Amendment 0001.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

Please see Continuation Page for the purpose of this amendment.

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 LATE BID, LATE

MODIFICATIONS OF BIDS OR LATE WITHDRAWAL OF BIDS (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 07-Aug-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 W912DS24B0008

X 9B. DATED (SEE ITEM 11)

12-Jul-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 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

07-Aug-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:

W912DS24B0008

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:

SUMMARY OF CHANGES

AMENDMENT 0001

Maintenance Dredging of NY Harbor, Sandy Hook Channel

Federal Navigation Project Solicitation No. W912DS-24-B-0008

The purpose of this Amendment 0001 is to:

- Update the Project Magnitude Range to $1,000,000 and $5,000,000.

- Revise the Bid Schedule (Section 00 10 00) to update the period to exercise options. Period to exercise options have been updated from thirty-five (35) calendar days to five (5) calendar days from the date of receipt by the contractor of the Notice to Proceed.

- Upload additional documents onto SAM.gov as stated in Section 00 90 01 List of Documents, Exhibits, and Other Attachments.

- Respond to RFIs received by potential bidders and revise the technical specifications.

- Apply changes to the Technical Plans and Specifications to reflect RFI responses.

- Notify potential bidders that the Government will no longer respond to RFIs received after 07 August 2024.

The following attachments as stated in Section 00 90 01 List of Documents, Exhibits, And Other Attachments, were uploaded as additional documents into SAM.gov:

a. Attachment J SHC 2017 Grain Size Analysis Full Report

b. Attachment L 5348-60sort-ele

c. Section 00 90 01_Para 3.3_SBOBA Placement Site AD

Changes were made to the Bid Schedule (Section 00 10 00) and in the following locations:

Technical Specifications:

- Section 01 11 00 Summary of Work

- Section 35 20 23 Dredging

Plans:

- Sheet 2 of 3

RFI Responses:

Q1. Section 01 11 00_1.2.1 #4 states, “As per CLIN 0004 (NORTHEASTERN BEACH TIGER BEETLES SURVEY AND TRANSLOCATION EFFORTS), the contractor shall coordinate with USFWS, NPS and USACE to provide a qualified and approved northeastern beach tiger beetle expert to conduct the pre-dredge species survey, translocation efforts, and a post-translocation species survey.

Translocation efforts shall not proceed without the agreement of the USFWS, USACE, and NPS. Dredging shall not commence until USFWS has concurred with the completion of the northeastern beach tiger beetles conservation measure.”

This is an uncommon requirement and also requires approval of the 3 agencies above. We are not aware of any companies or non-government individuals that perform this work, nor could be sure they’d be approved by all 3 agencies if we found someone during the bid phase. Therefore, please provide a list of government approved northeastern beach tiger beetle experts, so contractors can be sure they are securing pricing from experts that will be allowed to perform the work.

A1. Please contact the U.S. Fish and Wildlife Service, New Jersey Field Office for government approved northeastern beach tiger beetle experts.

Q2. Section 01 11 00_1.2.1 states, “National Oceanic and Atmospheric Administration (NOAA) issued a no-dredge window for the most western shoal from 15 November to 31 December to protect winter flounder and blue crabs.”

Please define the western shoal and whether it is applicable to this project.

A2. The western shoal is historically located in the western portion of the Sandy Hook Channel, located along the southern channel toe between points P3 and N9. It is currently not applicable to this project’s scope of work and has been removed from the technical specs.

Q3. Section 35 20 23 1.2.5 states an environmental bucket is required for this project. This is a sand dredging project and cannot be performed with an environmental bucket. The permit also does not require an environmental bucket. Please revise or delete this section.

A3. Section 35 20 23 Paragraph 1.2.5 Environmental Bucket has been removed from the technical specifications.

Q4. This project requires removal of a spit of land that has encroached into the federal channel. As such, it requires a steep bank/face to be removed (see typical cross section on sheet VH-102). The material will fall to a natural slope and as it does, the channel may need to be re-dredged multiple times until the slope stops sloughing in. Currently, there is a 3:1 pay slope provided on the toe of the federal channel. However, it appears the 3:1 slope will only be paid if Option 2 is awarded. Please confirm a 3:1 pay slope will also be provided if only the Base is awarded or Base plus Option 1 is awarded.

A4. A 3:1 pay slope will also be provided if only the Basic Work is awarded or if Basic Work plus Option 1 is awarded. The “Typical Cross Section” on Sheet VH-102 has been revised for consistency.

Q5. Please confirm that any Cost Recovery Fee required by the NPS Special Use Permit is paid by USACE directly and is not the responsibility of the contractor.

A5. The Cost Recovery Fees for NPS law enforcement and biological monitoring staffing, as required by the NPS Special Use Permit, is paid by USACE directly and is not the responsibility of the contractor. However, the contractor is subject to any action/inaction within the NPS Special Use Permit, including any additional cost recovery fee needed if the event that coverage exceeds the stated 60 days.

Q6. When does USACE anticipate issuing the Notice of Award?

A6. USACE would like to issue contract award as early as practicable, anticipated in the August – September 2024 time frame but is subject to change at USACE’s discretion.

Q7. When does USACE anticipate issuing the Notice to Proceed?

A5. USACE would like to issue Notice to Proceed within fourteen (14) calendar days of the award date but is subject to change at USACE’s discretion.

Q8. Is the shoal being dredged under this contract the most western shoal?

A5. The western shoal is historically located in the western portion of the Sandy Hook Channel, located along the southern channel toe between points P3 and N9. It is currently not applicable to this project’s scope of work and has been removed from the technical specs.

Q9. Does USACE anticipate all dredging to be completed by November 14?

