Amendment 2 W912DS24B0009.pdf

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Attached to
Maintenance Dredging of Newark Bay, New Jersey, Federal Navigation Project
Solicitation number
W912DS24B0009
Issued by

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This document is an amendment to Solicitation W912DS24B0009 for Maintenance Dredging of Newark Bay, New Jersey, Federal Navigation Project. The amendment provides responses to Requests for Information, specifying that no further requests will be accepted. The government anticipates issuing a contract award in the August-September timeframe and a Notice to Proceed in the September-October timeframe, although these dates are subject to change. The contract is for a 57-day base period of performance, with an optional 58-day period if exercised. The amendment addresses concerns raised about the broad performance period specified in the original solicitation, noting that this could impact full and open competition. The government indicates it will provide a more specific Notice to Proceed date to allow contractors to better schedule their resources and participate in multiple dredging projects in the region.

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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. Answ er Requests for Information. ***No other Requests for Information w ill be accepted.***

NOTE: Bidders must acknow ledge receipt of this amendment by date specif ied 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 THE LATE BID, LATE MODIFICATION OF BID, OR LATE

WITHDRAWAL OF BID (FAR 14.304).

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

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

16C. DATE SIGNED

BY 13-Jun-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 W912DS24B0009

X 9B. DATED (SEE ITEM 11)

21-May-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

13-Jun-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:

W912DS24B0009

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION

The following have been added by full text:

AMENDMENT 2

1. When does USACE anticipate the date of award?

A1: The Government would like to issue contract award as early as practicable, anticipated in the August- September timeframe but is subject to change at the government’s discretion.

2. Specification section 01 11 00 (Summary of Work) states; “The work is anticipated to be performed within the approximate time period of August 2024 - February 2025.” This represents a span of 7 months for a bid that is a 57-day project (plus 58 days if the option is awarded). The USACE NY District has/is issuing multiple dredging projects that all have ambiguous performance periods. By not providing explicit detail on the required performance period, the USACE NY District is inadvertently not providing for Full and Open Competition as required by FARS Part 6.0. A single contractor could perform more than one of the projects, but with the lack of detail for the performance period, a responsible contractor should only assume they can perform one of the projects. As increased competition provides better pricing to the government, the lack of a more specific Notice-to-Proceed date unduly restricts the very competition that the FARS Clause 6 was written to provide the government.

• Please provide a specific Notice-to-Proceed date, so that contractors can appropriately schedule their equipment and participate in multiple NY District dredging bids, thus providing for Increased, Full and Open Competition with the maximum level of bidder participation.

A2: The Government would like to issue Notice to Proceed as early as practicable, anticipated in the September-October timeframe but is subject to change at the government’s discretion.

***No other Requests for Information will be accepted.***

(End of Summary of Changes)

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