19b0009_AMENDMENT_03_1917_81319.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 :

Extend the bid opening date from 15 August 2019 to 20 August 2019 at 12PM.

Section B- Clin 0005 is hereby changed from 90 days to 120 days.

Answ ers RFI question number 10

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 12

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 X is extended, 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.

U0003

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

6. ISSUED BY

3. EFFECTIVE DATE

13-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:

1X

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been modified:

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.

The Bid date has been extended from 15 August 2019 to 20 August 2019.

Bid Guarantee must be supplied at bid opening. Performance and payment bonds are required after the lowest responsive bidder has been verified and an award has been tendered by USACE-CT.

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 15 August 2019.

The Bid date has been extended from 15 August 2019 to 20 August 2019.

Q10. Per Amendment 0002, Question and Answer #6 - are you stating that a Bid Guarantee is not required to be submitted with the contractor's bid?

A10. Bid Guarantee must be supplied at bid opening. Payment & performance 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.

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 15-Aug-2019 12:00 PM to 20-Aug-2019 12:00 PM.

SECTION B - SUPPLIES OR SERVICES AND PRICES

CLIN 0001

The FSC code 1955 has been added.

The PROG code S10 has been added.

The WSC Equipment code 000 has been added.

The NAICS code 336611 has been added.

The MDAP/MAIS Code 000 has been added.

