Amendment_0002.pdf

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:

1) Bid opening date is hereby extended to 22 August 2019 at 3:00 P.M. EST (Room 16-300)

2) Answer questions for Informational purposes only.

3) Please see continuation page.

NOTE: Bidders must acknowledge receipt of this amendment by date specif ied in the bid (or as amended) by one of the folloing methods: In the space provided on the SF 1442, by separate letter, or by signing block 15 below . FAILURE TO ACKNOWLEDGE AMENDMENT BY DAITE 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 7

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

16C. DATE SIGNED

BY 14-Aug-2019

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 W912DS19B0013

X 9B. DATED (SEE ITEM 11)

22-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 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-Aug-2019

CODE

US ARMY CORPS OF ENGINEERS, NEW YORK

26 FEDERAL PLAZA, RM 16-300

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:

W912DS19B0013

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE (SF 30)

The following have been added by full text:

AMENDMENT 0002

W912DS-19-B-0013

Houghtaling Island, Expansion and Realignment of Area A

Houghtaling Island, NY

Amendment 0002

Revise and Reissue - FAR Clause 52.219-14

52.219-14 -- Limitations on Subcontracting. (DEVIATION 2019-O0003) As prescribed in 19.508(e) or 19.811-3(e), insert the following clause:

Limitations on Subcontracting (Jan 2017)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Applicability. This clause applies only to--

(1) Contracts that have been set aside or reserved for small business concerns or 8(a) participants;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants; and

(3) Orders set aside for small business or 8(a) participants under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for --

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

(End of Clause)

Class Deviation 2019-O0003 (dtd 12/3/18)—Limitations on Subcontracting for Small Business. Effective immediately this deviation remains in effect until it is incorporated into the FAR and DFARS, or otherwise rescinded

Insert the following clause in solicitations and contracts for supplies, services, and construction, if any portion of the requirement is to be set aside for small business and the contract amount is expected to exceed the simplified acquisition threshold. This includes multiple-award contracts when orders may be set aside for small business concerns, as described in 8.405-5 and 16.505(b)(2)(i)(F):

Limitations on Subcontracting (Jan 2019) (DEVIATION 2019-O0003)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. As used in this clause— “Similarly situated entity” means a first-tier subcontractor, including an independent contractor, that has the same small business program status as that which qualified the prime contractor for the award and that is considered small for the NAICS code the prime contractor assigned to the subcontract the subcontractor will perform. An example of a similarly situated entity is a first-tier subcontractor that is a HUBZone small business concern for a HUBZone set-aside or sole source award under the HUBZone Program.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside or reserved for small business concerns or 8(a) participants;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants; and

(3) Orders set aside for small business or 8(a) participants under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Agreement. By submission of an offer and execution of a contract, the Offeror/Contractor agrees in performance of the contract in the case of a contract for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities.

Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded;

(2) Supplies (other than procurement from a non-manufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 75 percent subcontract amount that cannot be exceeded.

(f) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(End of clause)

Revised and Reissue: FAR Clause 52.211-10

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 5 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 70 calendar days after the notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

Revise and Reissue: FAR Clause 52.236-1

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least fifty percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

(End of clause)

Revise 1442 of the solicitation - Line # 11

The Contractor shall begin performance within 5 calendar days and complete it within 70 calendar days after receiving notice to proceed.

Amendment 0002 to DRAWINGS and SPECIFICATIONS

TO OFFERORS

The following changes shall be made to the drawings and specifications.

DRAWINGS:

1. The following DRAWINGS have been REVISED but NOT REISSUED:

- None

2. The following DRAWINGS have been REVISED and REISSUED:

Sheet 3 of 8, Topo

Replace topo on sheet 3 of the attached drawings.

Sheet 4 of 8, Proposed Site Plan

A new placement site for the disposal of excess cut material resulting from the excavation and grading of the interior floor footprint in containment cell A.4, has been located, and delineated, in containment cell A.1.

3. The following DRAWINGS have been ADDED:

- None

SPECIFICATIONS:

1. The following SPECIFICATIONS have been ADDED:

The following has been added by full text:

SECTION 01200 – TECHNICAL SPECIFICATIONS

Paragraph 5.9.3, Excavation and Disposal of Excess Cut Material in Containment Cell A.4. The Contractor shall remove an estimated 25,000 CY of excess cut material from the interior footprint of containment cell A.4. The purpose of this earthwork is to reduce the finished bottom elevation from approximately 45 feet NAVD88 to a finished grade of approximately 40 feet NAVD88. The Contractor shall commence the removal and disposal of materials commencing at the proposed constructed interior toe of the containment dike, and starting in areas where the existing ground elevations are at 45 feet NAVD88. The Contractor shall strive to uniformly reduce the grade of the interior of the site throughout the interior A.4 footprint. The interior slopes of existing and constructed dikes shall be extended to the finished interior bottom of cell A.4. The Contractor is prohibited from excavating trenches, pits or other similar features that will concentrate the removal of materials in localized and narrowed areas. The finished interior floor grade shall be made as even and uniform. All excavated excess cut material shall be placed in the designated disposal area located, and as delineated, in containment cell A.1.

