19B0009_amendment_0002_ac.pdf

W25PHS83601877

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

The purpose of this Amendment is to :

Answ er RFI questions

Adjust the period of performance from 90 days to 120 days.

Add MB2-B155-01 to FBO.gov w ebsite

Only a w arranted Contracting Officer (either a Procuring Contracting Officer(PCO) or an Administrative Contracting Officer (ACO)), acting w ithin their appointed limits, has the authority to issue modif ications or otherw ise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract, you shall not proceed w ith the change and shall immediately notify the Contracting Officer. Proceeding w ith any w ork not authorized by the Contracting Officer w ill be at the Contractor's ow n risk.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 4

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 W912BU19B0009

X 9B. DATED (SEE ITEM 11)

15-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 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.

U0002

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

09-Aug-2019

CODE

CONTR DIV-CONTRACTS BR

USACE, PHILA DISTRICT

WANAMAKER BUILDING

100 PENN SQUARE EAST

PHILADELPHIA PA 19107-3390

W912BU 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

x 1

W912BU19B0009

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:

RFI QUESTIONS & ANSWERS

Q1. CLIN for Item H-204 D. Linear Welding is numbered 00AM. Shouldn’t this CLIN be numbered

0009AM?

A1. Yes, CLIN for Linear Welding should be 0009AM.

Q2. Work Item H-101 requires the contractor to lift the spuds on the vessel at its present location in preparation for towing. The item also states that the maximum air airspace limit for this location is 110 feet due to FAA requirements with regards to air traffic patterns for the local airport. Lifting of the spuds requires a crane that far exceeds the maximum airspace limit. What does USACE propose to do to overcome this obstacle? The contractor cannot be held responsible for not being able to meet airspace limitations. It is suggested that USACE hire a crane company and towing company directly to lift the spuds and deliver the vessel to the successful contractor, or move it to a location where the contractor can work unencumbered to finish preparing the vessel for tow. The same applies for the return of the vessel from the contractor to the

Mifflin Range and reinstallation of the spuds.

A2. 120 feet is the max height we can use for airspace (but we show only 110 feet in the scope of work to allow for a 10 foot buffer). The spuds are 63 feet long. With 7 feet of freeboard, the air space is 70 feet, thus there is still

50 feet above the waterline of available airspace.

Q3. Work Item H-102 requires the contractor to tow the vessel to our facility from its present location. Lyon

Shipyard requires a “Trip and Tow” survey to be accomplished prior to towing any vessel for any customer in open water. The route from Mifflin Range is considered open water. If a “Trip and Tow” survey reveals that the vessel is not in towable condition, how will USACE proceed with the contract? There are no provisions in the contract work for covering repair expenses to put the vessel in a towable condition. This, if any, delay cannot be considered a part of the availability performance period.

A3. We expect a tow from Fort Mifflin to Norfolk to be by way of the Delaware River, C&D Canal, and

Chesapeake Bay. These are considered inland waterways. The Trip and Tow Survey is a Lyons Shipyard internal policy. At this time, there is no reason for the MB2 to not be towable that is not covered in the scope of work. Any condition found which would render the barge un-towable would be addressed by USACE prior to tow and not count against the period of performance.

Q4. Section I, Clause 52.222-49 incorporates Service Contract Labor Standards. Please provide the applicable wage determinations for Norfolk, Virginia.

A4. This contract is subject to the Service Contract Labor Standards statute, and the place of performance was unknown when the solicitation was issued. In addition to places or areas identified in wage determinations, if any, attached to the solicitation, wage determinations have also been requested for the following New york City, NY , Ft Mifflin, PA and Norfolk, VA. The Contracting Officer will request wage determinations for additional places or areas of performance if asked to do so in writing by the offerors.

New York City, NY - Service Contract Act WD #: 2015-4187 Ft Mifflin, PA - Service Contract Act WD #: 2015-4233 Norfolk VA - Service Contract Act WD #: 2015-4341

Q5. Section F-3 lists the delivery schedule as 90 days after issuance of Notice To Proceed with repairs and overhaul. The work requirements of this contract cannot possibly be completed in that time frame. The lead paint and asbestos abatement alone will take upwards of 75 calendar days, with no other work being allowed while abatement and remediation is in progress. On-site work at Mifflin Range prior to, including, and after towing will require upwards of 30 days due to the present and unknown condition of the vessel. Because

USACE has invoked Liquidated Damages of $2,862.47 per calendar day per section F, and is requiring a Bid

Guarantee and Performance and Payment bonds per Section I, Clauses 52.228-1 and 52.228-16, Lyon

Shipyard will require a minimum of 210 to 240 calendar days to complete this contract under these conditions. Please revise the Delivery schedule accordingly so that our company can submit a proposal for this contract.

A5. The USACE needs the MB2 back within the stated period of performance since it is required for use by the

Dredge McFARLAND.

Q6. It is impossible to obtain Bid Guarantees and Bonds without having completed a detailed estimate for the work. At this time, there are too many unknowns and issues to complete a proper estimate. Please extend the proposal due date by at least 10 business days to allow our company to prepare a competitive proposal and obtain the necessary Bid Guarantee and Bonding if these requirements are going to remain in place. Items 2 through 5 above must be answered prior to obtaining bid, payment, and performance bonds.

A6. Bid Guarantees and Bonds are required after the lowest responsive bidder has been verified and an award has been tendered by USACE-CT. The NTP will not be issued until the Bid Guarantees and Bonds are submitted to

USACE-CT and reviewed and approved by USACE-OC.

Q7. Please, provide Submittal Instructions to Offerors and Evaluation factors for Award (it seems some pages are missing)

A7. This information can be found in Section L INSTRUCTIONS TO OFFERORS in the solicitation. Page 97 of the solictation is blank. The last paragraph ends in L2 which is Site Visit.

Q8. Due to the amount of work, we would appreciate the Government to consider a work period of 120 days as in previous 2017 solicitation

A8. The period of performance has been changed to 120 days.

Q9. Revised solicitation was issued on July 31 and we are still waiting for quotes. We would appreciate if the bid due date could be extended

A9. The bid date will remain 14 August 2019.

SECTION F - DELIVERIES OR PERFORMANCE

The following Delivery Schedule item for CLIN 0001 has been changed from:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

90 dys. ADC 1 OPS PHYS SB-MCFARLAND SUPPORT

EMILIANO CRUZ

USAED, PHILA DISTRICT WANAMAKER

BUILDING 100

E EAST

PHILADELPHIA PA 19107-3390

FOB: Destination

W912BU

To:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

120 dys. ADC 1 OPS PHYS SB-MCFARLAND SUPPORT

EMILIANO CRUZ

USAED, PHILA DISTRICT WANAMAKER

BUILDING 100

E EAST

PHILADELPHIA PA 19107-3390

FOB: Destination

W912BU

(End of Summary of Changes)