B.08.03 Amendment 04.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

See Continuation Page for the purpose of this amendment.

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).

1. CONTRACT ID CODE PAGE OF PAGES

J 1 8

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 W912DS24B0021

X 9B. DATED (SEE ITEM 11)

02-Aug-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.0004

5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

09-Sep-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:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION

The required response date/time has changed from 12-Sep-2024 02:00 PM to 17-Sep-2024 02:00 PM.

The required performance has changed to:

Project Title: Fire Island Inlet to Montauk Point (FIMP) – Contract 4: Westhampton and CupsogueBay Side CPF, Fire Island, New York.

1. 100% Unrestricted Full and Open Competition with HUBZone Price Evaluation Preference.

2. NAICS Code 237990, Size Standard $37,000,000.00.

3. Project Magnitude Range: Between $25,000,000 and $100,000,000.

4. Submit Bids no later than 2:00PM EST on 17 September 2024 U.S. Army Corps of Engineers New York District, Contracting Division 26 Federal Plaza, Room 16-300 New York, NY 10278-0090 Due to heightened security at U.S. Government installations, all Bidders are instructed to allow ample time to get through security checkpoint in order to have their bids delivered before 2:00PM on the date of the bid opening.

5. Contract Specialist is Michael McCue, michael.l.mccue@usace.army.mil.

A PROJECT LABOR AGREEMENT MUST BE SUBMITTED BY THE APPARENT SUCCESSFUL OFFEROR

AFTER BID OPENING AND PRIOR TO CONTRACT AWARD! This project is subject to the Project Labor Agreement (PLA) requirements of Executive Order 14063. See FAR provision 52.222-33, Alt 1, Notice of Requirement for Project Labor Agreement, and clause 52.222-34, Project Labor Agreement, for definitions and requirements pertaining to the use of a PLA for this contract..

CLIN 0005

The CLIN extended description has changed from:

Option 1 - CPF Cupsogue Bayside(Estimated Quantities)Option may be awarded within 90 calendar days from issuance of the Notice to Proceed (NTP)

To:

Option 1 - CPF Cupsogue Bayside(Estimated Quantities)Option may be awarded within 60 calendar days from issuance of the Notice to Proceed (NTP)

The following have been modified:

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 0004 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 work must be completed by March 30, 2025 due to environmental restrictions.

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

9. Optional item 0005, if awarded, will be awarded within 60 calendar days from issuance of the Notice to

Proceed (NTP). No additional time will be added for exercised options.

10. The amount bid will be the maximum amount payable for optional item 0006, “Option 2 – Additional

Insurance”. Actual payment for this item will be based on actual costs up to bid amount.

SECTION 00 21 13 - INSTRUCTIONS TO BIDDERS

The following have been modified:

CPARS

The Federal Acquisition Regulation (FAR) requires that Past Performance Information (PPI) be collected on DoD contracts. The Contractor Performance Assessment Reporting System (CPARS) is a web enabled application the supports the completion, distribution and retrieval of all contract performance evaluations.

Contractor Representative are responsible for reviewing and commenting on evaluations submitted on the Contractor Performance Assessment Reporting System (CPARS) website at https://www.cpars.gov/index.htm.

NOTICE REGARDING BID BONDS, PEFORMANCE BONDS, AND PAYMENT BONDS

The Standard Forms (SF24, SF25, and SF25A) for these bonds have been revised as of October 2023. When including your bid/offer, contractors/sureties shall use the revised versions. No other version will be valid and thus may render your bid/offer nonresponsive.

BID SUBMISSION REQUIREMENTS

Contractors are required to deliver Bids to 26 Federal Plaza room 16-300 the designated recipient of bids is Nicholas Emanuel (917)790-8069. Bids are due no later than 17 September 2024 at 2:00 P.M. Bid opening will happen on 17 September 2024 at 2:00 P.M. EST

The government will not be responsible for submissions delivered to any location or to anyone other than those designated to receive proposals. Offerors are responsible for ensuring that Bids are submitted so as to reach the designated recipient and designated location. Offerors are responsible for allowing sufficient time for the bids to be received in accordance with the instructions provided.

Bidders may attend the opening of bids or call in to the following teleconference line:

Call number +1-844-800-2712 US Toll Free +1-669-234-1177 US Toll Access code: 199 476 8533 Bidder must keep their phone on mute as to not disrupt the reader. Please limit the amount of company employees calling into the line so that the line does not disconnect.

The abstract of bids will be posted to the Beta.Sam website.