SECTION B

CLIN ITEM DESCRIPTION QTY U/M U/P AMOUNT

0001 H-101 SPUD LIFTING 1 JB XXXX $

0002 H-102 TOWING & DELIVERY 1 JB XXXX $

0003 H-103 DRY-DOCKING OF MB2 1 JB XXXX $

0004 H-104 LAY DAYS (IF DIRECTED) 5 DY $ $

0005 H-105 UTILITIES AND SERVICES 120 DY $ $

0006 H-201 BLASTING AND PAINTING 1 JB XXXX $

0007 H-202 REPLACE HULL ANODES 1 JB XXXX $

0008 H-203 AUDIOGAGING (IF-DIRECTED) 2000 EA $ $

0009AA H-204 MISCELLANEOUS STEEL (IF DIRECTED) 2500 LB $ $

A. SHAPES

0009AB H-204 MISCELLANEOUS STEEL (IF DIRECTED) 100 SF $ $

B. (1) 1/4" PLATE

0009AC H-204 MISCELLANEOUS STEEL (IF DIRECTED) 200 SF $ $

B. (2) 5/16” PLATE

0009AD H-204 MISCELLANEOUS STEEL (IF DIRECTED) 200 SF $ $

B. (3) 3/8” PLATE

0009AE H-204 MISCELLANEOUS STEEL (IF DIRECTED) 400 SF $ $

B. (4) 7/16” PLATE

0009AF H-204 MISCELLANEOUS STEEL (IF DIRECTED) 250 SF $ $

B. (5) 1/2" PLATE

0009AG H-204 MISCELLANEOUS STEEL (IF DIRECTED) 250 SF $ $

B. (6) 9/16” PLATE

0009AH H-204 MISCELLANEOUS STEEL (IF DIRECTED) 700 SF $ $

B. (7) 5/8” HULL PLATE

0009AI H-204 MISCELLANEOUS STEEL (IF DIRECTED) 400 SF $ $

B. (8) 3/4" HULL PLATE

0009AJ H-204 MISCELLANEOUS STEEL (IF DIRECTED) 250 SF $ $

B. (9) 1" HULL PLATE

0009AK H-204 MISCELLANEOUS STEEL (IF DIRECTED) 100 SF $ $

C.(1) 1/4" ROLLED S/S PLATE

CLIN ITEM DESCRIPTION QTY U/M U/P AMOUNT

0009AL H-204 MISCELLANEOUS STEEL (IF DIRECTED) 100 SF $ $

C. (2) 1/2" ROLLED S/S PLATE

00AM H-204 MISCELLANEOUS STEEL (IF DIRECTED) 100 LF $ $

D. LINEAR WELDING

0010 H-205 REPLACE HULL PLATING 1 JB XXXX $

0011 H-206 LEAD ABATEMENT (IF DIRECTED) 1000 LF $ $

0012 H-301 ASBESTOS ABATEMENT & GENERATOR

ROOM REPAIRS

1 JB XXXX $

0013 H-501 FENDER, BALL JT & FLAP VALVE

REPAIRS

1 JB XXXX $

0014 H-901 INSTALL DAVIT 1 JB XXXX $

0015 M-901 MISCELLANEOUS MAINT. (IF DIRECTED) 2000 HRS $ $

A. LABOR

0016 M-901 MISCELLANEOUS MAINT. (IF DIRECTED) 1 JB XXXX $

B. MATERIALS

M-901

MISCELLANEOUS MAINT.

(INSERT PERCENTAGE

RATE)

C. BURDEN CHARGES

TOTAL $

SECTION I - CONTRACT CLAUSES

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of provision)

52.228-16 PERFORMANCE AND PAYMENT BONDS--OTHER THAN CONSTRUCTION (NOV 2006)

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

Original contract price means the award price of the contract or, for requirements contracts, the price payable for the estimated quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity.

Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) The Contractor shall furnish a performance bond (Standard Form 1418) for the protection of the Government in an amount equal to 20 percent of the original contract price and a payment bond (Standard Form 1416) in an amount equal to 20 percent of the original contract price.

(c) The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the

Contracting Officer, within 10 days, but in any event, before starting work.

(d) The Government may require additional performance and payment bond protection if the contract price is increased. The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bonds or to obtain additional bonds.

(e) The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register, or may be obtained from the U.S. Department of the Treasury, Financial Management Service, Surety Bond Branch, 3700 East West Highway, Room 6F01, Hyattsville, MD 20782. Or via the internet at http://www.fms.treas.gov/c570/.

(End of clause)

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J

List of Documents, Exhibits and Other Attachments http://www.fms.treas.gov/c570/

ATTACHMENT NO. LINE ITEM

NO(S). DRAWING NO. AND TITLE

1 H-101 MB1-H2-13a; Spud Details

2 H-101 MB2-H1-2; Profile and Arrangement

3 H-102 MB2-H7-1; Towing Lights and Stands

4 H-102 H-103

MB2-B155-01; Stability Analysis

5 H-102 MB2-H2-11; General Arrangements, Main Deck

6 H-103 MB2-H1-2; Mooring Arrangement

7 H-103 MB2-B170-01; Docking Plan

8 H-205 MB2-H2-5; Lower Spaces – Decking and Arch

9 H-103 H-205 H-501

MB2-H2-6; Arrg’t of W.T. & N.T. Bulkheads and Closures

10 H-103 H-201 H-205

MB2-H2-22; Bottom Shell Plating

11 H-201 MB2-H1-1; General Arrangement

12 H-201 MB2-H2-1; Scantling Plan

13 H-201 MB2-H2-3; General Arrangement, Main Dk, House and Hold

14 H-103 H-201 H-205 H-501

MB2-H2-24; Side Shell & Longitudinal Bhds

15 H-205 MB2-H2-21; Lines and Offsets

16 H-103 H-205 H-501

MB2-H2-23; Transverse Bhds & Frames, Side Shell & Long Bhds

17 H-205 MB2-H2-25; Framing at Ends

18 H-301 MB2-H2-11; General Arrangement – Main Deck

19 H-501 MB2-H2-9, Manholes & Guard Covers 20 H-501 MB2-H2-10, Fender Arrangement and Details 21 H-501 MB2-H5-1; 30” Ball Joint

22 H-501 MB2-H5-5; Gimbal and Pipe Supports

20 H-501 MB2-H5-9, 28” Flap Valve

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

SECTION L

MASTER SHIP AGREEMENT

REQUIREMENT FOR MASTERSHIP AGREEMENT

W912BU19B0009

NOTICE: Prior to the award of any contract under this solicitation the successful offeror will be required to enter into a "Master Agreement for Repair and Alteration of Vessels".

