Amendment 0001.pdf
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- Solicitation number
- W912DS26BA024
About this file
This is Amendment 0001 to solicitation W912DS26BA024 issued by the U.S. Army Corps of Engineers, New York District. The amendment is effective August 11, 2026, and addresses the Seabright to Manasquan, New Jersey FY 26 Renourishment project. The bid opening date remains August 25, 2026, at 2:00 P.M. EST, with bids to be submitted to the Contracting Division at 26 Federal Plaza, Room 16-300, New York, NY 10278-0090, addressed to Orlando Nieves and Nicholas P. Emanuel. Bidders must acknowledge receipt of this amendment by the specified bid date using one of the following methods: completing items 8 and 15 on the SF 1442 form, acknowledging receipt on each copy of the offer submitted, or submitting a separate letter or electronic communication referencing the solicitation and amendment numbers. Failure to acknowledge the amendment may result in bid rejection.
The amendment incorporates two FAR clauses into the solicitation: FAR 52.233-1 (Disputes) and FAR 52.249-2 (Termination for Convenience of the Government—Fixed-Price). The Disputes clause establishes the procedures for resolving contract disputes, including claim submission timelines (within six years of accrual for claims under $100,000 and requiring certification for claims exceeding $100,000) and the Contracting Officer's decision-making authority. The Termination for Convenience clause outlines the Government's right to terminate performance in whole or in part, contractor obligations upon termination notice, inventory submission requirements (within 120 days), and payment procedures including allowances for reasonable profit on completed work. The amendment also responds to bidder inquiries regarding clause inclusions, bid submission procedures (confirming PIEE is not authorized), and the process for submitting technical inquiries via email, with all timely questions and approved answers to be posted on sam.gov. No drawings or specifications were revised, added, or deleted by this amendment.
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11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.
Offers 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 theoffer submitted;
or (c) By separate letter or electronic communication 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 letter or electronic communication, provided each letter or electronic communication 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 NUMBER AS DESCRIBED IN ITEM 14.
CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER
NUMBER IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, 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.)
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) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
15B. CONTRACTOR/OFFEROR
(Signature of person authorized to sign)
15C. DATE SIGNED 16B. UNITED STATES OF AMERICA
(Signature of Contracting Officer)
16C. DATE SIGNED
Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES
2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)
6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE
8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NUMBER
9B. DATED (SEE ITEM 11)
10A. MODIFICATION OF CONTRACT/ORDER NUMBE
10B. DATED (SEE ITEM 13)
CODE FACILITY CODE
J 1 15
0001 11 AUG 2026 A045648
W912DS
W2SD ENDIST NEW YORK
KO CONTRACTING DIVISION, 26 FEDERAL PLAZA ROOM 16 300
NEW YORK, NY 10278-0004
UNITED STATES
ORLANDO NIEVES, EMAIL: ORLANDO.NIEVES@USACE.ARMY.MIL TELEPHONE:
(917) 790-8078
SCD: PAS:
W912DS26BA024
22 JUL 2026
SEE SECTION G - CONTRACT ADMINISTRATION DATA
See Schedule
MATTHEW LUBIAK
11 AUG 2026
SECTION SF 30 BLOCK 14 CONTINUATION PAGE
SUMMARY OF CHANGES
The purpose of this Amendment 0001: Block 14 (Description of Amendment/Modification):
1) Bid opening remains Aug 25, 2026 @ 2:00 P.M. EST
2) Incorporate FAR Clauses 52.233-1 and 52.249-2.
3) Respond to Bidder Request for information. For information Only.
NOTE: Bidders must acknowledge receipt of this amendment by date specified in the bid (or as amended) by one of the following 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)
Section 01 00 00 - General Requirements
Miscellaneous text in this section has been added to:
Seabright to Manasquan, New Jersey FY 26 Renourishment
W912DS26BA024
Amendment 0001
TO BIDDERS:
The following changes shall be made to the drawings and specifications.
W912DS26BA0240001
DRAWINGS:
1. The following DRAWINGS have been andREVISED REISSUED:
None
2. The following DRAWINGS have been but :REVISED NOT REISSUED
3. The following DRAWINGS have been :ADDED
4. The following DRAWINGS have been DELETED:
None SPECIFICATIONS:
1. The following SPECIFICATIONS have been andREVISED REISSUED:
2. The following SPECIFICATIONS have been but :REVISED NOT REISSUED
3. The following SPECIFICATIONS have been ADDED:
4. The following SPECIFICATIONS have been DELETED:
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.)
