Amend No 1 FBO Post(3).doc.pdf

W16ROE93071314

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. Provide Invitation For Bidders Section 00010

b. Provide revised Checklist for Bidders.

c. Provide revised Specif ications and Draw ings.

d. Provide questions and Answ ers for INFORMATION PURPOESES ONLY NOTE: Offerors 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 1442, by separate letter, by telegram or by signing block 15 below . FAILURE TO ACKNOWLEDGE AMENDMENT BY THE DATE AND TIME SPECIFICED MAY RESULT IN REJECTION OF YOUR OFFER IN ACCORDANCE WITH

THE SUBMISSION, MOFICATION, REVISION, AND WITHDRAWAL OF PROPOSALS (FAR 15.208)

1. CONTRACT ID CODE PAGE OF PAGES

J 1 7

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

16C. DATE SIGNED

BY 18-Dec-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-10-B-0004

X 9B. DATED (SEE ITEM 11)

10-Dec-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

18-Dec-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-10-B-0004

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 0001

INVITATION FOR BID

NEW YORK DISTRICT

CORPS OF ENGINEERS

NEW YORK, NEW YORK 10278-0090

INVITATION FOR BIDS

FOR

Dredging of New York and New Jersey Harbor Channel Navigation Improvement 50 FT

PROJECT, Anchorage Channel CONTRACT 10, S-AN-2.

1. Attached is INVITATION FOR BIDS (IFB) NO. W912DS-10-B-0004

2. BIDS MUST SET FORTH full, accurate, and complete information as requested by this

Invitation for Bids, including attachments. The penalty for making false statements in bids is prescribed in Title 18, United States Code, Section 1001.

3. SUBMISSION OF BIDS: Complete details concerning proper submission of bids are contained in the INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS (Section 00100).

4. Note the REQUIREMENT FOR AFFIRMATIVE ACTION of the EQUAL OPPORTUNITY clause as it applies to the contract resulting from this solicitation. (See paragraph NOTICE

OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY in Section 00100 of this IFB.)

5. NOTE THE CERTIFICATION OF NONSEGREGATED FACILITIES IN THIS

SOLICITATION. Bidders, Offerors, and applicants are cautioned to note the “Certification of Nonsegregated Facilities” in the solicitation. Failure of bidder or offeror to agree to the certification will render his bid or offer non-responsive to the terms of solicitation involving awards of contracts exceeding $10,000, which are not exempt from the provisions of Equal Opportunity Clause. (1984 APR)

6. REPRESENTATIONS AND CERTIFICATIONS- SECTION 00600

Bidders and Offerors are required to complete the REPRESENTATIONS AND CERTIFICATIONS and submit them with their bids.

US ARMY ENGINEER DISTRICT, NEW YORK

INVITATION FOR BID NO. W912DS-10-B-0004

CHECK LIST FOR OFFEROR

ATTACHED IS IFB NO. W912DS-10-B-0004

Dredging of New York and New Jersey Harbor Channel Navigation Improvement 50 FT PROJECT, Anchorage Channel

ALL INFORMATION REQUIRED BY THE TERMS OF THIS SOLICITATION MUST BE FURNISHED.

MISTAKES OR OMISSIONS MAY RENDER YOUR PROPOSAL INELIGIBLE FOR AWARD. IMPORTANT

ITEMS FOR YOU TO CHECK ARE INCLUDED IN BUT NOT LIMITED TO THE LIST BELOW. THIS

INFORMATION IS FURNISHED ONLY TO ASSIST YOU IN SUBMITTING A PROPER PROPOSAL.

- HAVE YOU ACKNOWLEDGE ALL AMENDMENTS?

- HAVE YOU COMPLETED THE “REPRESENTATION AND CERTIFICATIONS” (SECTION

00600) PORTION OF THE SOLICITATION?

- IS YOUR DUNS NUMBER LISTED ON THE STANDARD FORM 1442?

- IS YOUR PROPOSAL PROPERLY SIGNED?

- HAVE YOU ENSURED THAT YOU HAVE NOT RESTRICTED YOUR PROPOSAL BY

ALTERING THE PROVISIONS OF THE SOLICITATIONS?

