B.08.03+Amendment+04.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

1. Revise and reissue clauses 52.211-12 liquidated damages

2. Answer Questions from prospective bidders for informational purposes only

Offeror must acknow ledge receipt of this amendment by the date specified in the proposal (or as amended) by one of the follow ing methods: in the space provided on 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 OFFER IN ACCORDANCE WITH THE

SUBMISSION, MODIFICATION, REVISION, AND WITHDRAWAL OF PROPOSALS (FAR 15.208).

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.

1. CONTRACT ID CODE PAGE OF PAGES

1 4

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

16C. DATE SIGNED

BY

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 W912DS24B0017

X 9B. DATED (SEE ITEM 11)

03-Jun-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 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

05-Jul-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:

W912DS-24-B-0017

Amendment No. 4

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:

-None

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 SPECIFICATIONS:

1- Specifications

a. N/A

LIQUIDATED DAMAGES:

Revise Clause

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $4,783.00 Per Day for each calendar day of delay until the work is completed or accepted.

This amount is the “first tier” demurrage based upon costs incurred in administration of the contract past the completion date. This amount does not include any liquidated damages for each day of delay that would accrue to the using service from exclusion of beneficial use.

The “second tier” demurrage shall be assessed at the rate calculated below in the event the contractor fails to complete documented punch list items after the date of beneficial use:

$1,1960.00 Per Day

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

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.)

Bidder Inquiry 01: Amendment 2 states that a debris bid item has been added. The bid schedule does not include a debris bid item. Please add Bid Item for Debris Removal.

Government Response: Please see amendment 3.

Bidder Inquiry 02: 01 20 00 states that the Debris CLIN will be lump sum. Please make this CLIN paid by short ton, as quantity is greatly unknown.

Government Response: Compared to the expected cost of this contract, Debris Removal is a minimal cost and will remain a lump sum bid item.

Bidder Inquiry 03: Please define Contract Work, Substantial Completion and Designated Completion. Where do the non-dredging shoreside scope bid items fall into these definitions and dates?

Government Response: Per FAR 52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000) and Liquidated Damages memo:

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $4,783.00 Per Day for each calendar day of delay until the work is completed or accepted.

This amount is the “first tier” demurrage based upon costs incurred in administration of the contract past the completion date. This amount does not include any liquidated damages for each day of delay that would accrue to the using service from exclusion of beneficial use.

The “second tier” demurrage shall be assessed at the rate calculated below in the event the contractor fails to complete documented punch list items after the date of beneficial use:

$1,1960.00 Per Day

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

Bidder Inquiry 03: Section 01 14 00 states dredging must be completed within 180 days of NTP and Section 01 11 00 states contractors must complete entire work for use not later than 502 days. Please provide scope of work (Bid Items) associated with each duration. Note that the NPS permit expires prior to 502-day limit.

Government Response: Coordination regarding SUP in progress. Response to be provided at a later date.

Bidder Inquiry 04: Please define Contract Work, Substantial Completion and Designated Completion. Where do the non-dredging shoreside scope bid items fall into these definitions and dates?

Government Response: Contract work is everything prescribed in the plans and specifications; Substantial/Designated Completion is when everything is provided to the government so that the project can function as it is intended to with the exception of minor punch list items.

Bidder Inquiry 05: Please clarify Tier 1 and Tier 2 LD’s as they relate to Substantial Completion and Designated Completion.

Government Response: Tier 1 is from CCD until Substantial Completion. Tier 2 begins 30 days after Substantial Completion until all work and deliverables are completed.

Bidder Inquiry 06: Please provide photos of the existing Vehicular Crossovers and scope of work for the repair, so all bidders understand the scope the same.

Government Response: Bidders may visit the site to observe existing conditions. Area in question is visible from public areas.

Bidder Inquiry 07: Please confirm that the Sept 1, 2024 – Nov 30, 2024 Sturgeon window does not apply to this project.

Government Response: Confirm that sturgeon window does not apply in 2024.

Exception applies to 2024 only.

Bidder Inquiry 08: The new NPS Permit is valid through March 31, 2025. Section 01 11 00 includes 502 days to complete entire work (Winter 2025/2026). Please clarify how the 502 days relates to the NPS permit restrictions.

Government Response: Please see Government Response to Bidder Inquiry #3.

Bidder Inquiry 09: Please reconsider “natural material” as not part of this requirement.

Alternatively, will the Government partner with the Contractor to develop mutually acceptable solution?

Government Response: Bidders shall plan to satisfy the contract as it is written.

Bidder Inquiry 10: Section 01 50 00 requires contractors to provide facilities within the construction area for the Government. Standard practice is for contractors to provide an office for the Government nearby, not on Fire Island. Does the Government require an additional facility on the beach in the construction zone (i.e. office trailer)? Note that the NPS permit has limitations on equipment numbers.

Government Response: Project Field Office will be coordinated with the COR after NTP in a manner to facilitate the government’s responsibility to administer the contract.