W912DS-09-B-0007 Amendment 0002.pdf

W16ROE90351377

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 amendment 0002 is:

a. The Bid Opening Date 19 MAY 2009 at 2PM EST remains unchanged.

b. Provide questions and answ ers for INFORMATIONAL PURPOSES ONLY.

c. Reissue the bid schedule to show CLIN 0006 is not separately priced.

NOTE: Bidder must acknow ledge receipt of this amendment by the date specified in the solicitation (or as amended) by one of the follow ing methods: In the space provided on the SF 30, by separate letter, by telegram or by signing block 15 below . FAILURE TO ACKNOWLEDGE AMENDMENT BY THE DATE AND TIME SPECIFIED MAY RESULT IN REJECTION OF BID IN ACCORDANCE WITH THE LATE BID, LATE

MODIFICATION OF BID, OR LATE WITHDRAWAL OF BID (FAR 14.304).

1. CONTRACT ID CODE PAGE OF PAGES

J 1 9

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

16C. DATE SIGNED

BY 13-May-2009

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 W912DS-09-B-0007

X 9B. DATED (SEE ITEM 11)

16-Apr-2009

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. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

13-May-2009

CODE

US ARMY CORPS OF ENGINEERS, NEW YORK

26 FEDERAL PLAZA, RM 1843

NEW YORK NY 10278-0090

W912DS 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912DS-09-B-0007

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:

AMENDMENT 0002

AMENDMENT 0002

Sandy Hook Channel, New York Harbor, New Jersey

Maintenance Dredging

1. Bid Schedule Revision:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum Mobilization and Demobilization

FFP

Mobilization and Demobilization FOB: Destination

MILSTRIP: W16ROE90351377

PURCHASE REQUEST NUMBER: W16ROE90351377

NET AMT

0002 26,140 Cubic

Yard

Removal Of Material

FFP

Removal of material except ledge rock lying above the plane of 35 feet below mean low water, plus 2 feet allowable overdepth, from the Bayside section of the Sandy Hook Channel, New York Harbor, New Jersey, Federal Navigation Channel (Basic Work area) with placement of dredged material at the HARS disposal site as shown on the contract drawings. The total volume to be dredged is

26,140 CY.

FOB: Destination

0003 1 Lump Sum Silent Inspector (Scow Monitoring Equipm

FFP

Silent Inspector (Scow Monitoring Equipment – See Section 02900)

0004 52,866 Cubic

OPTION Removal of material Option 1

Removal of material except ledge rock lying above the plane of 35 feet below mean low water, plus 2 feet allowable overdepth, from the East section of the Sandy Hook Channel, New York Harbor, New Jersey, Federal Navigation Channel (Option-1 area) with placement of dredged material at the HARS disposal site as shown on the contract drawings. The total volume to be dredged is 52,866

CY.

0005 44,984 Cubic

OPTION Removal of Material Option 2

Removal of material except ledge rock lying above the plane of 35 feet below mean low water, plus 2 feet allowable overdepth, from the East section of the Sandy Hook Channel, New York Harbor, New Jersey, Federal Navigation Channel (Option-2 area) with placement of dredged material at the HARS disposal site as shown on the contract drawings. The total volume to be dredged is 44,984

CY.

CCASS/CPARS

FFP

Contractor Performance Assessment Reporting System

The Federal Acquisition Regulation (FAR) requires that Past Performance Information (PPI) be collected on DoD contracts. Both the contractor and government personnel are responsible for inputting PPI data. Performance evaluations prepared in CPARS are transmitted to the Past Performance Information Retrieval System (PPIRS). For specific details and guidance in use of the system, contractor is directed to https://www.nwp.usace.army.mil/ct/I/home.asp.This links the contractor to the Portland District Contractor Appraisal Information Center (CAIC). CAIC is the primary center to assist both the contractor and government personnel in using the system. This CLIN is Not Separately Priced (NSP).

NSP

NSP

TOTALS

Total Base Bid: ( Clins 0001, 0002, & 0003) $________________________________

Total Options: ( Clin 0004 and Clin 0005) $______________________________

Total Bid Bid Plus Options Clins: (Clin 0001 – Clin 0005) $________________________________

NOTES

1. Bidders must bid on the basic work, Option-1 and Option-2. Failure to bid on the Basic

Work and both Option-1 and Option-2 will be cause for rejection of the bid as non-responsive.

2. Award of contract will be based on the lowest total price for the total of the Basic Work and Option-1 and Option-2.

3. Option-1 and Option-2 will be exercised, at the Government’s discretion, within ten (10) calendar days of receipt by the Contractor of the Notice to Proceed (Basic Work), if they are exercised at all. If Option-1 and Option-2 are exercised, the performance period will be consecutive.

