W912DS-20-B-0007_0002.pdf

W912DS20B0007

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 remains 19-May-2020 at 2:00 P.M. EST

2) Bidder Inquiry w ill close on 14-May-2020

3) Revise and Reissue: Section 00 21 13 - Instructions to Bidders: Notice to Intent to Bid.

4) Revise and Reissue FAR 52.222-23

5) Respond to bidder request for information. For information only.

NOTE: Bidders must acknow ledge receipt of this amendment by 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 DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR BID IN ACCORDANCE WITH THELATE 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 12-May-2020

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 W912DS20B0007

X 9B. DATED (SEE ITEM 11)

15-Apr-2020

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 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

12-May-2020

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:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

AMENDMENT 0002

NY&NJ Harbor, Port Jersey Channel, Federal Navigation Project

Maintenance Dredging – W912DS-20-B-0007

Section 00 21 13 –Instructions to Bidders

NOTICE TO INTENT TO BID

The bidder shall be submitted electronically, as described below.

The IFB will provide the Government address and receipt date for bid submittal. The bid shall not contain classified data. The use of hyperlinks in proposals is prohibited.

NOTE: Notice of Intent to Bid must be submitted to Orlando Nieves Orlando.Nieves@usace.army.mil and Nicholas Emanuel Nicholas.P.Emanuel@usace.army.mil two (2) days before the bid opening.

Bids are due 19-May-2020 at 2:00 P.M. est however the reading of the bids will happen at 2:30 P.M. to allow for time to download the bids before they are read.

Bids received after 19-May-2020 at 2:00 P.M. est on https://safe.apps.mil/ will be considered late

It is recommended that bidders submit their bids at least 2 hours before to allow enough time for the bid to be uploaded. Please note that bidders do not need to wait until the day of bid opening to submit their bids.

The only authorized transmission method for the bid in response to this solicitation is electronically via SAFE online submission. NO

OTHER TRANSMISSION METHODS (EMAIL, FACSIMILE,

REGULAR MAIL, HAND CARRIED, ETC.) WILL BE

ACCEPTED.

The bid must be received by the Government by the date/time specified in the solicitation. The Bidder shall submit their bid using the following link:

https://safe.apps.mil/

NOTE: Problems accessing the DoD SAFE site by external (non-CAC) users are typically due to SSL and/or client certificate issues. If the user receives a warning about a problem with the website's security certificate, this is because their browser is not configured to trust the DoD certificate authorities. The user can either import the DoD certificate authorities by following the instructions in the DoD PKI PMO's guide on Install Root or they can accept the risk and click on the option to continue to the website. The current guide on Install Root can be found Problems accessing the DoD SAFE site by non-CAC users - https://safe.apps.mil/about.php

INSTRUCTIONS FOR SUBMITTING ELECTRONIC PROPOSALS:

In an effort to reduce paperwork and cost, all bids shall be submitted electronically through the SAFE site. Submission shall be in Adobe PDF format. You are limited to five (5) maximum files per upload (total size cannot exceed 2GB). If you have a large number of files, recommend that you combine or ZIP your files before uploading to the SAFE site. Bidders may use compression utility software such as WinZip or PKZip to reduce file size and facilitate transmission.

REQUEST FOR UPLOAD CODE: Offerors must email Contract Specialist Orlando Nieves Orlando.Nieves@usace.army.mil and Nicholas Emanuel Nicholas.P.Emanuel@usace.army.mil no later than two (2) working days prior to the bid due date to receive a request code which will allow for file uploads via the SAFE site. Bidders that fail to email for request a code two (2) working days before bid submission date may not be able to receive a request code in time to upload their submission.

FILE DESCRIPTION: Include a “File Description” for each file(s) you upload. The “File Description” will be included in the email notice to each of the recipients you choose to have access your file(s). NOTE: Do NOT enter Privacy Act Data (Personal Identification Information (PII)) in the File Description.)

Submission shall be in Adobe PDF format.

INSTRUCTIONS TO FOLLOW ON THE SAFE WEBSITE:

1. Once at the SAFE website select the “Drop-off” icon. This allows users without a CAC or users whose computer is not configured to read a CAC the option to access the SAFE site as a guest.

2. After selecting the “Click Here” link you will be prompted to add your personal information, file information, recipient (Government representative) information and email settings.

When completing your file information for transmittal via the SAFE website, you will be required to enter the email address for all recipients. For this solicitation, the recipients are the Contract Specialist and the Contracting Officer. The Contract Specialist for this solicitation is Orlando.Nieves@usace.army.mil, and the Contracting Officer is Nicholas.P.Emanuel@usace.army.mil. The E-Mail address of the Government Employee who initiated the request code will be automatically entered. The Proposer must enter the E-Mail address for both the Contracting Officer and Specialist. The Proposer can enter an additional E-Mail address if desired. After entering the email address, click the ADD button to add the person(s) email to the “Recipients List” of your response.

When your proposal is submitted, a notification will be sent to the recipients you added.

NOTE: Do NOT send the SAFE site packages to group email accounts.

