W912DS24B0006 0004.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) provide responses to contractor RFIs, 2) extend the bid opening date from 2pm EST on 22 May 2024 to 2pm EST on 05 June 2024. 3) provide Site Visit #2 Attendance List, 4) update FAR 52.228-1, and 5) provide amended specifications.

NOTE: Bidders 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 SF1442, by separate letter, or by signing block 15 below . FAILURE TO ACKNOWLEDGE AMENDMENTS BY THE DATE AND TIME SPECIFIED MAY RESULT IN REJECTION OF YOUR BID IN ACCORDANCE WITH THE LATE BID, LATE

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

1. CONTRACT ID CODE PAGE OF PAGES

1 7

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

16C. DATE SIGNED

BY 17-May-2024

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 W912DS24B0006

X 9B. DATED (SEE ITEM 11)

22-Apr-2024

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

17-May-2024

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:

W912DS24B0006

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:

ADDITIONAL RFIS

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.

Q3. Will USACE allow contractor to supply their own cofferdams in lieu of using the USACE cofferdams?

A3. Yes. Please see Option 0016 in Amendment 0003.

Q4. What is the USACE cost associated with furnishing and delivering the USACE provided cofferdams to the contractor?

Q4. USACE owns these cofferdams, so the cost is for transport only. We do not have an estimate of transportation cost at this time.

Q5. Would USACE evaluate the proposal with the contractor supplied cofferdam option?

Q5. Yes. Please see Option 0016 in Amendment 0003.

Q6. Where do the cofferdams furnished by USACE get turned over to the contractor and where are they expected to leave them when work is completed?

Q6. At the Albany Field Office in Troy, NY.

Q7. Who is responsible for payment for the transportation of the cofferdams once contractor has completed use of them?

A7. If Government-supplied, the Government. If Contractor-supplied, the Contractor.

Q8. Please clarify Lock Closure Dates as the specifications show discrepancies.

A8. See updated specification section 01 14 00 provided as part of the solicitation documents.

Q9. How much material is the contractor to assume to remove from the sill for concrete placement?

A9. Survey data to be provided. Please contact Kristin Irwin at Kristin.l.irwin@usace.army.mil to request documents. These will include raw point cloud data (.pod files), and CAD file (.dgn) files. Documents will be sent using DOD Safe file transfer

Q10. Can the sediment be displaced in the lock chamber, or do we need to account for disposal costs?

A10. See specifications section 01 53 11 paragraph 3.5.

Q11. Please provide any bathymetric surveys of the downstream bulkhead sill.

A11. Survey data to be provided. Please contact Kristin Irwin at Kristin.l.irwin@usace.army.mil to request documents. These will include raw point cloud data (.pod files), and CAD file (.dgn) files. Documents will be sent using DOD Safe file transfer.

Q12. Please confirm that USACE is performing dewatering operations and clearing any sediment within the lock chamber.

A12. For dewatering, see specifications section 01 14 00, paragraphs 1.4.2.1, 1.4.2.2, and 1.4.2.3. For sediment clearing, see specifications section 01 53 11, paragraph 3.5.

Q13. Please provide secondary bid walk attendance sign-in sheet.

A13. This will be provided with Amendment 0004.

Q14. Bid bond - Section 00 21 13 - in the section regarding BONDS it states to use form SF24, can contracting please confirm if a bid guarantee is needed and the amount of bid guarantee as 52.228-1 was not included in docs.

A14. A bid guarantee is required. See updated FAR 28.101-2 with Amendment 0004.

Q15. Anticipated award date A15. 14 June 2024

Q16. Will work at both areas (stop log recess and trash rack) be allowed to run simultaneously at any point?

A16. The trash rack portion of the project cannot run at the same time as the stoplog dam recesses work because to access the trash racks the stoplog dam needs to be installed.

Q17. Page 19 of the solicitation, section 00 21 13 states “Contractors are required to deliver bids to 26 Federal Plaza room 16-300.” Can bids be emailed?

A17. Bids cannot be emailed; all bids must be delivered sealed as per the bid submission instructions in section 00 21 13.

Q18. Page 29 of the Construction and Specifications, Section 1.4.2 States “The first lock closure period is from 7:00AM on 01 Dec 2023 to 4:00PM on 01 Mar 2024.” Please confirm this should be 2024 and 2025.

