Solicitation Amendment W912DS26RA0280004 SF 30.pdf

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Construction of the ERCIP Wellfield Expansion at Fort Drum, NY
Solicitation number
W912DS26RA028
Issued by

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Summary of Amendment 4 to ERCIP Wellfield Expansion Design-Build Solicitation

This document is Amendment 4 to solicitation W912DS26RA028, issued by the U.S. Army Corps of Engineers (USACE) on August 4, 2026, for the ERCIP Wellfield Expansion Design-Build project at Fort Drum, New York. The amendment answers bidder questions and makes targeted revisions to drawings, specifications, and contract terms. Key changes include deletion of FAR 52.232-16 Progress Payments and DFARS 252.232-7013 Performance-Based Payments clauses, with payment to occur only under FAR 52.232-5 for fixed-price construction. The amendment reissues C-501 drawings with updated roadway and utility typical sections and revises three specifications: Section 01 33 16.00 10 (Design Data—Design After Award), Section 01 78 00 (Closeout Submittals), and the Submittal Register. The period of performance is confirmed as 910 calendar days after Notice to Proceed. The project scope involves designing and building five new groundwater production wells capable of producing a minimum 500 gallons per minute combined, with associated water transmission mains, electrical infrastructure, SCADA controls integration with existing systems, and supporting site work including wetland mitigation via Fort Drum's Wetland Mitigation Bank, stormwater management design, and dewatering operations—all contractor responsibilities unless expressly stated otherwise.

The amendment clarifies numerous technical and contractual requirements in response to 139 bidder questions covering topics including well performance standards, geotechnical and hydrogeological conditions, permitting coordination with New York State agencies, SCADA system integration requirements, material sourcing preferences (carbon steel for well drop pipes), climatic design standards (Climate Zone 6A), cybersecurity compliance (UFC 4-010-06), and design professional qualifications. Advanced modeling (BIM/CIM) requirements are removed due to project scale. The contractor assumes responsibility for all dewatering, topographic surveys, stormwater pollution prevention plan design, subsurface condition interpretation, design verification of existing utility conditions, and existing road restoration. Bidders must acknowledge receipt of the amendment and may submit proposals via email or other approved electronic methods. The successful offeror will receive electronic design files and survey data after award for reference purposes only, with full design responsibility retained by the contractor.

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Other files

File Type Posted
C-501_2026-08-07_AMD 5.pdf PDF
Solicitation Amendment W912DS26RA0280005 SF 30.pdf PDF
01 78 00.pdf PDF
01 33 16.00 10.pdf PDF
C-501_2026-08-03_AMD 4.pdf PDF
REGISTER.pdf PDF
Solicitation Amendment W912DS26RA0280003 SF 30.pdf PDF
ATTACHMENT 5 - SAMPLE FIRM_UNEQUIVOCAL_LOC BETWEEN PRIME CONTRACTOR AND SUB (AMD 002).pdf PDF
ATTACHMENT 1 - PROPOSAL DATA SHEET (AMD 002).pdf PDF
ATTACHMENT 2 - PAST PERFORMANCE QUESTIONNAIRE PPQ (AMD 002).pdf PDF
ATTACHMENT 3 - SPECIALIZED EXPERIENCE (AMD 002).pdf PDF
ATTACHMENT 4 - SMALL BUSINESS PARTICIPATION PLAN (AMD 002).pdf PDF
W912DS26R0028 P00002.pdf PDF
REVISED 00 22 10 (AMD 002) (002).pdf PDF
Site Visit Sign In Sheet.pdf PDF
Solicitation Amendment W912DS26RA0280001 SF 30.pdf PDF
Solicitation - W912DS26RA028.pdf PDF
Ft. Drum Wells Field Final D-B RFP - Appendix A.pdf PDF
Ft. Drum Wells Field Final D-B RFP - Appendix B.pdf PDF
Well Field Bidder Walkthrough Packet Instructions.pdf PDF
ATTACHMENT 3 - SPECIALIZED EXPERIENCE.pdf PDF
ATTACHMENT 1 - PROPOSAL DATA SHEET.pdf PDF
ATTACHMENT 5 - SAMPLE FIRM_UNEQUIVOCAL_LETTER OF COMMITMENT BETWEEN PRIME CONTRACTOR AND SUB.pdf PDF
Ft. Drum Wells Field Final D-B RFP - Appendix C - Volume 3.pdf PDF
Ft. Drum Wells Field Final D-B RFP.pdf PDF
Ft. Drum Wells Field Final D-B RFP - Appendix D.pdf PDF
ATTACHMENT 2 - PAST PERFORMANCE QUESTIONNAIRE PPQ.pdf PDF
Ft. Drum Wells Field Final D-B RFP - Appendix C - Volume 1.pdf PDF
Ft. Drum Wells Field Final D-B RFP - Appendix C - Volume 2.pdf PDF
JA 26-008 - Ft Drum Wellfield -Trane Supervisory Control and Data Acquisition1 May 2026_Redacted.pdf PDF
JA 26-009 - Ft Drum Wellfield - Data Switches- 27 May 2026 _Redacted.pdf PDF
ATTACHMENT 4 - SMALL BUSINESS PARTICIAPTION PLAN.pdf PDF
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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 the offer 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 NUMBER

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

The purpose of Amendment 4 is to: Block 14 (Description of Amendment/Modification):

Answer questions from prospective offerors for informational purposes only.

Delete clauses 52.232-16 and 252.232-7013.

Revised and Reissued the following: C-501; Section 01 33 16.00 10 Design Data (Design After Award); Section 01 78 00 Closeout Submittals; and Submittal Register.