Offerors with existing agreements from prior years and contractors that entered into the agreement prior to this solicitation need not comply with this Line Item.

MASTER AGREEMENT FOR REPAIR AND ALTERATION OF VESSELS

1. This agreement is entered into this day of , by the United States of America (the “Government”:) represented by , the Contracting Officer, and , a corporation organized and existing under the laws of the State of (the “Contractor”).

2. The Line Items in this agreement, shall be incorporated, by reference or attachment, in job orders issued under this agreement to effect repairs, alterations, and/or additions to vessels.

3. By giving 30 days written notice, either party to this agreement has the right to cancel it without affecting the rights and liabilities under any job order existing at the time of cancellation.

The Contractor shall perform, under the terms of this agreement, all work covered by any job order awarded before the effective date of the cancellation.

4. This agreement may be modified only by mutual agreement of the parties. A modification of this agreement shall not affect any job order in existence at the time of modification, unless the parties agree otherwise.

5. The rights and obligations of the parties to this agreement are set forth in this agreement and the Line Items of any job orders issued under this agreement. In the event there is an inconsistency between this agreement and any job order, the provisions of this agreement shall govern.

6. This agreement shall remain in effect until cancelled by either party.

THE UNITED STATES OF AMERICA

By (Contracting Officer) (Contractor) By (Authorized Individual) (Title)

The following Line Items apply to master agreements for repair and alteration of vessels (which are incorporated by reference in section I):

(1) 252.217-7003, Changes

(2) 252.217-7004, Job Orders and Compensation.

(3) 252.217-7005, Inspection and Manner of Doing Work.

(4) 252.217-7006, Title.

(5) 252.217-7007, Payments.

(6) 252.217-7008, Bonds.

(7) 252.217-7009, Default.

(8) 252.217-7010, Performance.

(9) 252.217-7011, Access to Vessel.

(10) 252.217-7012, Liability and Insurance.

(11) 252.217-7013, Guarantees.

(12) 252.217-7014, Discharge of Liens.

(13) 252.217-7015, Safety and Health.

(14) 252.217-7016, Plant Protection, as applicable.

INSTRUCTIONS TO OFFERORS

L-1 PROJECT DESCRIPTION

This requirement is for a Job Order under a Mastership Agreement for Dry-docking and Repairs to the Mooring Barge 2. General Vessel Information: The Mooring Barge 2 is an all-steel pump-out barge, with a house and piping on deck. The Mooring Barge 2 is currently stationed in the Mifflin Range of the Delaware River. The dimensions of the hull are:

Overall Length 260 feet – 2 inches Overall Beam (without fenders) 60 feet – 0 inches Overall Beam (with fenders down) 80 feet – 8 inches Depth Amidships, molded 10 feet – 2 inches Normal Draft Aft 2 feet – 10 inches Normal Draft Forward 3 feet – 7 inches Displacement, Loaded 1845 long tons Bridge Clearance – With Tripod 76 feet – 5 inches Bridge Clearance – Without Tripod 42 feet – 11 inches

The Contractor shall tow the barge to/from its current location and the Contractor’s facility.

Transit must be done through the intracoastal waterways.

The general elements of work include, but are not limited to: dry-docking, utilities and services, towing, hull painting, steel replacement, audiogaging, asbestos abatement, spud lifting, and other miscellaneous maintenance as required.

The total performance period for this procurement will be 120 calendar days.

L-2 PREAWARD SURVEY

The Government reserves the right to conduct a pre-award survey of any firm under consideration to confirm any part of the information furnished by the offeror, or to require other evidence of managerial, financial, technical, and other capabilities, the positive establishment of which is determined by the Government to be necessary for the successful performance of the contract.

SITE VISIT

An inspection/site visit will be held on or about Thursday, 11 June 2019, starting at 0900, on the barge at Fort Mifflin. Contractors who wish to visit the ship are required to contact Mr. Emiliano Cruz at 215-656-6745 or by email at emiliano.c.cruz@usace.army.mil to register.

(End of Summary of Changes) mailto:emiliano.c.cruz@usace.army.mil