W912DS-13-B-0031_Amendment_0002.pdf

W16ROE32135319

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. Remove in its entirety the Bid Schedule, section 00 800 00 and section 00 900 00 Wage Rates from the Specification section, w hich w as inadvertently duplicated from the Solicitation SF 1442.

b. Provide revised Bid Schedule.

c. Provide Revisions to section 00800, Provide Revised and Reissue Sheets C-108 and C-109.

d. Provide QUESTIONS AND ANSWERS for INFORMATION PURPOSES ONLY.

e. All RFI’s should be submitted prior to 17 September 2013 at 04:00pm EST

f. The Bid Opening Due Date remains 24 September 2013 at 2:00 PM EST.

NOTE: Bidders must acknow ledge receipt of this amendment by the date specified in the bid (or as amended) by one of the follow ing methods: In the space provided on the SF 1442, by separate letter, or by signing block 15 below . FAILURE TO ACKNOWLEDGE AMENDMENT BY THE DATE AND TIME SPECIFIED MAY RESULT IN REJECTION OF YOUR 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 6

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

16C. DATE SIGNED

BY 13-Sep-2013

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-13-B-0031

X 9B. DATED (SEE ITEM 11)

23-Aug-2013

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-Sep-2013

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-13-B-0031

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

REVISED BID SCHEDULE:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Base Offer

FFP

All work to construct bendway weirs, placement of additional fill and riprap revetment, and channel realignment involving excavating shoaling areas and channel bottom widening along Middle Brook, disposal of materials off site, and modification to an existing closure gate at East Street to add a block and tackle system, in accordance with the drawings and specifications.

FOB: Destination

NET AMT

0002 1 EA

Base Offer

FFP

New Jersey Department of Environmental Protection (NJDEP), Somerset County, and Borough of Bound Brook Liability Insurance. The amount bid will be the maximum amount payable. Actual payment will be based on actual costs.

0003 1 Job OPTION Option 1

FFP

All work to construct erosion control along the upstream portion of the Segment U levee consisting of placement of additional fill and riprap revetment, in accordance with the plans and specifications.

TOTAL AMOUNT

TOTAL BASE BID CLIN 0001 TO 0002 $_______________________

TOTAL OPTION BID CLIN 0003 $_______________________

TOTAL BASE PLUS ALL OPTIONS CLIN 0001- 0003 $_______________________

NOTES:

1. Low bidder for the purpose of award will be the conforming bidder offering the lowest amount for the Total Base Bid and Optional Bid Amount for all items. The Government is under no obligation to award the Optional Item.

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

3. Bidders are required to bid on all items or their bids will be rejected.

4. 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 thereto may render the bid non-responsive and may be caused for its rejection.

5. If awarded, Option #1, Bid Item 0003, shall be awarded within 120 calendar days from issuance of the Base Bid NTP. If awarded, an additional 60 days calendar days will be added to the contract and work shall be completed within 210 calendar days of the Base Bid NTP date.

DRAWINGS:

1. The following changes are made to the plans:

a. Revise and reissue Sheets: C-108 and C-109

SPECIFICATIONS:

2. The following changes are made to the specifications:

a. Section 00010, Bid Schedule, Note 5. Replace with the following:

If awarded, Option #1, Bid Item 0003, shall be awarded within 120 calendar days from issuance of the Base Bid NTP. If awarded, an additional 60 days calendar days will be added to the contract and work shall be completed within 210 calendar days of the Base Bid NTP date.

b. Section 00080, paragraph 1a. Replace with the following:

The Contractor shall be required to (i) commence work under this contract within 5 calendar days after the date the Contractor receives the Notice to Proceed, (ii) prosecute the work diligently, and (iii) complete work in the ready for use, not later than 150 calendar days for the work specified, after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises except in case the Contracting Officer determines that seeding and planting is not feasible during the construction period (FAR 52.211-10). The Contractor shall accomplish such seeding and planting in the first planting period as specified in Paragraph 3.1.1 of Section 32 92 19 following the contract completion date.

If awarded, Option #1, Bid Item 0003, shall be awarded within 120 calendar days from issuance of the Base Bid NTP. If awarded, an additional 60 days calendar days will be added to the contract and work shall be completed within 210 calendar days of the Base Bid NTP date.

QUESTIONS AND ANSWERS for INFORMATION PURPOSES ONLY:

Question No. 1: Amendment #1 added Option #1 for Erosion Control work that is Upstream of Segment U, for which a new set of 17 drawings was issued with Amendment #1. Even though Option #1 adds a significant amount of work to estimate by the bidders, the original bid date of September 24th was not extended by Amendment #1. Therefore, as a small business, we request a postponement to the bid date of at least two additional weeks in order to allow the bidders like ourselves sufficient time to estimate the significant amount of work that is to be included in Option #1. It would also be very much appreciated if the requested bid postponement can be announced in an Amendment issued this week so that we can plan accordingly.

