W912DS22B0024 Amendment 00004.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 this amendment is to:

1. Revise & Re-Issue bid schedule to include notes section

2. Answ er questions to prospective bidders for informational purposes only.

3. Re-issue Clause 52.204-8 as full text Bid opening Remains 26-Sep-2022 at2:00 P.M. EST NOTE: Bidders must acknow ledge receipt of this amendment by the date specif ied in the solicitation (or as amended) by one of the follow ing methods: In the space provided on the SF1442, by separate letter, or by signing the block 15 below . FAILURE TO ACKNOWLEDGE AMENDMENTS BY THE DATE AND TIME SPECIFIED MAY RESULT IN REJECTION OF YOUR BID IN ACCORDANCE WITH THE DATE BID, LATE

MODIFICATIONS OF BIDS OR LATE WITHDRAWAL OF BIDS (FAR 14.304).

1. CONTRACT ID CODE PAGE OF PAGES

1 14

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

16C. DATE SIGNED

BY 22-Sep-2022

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 W912DS22B0024

X 9B. DATED (SEE ITEM 11)

26-Aug-2022

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

22-Sep-2022

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:

W912DS22B0024

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 0004

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

DRAWINGS

1. The following DRAWINGS have been REVISED and REISSUED:

-None

2. The following DRAWINGS have been ADDED:

-None

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

-None

SPECIFICATIONS:

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

-None

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

3. The following SPECIFICATION SECTIONS have been REVISED and REISSUED in their entirety:

-None

4. The following SPECIFICATION SECTIONS have been REVISED but NOT REISSUED:

-None

REVISED PLANS & SPECIFICATIONS:

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 and as posted on

SAM.Gov.

Set 1 of 1 Question 1) With Amendment 003 and the issuance of the new bid schedule CLIN’s in consideration. Will there still be a CLIN 0002 as a placeholder, or just CLINs 0002AA and 0002AB?

Response 1) Bid schedule was reissued part of amendment 3.

Question 2) Will the Contractor be allowed to make use of the unfilled beach sections in between the Option reaches for trans-versing equipment between the beachfill areas?

Response 2) Yes. with the approval of the COR.

Question 3) There are several groins/jetties in the beachfill areas, are there any requirements pertaining to the amount of fill to be placed on top of the structures prior to crossing with heavy equipment?

Response 3 no requirement

Question 4) Paragraph 3.1.4.1 of Section 01 57 19 on Page 18 of the project specifications states that monitoring shall occur. Has the USACE determined the proposed frequency and duration (hours per day) for shorebird monitoring (piping plover, roseate tern, and least tern) or will this be determined as part of the development of the shorebird monitoring work plan and/or in coordination with the NJ Endangered and Non-Game Species Program?

Response 4) Because work will be outside of the birding window (ending by March 1), monitors are not expected. If for any reason work or demobilization, extends past March 1st. USACE has not determined set hours per day as this needs to be approved and coordinated with USFWS and the NJ Endangered and Non-Game Species Program. In all cases, work beyond March 1 will be under the direction of a qualified endangered species monitor/s retained by the contractor. The monitors shall maintain daily field notes and report on a daily basis to the USACE biologist beginning March 1, 2022.

Each day's monitoring will consist of 2 surveys to be conducted during different times of the tidal cycle and up to 1,000 feet outside of the project area.

Set 2 of 2

Question 1) Prior experience shows that every Borrow Area, including portions of the ones provided, have produced large quantities of oversized materials. These materials being greater than the MEC screen size opening, cause immediate screen clogs, resulting in constant backflushing greatly extending pump durations. Can the Government quantify or supply percentage of total, the oversized material greater than 1.25”, so all bidders can price on the same scope?

Response 1) The government has provided all available information for this project’s borrow areas.

Question 2. It is historically hard to control the slope while pumping on the beach due to the design template, which causes unnecessary material losses and more delays, resulting in higher cost to complete the project. We request that the slope is reexamined, with a gradual slope that ties into the existing ground of 1v:10h. This would allow the execution of the project to be more cost effective and be able to complete in fewer days.