A18. See updated specification section 01 14 00 provided with Amendment 0004.

Q19. Page 30 of the Construction and Specifications, Section 1.5.1 calls for furnishing temporary construction power using generators. Is temporary power available for the job site trailer or will this too require a generator?

A19. There is a pole that is available to the contractor to have a meter installed by National Grid. This is located on the north side of the property. The Contractor may also opt to power the trailer by a generator.

Q20. Page 129 of the Construction and Specifications, Section 2.1.2 states Two cofferdams will be provided by the Government for Contractor use. The drawings show how to build cofferdams. Is the contractor to use the Government furnished cofferdams or build new ones?

A20. If option CLIN 0016 is awarded, two cofferdams are to be Contractor supplied. If option CLIN 0016 is not awarded, two cofferdams will be Government supplied. The drawings are of the Government supplied cofferdams and are assembled.

Q21. Page 129 of the Construction and Specifications, Section 2.2.1 states “include description and quantity of stair towers in the confined space plan. Will all work in the lock be considered confined space?

A21. See updated 01 53 11 specification included in Amendment 0004.

Q22. Page 143 of the Construction and Specifications, Section 1.6.8 states “Some permits require up to 180 days to obtain.” What permits are required, and what permit is expected to take 180 days?

A22. Bid as shown.

Q23. Page 144 of the Construction and Specifications, Section 3.1 states “The protection of rare, threatened, and endangered animal and plant species identified, including their habitat, is the Contractor’s responsibility.” What if any rare, threatened, and endangered animal and plant species are expected to be encountered other than the Golden and Bald eagles.

A23. No other endangered species are expected, but Contractor responsible for identification of any other endangered species that may enter area.

Q24. Page 147 of the Construction and Specifications, Section 3.4.2: Existing historical resources within the work area are as shown. Where are these shown? Please provide additional information.

A24. See updated specification 01 57 19 in Amendment 0004.

Q25. Page 293 of the Construction and Specifications, Section 2.1: Provide new UPS to replace the existing Programmable Logic Controller power supply. Please provide information on the existing UPS to be replaced. Are we to match existing or will additional requirements be issued?

A25. Requirements for new UPS are shown on sheet E-101. New UPS and axillary battery bank to match existing.

Existing UPS and axillary battery information are as follows:

Uninterruptible Power Supply (UPS)

On line design (no delay)

120 VAC / 3000VA / 2700W

Output AC - (1) L5-30R, (6) 5-20R Receptacles (110/115/120VAC, user-configurable) Input AC - NEMA L5-30P Plug, 10ft Cord (120VAC nominal, 40-70 Hz; Auto Sensing) Waveform – Sine Wave Replaceable, Hot Swappable Batteries Input Circuit Breaker, Lightning and Overload Surge Protection, with Emergency Power Off Tower supports Auxiliary Battery Bank Compatible/ Input receptacle included.

Equivalent to Liebert GXT4-3000RT120

Replacement Auxiliary Battery Bank Batteries

Quantity required: 8 For use with Uninterruptible Power Supply (UPS) Systems.

12V 35AH at 20 hour rate (minimum) 12V 148W at 15 minute rate (minimum) Nominal Dimensions: 7.76"L x 5.19"W x 6.80"H (includes terminal) Terminals: thread insert, compatible with flag terminals flame retardant, non-spillable 10 year design at 25 degrees C.

3 Year Replacement Warranty Equivalent to Dynasty UPS12-150MR

Q26. We are requesting an extension for the bid due date.

A26. An extension for the bid due date is included in Amendment 0004.

Q27. Can we get a picture of the existing protection plate from a vertical standpoint?

A27. See attachment of images in Amendment 0004.

Q.28 Can the Contractor utilize additional real estate for access, laydown, and equipment staging?

A28. If it does not damage property or interfere with USACE operations, then USACE is willing to work with the contractor to meet their needs for access, laydown, and equipment staging. As of this time, the highlighted area in yellow is available during time of work for the contractor to use, but will be further evaluated after time of award.

Q29. “For all equipment over 10,000 pounds, or any crane that may lift components while on the lock wall, perform a Lock Wall Stability Analysis of the Lock wall to ensure equipment and construction activities do not compromise the stability of the lock walls.” Has this been done for the crane used to set the downstream stop logs and the upstream needle beam? If so, can this information be provided?