4. All bidders are hereby advised that the quantities for dredging/placement in the price schedule are estimated and based on survey data collected in February 2009.

5. The Government may reject a bid as non-responsive if the prices in the bid are materially unbalanced between line items and if there is reasonable doubt that the bid will result in the lowest overall cost to the government even though it may be the low bid.

6. Note that the 90 day rule may apply to this contract if the sediment testing and permitting are delayed. The “90 day” rule references 29 CFR 1.6(c)(3)(iv) as set forth in FAR 22.404- 6(b) (6) provides that if a contract to which a general wage determination has been applied is not awarded within 90 days after bid opening, any modification to that wage rate determination published prior to contract award shall be effective unless the agency obtains an extension of the 90-day period from the Administrator, U.S. Department of Labor.

7. This contract award is conditional upon funds availability.

8. It is the contractor’s responsibility to comply with all conditions and requirements of the identified disposal site.

9. Bidders are reminded that they must bid on the issued plans and specifications as amended.

Any deviations, conditions, or attachments made by the bidder himself may render the bid non-responsive and may be cause for its rejection.

10. Contract performance shall be completed within fifteen (15) calendar days of receipt by the contractor of the Notice to Proceed, if only the Basic Work is awarded under this contract.

If exercised, the time for contract completion of Option 1 will be fourteen (14) calendar days. If exercised, the time for contract completion of Option 2 will be twelve (12) calendar days.

2. Response to questions submitted by prospective offerors:

Question:

1. Section 00800-6e (BRIDGE AND UTILITY CROSSINGS), page 63 of Volume 1, Special Contract Requirements, discusses several submarine cables in the vicinity of the work. Are the locations and depths of these submarine cables within the dredging limits, and/or are the locations and depths known and on record?

Response:

1. As stated in the solicitation, “The contractor is required to coordinate with the owners, if such action is necessary, to mark the structures, or move the cables in order to avoid interference with dredging operations.” It is the responsibility of the bidder to research the depths and locations of any utility crossings in the vicinity of the project area.

2. Section 01200-7, 9.3 of the technical specifications states “...an additional scow must be identified and certified to be fully operational, mechanically sound, completely seaworthy, and free of leaks or other defects. The additional backup scow must be available for immediate use if one of the regularly used scows develops a condition that violates the requirements for scows described in these contract specifications.” Is an additional scow (backup scow) needed if the work is to be performed by a hopper dredge?

Response:

2. No, a “backup scow” is not a requirement if a hopper dredge is used to perform the work.

3. The above section (01200-7, 9.3) also states “Scows must be capable of releasing the entire contents within sixty (60) seconds of initial scow door opening to ensure accurate placement of dredge material at the HARS.” Is this statement accurate if the work is being executed by a hopper dredge?

3. No. There is no duration requirement for the releasing of bin contents if a hopper dredge is used for this project.

4. Section 00010-Soliciatation Contract Form, Page 9-Bid Schedule: Total Bid Plus Options Clins: (Clin 0001-0005), does not include Item No 0006:

CCASS/CPARS, FFP, Contractor Performance Assessment Reporting System. Is this line item supposed to be included in the total bid?

Response:

4. This Contract Line Item has now been amended and labeled as “NOT

SEPARATELY PRICED”.

5. Section 01200-4, 4b of the technical specifications states, “Based on analyses of samples taken in the vicinity of the project area, the character of materials to be dredged is an average of 9.4% gravel, 89.7% sand, 0.18% silt, and 1.12% clay in the Bayside section (Basic work) shoals and an average of 16.4% gravel, 82.3% sand, 0.10% silt, and 1.12% clay in the East section (Option-1 and Option-2) shoals.” It is respectfully requested that this data and analysis that was collected and performed be provided to all potential bidders.

Response:

5. Please see the previously posted amendment. The grain size distribution and sample locations have already been provided.

Question:

6. Section 01200-4, 4c of the technical specifications states, “Records of previous dredging operations are available at the U.S. Army Engineer District, New York, Operations Division, Support Branch, Technical Support Section, Room 1937, 26 Federal Plaza, New York, N.Y. 10278-0090.” A potential bidder respectfully requests that this information be provided.

6. This request is much too general to address. A more specific request of this nature can be submitted to Rita Fisher, U.S. Army Corps of Engineers, 26 Federal Plaza, Office of Counsel, Room 1837, New York, NY 10278-0090 under the Freedom of Information Act.