- WHEN REQUIRED, HAVE YOU ENTERED A UNIT PRICE FOR EACH LINE ITEM? (THE

SOLICITATION SPECIFICALLY STATES WHEN THIS IS NECESSARY).

- ARE DECIMALS IN YOUR PRICES IN THE PROPER PLACE? ARE YOUR FIGURES

LEGIBLE?

- IF YOU MADE ERASURES OR CORRECTIONS ON YOUR PROPOSAL, ARE THEY

INITIALED BY THE PERSON SIGNING THE PROPOSAL?

- DOES THE ENVELOPE CONTAINING YOUR PROPOSAL PROPERLY IDENTIFY THAT IT IS

A SEALED PROPOSAL AND DOES IT CONTAIN THE CORRECT SOLICITATION NUMBER

AND PROPOSAL DUE DATE?

- WILL YOUR PROPOSAL ARRIVE ON TIME? (SEE PARAGRAPH ENTITLED “LATE

SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF BID” IN THE INSTRUCTIONS,

CONDITIONS, AND NOTICES TO BIDDERS, SECTION 00100 OF THE SOLICITATION).

- NOTE: THERE ARE INCREASED SECURITY MEASURES AT JACOB K. JAVITS FEDERAL

BUILDING, 26 FEDERAL PLAZA THAT MAY AFFECT THE TIME IT TAKES TO ENTER THE

BUILDING. BIDDER IS RESPONSIBLE TO ENSURE THAT ITS PROPOSAL IS SUBMITTED

TIMELY.

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.

Construction Performance Evaluation will be prepared in the Construction Contractor Appraisal Support System (CCASS) sub module of the CPARS. The link to Construction Contractor Appraisal Support System (CCASS) is https://www.cpars.csd.disa.mil/ccassmain.htm. (Used to document contractor performance on Construction contracts.)

Amendment No. 1

USACE, NYD Corps of Engineers New York, NY 10278

AMENDMENT NO.1 FOR IFB NO. W912DS-10-B-0004

1. The following changes shall be made to the specifications and plans.

The New York District has received questions about this contract.

1) SPECIFICATIONS:

1-SECTION 00010

The notes for Price Schedule are revised and reissued in this amendment as below.

“NOTES FOR PRICE SCHEDULE:

1 Bidders are required to bid on both the Base Bid Items and the Optional Items on the Price Schedule or their bid will be rejected.

2 The low bidder for the purpose of award will be the conforming responsible bidder offering the lowest amount for the Total Base Bid & Optional Items. The Government is under no obligation to award any Optional Item.

3 Any bid which is materially unbalanced as to the price for the Base Bid Item and Optional Item may be rejected. An unbalanced bid is one, which is based on price significantly less than the cost for some work and prices are significantly overstated for other work.

4 Bidders are reminded that they must bid on the issued plans and specifications as amended. Any deviations, conditions or attachments made by the bidders thereto may render the bid non-responsive and be cause for its rejection.

5 The optional items CLIN 0006(AA and AB), 0007(AA and AB) and 0008 if awarded, will be awarded within 180 days from issuance of the NTP date. If the completion date of this contract, after these CLINS are exercised, is beyond 31 January 2011 then 120 calendar days will be added to the duration to encompass the environmental window. These 120 days will only be added once regardless of the number of CLINs exercised. In addition 50 calendar days will be added for CLIN 0006(AA and AB) and an additional 50 calendar days for CLIN 0007(AA, and AB) and an additional 115 calendar days for CLIN 0008. The Government is under no obligation to award any Optional Item.

6 The optional Items CLIN 0009, 0010 and 0011 if awarded, will be awarded no later than 60 calendar days prior to contract completion. No additional time will be permitted. The Government is under no obligation to award any Optional Item.

7 Bidders will identify their offloading, processing and placement sites with their bid. Bidders will write on the blank lines provided on the Price Schedule (or print on a separate 8.5 by 11 paper) as indicated above the name(s) of the site(s), POC(s), address(s) and phone(s) of their site(s) included in that line item.