Answer No. 1: The bid opening date remains 24 September 2013 @ 2:00pm EST.

Question No. 2: Even though Amendment #1 potentially adds a significant amount of work in Option #1 to the contract, we do not believe that the revised contract completion language provides a reasonable amount of time for the Contractor to schedule and coordinate the additional work required in Option #1. Therefore, we request that the Contractor be provided with at least 90 additional calendar days in lieu of the 30 days in the Award Scenario #1, and at least 120 additional calendar days in Award Scenario #2. We believe that the requested adjustment to the contract completion time is appropriate since this procurement is specifically targeted for small business contractors.

Answer No. 2: The contract duration, if the option is exercised, has been revised (see Note 5).

Question No. 3: CLIN Item #0002 is for Liability Insurance, and the description of this pay item states that the Amount Bid for this pay item will be the maximum amount payable, and that the actual payment will be based on actual costs. We do not understand the practical purpose served by this pay item, and we wish to advise the government that this will place a burden on the small business contractor awarded this project. For the following reasons we find the requirements of this pay item to present unusual accounting difficulties and a costly burden for the successful small business contractor. First, it is important to understand that the successful contractor will not be buying a specific insurance policy to meet the insurance requirements for just this project.

Contractors purchase insurance coverage on an annual basis that covers all of their projects performed during the policy period. Therefore, in order for the successful contractor to meet the demands of CLIN #0002, the contractor will need to provide the government with an accounting breakdown (audit) that accurately allocates its annual insurance costs to just this project, which will likely span two policy periods. The amount of effort that will be required to provide this unusual insurance cost information will be time consuming, costly, and will places a burden on the small business contractor. Therefore, we request that CLIN #0002 either be eliminated in its entirety, or we request that CLIN #0002 be revised to allow the Bidders to provide a good faith estimate (for bidding purposes) of the anticipated Insurance costs without requiring the successful Contractor to present the actual insurance costs.

Answer No. 3: CLIN#0002 is unchanged. This should reflect the contractor’s cost to name the additional insured specified in Section 00800, paragraph 29.

Question No. 4: In conjunction with Question #2 above, how are the bidders to allocate their Liability Insurance Costs for Option #1?

Answer No. 4: CLIN #0002 covers the Insurance Liability costs to name additional insured for the basic and Option #1.

Question No. 5: Recognizing the importance of providing rip rap stones that comply with the specifications and the drawings, please clarify whether or not the quarry producing the rip rap for this project will be required to provide rip rap that conforms to the rectangular and triangular geometry depicted by the typical sections for the Bendway Weirs on Drawing #C-202. The referenced typical sections show the rip rap as rectangular and triangular shapes that fit neatly together to form what appears to be a single mat of stones that are nested together in a tight geometric formation. While it is customary practice in this area to use shot rock that conforms to certain size and weight ranges for rip rap revetments along stream channels, we have also seen designs used elsewhere by the USACE that do require rock quarries to produce geometrically shaped rocks placed in the manner depicted on the Bendway Weir typical details. Therefore, the bidders and the quarries pricing out this work need to have a very clear understanding at bid time regarding this question because the answer to this question could have a dramatic affect on the pricing and availability of the stones that are produced for this project by the rock quarry selected by the successful Contractor.

Answer No. 5: The rip rap for the bendway weirs do not need to conform to the geometrically shaped rip rap depicted in the typical section.

Question No. 6: Page #4 of Specification Section #35 31 19 for the Stone products includes a gradation chart for the Bendway Weir Stone. However, this chart is missing the weight in pounds for the rock in the 30% to 50% passing category. Please clarify or provide this missing information.

Answer No. 6: No changes are needed to the Bendway Weir gradation table in Section 35 31 19. It presents a range and the material should fall within that range.

Question No. 7: The performance period for the Base Bid portion of this project is 150 calendar days, and the the additional amount of time for Option #1 fluctuates depending on when that work is awarded.

However, we have found that the NJDEP Stream Encroachment Permit (see page #4 of the permit) precludes in-stream or bank sediment generating activities in the Middle Brook for a 60 calendar day period of time from May 1 to June 30th. The moratorium in the NJDEP permit potentially removes 60 days from the 150 day Base Bid performance period, which is a subtantial percentage of the allowable time for the completion of the contract. Therefore, we request that the performance period for the Base Bid portion of the contract be extended by 60 additional calendar days to cover the NJDEP permit moratorium. Please clarify.

Answer No. 7: See change in contract duration for option included in this amendment. The basic contract duration is unchanged and should be completed prior to May 1.

Question No. 8: Section 00 90 03 - National Bald Eagle Management Guidelines are included in the contract documents. Please clarify if any of the work performed in this contract will be impacted by restrictions that are related to Bald Eagles.

Answer No. 8: See Specification Section 01 57 20.00 10, paragraph 3.1.9, for applicability of Bald Eagle Guidelines.

(End of Summary of Changes)