Excavated materials shall be placed in approximately equal layers not exceeding twenty four

(24) inches in loose thickness and shall be compacted by the controlled traffic of spreading, hauling, or shaping equipment over each layer. Equipment shall be operated on the disposed material in a manner that covers as much of the fill surface as possible during traffic compaction. The maximum elevation of the placed materials in the disposal site shall be 49 feet

NAVD88.

(End of Provision)

2. The following SPECIFICATION SECTION has been REVISED but NOT REISSUED:

SECTION 00 73 00 – SPECIAL CONTRACT REQUIREMENTS

Paragraph 1.2, Commencement, Prosecution & Completion of Work

The Contractor will be required to (a) commence work under this contract within five (5) calendar days after the date the date the Contractor receives the notice to proceed, (b) to prosecute said work diligently, (c) to complete the entire work ready for use, not later than 70 days after the date the Contractor receives the Notice to Proceed. The time stated for completion shall include the final clean-up of the premises.

Paragraph 1.4, PERFORMANCE OF WORK BY CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization and equipment, work equivalent to at least fifty (50) percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performance of the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government. (FAR 52.236-01)

SECTION 01200 – TECHNICAL SPECIFICATIONS

The following has been added by full text:

Paragraph 1, Work Covered By Contract Price.

k. Excavation and disposal of an estimated 25,000 CY of excess cut material from the interior footprint of Containment Cell A.4.

l. Deliver As-Built survey of entire project site at completion and acceptance of required contract work.

Paragraph 5.7, Placement Site Work Plan.

g. Excavation plan for new containment cell A.4, and other proposed borrow area(s) including:

location, proposed cross-sections, and proposed quantity to be used for dike construction. This plan shall also include the removal and disposal of excess materials required to lower the finished interior elevations of containment cell A.4;

(End of Provision)

3. The following SPECIFICATION SECTIONS has been REVISED and REISSUED:

4. The following SPECIFICATION SECTIONS have been DELETED in their entirety:

(Questions that may be of general interest to all Offerors and/or the Government and that are not readily answered by the proceeding changes will appear below. These questions may have been paraphrased or altered to represent several questions regarding the same subject and/or simply revised to clarify and simplify the question(s). Questions and answers are issued to the Offerors "for information only" and do not revise the solicitation, plans or specifications.)

Q.1. Is there any liner required on the earth dike slope for Cell A4?

A.1. Yes. With reference to the details and notes shown on sheets 4 and 5 of 8, geomembrane liner is required to be installed on both the inlet and outlet sides of pipe penetrations for the A.4/A.3 interior weir.

Q.2. Does the entire bottom of the new Cell A4 get a liner?

A.2. No, that is not required in the scope of work as defined in the project plans and specifications.

Q.3. What is the preferred method of sealing the A3 Weir Box which is to remain in place?

A.3. In accordance with Section 01200, paragraph 5.12.1: "..., the Contractor shall design and install a temporary modification of the existing exterior weir in Containment Cell A.3 to make it watertight, in order to prevent the seepage of water and solids into adjacent exterior areas."

Q.4. What is the length of the 24” & 32” Pipes coming out of the New Exterior Weir?

A.4. The length of the 24" diameter pipe will vary depending on the location of the weir and the distance to the exterior slope of the adjacent perimeter dike. For example, the approximate lengths of the discharge pipelines coming out of the A.3 and B.3 exterior weirs are 100' and 160' respectively. To the best of our knowledge there is no 32" diameter pipeline on the site.

Q.5. Will a Rip Rap Outfall need to be installed at the outfall?

A.5. Assuming that the "outfall" you are identifying is the outlet or discharge end of the exterior weir pipeline in A.2, there is no requirement to install riprap at this location. Also, the geomembrane liner underneath the discharge end of the interior weirs serves as a splash pad to prevent scouring of the dike slope.

Q.6. Please provide the correct drawing size for correct scaling, currently the drawing size is 11" X 8.5" A.6. The attached drawings have been reduced: Drawings page size is 42x30, with the Topo Map drawn to scale 1"=100'

SECTION 00 10 00 - SOLICITATION

The required response date/time has changed from 21-Aug-2019 02:00 PM to 22-Aug-2019 03:00 PM.

(End of Summary of Changes)

52.219-14 -- Limitations on Subcontracting. (DEVIATION 2019-O0003)