ADDITIONAL INSTRUCTIONS

Potential Bidders are reminded that only the minimum documents are required for bid submission:

1. Signed 1442.

2. Acknowledged amendments.

3. Filled out bid schedule and totals.

4. Bid Guarantee.

5. Bidders must check off box (d) in 52.204-8 Annual Representations and

Certifications (DEC 2019) for being on SAM.gov

AT-OPSEC REQUIREMENTS

Pre-screen Candidates Using E-Verify Program – The Contractor must pre-screen Candidates using the E-Verify Program (http://www.uscis.gov/e-verify) website to meet the established employment

W912DS24B0021

eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-Verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

BONDS

The Standard Forms (SF24, SF25, and SF25A) for these bonds have been revised as of October 2023.

When including your bid/offer, contractors/sureties shall use the revised versions. No other version will be valid and thus may render your bid/offer nonresponsive.

SECTION 00 73 00 - SUPPLEMENTARY CONDITIONS

The following have been added by full text:

AMENDMENT 04

W912DS-24-B-0021

Amendment No. 4

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

DRAWINGS

1. The following DRAWINGS have been ADDED are provided in their entirety herein:

- None

2. The following DRAWINGS have been DELETED in their entirety:

- None

2. The following DRAWINGS have been REVISED and REISSUED:

- 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:

- 00 10 00

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

REVISED PLANS & SPECIFICATIONS:

1- Specifications –

a. Section 00 10 00 – changed Note 9 – Optional Item 005, if awarded, will be awarded within

60 days (previously 90).

2- Plans - NONE

BIDDER’S QUESTIONS AND GOVERNMENT REPLY

Please note that the Government may, but is not obligated to, respond to RFIs sent by contractors after 10 September 2024, 11:59pm EST. RFIs are to be submitted to point(s) of contact listed on the solicitation.

Bidder Inquiry 01: Regarding a pipeline route for CPF Cupsogue Bayside, could the contractor land the pipeline on the ocean-facing (southern) side of Cupsogue Beach, and run the pipeline to the Bayside through one of the driving or walking accesses?

Government Response: Pipeline crossing would need to be coordinated with the property owner. All features would have to be restored to preexisting conditions.

Bidder Inquiry 02: If the pipeline crossed from the ocean-facing side to the Bayside of Cupsogue Beach, could sand fence be temporarily removed to accommodate the pipeline during the project duration and restored after project completion?

Government Response: Pipeline crossing would need to be coordinated with the property owner. All features would have to be restored to preexisting conditions.

Bidder Inquiry 03: On the plans, Sheet ID C-501, it states “Plant dune grass on new dune construction only”. That page also states that sand fence going around those new plants. Since this contract’s template only has berm and slope fill, and no dune fill, is it accurate that the Contractor will not be required to plant dune grass or install sand fence under this contract?

Government Response: Based on most recent surveys taken, dune is not an expected part of the template. As a result, no dune grass or sand fence are currently reflected. Updated surveys ahead of construction start may indicate different existing conditions.

Bidder Inquiry 04: The included Water Quality Certificate states that “To protect spawning shellfish and finfish including winter flounder, dredging and in-water work in Moriches Bay is specifically prohibited between January 1 to September 30 inclusive of each calendar year.”

Please clarify if the beachfill work at the Cupsogue CPF is considered to be in Moriches Bay and thus prohibited between January 1 and September 30.

Government Response: Please note there is no restriction for mobilization/demobilization on land. Restriction is in-water work only. The current windows prohibit dredging from starting before November 30 (sturgeon) and before January 1 to September 30 (winter flounder). A WQC modification has been requested and granted to allow work until 1 February 2025. In accordance with the Uniform Procedures Regulations (6NYCRR Part 621), the dredging and in-water work in Moriches Bay needed to complete the Cupsogue CPF are authorized on a one-time-only basis to February 1, 2025 inclusive. Please see WQC and modifications (to be issued in the following amendment) for details.

Bidder Inquiry 05: The included Water Quality Certificate also states that “Dredging is specifically prohibited between May 1 to June 30 inclusive, and September 1 to November 30 inclusive, of each calendar year to protect Atlantic sturgeon.”

If this is the case and beachfill work is also prohibited at Cupsogue CPF between January 1 and September 30, that means that Contractors may only work at the Cupsogue CPF in the month of

December. This is an inadequate amount of time to mobilize, complete beachfill operations at Cupsogue CPF, and demobilize. Furthermore, the Governments window of 90 days to exercise the option item may well be past the allowable work window.

