PARA. 1.5.2 DREDGE MATERIAL.

Please provide link to the complete Sediment Characterization Report.

See Am-0001, Standard Form 30, Page 2, Paragraph 2 for download instructions for the requested geotechnical and survey data.

24 00 72 00 pg 7 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK:

Please consider removing the 60 day time period for awarding alternates or provide the full 540 day period of performance regardless of the options awarded.

As written the contractor can not plan on the work taking place in 2022 or 2023. And a single season contract may be made to go over two seasons due to the timing of awarding options. Not having a clear understanding of the schedule can cause inflated bid pricing.

See revised Standard Form 1442, Page 1, Block 11 and Section 00 72 00, FAR Clause 52.211-10, per Am-0005.

25 During the trip from Kaunakakai Harbor to the Kahului Disposal Site, is the contractor allowed to tandem tow the material filled scows while heading to the dumpsite? The tugs would pass through the disposal site twice, individually placing material from each scow.

Contractor shall comply with EM 385-1-1 Safety and Health Requirments Manual, all BMPs listed in Section 01 57 19, and Section 35 20 23.13 National Dredging Quality Management Program, Scow-Ullage Profile.

Tandem towing of scows is not prohibited.

26 00 72 00 Payment for Mobilization/Demobilization

Payment for mobilization and demobilization clause sates 60% of mobilization and demobilization lump sum price will be paid upon mobilization and 40% of mobilization and demobilization lump sum price for demobilization.

Since there is a separate CLIN for mobilization and demobilization. Will 100% of the Mobilization lump sum price be paid upon mobilization?

See revised Section 00 72 00, pages 42 and 43, per Am-0005. DFARS 252.236-7004 has been removed.

27 SF 1442 SF 1442 provides a period of performance of 540 calendar days. Section 00 72 00, commencement, prosecution, and completion of the work states a different period of performance. Please clarify the period of performance.

See response to RFI #24.

Section 00 60 00, Appendix B (Am‐0005)

Section 00 72 00 – Page 7 (Am-0005)

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(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 571 calendar days after the date the Contractor receives the notice to proceed, for the base schedule and any or all options, if exercised. The time stated for completion shall include final cleanup of the premises.

(End of clause)

Section 00 72 00 – Page 42 (Am-0005)

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

Kahului Harbor Maintenance Dredging: Sheet GI001 Kaunakakai Harbor Maintenance Dredging: Sheet GI001

(End of clause)

252.236-7002 OBSTRUCTION OF NAVIGABLE WATERWAYS. (DEC 1991)

(a) The Contractor shall --

(1) Promptly recover and remove any material, plant, machinery, or appliance which the contractor loses, dumps, throws overboard, sinks, or misplaces, and which, in the opinion of the Contracting Officer, may be dangerous to or obstruct navigation;

(2) Give immediate notice, with description and locations of any such obstructions, to the Contracting Officer; and

(3) When required by the Contracting Officer, mark or buoy such obstructions until the same are removed.

(b) The Contracting Officer may --

(1) Remove the obstructions by contract or otherwise should the Contractor refuse, neglect, or delay compliance with paragraph (a) of this clause; and

(2) Deduct the cost of removal from any monies due or to become due to the Contractor; or

(3) Recover the cost of removal under the Contractor's bond.

(c) The Contractor's liability for the removal of a vessel wrecked or sunk without fault or negligence is limited to that provided in sections 15, 19, and 20 of the River and Harbor Act of March 3, 1899 (33 U.S.C. 410 et. seq.).

(End of clause)

252.236-7004 PAYMENT FOR MOBILIZATION AND DEMOBILIZATION (DEC 1991)

(a) The Government will pay all costs for the mobilization and demobilization of all of the Contractor's plant and equipment at the contract lump sum price for this item.

(1) 60 percent of the lump sum price upon completion of the contractor's mobilization at the work site.

(2) The remaining 40 percent upon completion of demobilization.

(b) The Contracting Officer may require the Contractor to furnish cost data to justify this portion of the bid if the Contracting Officer believes that the percentages in paragraphs (a) (1) and (2) of this clause do not bear a reasonable relation to the cost of the work in this contract.

(1) Failure to justify such price to the satisfaction of the Contracting Officer will result in payment, as determined by the Contracting Officer, of --

(i) Actual mobilization costs at completion of mobilization;

Section 00 72 00 – Page 43 (Am-0005)

(ii) Actual demobilization costs at completion of demobilization; and

(iii) The remainder of this item in the final payment under this contract.

(2) The Contracting Officer's determination of the actual costs in paragraph (b)(1) of this clause is not subject to appeal.

(End of clause)

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

When costs are a factor in any price adjustment under this contract, the contract cost principles and procedures in FAR part 31 and DFARS part 231, in effect on the date of this contract, apply.

(End of clause)

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)

(a) The amount of any request for equitable adjustment to contract terms shall accurately reflect the contract adjustment for which the Contractor believes the Government is liable. The request shall include only costs for performing the change, and shall not include any costs that already have been reimbursed or that have been separately claimed. All indirect costs included in the request shall be properly allocable to the change in accordance with applicable acquisition regulations.

(b) In accordance with 10 U.S.C. 2410(a), any request for equitable adjustment to contract terms that exceeds the simplified acquisition threshold shall bear, at the time of submission, the following certificate executed by an individual authorized to certify the request on behalf of the Contractor:

I certify that the request is made in good faith, and that the supporting data are accurate and complete to the best of my knowledge and belief.

(Official's Name) (Title)

(c) The certification in paragraph (b) of this clause requires full disclosure of all relevant facts, including--

(1) Certified cost or pricing data if required in accordance with subsection 15.403-4 of the Federal Acquisition Regulation (FAR); and

(2) Data other than certified cost or pricing data, in accordance with subsection 15.403-3 of the FAR, including actual cost data and data to support any estimated costs, even if certified cost or pricing data are not required.

(d) The certification requirement in paragraph (b) of this clause does not apply to----

(1) Requests for routine contract payments; for example, requests for payment for accepted supplies and services, routine vouchers under a cost-reimbursement type contract, or progress payment invoices; or

(2) Final adjustment under an incentive provision of the contract.

(End of clause)