Question 1: Pursuant to 42.1005, FAR 52.242-14 Suspension of Work should be included in solicitations and contracts when a fixed-price construction or architect-engineer contract is contemplated. Please confirm and modify the contract documents to provide that FAR 52.242-14 Suspension of Work is included in this contract.
Response 1: FAR Clause 52.242-14 Suspension is Work is included in the solicitation - Section 00 70 00 - Conditions of the Contract.
Question 2: Are bids to be delivered in person or will the government be using PIEE?
Response 2: All bids shall be submitted to U.S. Army Corps of Engineers, New York District, Contracting Division, 26 Federal Plaza, Room 16-300, New York N.Y. 10278-0090. Att: Orlando.Nieves@usace.army.mil and Nicholas.p.
emanuel@usace.army.mil Bids shall be delivered before 2:00 PM EST on the date of the bid opening. PIEE is not authorized.
Question 3: After review of the contract documents for W912DS26BA024 - Sea Bright to Manasquan, New Jersey, no information was identified on how to submit formal inquiries pertaining to the contract plans and specifications. Please advise on the appropriate procedure for submitting such inquiries.
Response 3: BIDDER INQUIRIES. Please submit technical inquiries and questions relating to this solicitation via email to Orlando.Nieves@usace.army.mil and Nicholas.p.Emanuel@usace.army.mil. The Government reserves the right to award this contract based on the initial bid, as received, without discussions. A prospective vendor who submits a comment or question will receive an acknowledgement via e-mail, followed by an answer after it has been processed by our technical team. All timely questions and approved answers will be made available through an amendment which will be posted on sam.gov.
Question 4: Please confirm FAR 52.233-1 Disputes is included in this contract and, if so, please modify the contract documents
Response 4: FAR 52.233-1 has been incorporated into the solicitation.
52.233-1 Disputes.
As prescribed in 33.215 , insert the following clause:
Disputes (May 2014)
(a) This contract is subject to 41 U.S.C chapter 71, Contract Disputes.
(b) Except as provided in 41 U.S.C chapter 71, all disputes arising under or relating to this contract be resolved shall under this clause.
(c) " ," as used in this clause, means a written demand or written assertion by one of the partiesClaim contracting seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a under 41 U.S.C chapter 71 until certified. claim A voucher, , or other routine request for payment that is not in dispute when submitted is not a under 41 invoice claim U.S.C chapter 71. The submission be converted to a under 41 U.S.C chapter 71, by complying with the may claim submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.
(d)
(1) A by the Contractor be made and, unless otherwise stated in this contract, submitted within 6 claim shall in writing years after accrual of the to the for a written decision. A by the Government against the claim Contracting Officer claim Contractor be subject to a written decision by the .shall Contracting Officer
(2)
(i) The Contractor provide the certification specified in paragraph (d)(2)(iii) of this clause when submitting any shall exceeding $100,000.claim
(ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a .claim
(iii) The certification state as follows: "I certify that the is made in good faith; that the supporting data are shall claim accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am authorized to certify the on behalf of the Contractor."claim
(3) The certification be executed by any person authorized to bind the Contractor with respect to the .may claim
(e) For Contractor of $100,000 or less, the , if requested by the Contractor, claims Contracting Officer must in writing render a decision within 60 days of the request. For Contractor-certified over $100,000, the claims Contracting Officer
, within 60 days, decide the or notify the Contractor of the date by which the decision will be made.must claim
(f) The 's decision be final unless the Contractor appeals or files a suit as provided in 41 U.S.C Contracting Officer shall chapter 71.
(g) If the by the Contractor is submitted to the or a by the Government is presented to claim Contracting Officer claim the Contractor, the parties, by mutual consent, agree to use alternative dispute resolution (ADR). If the Contractor may refuses an for ADR, the Contractor inform the , , of the Contractor's specific offer shall Contracting Officer in writing reasons for rejecting the .offer
(h) The Government pay interest on the amount found due and unpaid from (1) the date that the shall Contracting receives the (certified, if required); or (2) the date that payment otherwise would be due, if that date is Officer claim later, until the date of payment. With regard to having defective certifications, as defined in FAR claims 33.201, interest be paid from the date that the initially receives the . Simple interest on beshall Contracting Officer claim claims shall paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the receives the and then at the rate applicable for each 6-month period as fixed by Contracting Officer claim the Treasury Secretary during the pendency of the .claim
(i) The Contractor proceed diligently with performance of this contract, pending final resolution of any request for shall relief, , appeal, or action arising under the contract, and comply with any decision of the .claim Contracting Officer
(End of clause)
Question 5: Pursuant to 49.502 (b)(1)(i), FAR 52.249-2 Termination for Convenience of the Government (Fixed- Price), should be included when a fixed-price contract is contemplated and the contract amount is expected to exceed the simplified acquisition threshold. Please confirm and modify the contract documents to provide that FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price) is included in this contract.