8 CONTRACTOR IDENTIFIED OFFLOADING, PROCESSING AND DISPOSAL SITE

COMPLIANCE, The apparent low bidder shall submit the documents specified in Section 00800: Special Contract Requirements in paragraph 1.45, CONTRACTOR’S IDENTIFIED Offloading, Processing and Disposal Site Compliance. If the apparent low bidder does not submit the information required to be submitted within the times specified, the apparent low bidder will be considered non-responsible and its bid rejected.

9 Upland placement at an established facility, as set forth in 29 CFR 5.2(l)(3), will not be considered site of the work, and will not be subject to the Davis-Bacon Act.”

2-SECTION 00800

1-Revise Paragraph 1.1 a, Section 00800 as below:

“1.1 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK

a. The Contractor shall (i) commence work under this contract within five (5) calendar days after the date the Contractor receives the Initial Notice to Proceed (NTP), (ii) prosecute the work diligently, and (iii) complete dredging and placement of material within 220 calendar days for the entire basic contract from the date the Contractor receives the Notice to Proceed (NTP). If the completion date of the contract with options is beyond 31 January 2011 then 120 calendar days will be added to the duration to encompass the environmental window. The completion shall include final cleanup of premises including contract site. The Contractor shall submit a written Accident Prevention Plan (APP) with the copy of Certificates of Inspection of floating plant and scows for review and approval within fifteen (15) calendar days after receipt of the Notice to Proceed for the contract. Work cannot proceed without an accepted APP.”

3-SECTION 01135

The Calculator is available in the FBO Website with this amendment

2) DRAWINGS:

1-Drawing has been amended and reissued C-101

3) Survey:

-The survey data are placed on the FBO website.

These files are for bidder’s reference only, and are not to be considered as a part of the Contract Documents. Contract award will be based on what is contained in the printed Plans and Specifications in a hard copy format or Electronic Bid Set if provided. No representation is made as to availability of this data, its convertibility with user’s system.

4) Soil Sediment Report:

- Soil data for this contract has been placed FBO website:

These files are for bidder’s reference only, and are not to be considered as a part of the Contract Documents. Contract award will be based on what is contained in the printed Plans and Specifications in a hard copy format or Electronic Bid Set if provided. No representation is made as to availability of this data, its convertibility with user’s system

5) QUESTIONS AND ANSWERS

The following questions and answers are provided for information only. Nothing contained below amends or revises any provision of the solicitation.

This is for bidder’s reference only, and is not to be considered as a part of the Contract Documents. Contract award will be based on what is contained in the printed Plans and Specifications in a hard copy format or Electronic Bid Set if provided.

Questions-1: Comment: Paragraph 5: From all appearances this should read “CLIN items 0006 (AA and AB), 0007 (AA and AB), 0008 if awarded, will be awarded within 180 days from issuance of the NTP date”

The bid opening date is 11 January 2010 which for all practical purposes indicates that the completion date of the contract will be after 31 January 2010; therefore the 120 days should be added to the base contract making for a total of 340 days. This environmental window allowance is also indicated on Page 60 of 122 Section 00800 - Special Contract Requirements

Answer-1: Notes for the PRICE SCHEDULE were revised in this amendment.

31 January 2010 was an error it was revised to 31 January 2011in this amendment.

Questions-2: There is no CLIN 0012 or CLIN 0013 provided.

There are no additional days provided for CLIN 0007 [Option 2 – dredging with upland placement of 138,200 cys] An additional 50 calendar days for the completion of CLIN 0008 [dredging with HARS placement of 567,100 cys] is an insufficient amount of time to complete the task the additional 115 calendar days provided for CLIN 0010 [Option 5 – debris removal and disposal 400 tons] does not provide additional time for CLIN 0009-Option 4 [Subsurface Drilling and Sampling] or CLIN 0011-Option 6 [Debris Removal and Disposal 300 tons] Additional time is needed to complete this additional work please provide the appropriate clarification.

Answer-2: Notes for the PRICE SCHEDULE were revised in this amendment.

This amendment will provide clarification for the schedule.

(End of Summary of Changes)