A5. The contractor shall complete basic work within 60 calendar days. If options are exercised, an additional calendar day for each 8,000 cubic yards to be removed under each option would be added to the period of performance. The no dredge environmental window occurs from 01 March to 31 August to protect spawning and migrating anadromous fish as per the NJDEP WQC.

SECTION 00 10 00 - SOLICITATION

The required performance has changed from Project Title: Maintenance Dredging of Sandy Hook , Federal Navigation Project1. 100% Unrestricted Full and Open Competition w ith HubZone Price Evaluation preference.2 .NAICS Code 237990, Size Standard $37,000,000.00.3. Project Magnitude Range: Between $10,000,000 and $25,000,000.4. Submit Bids no later than 2:00PM EST on 13 August 2024 to:U.S. Army Corps of EngineersNew York District, Contracting Division26 Federal Plaza, Room 16-300New York, NY 10278-0090Due to heightened security at U.S. Government installations, all Bidders are instructed to allow ample time to get through the securitycheckpoint in order to have their bids delivered before 2:00PM on the date of the bid opening.5. Contract Specialist is Denisse M. Soto, denisse.m.soto@usace.army.mil. to Project Title: Maintenance Dredging of Sandy Hook , Federal Navigation Project1. 100% Unrestricted Full and Open Competition w ith HubZone Price Evaluation preference.2 .NAICS Code 237990, Size Standard $37,000,000.00.3. Project Magnitude Range: Between $1,000,000 and $5,000,000.4. Submit Bids no later than 2:00PM EST on 13 August 2024 to:U.S. Army Corps of EngineersNew York District, Contracting Division26 Federal Plaza, Room 16-300New York, NY 10278-0090Due to heightened security at U.S. Government installations, all Bidders are instructed to allow ample time to get through the securitycheckpoint in order to have their bids delivered before 2:00PM on the date of the bid opening.5. Contract Specialist is Denisse M. Soto, denisse.m.soto@usace.army.mil..

CLIN 0005

The CLIN extended description has changed from:

Option 1- Dredging, Transportation and Placement of Dredged Material -Dredging of material except ledge rock to - 35 feet mean lower low water (MLLW) + 2 foot allowable overdepth from the New York Harbor, Sandy Hook Channel with Transportation and Placement of the dredged material at the Sea Bright Offshore Borrow Area (SBOBA) placement area identified in the plan drawing. ESTIMATED QUANTITY. The Government will have thirty-five (35) calendar days from the date of the receipt by the contractor of the notice to proceed to exercise the optional dredging areas.

To:

Option 1- Dredging, Transportation and Placement of Dredged Material -Dredging of material except ledge rock to - 35 feet mean lower low water (MLLW) + 2 foot allowable overdepth from the New York Harbor, Sandy Hook Channel with Transportation and Placement of the dredged material at the Sea Bright Offshore Borrow Area (SBOBA) placement area identified in the plan drawing. ESTIMATED QUANTITY. The Government will have five (5) calendar days from the date of the receipt by the contractor of the notice to proceed to exercise the optional dredging areas.

CLIN 0006

The CLIN extended description has changed from:

Option 2- Dredging, Transportation and Placement of Dredged Material- Dredging of material except ledge rock to - 35 feet mean lower low water (MLLW) + 2 foot allowable overdepth from the New York Harbor, Sandy Hook Channel with Transportation and Placement of the dredged material at the Sea Bright Offshore Borrow Area (SBOBA) placement area identified in the plan drawing. ESTIMATED QUANTITY. The Government will have thirty-five (35) calendar days from the date of the receipt by the contractor of the notice to proceed to exercise the optional dredging areas.

To:

Option 2- Dredging, Transportation and Placement of Dredged Material- Dredging of material except ledge rock to - 35 feet mean lower low water (MLLW) + 2 foot allowable overdepth from the New York Harbor, Sandy Hook Channel with Transportation and Placement of the dredged material at the Sea Bright Offshore Borrow Area (SBOBA) placement area identified in the plan drawing. ESTIMATED QUANTITY. The Government will have five (5) calendar days from the date of the receipt by the contractor of the notice to proceed to exercise the optional dredging areas.

The following have been modified:

NOTES TO BIDDERS

NOTES TO BIDDERS:

NOTE 1: Bidders must bid on all items. Failure to bid on all work will be cause for rejection of the bid as nonresponsive.

NOTE 2: Award of contract will be based on the responsible and responsive bidder with the lowest total price for the total of the CLINs 0001 through 0006.

NOTE 3: The unit price for CLINS 0002, 0005, and 0006 represent the cost per cubic yard for the removal of the estimated quantities of dredged material (all material except ledge rock above the plane of -35 feet Mean Lower Low Water, plus the respective allowable over-depth of 2 foot).

NOTE 4: All bidders are hereby advised that the execution of Options is subject to the availability of funds.

NOTE 5: Execution of an Option is at the discretion of the Government. Any Option may be exercised within five (5) calendar days of receipt by the contractor of the Notice to Proceed (Basic Work). If exercised, the options listed above shall be exercised in the order that is listed. Option 2 shall not be executed without the execution of Option 1.

NOTE 6: All bidders are hereby advised that the estimated dredge quantities for placement in the price schedule are estimated and based on the survey data collected on 19, 20 September 2023.

NOTE 5: The Government may reject a bid as non–responsive if the prices bid are materially unbalanced between line items and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Government even though it may be the low bid.

NOTE 6: 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 may render the proposal non-responsive and may be cause for its rejection.

NOTE 7: All bidders are hereby advised that the contractor is to complete the entire basic work ready for use, not later than sixty (60) calendar days after the date the Contractor receives the Notice to Proceed.

Should any option(s) be exercised, an additional one (1) calendar day for each 8,000 cubic yards to be removed under the option(s) will be allowed. The time stated for completion shall include final cleanup of the premises

(End of Summary of Changes)