Even if you successfully upload your proposal to the SAFE site, notification will not be sent to the government recipients until you verify your email address. Entering an incorrect email may result in the rejection of your submission for lateness. A Proposer can confirm proper submission by the ‘Drop-Off Completed” screen which generates based on proper file submission.

NOTE: It has been reported that documents are more quickly uploaded into the SAFE website when using a Firefox web browser. The Government cannot verify that this is true and offers no guarantee that Offerors will have more success utilizing any particular browser.

RECEIPT OF SUBMISSIONS:

For the purposes of establishing whether a proposal submission is considered timely, the government considers the date and time the submission is completely uploaded into the SAFE website. For proposals larger than the 2GB capacity of the SAFE website and require multiple submissions, the Government will consider the date and time the last submission is completely uploaded into the SAFE website. Do not assume that electronic communication is instantaneous. It can take several minutes or even hours in some cases.

The government will not be responsible for submissions delivered to any location or to anyone other than those designated to receive proposals. Offerors are responsible for ensuring that proposals are submitted so as to reach the designated recipient. Offerors are responsible for allowing sufficient time for the proposal to be received in accordance with the instructions provided.

Bidders are encouraged to call into the following teleconference line:

1) Call number

USA Toll-Free: 888-684-8852 OR USA Caller Paid/International Toll: 215-446-0155

2) Type in Access code: 2944873#

3) Type in the Pass Code 2020# to listen to the bids being read.

Bidder must keep their phone on mute as to not disrupt the reader.

Please limit the amount of company employees calling into the line so that the line does not disconnect. The abstract of bids will be posted to the Beta.Sam website.

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE

EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

17.0%

6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action

Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the –

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is

NY&NJ Harbor, Port Jersey Channel

(End of provision)

NY&NJ Harbor, Port Jersey Channel, Federal Navigation Project Maintenance Dredging – W912DS-20-B-0007

TO BIDDERS:

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

DRAWINGS:

1. The following DRAWINGS have been REVISED and REISSUED:

a. None

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

a. None

3. The following DRAWINGS have been ADDED:

a. None

4. The following DRAWINGS have been DELETED:

a. None

SPECIFICATIONS:

1. The following SPECIFICATION SECTIONS have been ADDED and are provided in their entirety herein:

a. None

2. The following SPECIFICATIONS SECTIONS have been DELETED in their entirety:

a. None

3. The following SPECIFICATIONS SECTIONS have been REVISED and REISSUED:

a. None

4. The following SPECIFICATIONS have been REVISED but NOT REISSUED:

a. None

BIDDER’S QUESTIONS AND GOVERNMENT REPLY

(Questions that may be of general interest to all Bidders 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 bidders “For Information Only” and do not revise the solicitation, plans or specifications.)

Question1: Please confirm the last date to submit bid clarifications.

Answer 1: Bidder Inquiry will close on 14-May-2020 Question 2: Please provide any applicable Federal, State, and Local Permits for the Works.

Answer 2: Please see Section 00 90 01 Attachment L of the specification for the NOAA Fisheries Essential Fish Habitat (EFH) Recommendation containing the dredge restriction window. Please see the Section 00 90 02 of the specification for the New Jersey Department of Environmental Protection (NJDEP) Federal Consistency Determination/Water Quality Certificate (FCD/WQC) and FCD/WQC Correction Letter.

Question 3: : In Section 00 21 13 of the Solicitation - Instructions to Bidders, the “Notice to Intent to Bid” references a 20 May 2020 bid due date, which is contradictory to 19 May 2020 date reference other parts of the Solicitation and Specification. Please confirm the correct bid due date.

Answer 3: Section 00 21 13 of the Solicitation - Instructions to Bidders, the “Notice to Intent to Bid” has been revised to “19-May-2020 at 2:00 P.M”.

Question 4: Section 01 30 00 of the Specifications, paragraph 1.2 makes reference to a reduction on retainage, however, it is not clear the amount of retainage that will be applied to pay applications. Please clarify.

Answer 4: For maintenance dredging contracts the retainage will be 10% OF EACH PAY PERIOD UNTIL 5% OF TOTAL PROJECT COST IS REACHED and typically the low bidder is notified of the retainage amount during the Pre-construction Conference.

Question 5: Upon close inspection of the drawings, Donjon has not been able to locate the as‐ built drawings reflecting the installation of the steel plates over the PVSC discharge outlets.

Please provide the as‐built drawings. Additional time to determine their locations and necessary precautions is also needed. Please consider extending the due date by one week after receipt of these drawings. Thank you.

Answer 5: The steel plates as-built drawings have already been included as an attachment to the solicitation and could be found on the W912DS-20-B-0007 Solicitation page in beta.SAM.gov.

The steel plates as-built are entitled "b - Previous Dredging Att a Harbor Deepening S-PJ-4 AS- BUILT_COMPLETE SET_030813.pdf". As the as-built drawing have already been included as an attachment to the solicitation, an extension of the Bid due date is not warranted at this time.