Revised and Not Reissued the following: Drawings - E-601; In Specifications - Performance Technical Specification, Section G30; Chapter 6 / ESR G20, G201004 Markings & Signage;

Chapter 6 / ESR G20, G204005 Signage; Chapter 7 - Applicable Criteria; Section 01 45 00, 1.6.1.2 Qualification; Chapter 2, Project Objectives, 2.2.1 Site Design; and Chapter 2, Project Objectives,

2.2.1 Site Design.

NOTE: BIDDERS MUST ACKNOWLEDGE RECEIPT OF THIS AMENDMENT BY THE DATE

SPECIFIED IN THE SOLICITATION (OR AS AMENDED) BY ONE OF THE FOLLOWING

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 OR BIDS OR LATE WITHDRAWAL OF BIDS.

FAR 14.304)

Section 00 01 15 - List of Drawing Sheets

The attachments table has changed from:

Identifie r

Document Name

Document Description Reference Identifier

Date Line Item Page N umbers

Docum ent Type

Provide d Under Separat e Cover

0001 ATTACHMENT

1 -

PROPOSAL

DATA SHEET

Proposal Data Sheet 17 Jun 2026 Attach ment

No

0002 ATTACHMENT PAST PERFORM ANCE 17 Jun 2026 Attach No

W912DS26RA0280004

2 - PAST PERF

ORMANCE QU

ESTIONNAIRE

PPQ

QUESTIO NNAIRE (PPQ) ment

0003 ATTACHMENT

3 -

SPECIALIZED

EXPERIENCE

SPECIALIZED EXPERIENCE 17 Jun 2026 Attach ment

No

0004 ATTACHMENT

4 - SMALL

BUSINESS PA

RTICIAPTION

PLAN

SMALL BUSINESS PAR

TICIAPTION PLAN

17 Jun 2026 Attach ment

No

0005 ATTACHMENT

5 - SAMPLE FI

RM_UNEQUIV

OCAL_LETTE

R OF COMMIT

MENT

BETWEEN

PRIME CONTR

ACTOR AND

SUB

SAMPLE FIRM, UNEQUIVOCAL,

LETTER OF COMMITMENT

BETWEEN PRIME

CONTRACTOR AND SUBCONT

RACTOR

17 Jun 2026 Attach ment

No

0006 Ft. Drum Wells Field Final D-B

RFP

Specification 11 Jun 2026 Attach ment

No

0007 Ft. Drum Wells Field Final D-B

RFP -

Appendix A

Drawings 11 Jun 2026 Attach ment

No

0008 Ft. Drum Wells Field Final D-B

RFP -

Appendix B

Specification 11 Jun 2026 Attach ment

No

0009 Ft. Drum Wells Field Final D-B

RFP -

Appendix C - Volume 1

Specification 12 Jun 2026 Attach ment

No

0010 Ft. Drum Wells Field Final D-B

RFP -

Appendix C - Volume 2

Specification 22 Jun 2026 Attach ment

No

0011 Ft. Drum Wells Field Final D-B

RFP -

Appendix C - Volume 3

Specification 22 Jun 2026 Attach ment

No

0012 Ft. Drum Wells Field Final D-B

RFP -

Appendix D

Drawings 11 Jun 2026 Attach ment

No

0013 Well Field Bidder Walkthrough Packet Instructions

Site Visit 24 Jun 2026 Attach ment

No

0014 JA 26-008 - Ft Drum Wellfield -Trane Supervisory Control and Data Acquisition1 May 2026_Redacted

JA 26-008 - Ft Drum Wellfield - Trane Supervisory Control and Data Acquisition

22 Jun 2026 Attach ment

No

0015 JA 26-009 - Ft Drum Wellfield

- Data Switches- 27 May 2026 _Redacted

JA 26-009 - Ft Drum Wellfield - Data Switches

22 Jun 2026 Attach ment

No

0016 Site Visit Sign In Sheet

Site Visit Sign-in Sheet 07 Jul 2026 Attach ment

No

To:

Identifie r

Document Name

Document Description Reference Identifier

Date Line Item Page N umbers

Docum ent Type

Provide d Under Separat e Cover

0001 ATTACHMENT

1 -

PROPOSAL

DATA SHEET

Proposal Data Sheet 17 Jun 2026 Attach ment

No

0002 ATTACHMENT

2 - PAST PERF

ORMANCE QU

ESTIONNAIRE

PPQ

PAST PERFORM ANCE

QUESTIO NNAIRE (PPQ)