A29. We do not have a Wall Stability Analysis of the lock wall.

Q30. Can you provide dive video and photos of the lower chamber walls and stoplog sill areas?

A30. Dive videos do not exist. See attachment of images for the lock walls and sills during the last dewater in Amendment 0004.

Q31. What does the chamber wall look like for smoothness for a cofferdam seal? During walk thru there were contradicting statements, one that the concrete looked good and the other one was that it was in poor shape.

A31. See attachment of images for the lock walls during the last dewater in Amendment 0004.

Q32. Can you provide dive video and photos of upper trash rack area?

A32. See attachment of images for trash rack area during the last dewater in Amendment 0004.

Q33. Can the backup power be installed through the panel on the east side of the powerhouse?

A33. The panel is available to use, however the Contractor must decide if this is viable way to create back-up power.

Q34. Are both stages of work considered confined space? Meaning that there will need to be a hole watch at all times while work is happening?

A34. See updated specification 01 57 19 in Amendment 0004.

Q35. Where is the location of the 5foot x 5-foot monitoring well area?

A35. At the south side of the property. (see image with red box)

Q36. Is the cofferdam side and bottom seals being provided with the cofferdams?

A36. For bidding purposes, assume Government-provided cofferdams would come with seals.

Q37. RFI response A2 states that “Offerors are required to be a certified 8(a) small business.” Can USACE confirm that non-8(a) contractors are ineligible to be awarded this work, even if they are small businesses with the option to subcontract to an 8-A firm?

A37. USACE can confirm this. The Prime contractor must perform the majority of the work per FAR 19.8 and 13 CFR, and this action has been set-aside exclusively for the 8(a) program.

Q38. Can USACE also confirm whether a joint venture that includes an 8(a) small business is eligible to be awarded the project, and whether any conditions exist on how that joint venture must be structured?

A38. “13 CFR 124.513- Under what circumstances can a joint venture be awarded an 8(a) contract” provides the guidance for this action. This is implemented as per FAR 19.804-3, and 19.805-2 as appropriate.

Q39. The pool of 8(a) contractors available to meet the requirements of this solicitation either directly or by joint venture appears extremely limited. Can USACE confirm how many 8(a) contractors it determined were capable of performing this project? How many of those contractors did USACE determine were capable of obtaining bonding for the project, if that was considered? Can USACE explain why it decided to require the project to be awarded directly to an 8(a) contractor, rather than establishing 8(a) contractor utilization goals, given the size and scope of the project?

A39. USACE conducted Market Research in proper accordance with FAR Part 10. Per the rule of two found at FAR 19.502-2, USACE New York determined that there were two or more Small Businesses capable of performing this work. In working with the SBA Business Development Offices, it was further determined that adequate 8a businesses could provide the desired services to meet the district’s needs.

Q40. In the interest of ensuring adequate price competition and compliance with the stated policy of the 8(a) program – that “[s]mall business concerns shall be afforded an equitable opportunity to compete for all contracts that they can perform to the extent consistent with the Government's interest” (48 C.F.R. 19.202–1), will USACE waive the requirement that Offerors be a certified 8(a) small business? Will USACE otherwise modify the solicitation to establish an 8(a) utilization goal rather than requiring the Offeror to be an 8(a) contractor, thereby allowing participation of other small local businesses (and increasing competition), while ensuring that a sizeable portion of the work is still performed by an 8(a) contractor?

A40. At this time, the USACE New York District is confident in its ability to establish price reasonableness given the current acquisition strategy.

Q41. In addendum 3 USACE requests contractors provide an option for supplying cofferdams. Can you provide the basis for design from original drawings?

A41. See updated specification section 01 53 11 in Amendment 0004.

Q42. Is the contractor supposed to supply a backup source of power to the standby generator?

A42. Power to the PLC cannot be interrupted for more than 2 hours. It is the contractor’s responsibility to provide continuous power.

Q43. Bid due date can this be extended 1 week?

A43. An extension for the bid due date is included in Amendment 0004.

SECTION 00 21 00 - INSTRUCTIONS

The following have been modified:

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20% percent of the bid price or $3,000,000.00, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of provision)

(End of Summary of Changes)