Response 2) Template will not be changed for this contract..

Question 3). We request that the award period for the beachfill options be awarded within 60 days to ensure that the contractor can be fully prepared to possibly complete any additional option work during the first season time frame, especially work that ties into the Base template.

Response 3) Revised to 90 days

Question 4. In Note 8 of the bid schedule, please clarify what “The USACE will coordinate with the contractor to maximize the placement area next to adjacent option sections” means.

Response 4) note 8 is revised in this amendment.

Question 5. Due to the uncertainty of the Options and when they will be awarded, the contactor requests that Note 9 in the bid schedule be changed to “Option line item 0008 will be awarded if any option work is exercised”. If there is not a definite award of the mob/demob for option work, the contractor may be required to put the cost in the base mob/demob to ensure they will be covered for a second season of work. This bid item must be clear, without ambiguity.

Response 5) Note 9 revised to “optional line item 0008 (option 4) will be exercised if option work for bid item numbers 0005 (option 1) and/or 0007 (option 3) are exercised.”.

Question 6. In regards to Amendment 3, the notes were not included on the updated bid schedule, only the Total CLIN Items. Do the notes on the previous bid schedule still apply to the update bid schedule? Please provide an amended full bid schedule.

Response 6) Full bid schedule provided in this amendment.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Mobilization & Demobilization

FFP

FOB: Destination

PSC CD: C1KF

NET AMT

Hydraulic Beach Fill

FFP

ESTIMATED QUANTITIES

0002AA 874,300 Cubic

Yard

Hydraulic Beach Fill

0002AB 25 Acre Beach Tilling

FFP

0003 1 Job Final Record Drawings

FFP

PRE-PRICED $100,000.00

0004 1 Job Vibration Monitoring

FFP

0005 641,200 Cubic

OPTION Option 1

ESTIMATED QUANTITIES

Hydraulic Beach Fill Monmouth Beach (STA238+00 to STA281+00)

0006 263,000 Cubic

OPTION Option 2

ESTIMATED QUANTITIES

Hydraulic Beach Fill Elberon (STA445+00 to STA464+00)

0007 380,000 Cubic

OPTION Option 3

ESTIMATED QUANTITIES

Hydraulic Beach Fill Sea Girt/Manasquan ((STA1003+00 to STA1062+00)

0008 1 Job OPTION Option 4

FFP

ESTIMATED QUANTITIES

Re-mobilization & Demobilization for Hydraulic Beach Fill

0009 1 Job OPTION Option 5

FFP

Junction Box Riser

TOTALS/NOTES

Total Base CLINS (0001 – 0004) ___________________

Total Optional CLINS (0005 – 0009) ___________________

Total Base & Optinal CLINS (0001 – 0009) ___________________

NOTES:

1. Materially unbalanced bids will 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.

2. The bidders are required to bid on all items or their bid will be rejected.

3. The low bidder for the purpose of award will be the conforming responsible bidder offering the lowest amount for the Total Base Bid and Optional Bid items.

4. Line item 0003 is pre-priced at $100,000 and this price shown may not be changed. See Section 01 78 00 for Final Record Drawing definition and requirement.

5. The Bid Acceptance Period is as stated on Standard Form 1442.

6. Tapering is included in the items and exact locations are on the plan sheets.

7. All BASE work must be completed by March 1, 2023 due to environmental restrictions. No work will occur between March 1, 2023 and October 15, 2023. No work will be allowed after March 1, 2024.

8. The government may exercise options within 90 days of NTP.

Option work for Bid Item Number 0009 (option 5), if exercised, must be completed by March 1, 2023.

9. Optional line item 0008 (option 4) will be exercised if option work for bid item numbers 0005 (option 1) and/or 0007 (option

3) are exercised).

10. The Government is under no obligation to exercise/award any option.

SECTION 00 45 00 - REPRESENTATIONS AND CERTIFICATIONS

The following were previously included by reference and are now included by full text:

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2022)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is $32,500,000.00.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(D) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

(End of Summary of Changes)