17 Jun 2026 Attach ment

No

0003 ATTACHMENT

3 -

SPECIALIZED

EXPERIENCE

SPECIALIZED EXPERIENCE 17 Jun 2026 Attach ment

No

0004 ATTACHMENT

4 - SMALL

BUSINESS PA

RTICIAPTION

PLAN

SMALL BUSINESS PAR

TICIAPTION PLAN

17 Jun 2026 Attach ment

No

0005 ATTACHMENT

5 - SAMPLE FI

RM_UNEQUIV

OCAL_LETTE

R OF COMMIT

MENT

BETWEEN

PRIME CONTR

ACTOR AND

SUB

SAMPLE FIRM, UNEQUIVOCAL,

LETTER OF COMMITMENT

BETWEEN PRIME

CONTRACTOR AND SUBCONT

RACTOR

17 Jun 2026 Attach ment

No

0006 Ft. Drum Wells Field Final D-B

RFP

Specification 11 Jun 2026 Attach ment

No

0007 Ft. Drum Wells Field Final D-B

RFP -

Appendix A

Drawings 11 Jun 2026 Attach ment

No

0008 Ft. Drum Wells Field Final D-B

RFP -

Appendix B

Specification 11 Jun 2026 Attach ment

No

0009 Ft. Drum Wells Field Final D-B

RFP -

Appendix C - Volume 1

Specification 12 Jun 2026 Attach ment

No

0010 Ft. Drum Wells Field Final D-B

RFP -

Appendix C - Volume 2

Specification 22 Jun 2026 Attach ment

No

0011 Ft. Drum Wells Field Final D-B

RFP -

Appendix C - Volume 3

Specification 22 Jun 2026 Attach ment

No

0012 Ft. Drum Wells Field Final D-B

RFP -

Appendix D

Drawings 11 Jun 2026 Attach ment

No

0013 Well Field Bidder Walkthrough

Site Visit 24 Jun 2026 Attach ment

No

Packet Instructions

0014 JA 26-008 - Ft Drum Wellfield -Trane Supervisory Control and Data Acquisition1 May 2026_Redacted

JA 26-008 - Ft Drum Wellfield - Trane Supervisory Control and Data Acquisition

22 Jun 2026 Attach ment

No

0015 JA 26-009 - Ft Drum Wellfield

- Data Switches- 27 May 2026 _Redacted

JA 26-009 - Ft Drum Wellfield - Data Switches

22 Jun 2026 Attach ment

No

0016 Site Visit Sign In Sheet

Site Visit Sign-in Sheet 07 Jul 2026 Attach ment

No

0017 C-501_2026-

08-03_AMD 4

Drawings 04 Aug

Attach ment

No

0018 01 33 16.00 10 Specification 04 Aug

Attach ment

No

0019 01 78 00 Specification 04 Aug

Attach ment

No

0020 REGISTER Submittal Register 04 Aug

Attach ment

No

The following contract documents were added:

01 33 16.00 10 01 78 00

C-501_2026-08-03_AMD 4

REGISTER

Section 00 72 00 - General Conditions

The following clauses were deleted:

FAR Clauses Incorporated by Full Text 52.232-16 Progress Payments. (Deviation 2026-O0038) (Feb 2026)

Progress Payments (Feb 2026) (Deviation 2026-O0038)

The Government will make progress payments to the Contractor when requested as work progresses, but not more frequently than monthly, in amounts of $2,500 or more approved by the Contracting Officer, under the following conditions:

(a) Computation of amounts.

(1) Unless the Contractor requests a smaller amount, the Government will compute each progress payment as 80 percent of the Contractor's total costs incurred under this contract whether or not actually paid, plus financing payments to subcontractors (see paragraph (j) of this clause), less the sum of all previous progress payments made by the Government under this contract. The Contracting Officer will consider cost of money that would be allowable under Federal Acquisition Regulation (FAR) 31.205-10 as an incurred cost for progress payment purposes.

(2) The amount of financing and other payments for supplies and services purchased directly for the contract are limited to the amounts that have been paid by cash, check, or other forms of payment, or that are determined due and will be paid to subcontractors-

(i) In accordance with the terms and conditions of a subcontract or invoice; and

(ii) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government.

(3) The Government will exclude accrued costs of Contractor contributions under employee pension plans until actually paid unless-

(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's total costs for progress payments until paid).

(4) The Contractor shall not include the following in total costs for progress payment purposes in paragraph (a)(1) of this clause:

(i) Costs that are not reasonable, allocable to this contract, and consistent with sound and generally accepted accounting principles and practices.

(ii) Costs incurred by subcontractors or suppliers.

(iii) Costs ordinarily capitalized and subject to depreciation or amortization except for the properly depreciated or amortized portion of such costs.

(iv) Payments made or amounts payable to subcontractors or suppliers, except for-

(A) Completed work, including partial deliveries, to which the Contractor has acquired title; and

(B) Work under cost-reimbursement or time-and-material subcontracts to which the Contractor has acquired title.

(5) The amount of unliquidated progress payments may exceed neither (i) the progress payments made against incomplete work (including allowable unliquidated progress payments to subcontractors) nor (ii) the value, for progress payment purposes, of the incomplete work.

Incomplete work shall be considered to be the supplies and services required by this contract, for which delivery and invoicing by the Contractor and acceptance by the Government are incomplete.

(6) The total amount of progress payments shall not exceed 80 percent of the total contract price.

(7) If a progress payment or the unliquidated progress payments exceed the amounts permitted by subparagraphs (a)(4) or (a)(5) of this clause, the Contractor shall repay the amount of such excess to the Government on demand.

(8) Notwithstanding any other terms of the contract, the Contractor agrees not to request progress payments in dollar amounts of less than $2,500. The Contracting Officer may make exceptions.

(9) The costs applicable to items delivered, invoiced, and accepted shall not include costs in excess of the contract price of the items.

(b) Except as provided in the Termination for Convenience of the Government clause, Liquidation.

all progress payments shall be liquidated by deducting from any payment under this contract, other than advance or progress payments, the unliquidated progress payments, or 80 percent of the amount invoiced, whichever is less. The Contractor shall repay to the Government any amounts required by a retroactive price reduction, after computing liquidations and payments on past invoices at the reduced prices and adjusting the unliquidated progress payments accordingly. The Government reserves the right to unilaterally change from the ordinary liquidation rate to an alternate rate when deemed appropriate for proper contract financing.

(c) The Contracting Officer may reduce or suspend progress payments, Reduction or suspension.

increase the rate of liquidation, or take a combination of these actions, after finding on substantial evidence any of the following conditions:

(1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (f) and (g) of this clause).

(2) Performance of this contract is endangered by the Contractor's (i) failure to make progress or

(ii) unsatisfactory financial condition.

(3) Inventory allocated to this contract substantially exceeds reasonable requirements.

(4) The Contractor is delinquent in payment of the costs of performing this contract in the ordinary course of business.

(5) The fair value of the undelivered work is less than the amount of unliquidated progress payments for that work.