Response 5: FAR Clause 52.249-2 is incorporated into the solicitation.
52.249-2 Termination for Convenience of the Government (Fixed-Price).
As prescribed in 49.502 (b)(1)(i), insert the following clause:
Termination for Convenience of the Government (Fixed-Price) (Apr 2012)
(a) The Government terminate performance of work under this contract in whole or, from time to time, in part if the may determines that a termination is in the Government's interest. The Contracting Officer Contracting Officer shall terminate by delivering to the Contractor a Notice of Termination specifying the extent of termination and the effective date.
(b) After receipt of a Notice of Termination, and except as directed by the , the Contractor Contracting Officer shall immediately proceed with the following obligations, regardless of any delay in determining or adjusting any amounts due under this clause:
(1) Stop work as specified in the notice.
(2) Place no further subcontracts or orders (referred to as subcontracts in this clause) for materials, services, or facilities, except as necessary to complete the .continued portion of the contract
(3) Terminate all subcontracts to the extent they relate to the work terminated.
(4) Assign to the Government, as directed by the , all right, title, and interest of the Contractor under Contracting Officer the subcontracts terminated, in which case the Government have the right to settle or to pay any termination shall settlement proposal arising out of those terminations.
(5) With approval or ratification to the extent required by the , settle all outstanding liabilities and Contracting Officer termination settlement proposals arising from the termination of subcontracts; the approval or ratification will be final for purposes of this clause.
(6) As directed by the , transfer title and deliver to the Government-Contracting Officer
(i) The fabricated or unfabricated parts, work in process, completed work, , and other material produced or supplies acquired for the work terminated; and
(ii) The completed or partially completed plans, drawings, information, and other property that, if the contract had been completed, would be required to be furnished to the Government.
(7) Complete performance of the work not terminated.
(8) Take any action that be necessary, or that the direct, for the protection and may Contracting Officer may preservation of the property related to this contract that is in the possession of the Contractor and in which the Government has or acquire an interest.may
(9) Use its best efforts to sell, as directed or authorized by the , any property of the types referred to Contracting Officer in paragraph (b)(6) of this clause; , however, that the Contractor (i)is not required to extend credit to any provided purchaser and (ii) acquire the property under the conditions prescribed by, and at prices approved by, the may
. The proceeds of any transfer or disposition will be applied to reduce any payments to be made by Contracting Officer the Government under this contract, credited to the price or cost of the work, or paid in any other manner directed by the .Contracting Officer
(c) The Contractor submit complete schedules no later than 120 days from the shall termination inventory effective , unless extended by the upon written request of the Contractor within date of termination in writing Contracting Officer this 120- period.day
(d) After expiration of the plant clearance period as defined in Subpart 49.001 of the Federal Regulation,Acquisition the Contractor submit to the a list, certified as to quantity and quality, of may Contracting Officer termination inventory not previously disposed of, excluding items authorized for disposition by the . The Contractor Contracting Officer may request the Government to remove those items or enter into an agreement for their storage. Within 15 days, the Government will accept title to those items and remove them or enter into a storage agreement. The Contracting verify the list upon removal of the items, or if stored, within 45 days from submission of the list, and Officer may shall correct the list, as necessary, before final settlement.
(e) After termination, the Contractor submit a final termination settlement proposal to the inshall Contracting Officer the form and with the certification prescribed by the . The Contractor submit the proposal Contracting Officer shall promptly, but no later than 1 year from the , unless extended by the effective date of termination in writing Contracting upon written request of the Contractor within this 1-year period. However, if the determinesOfficer Contracting Officer that the facts justify it, a termination settlement proposal be received and acted on after 1 year or any extension. If may the Contractor fails to submit the proposal within the time allowed, the determine, on the basis Contracting Officer may of information available, the amount, if any, due the Contractor because of the termination and pay the amount shall determined.
