W912DS-09-B-0007 Amendment 0003.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 this amendment is to:

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

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

c. Revise Bid Schedule.

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

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

1. CONTRACT ID CODE PAGE OF PAGES

J 1 8

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

16C. DATE SIGNED

BY 15-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

15-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 0003

Revised Bid Schedule:

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 Black Box Monitoring Unit

FFP

Black Box Monitoring Unit – 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

TOTAL

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, at the time of award of the Basic Work, if they are exercised at all. If Option-1 and Option-2 are exercised, the performance period will be consecutive. Options shall only be exercised in numerical order.

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.

AMENDMENT 0003

Sandy Hook Channel, New York Harbor, New Jersey

Maintenance Dredging

1. Response to questions submitted by prospective offerors:

Question:

1. Due to the short performance period for the Base and Optional work, we request that the Options, if exercised at all, be exercised at the time of award of the Base contract. The choice of plant to be deployed to carry out the project is entirely dependent on the scope of work that is awarded. That scope must be defined as soon as possible in order to mobilize equipment and complete the work within the limited timeframe. Currently the solicitation allows the Government to exercise award of Options within ten calendar days of receipt by the Contractor of the Notice to Proceed.

Response:

1. Note 3 of the bid schedule has been revised to say: “Option-1 and Option-2 will be exercised, at the Government’s discretion, at the time of award of the Basic Work, if they are exercised at all. If Option-1 and Option-2 are exercised, the performance period will be consecutive. Options shall only be exercised in numerical order.”

2. Paragraph l.a on page 59 of Section 00800 reads, “Even if exercised, the Options listed above may not be exercised in numerical order.” Please remove this paragraph since Option 2 cannot logically be exercised without exercising Option 1.

Response:

2. The following sentences have been deleted from Section 00800, paragraph 1.a.: “All options (1, and 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. Even if exercised, the Options listed above may not be exercised in numerical order. If the Options are exercised, their performance periods will be consecutive.”

The following sentences replace the aforementioned deleted sentences from Section 00800, paragraph 1.a.: “Option-1 and Option-2 will be exercised, at the

Government’s discretion, at the time of award of the Basic Work, if they are exercised at all. If Option-1 and Option-2 are exercised, the performance period will be consecutive. Options shall only be exercised in numerical order.”

3. One of the requirements for the Site Safety and Health Officer is completion of the course entitled “Construction Safety Hazard Awareness Training for Contractors.” Section 01351 Paragraph 1.5.1.1 entitled “Site Safety and Health Officer” of the Unified Facilities Guide Specifications, states this requirement applies to only projects located in Guam; therefore please remove this requirement.

Response:

3. Paragraph 1.5.1.2 in Section 01351 has been deleted from these specifications.