(6) The Contractor is realizing less profit than that reflected in the establishment of any alternate liquidation rate in paragraph (b) of this clause, and that rate is less than the progress payment rate stated in subparagraph (a)(1) of this clause.

(d) Title.

(1) Title to the property described in this paragraph (d) shall vest in the Government. Vestiture shall be immediately upon the date of this contract, for property acquired or produced before that date. Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract.

(2) as used in this clause, includes all of the below-described items acquired or produced Property, by the Contractor that are or should be allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices.

(i) Parts, materials, inventories, and work in process;

(ii) Special tooling and special test equipment to which the Government is to acquire title;

(iii) Nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment, and other similar manufacturing aids, title to which would not be obtained as special tooling under paragraph (d)(2)(ii) of this clause; and

(iv) Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the Government by other clauses of this contract.

(3) Although title to property is in the Government under this clause, other applicable clauses of this contract, e.g., the termination clauses, shall determine the handling and disposition of the property.

(4) The Contractor may sell any scrap resulting from production under this contract without requesting the Contracting Officer's approval, but the proceeds shall be credited against the costs of performance.

(5) To acquire for its own use or dispose of property to which title is vested in the Government under this clause, the Contractor must obtain the Contracting Officer's advance approval of the action and the terms. The Contractor shall (i) exclude the allocable costs of the property from the costs of contract performance, and (ii) repay to the Government any amount of unliquidated progress payments allocable to the property. Repayment may be by cash or credit memorandum.

(6) When the Contractor completes all of the obligations under this contract, including liquidation of all progress payments, title shall vest in the Contractor for all property (or the proceeds thereof) not-

(i) Delivered to, and accepted by, the Government under this contract; or

(ii) Incorporated in supplies delivered to, and accepted by, the Government under this contract and to which title is vested in the Government under this clause.

(7) The terms of this contract concerning liability for Government-furnished property shall not apply to property to which the Government acquired title solely under this clause.

(e) Before delivery to and acceptance by the Government, the Contractor shall bear Risk of loss.

the risk of loss for property, the title to which vests in the Government under this clause, except to the extent the Government expressly assumes the risk. The Contractor shall repay the Government an amount equal to the unliquidated progress payments that are based on costs allocable to property that is lost (see 45.101).

(f) The Contractor shall maintain an accounting system and controls Control of costs and property.

adequate for the proper administration of this clause.

(g) Reports, forms, and access to records.

(1) The Contractor shall promptly furnish reports, certificates, financial statements, and other pertinent information (including estimates to complete) reasonably requested by the Contracting Officer for the administration of this clause. Also, the Contractor shall give the Government reasonable opportunity to examine and verify the Contractor's books, records, and accounts.

(2) The Contractor shall furnish estimates to complete that have been developed or updated within six months of the date of the progress payment request. The estimates to complete shall represent the Contractor's best estimate of total costs to complete all remaining contract work required under the contract. The estimates shall include sufficient detail to permit Government verification.

(3) Each Contractor request for progress payment shall:

(i) Be submitted on Standard Form 1443, Contractor's Request for Progress Payment, or the electronic equivalent as required by agency regulations, in accordance with the form instructions and the contract terms; and

(ii) Include any additional supporting documentation requested by the Contracting Officer.

(h) If this contract is terminated under the Default clause, (i) the Special terms regarding default.

Contractor shall, on demand, repay to the Government the amount of unliquidated progress payments and (ii) title shall vest in the Contractor, on full liquidation of progress payments, for all property for which the Government elects not to require delivery under the Default clause. The Government shall be liable for no payment except as provided by the Default clause.

(i) Reservations of rights.

(1) No payment or vesting of title under this clause shall (i) excuse the Contractor from performance of obligations under this contract or (ii) constitute a waiver of any of the rights or remedies of the parties under the contract.

(2) The Government's rights and remedies under this clause (i) shall not be exclusive but rather shall be in addition to any other rights and remedies provided by law or this contract and (ii) shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

(j) The financing payments to subcontractors mentioned in Financing payments to subcontractors.

paragraphs (a)(1) and (a)(2) of this clause shall be all financing payments to subcontractors or divisions, if the following conditions are met:

(1) The amounts included are limited to-

(i) The unliquidated remainder of financing payments made; plus

(ii) Any unpaid subcontractor requests for financing payments.

(2) The subcontract or interdivisional order is expected to involve a minimum of approximately 6 months between the beginning of work and the first delivery; or, if the subcontractor is a small business concern, 4 months.

(3) If the financing payments are in the form of progress payments, the terms of the subcontract or interdivisional order concerning progress payments-

(i) Are substantially similar to the terms of this clause for any subcontractor that is a large business concern, or this clause with its for any subcontractor that is a small business concern;Alternate I

(ii) Are at least as favorable to the Government as the terms of this clause;

(iii) Are not more favorable to the subcontractor or division than the terms of this clause are to the Contractor;

(iv) Are in conformance with the requirements of FAR 32.504(e); and

(v) Subordinate all subcontractor rights concerning property to which the Government has title under the subcontract to the Government's right to require delivery of the property to the Government if-

(A) The Contractor defaults; or

(B) The subcontractor becomes bankrupt or insolvent.

(4) If the financing payments are in the form of performance-based payments, the terms of the subcontract or interdivisional order concerning payments-

(i) Are substantially similar to the Performance-Based Payments clause at FAR 52.232-32 and meet the criteria for, and definition of, performance-based payments in FAR Part 32;

(ii) Are in conformance with the requirements of FAR 32.504(f); and

(iii) Subordinate all subcontractor rights concerning property to which the Government has title under the subcontract to the Government's right to require delivery of the property to the Government if-

(A) The Contractor defaults; or

(B) The subcontractor becomes bankrupt or insolvent.