(f) Subject to paragraph (e) of this clause, the Contractor and the agree upon the whole or any Contracting Officer may part of the amount to be paid or remaining to be paid because of the termination. The amount include a may reasonable allowance for profit on work done. However, the agreed amount, whether under this paragraph (f) or paragraph (g) of this clause, exclusive of costs shown in paragraph (g)(3) of this clause, not exceed the total may contract price as reduced by (1) the amount of payments previously made and (2) the contract price of work not terminated. The contract be modified, and the Contractor paid the agreed amount. Paragraph (g) of this clause shall not limit, restrict, or affect the amount that be agreed upon to be paid under this paragraph.shall may
(g) If the Contractor and the fail to agree on the whole amount to be paid because of the Contracting Officer termination of work, the pay the Contractor the amounts determined by the Contracting Officer shall Contracting Officer as follows, but without duplication of any amounts agreed on under paragraph (f) of this clause:
(1) The contract price for completed or services accepted by the Government (or sold or acquired under supplies paragraph (b)(9) of this clause) not previously paid for, adjusted for any saving of and other charges.freight
(2) The total of-
(i) The costs incurred in the performance of the work terminated, including initial costs and preparatory expense allocable thereto, but excluding any costs attributable to or services paid or to be paid under paragraph (g)(1) supplies of this clause;
(ii) The cost of settling and paying termination settlement proposals under terminated subcontracts that are properly chargeable to the if not included in subdivision (g)(2)(i) of this clause; andterminated portion of the contract
(iii) A sum, as profit on subdivision (g)(2)(i) of this clause, determined by the under Contracting Officer 49.202 of the Federal Regulation, in effect on the date of this contract, to be fair and reasonable; however, if it appears Acquisition that the Contractor would have sustained a loss on the entire contract had it been completed, the Contracting Officer allow no profit under this subdivision (g)(2)(iii) and reduce the settlement to reflect the indicated rate of loss.shall shall
(3) The reasonable costs of settlement of the work terminated, including-
(i) Accounting, legal, clerical, and other expenses reasonably necessary for the preparation of termination settlement proposals and supporting data;
(ii) The termination and settlement of subcontracts (excluding the amounts of such settlements); and
(iii) Storage, transportation, and other costs incurred, reasonably necessary for the preservation, protection, or disposition of the .termination inventory
(h) Except for normal spoilage, and except to the extent that the Government expressly assumed the risk of loss, the exclude from the amounts payable to the Contractor under paragraph (g) of this clause, the Contracting Officer shall fair value as determined by the , for the loss of the Government property.Contracting Officer
(i) The cost principles and procedures of part 31 of the Federal Regulation, in effect on the date of this Acquisition contract, govern all costs claimed, agreed to, or determined under this clause.shall
(j) The Contractor have the right of appeal, under the Disputes clause, from any determination made by the shall under paragraph (e), (g), or (l) of this clause, except that if the Contractor failed to submit the Contracting Officer termination settlement proposal or request for equitable adjustment within the time provided in paragraph (e) or (l), respectively, and failed to request a time extension, there is no right of appeal.
(k) In arriving at the amount due the Contractor under this clause, there be deducted-shall
(1) All unliquidated advance or other payments to the Contractor under the terminated portion of this contract;
(2) Any which the Government has against the Contractor under this contract; andclaim
(3) The agreed price for, or the proceeds of sale of, materials, , or other things acquired by the Contractor or supplies sold under the provisions of this clause and not recovered by or credited to the Government.
(l) If the termination is partial, the Contractor file a proposal with the for an equitable may Contracting Officer adjustment of the price(s) of the . The make any equitable continued portion of the contract Contracting Officer shall adjustment agreed upon. Any proposal by the Contractor for an equitable adjustment under this clause beshall requested within 90 days from the unless extended by the .effective date of termination in writing Contracting Officer
(m)
(1) The Government , under the terms and conditions it prescribes, make partial payments and payments against may costs incurred by the Contractor for the , if the believes the total terminated portion of the contract Contracting Officer of these payments will not exceed the amount to which the Contractor will be entitled.
(2) If the total payments exceed the amount finally determined to be due, the Contractor repay the excess to the shall Government upon demand, together with interest computed at the rate established by the Secretary of the Treasury under 50 U.S.C. App.1215(b)(2). Interest be computed for the period from the date the excess payment is shall received by the Contractor to the date the excess is repaid. Interest not be charged on any excess payment due shall to a reduction in the Contractor's termination settlement proposal because of retention or other disposition of until 10 days after the date of the retention or disposition, or a later date determined by the termination inventory because of the circumstances.Contracting Officer
(n) Unless otherwise provided in this contract or by statute, the Contractor maintain all records and documents shall relating to the terminated portion of this contract for 3 years after final settlement. This includes all books and other evidence bearing on the Contractor's costs and expenses under this contract. The Contractor make these shall records and documents available to the Government, at the Contractor's office, at all reasonable times, without any direct charge. If approved by the , photographs, microphotographs, or other authentic reproductions Contracting Officer be maintained instead of original records and documents.may
(End of clause)
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