Please clarify the Government’s understanding of the work windows and timing of the Cupsogue CPF work.

Government Response: Please note there is no restriction for mobilization/demobilization on land. Restriction is in-water work only. The current windows prohibit dredging from starting before November 30 (sturgeon) and before January 1 to September 30 (winter flounder). A WQC modification has been requested and granted to allow work until 1 February 2025. In accordance with the Uniform Procedures Regulations (6NYCRR Part 621), the dredging and in-water work in Moriches Bay needed to complete the Cupsogue CPF are authorized on a one-time-only basis to February 1, 2025 inclusive. Please see WQC and modifications (to be issued in the following amendment) for details.

Bidder Inquiry 06: The Water Quality Certificate states: “Prior to sand placement activities if there is visible quarry stone on the beach in the area near Groin 15, that stone must be removed from the beach and disposed of properly.”

Please advise the location of Groin 15 and advise if there is visible quarry stone that must be removed from the beach.

If quarry stone must be removed, please quantify the amount of quarry stone to be removed and add an appropriate CLIN to the bid form.

Government Response: Please use Debris Removal CLIN (CLIN 003) for quarry stone removal.

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

Bidder Inquiry 07: Please confirm that the paid beachfill tolerance shall be +1’ at the base bid Westhampton and Cupsogue beaches, and +6” at the option Cupsogue CPF.

Government Response: This matches the design files as provided.

Bidder Inquiry 08: Please advise if Contractors are allowed to traverse the entirety of the beach between Monuments R-2 and R-17 with their equipment in order to access the beachfill locations.

Government Response: Contractors are responsible for attaining any permits necessary to perform the work.

Bidder Inquiry 09: SECTION 01 50 00, Page 10, Paragraph 3.6.5 states: “The color of dumpsters, trailers, and storage sheds and portable latrines must be approved by the Contracting Officer.”

Please advise the allowable colors for dumpsters, trailers, etc. for the project.

Government Response: Colors will be approved by Contracting Officer in coordination with local requirements. Please see revised specification.

Bidder Inquiry 10: SECTION 31 24 00.00 18, Page 11, Paragraph 3.5 states: “A minimum of one hour's notice must be furnished by the Contractor to the Contracting Officer, or his representative, and concurrently to the municipal or local agency responsible for beach operations prior to a barge coming on shore between the hours of 9 AM and 7 PM. Barges will not be allowed to come on shore on weekends or State holidays between the hours 9 AM and 7 PM. At no time will a barge be allowed to come on shore in an area other than the immediate work area.”

We respectfully request that Contractors are allowed to conduct barge operations 24/7 in order to construct the project efficiently.

Government Response: All activities must have an associated Safety Plan and Activity Hazard Analysis approved by USACE before the start of work. Please see revised specifications for changes.

Bidder Inquiry 11: Plan Drawing C 501 shows Dune Grass Planting Detail and Sand Fence Detail.

Please advise if any Dune Grass Planting or Sand Fence installation is required for this project.

If so, please quantify the amounts of dune grass/sand fence and add appropriate CLINs for those items.

Government Response: See response to Bidder Inquiry 3.

Bidder Inquiry 12: Are Contractors allowed to temporarily remove the barriers at the assigned staging areas to access the beachfill locations so long as they are re-installed at project completion?

Government Response: Contractor is responsible for coordination with the property owner for any work. All features would have to be restored to preexisting conditions.

Bidder Inquiry 13: Please advise if any privately owned sand fencing shall also be considered as “debris” to be removed by the Contractor.

Government Response: Anything in the work zone that interferes with progression of work is considered debris.

Bidder Inquiry 14: Section 31 24 00.00 18 Paragraph 2.1 Character of Materials states “Rock, rubble, or any debris larger than two (2) inches in diameter which is excavated and placed on the beach will be removed by the Contractor, totally at his own cost. If the Contractor fails to remove the rock, rubble, or any other debris, such material may be removed by the Government and the cost of such removal may be deducted from the money due, or to become due to the Contractor or may be recovered under his bond.”

The Borrow Area is provided by the Government. Minimal material sampling has been provided. Materials dredged from this Borrow Area are not required to be screened for 2” material. Other than trash and debris, dredging of shell, gravel, rock or boulders could be encountered and placed on the beach within template.

The Contractor cannot be expected to pick up or screen the entire beach to remove natural material greater than 2 inches. We request this language be revised to not include “natural material” such as shell or rock.

Government Response: Contract language will not change to reflect this inquiry. This amendment does include a clarification. Please see revised specification for language change.

(End of Summary of Changes)