(5) If the financing payments are in the form of commercial product or commercial service financing payments, the terms of the subcontract or interdivisional order concerning payments-

(i) Are constructed in accordance with FAR 32.206(c) and included in a subcontract for a commercial product or commercial service purchase that meets the definition and standards for acquisition of commercial products and commercial services in FAR parts 2 and 12;

(ii) Are in conformance with the requirements of FAR 32.504(g); and

(iii) Subordinate all subcontractor rights concerning property to which the Government has title under the subcontract to the Government's right to require delivery of the property to the Government if-

(A) The Contractor defaults; or

(B) The subcontractor becomes bankrupt or insolvent.

(6) If financing is in the form of progress payments, the progress payment rate in the subcontract is the customary rate used by the contracting agency, depending on whether the subcontractor is or is not a small business concern.

(7) Concerning any proceeds received by the Government for property to which title has vested in the Government under the subcontract terms, the parties agree that the proceeds shall be applied to reducing any unliquidated financing payments by the Government to the Contractor under this contract.

(8) If no unliquidated financing payments to the Contractor remain, but there are unliquidated financing payments that the Contractor has made to any subcontractor, the Contractor shall be subrogated to all the rights the Government obtained through the terms required by this clause to be in any subcontract, as if all such rights had been assigned and transferred to the Contractor.

(9) To facilitate small business participation in subcontracting under this contract, the Contractor shall provide financing payments to small business concerns, in conformity with the standards for customary contract financing payments stated in FAR 32.113. The Contractor shall not consider the need for such financing payments as a handicap or adverse factor in the award of subcontracts.

(k) Notwithstanding any other progress payment Limitations on undefinitized contract actions.

provisions in this contract, progress payments may not exceed 80 percent of costs incurred on work accomplished under undefinitized contract actions. A is any action resulting in contract action a contract, as defined in subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes. This limitation shall apply to the costs incurred, as computed in accordance with paragraph (a) of this clause, and shall remain in effect until the contract action is definitized. Costs incurred which are subject to this limitation shall be segregated on Contractor progress payment requests and invoices from those costs eligible for higher progress payment rates. For purposes of progress payment liquidation, as described in paragraph (b) of this clause, progress payments for undefinitized contract actions shall be liquidated at 80 percent of the amount invoiced for work performed under the undefinitized contract action as long as the contract action remains undefinitized. The amount of unliquidated progress payments for undefinitized contract actions shall not exceed 80 percent of the maximum liability of the Government under the undefinitized contract action or such lower limit specified elsewhere in the contract. Separate limits may be specified for separate actions.

(l) The designated payment office will make progress payments on the [Due date. ____ ] day Contracting Officer insert date as prescribed by agency head; if not prescribed, insert "30th" after the designated billing office receives a proper progress payment request. In the event that the Government requires an audit or other review of a specific progress payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date. Progress payments are considered contract financing and are not subject to the interest penalty provisions of the Prompt Payment Act.

(m) Progress payments under indefinite-delivery contracts. The Contractor shall account for and submit progress payment requests under individual orders as if the order constituted a separate contract, unless otherwise specified in this contract.

(End of clause)

Section 01 00 00 - General Requirements

Miscellaneous text in this section has been modified to:

ERCIP Wellfield Expansion, Design-Build

Fort Drum, New York

W912DS26RA028

Amendment 0004

TO BIDDERS:

The following changes shall be made to the Design Build Request for Proposal.

DRAWINGS:

1. The following DRAWINGS have been :REVISED and REISSUED

C-501 - Roadway and Utility Typical Sections - Drawing E1 has been updated.

2. The following DRAWINGS have been REVISED but NOT REISSUED:

E-601. General note 6 is added as follows: "Provide Inner duct in all new ducts. The number of inner ducts required is dependent on the number of cables required to be blown through the section of duct. Provide one (1) additional spare inner duct for future use by Fort Drum."

3. The following DRAWINGS have been ADDED:

None

4. The following DRAWINGS have been DELETED:

None

SPECIFICATIONS:

1. The following SPECIFICATIONS have been :REVISED and REISSUED

Submittal Register

Section 01 78 00 Closeout Submittals

Section 01 33 16.00 10 Design Data (Design After Award)

2. The following SPECIFICATIONS have been REVISED but NOT REISSUED:

Performance Technical Specification, Section G30 Site Civil/Mechanical Utilities, G301001

1.2 Test Hole is removed in its entirety.

Chapter 6 / ESR G20, G201004 Markings & Signage. The first sentence that states "Fort Drum to provide road signage" is replaced with "Provide road signage".

Chapter 6 / ESR G20, G204005 Signage. The first sentence that states "Fort Drum to provide road signage" is replaced with "Provide road signage".

Chapter 7 - Applicable Criteria. Reference to U.S. Green Building Council (USGBC) LEED v4 is removed from the applicable criteria.

Section 01 45 00, 1.6.1.2 Qualification. The reference to a current professional registration is removed and the first sentence of the first paragraph is replaced with the following: "The QC Manager must possess at least a Bachelor's degree in engineering, architecture, or construction management and a minimum of 10 years construction experience as a Project Superintendent, QC Manager, Project Manager, Project Engineer or Construction Manager on similar size and type construction Contracts which included the major trades that are part of this Contract."

Chapter 2, Project Objectives, 2.2.1 Site Design. In the third paragraph, the third sentences is replaced with the following: "From CMH-1 there are existing conduits that can be utilized to run the communications back to the water treatment plant".

Chapter 2, Project Objectives, 2.2.1 Site Design. In the third paragraph, the fourth sentence which states, "The DB Contractor will need to verify that there are existing conduits that can be used for the communications cabling." Is removed in its entirety

3. The following SPECIFICATIONS have been ADDED:

None

4. The following SPECIFICATIONS have been DELETED:

None

ATTACHMENTS:

1. The following ATTACHMENTS have been :REVISED and REISSUED

None

2. The following ATTACHMENTS have been but : REVISED NOT REISSUED

None

3. The following ATTACHMENTS have been :ADDED

None

4. The following ATTACHMENTS have been :DELETED

None

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.)

Question1: Acquisition Process - Sec 00 22 10 titled "Two Phase - Phase One" implies this is a two-phase DB procurement. However, the RFP is structured as a single-phase DB procurement.

Please confirm this is a single-phase procurement.

Response 1: Acquisition is one phase. 00 22 10 has been revised and has been re-issued with amendment 2.

Question 2: PPQ and CPAR - Sec 00 22 10 "Volume 1 - Factor 1 - Past Performance" p32 states "The Offeror will provide Past Performance information on relevant projects using the Past Performance and Specialized Experience Questionnaires included in the solicitation. Contractor Performance Assessment Reporting System (CPARS) shall be submitted for projects, when available. Your client should receive form ATTACHMENT 2 - PAST PERFORMANCE QUESTIONNAIRE (PPQ)". Please confirm that if a CPARS is provided for a past performance project it is not necessary to provide a PPQ in the ATTACHMENT 2 format.

Response 2: 00 22 10 has been revised and has been re-issued with amendment 2.

Question 3: Section 00 22 10, paragraph numbering does not match the Table of Contents provided on page 21 of 117. Please clarify.

Response 3: 00 22 10 has been revised and has been re-issued with amendment 2.

Question 4: Volume 1-Factor 1-Past Performance, page 32 of 117, first paragraph; states "The Offeror will provide Past Performance information on relevant projects using the Past Performance and Specialized Experience Questionnaires included in the solicitation. Contractor Performance Assessment Reporting System (CPARS) shall be submitted for projects, when available. Please confirm, or advise otherwise, that the Past Performance and Specialized Experience Questionnaire (PPQ) is required for all projects and the CPARS when available supplements the PPQ information.

Response 4: 00 22 10 has been revised and has been re-issued with amendment 2.

Question 5: Paragraph 2.3.2 Relevant Past Performance, sub-paragraph 'i.b' "Complexity", page 34 of 117, states: "Similar complexity is defined as projects demonstrating successful design and /or construction of water transmission systems including telemetry and controls that are at least 5,000 linear feet.". Would the Government consider revising this requirement to allow project examples of telemetry and controls on fluid transmission systems other than water?

Response 5: 00 22 10 has been revised and has been re-issued with amendment 2.

Question 6: Paragraph 2.3.2 Relevant Past Performance, sub-paragraph 'i.b' "Complexity", page 34 of 117, states: "Similar complexity is defined as projects demonstrating successful design and /or construction of water transmission systems including telemetry and controls that are at least 5,000 linear feet.". Would the Government consider revising this requirement to allow project examples of fluid transmission systems other than water?

Response 6: 00 22 10 has been revised and has been re-issued with amendment 2.

Question 7: The Attachments provided with the RFP documents (Attachments 1 - 5) are all labeled as 'CUI', these Attachments are incorrectly labeled as CUI as all are publicly available and circulated documents in their current form. As presently labeled, these forms cannot be shared with some individuals that need to complete the form. The CUI marking should be removed as it is not necessary and is over marking. Please advise if these forms can be used with the CUI marking removed.

Response 7: Attachments 1-5 have been revised and re-issued with amendment 2.

Question 8: To ensure the submission of responsible, high-quality proposals that align with USACE's objectives, we respectfully request an extension of the proposal due date to August 7, 2026. This additional time will enable offerors to more clearly articulate their proposed solutions, ultimately resulting in stronger, more competitive proposals for USACE's consideration. The current due date of July 24 will preclude competitive proposals because it does not afford adequate time to generate quality scopes for subcontractors (requires 1 week after site visit = 2 weeks total), for subcontractors to price (requires 2 weeks min for subcontractors to be willing to bid and most request 3 weeks), followed by 1 week for primes to assess bids, analyze and address risk, and obtain management approval. While a 30-day timeline may be sufficient for DBB, this minimum 6-week DB timeline (for a single-phase DB) drives the requested August 7 due date and will reduce risk, ultimately resulting in more competitive proposals.

Response 8: Proposal due date is changed to 7 August 2026 with amendment 2.

Question 9: Due to the proximity of the July 4th holiday and limited availability of both prime and subcontractor firms to review the proposal, as well as to achieve alignment with the proposed extension to August 7, 2026, we respectfully request a 2-week extension to the deadline for offerors to submit questions to July 24, 2026. The reduced availability during the holiday period limits the ability to perform a comprehensive review, which may impact the depth and clarity of questions submitted. With subcontractors actively reviewing prime generated scopes the weeks of July 6 and July 13, a cutoff of July 24 will allow ample time for questions. Allowing additional time will enable more deliberate coordination, validation of assumptions, and identification of potential risks or ambiguities to support the development of complete and balanced proposals.

Response 9: Proposal due date is changed to 7 August 2026 with amendment 2. No additional bidder inquiries are being accepted.

Question 10: Can the Government please remove the CUI designation on Attachments 1, 2, 3, 4 and 5 and redistribute? These forms are administrative in nature and do not contain any CUI.

These documents require distribution to external parties for completion (including subcontractors and teaming partners), and inclusion of the CUI designation on each form will greatly delay the distribution processes for offerors and their subcontractors, as many companies restrict sending documents with CUI via email.

Response 10: Attachments have been revised and re-issued with amendment 2.

Question 11: If the Government cannot remove the CUI designation on Attachments 1, 2, 3, 4, and 5, many firms cannot distribute documents with these markings via email due to security restrictions and internal policies. If these markings are to remain, please advise if offerors can submit proposals via other methods rather than email, such as a DoD SAFE link, PIEE, etc.

Response 11: Attachments have been revised and re-issued with amendment 2.

Question 12: Solicitation Section 3.0, pg 24 - The solicitation states "Schedules, drawings and/or sketches may be submitted electronically on paper not exceeding 11 x 17-inch, (each 11 x 17 counts as two pages)." Schedules, drawings, and sketches are not formally requested to be submitted as part of offerors' proposals under any evaluated factor. Can the Government please clarify if schedules, drawings, and sketches are expected to be included, and if so, what factors should they be included in and evaluated under?

Response 12: 00 22 10 has been revised and has been re-issued with amendment 2.

Question 13: Solicitation section 1.3, pg 27 - The solicitation states "If a teaming agreement or Letter of Commitment is not provided, the projects and experience of any team members outside of the Prime Offeror will not be considered." For proposed subcontractors or teaming partners, please clarify whether a formal teaming agreement is required to be included in the proposal for each proposed subcontractor or teaming partner, -OR- if a signed Letter of Commitment (Attachment 5) is sufficient to demonstrate the relationship and allow the Government to evaluate subcontractor/teaming partner past performance?

Response 13: 00 22 10 has been revised and has been re-issued with amendment 2. A formal teaming agreement or a Letter of Commitment (Attachment 5) is sufficient to demonstrate the relationship. Signatures from the teaming partners, e.g., a joint venture, are required on the formal teaming agreement, signatures from the Prime and Subcontractor are required on the Letter of Commitment for each proposed subcontractor.

Question 14: Solicitation, Volume 1 - Factor 1 - Past Performance, pg 32 - The solicitation states "the relevant experience of key personnel proposed for this project will not be evaluated or considered under this factor." Please clarify that no information on key personnel needs to be submitted in any factor for this proposal? If information for key personnel is to be provided, what needs to be provided and where should this information be included?

Response 14: 00 22 10 has been revised and has been re-issued with amendment 2. Information on Key Personnel is not required.

Question 15: Solicitation, Volume 1 - Factor 1 - Past Performance, pg 32 - The solicitation states "the relevant experience of key personnel proposed for this project will not be evaluated or considered under this factor." If information for key personnel is to be provided in another factor other than Factor 1, please clarify what needs to be provided for key personnel and where should this information be included?

Response 15: 00 22 10 has been revised and has been re-issued with amendment 2. Information on Key Personnel is not required.

Question 16: Solicitation Section 3.1.3. and Section 1.2 - Attachment 1 was distributed to offerors but not mentioned within Section 3 or Section 1.2, Proposal Submission Requirements. Please clarify where offerors should provide our completed Attachment 1, as its placement is not clearly specified in the solicitation.

Response 16: 00 22 10 has been revised and has been re-issued with amendment 2. Attachment 1 should be included in Volume 3 Tab A.

Question 17: Solicitation, Volume 1 - Factor 1 - Past Performance - If the Offeror intends to serve as both the construction contractor and the designer (AE-DOR/DOR), please clarify how past performance and specialized experience should be demonstrated? Specifically, is the Offeror required to provide separate project examples for design (up to 2) and construction (up to 3)? Or may the Offeror submit up to 3 Design-Build (DB) projects where it acted as both the Prime Contractor and AE/DOR, and designate up to 2 of those projects to satisfy both the design and construction requirements? If acceptable to designate 2 DB projects, should those same projects be included in both the Design and Construction sections (e.g., duplicated in the Attachment 3 Specialized Experience form)? It is important to understand how this integrated approach, which will provide a significant level of improved cost and time efficiency to the Govt, is appropriately documented in the RFP response process.

Response 17: The Offeror is required to provide project examples for design (up to 2) and construction (up to 3). The Offeror may submit up to 3 Design-Build (DB) projects where it acted as both the Prime Contractor and AE/DOR, and designate up to 2 of those projects to satisfy both the design and construction requirements. Yes, those same projects should be included in both the Design and Construction sections (e.g., duplicated in the Attachment 3 Specialized Experience form).

Question 18: Solicitation, Volume 1 - Factor 1 - Past Performance - If the Offeror will serve as both the construction contractor and the designer (AE-DOR) but will also rely on a key design subconsultant/subcontractor (under Teaming Agreement of Letter of Commitment) for specific design disciplines or expertise, please confirm that for the Design Past Performance it is acceptable to submit one project by the Offeror and one by the subcontractor/subconsultant since this is analogous to an Offeror submitting Construction Past Performance of construction subcontractors.

Response 18: Yes, that is acceptable.

Question 19: Volume 1 - Factor 1 - Past Performance (pg 32) - Please confirm whether Performance Recognition Documents are acceptable only for the projects submitted under Factor 1 for evaluation, or if Offerors may also provide Performance Recognition Documents for projects that are not included among the Factor 1 project submissions.

Response 19: Yes, as long as they are received within seven years of the date of issuance of the solicitation.

Question 20: Volume 1 - Factor 1 - Past Performance (pg 33) - Please confirm whether information regarding terminated projects is required only for the projects submitted under Factor 1, or if Offerors are required to disclose any terminated projects that are not included among the Factor 1 project submissions.

Response 20: Offeror is required to provide any information on past projects (within the past five

(5) years from the date of issuance of the solicitation) that were terminated (for any reason) or in which they have been issued a CURE NOTICE and provide accompanying information as to the details for such action(s) with an explanation of why they were terminated or issued a cure notice.

Question 21: Attachment 1 - Proposal Data Sheet and Proposal Cover Sheet- Attachment 1 and the Cover Sheet requests the Offeror's DUNS number; however, DUNS numbers have been replaced by the Unique Entity Identifier (UEI) for Federal procurement and registration purposes.

Please confirm whether Offerors should provide their UEI in lieu of a DUNS number, or if the Government is requesting both identifiers.

Response 21: Please provide your UEI number. Attachment 1 will be re-issued in amendment 2.

Question 22: Attachment 5 - Sample Firm, Unequivocal Letter of Commitment Between Prime Contractor and Subcontractor - At the top, this sample letter references "Jordan Moran, Contract Specialist"; however, the solicitation identifies Brian Winters as the Contract Specialist. Please confirm if Offerors can change this in the Letters of Commitment. If not, can the Government edit and reissue?

Response 22: Attachment 5 has been reissued with amendment 2.

Question 23: Solicitation Section 4.4.1 (1) - This section requires offerors to provide a list of present commitments, including "names and telephone numbers of personnel within each organization who are familiar with the contractor's performance." Some offerors may have hundreds of present commitments, which would require gathering and listing hundreds of individual names and phone numbers associated with each present project commitment. For Government and Offeror efficiency, please confirm if offeror must provide names and telephone numbers associated with each commitment, or if it is acceptable for offeror's to provide an adequate list of names and telephone numbers at their discretion. For example, we recommend and request confirmation it is acceptable to provide information for the top 5 largest (by $) present commitments listed in terms of the dollar value.

Response 23: 00 22 10 has been revised and re-issued in amendment 2. Provide information on the top 10 largest present commitments.

Question 24: Volume 1 - Factor 1 - Past Performance (pg 32) - The solicitation states "Also include performance recognition documents received within the last seven (7) years from the date of issuance of the solicitation such as award fee determinations, customer letters of commendation, and any other forms of performance recognition." Please confirm if this information is requested of just the offeror, or offeror's team subcontractors as well.

Response 24: This information is only requested from the offeror.

Question 25: Could the proposal due date be extended to August 7 or later? This would give our team much needed time to process site visit information and develop a more accurate technical and price proposal.

Response 25: Proposal due date is changed to 7 August 2026 with amendment 2.

Question 26: After contract award, will .dwg versions of the survey and drawing files be available to the selected DB team?

Response 26: Electronic files will be released to the contractor after award for reference only. This does not relieve the offeror of any design responsibilities. Offeror is responsible for verifying the existing site conditions as needed to complete their work.

Question 27: Confirm volume 3 factor 3 price and pro forma information are both part of phase 1 due on July 24th at 1500?

Response 27: Volume 3 factor 3 price and pro forma information are both part of phase 1.

Proposal due date is changed to 7 August 2026 with amendment 2. This is a 1 phase solicitation;

references to two phase solicitation were in error. 00 22 10 has been re-issued with amendment 2.

Question 28: Can the government extend the proposal due date of 24 June by one week?

Response 28: Proposal due date is changed to 7 August 2026 with amendment 2.

Question 29: Chapter 6. Engineering Systems Requirements (ESR) G10 Page 1 states, "The site preparation activities consist of site clearing, demolition, salvage, relocation, earthwork, and hazardous waste remediation to ready the site for other work associated with the project." Please identify the location and composition of the hazardous waste.

Response 29: Hazardous waste has not been encountered in the work area. See environmental soil testing results for further information. References to hazardous waste remediation is removed from this section in amendment 3.

Question 30: Subsurface Conditions & Rock Excavation Basis - The geotechnical report (Appendix C Vol.3) indicates limited borings (12-14 ft) with auger refusal and recommends additional investigation. Please confirm if bidders shall assume rock excavation along the full pipeline alignment where refusal was encountered and whether blasting should be included in the base bid where rock excavation is anticipated.

Response 30: There were two iterations of geotechnical investigation. The initial 2023 investigation recommended additional investigation which was subsequently performed in 2025. Geotechnical reports are provided for reference, and the offeror is responsible for interpreting and determining the extent of rock excavation, if any.

Question 31: Are there defined minimum pumping test requirements (duration, drawdown, recovery) for the production wells?

Response 31: See Section G30 1.1 and 6 ESR G301001 1.3.1. Contractor shall provide well development and capacity testing in accordance with AWWA A100 and the state waterworks' regulations (TITLE 10. DEPARTMENT OF HEALTH CHAPTER I. STATE SANITARY CODE

PART 5. DRINKING WATER SUPPLIES SUBPART 5-1. PUBLIC WATER SYSTEMS)

Question 32: It is understood that discharge of hazardous substances will not be permitted and discharge of contaminants into the waters of the US is not permitted. What should bidders assume is an acceptable means of discharging well development waters?

Response 32: Based on pre-design testing, groundwater in the area of the proposed pumping wells does not contain hazardous substances; however, it is the responsibility of the Contractor to confirm the presence/absence of hazardous substances prior to discharge of groundwater (see 6_ESR_G1040 1.1). During test well development of the project, water was discharged to ground outside of the recharge area.

Question 33: Performance criteria 5031 states "The system shall provide potable water compliant with New York State Department of Health (NYSDOH) requirements." Is the contractor responsible for providing treatment of raw water if standards are not met from the aquifer source?

Response 33: The Contractor is not responsible for providing treatment of raw water pumped from the wellhouses to the treatment plant. It is the government's expectation that the raw water will be substantially similar to what was seen during the pre-design testing.

Question 34: How will performance failures (e.g., underperforming wells) be handled contractually--replacement, redesign, or performance…

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