Amendment_2_18B0023.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

The above numbered solicitation for IDIQ stone placement is hereby amended as follow s:

1) delete section 00800 in the initial solicitation and replace w ith the attached

2) remove amendment 1's previously added FAR clauses 52.211-10 and 52.211-12.

The bid opening date and time of Wednesday, May 30, 2018, at 2pm, remains unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 9

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

16C. DATE SIGNED

BY 07-May-2018

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 W912P818B0023

X 9B. DATED (SEE ITEM 11)

26-Apr-2018

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

07-May-2018

CODE

USACE, CONTRACTING DIVISION

ATTN: CEMVN-CT, ROOM 172

7400 LEAKE AVE.

NEW ORLEANS LA 70118-3651

W912P8 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912P818B0023

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00700 - CONTRACT CLAUSES

The following have been deleted:

52.211-10

52.211-12

(End of Summary of Changes)

00800-a ED18-001

Section Table of Contents

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

1. COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK 1

2. UNIDENTIFIED SUBMERGED HAZARDS 3

3. INDEFINITE QUANTITY 3

4. LIQUIDATED DAMAGES 4

5. SPECIAL SMALL BUSINESS/LOCAL BUSINESS REPORTING REQUIREMENT 5

6. CONTRACTOR PERFORMANCE EVALUATIONS – CONSTRUCTION 5

00800-1 ED 18-001

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

1. COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

a. Commencement. The Contractor shall be required to (a) commence work specified in the Task Order when the Notice to Proceed is issued, (b) prosecute the work diligently, and (c) complete the entire work within the time specified in each Task Order.

b. Prosecution.

(1) The work of placing revetment consists of three principal operations to be performed in the following sequence:

(a) Bank grading (to be done by others).

(b) Sinking subaqueous mattress (to be done by others).

(c) Stone bank paving (to be done under this contract).

Notes: Priority for prosecution of contract work shall be as follows unless otherwise stated by the Contracting Officer:

Priority 1 - Stone dike paving required to be in place to avoid delaying the placement of ACM by the mat sinking unit. Dikes that must be in place for heeling purposes for mattress sinking operations to commence shall be constructed far enough in advance of the mat sinking unit’s arrival so as not to delay its progress of placement of ACM.

Priority 2 - Stone bank paving on graded or exposed banks.

Subsequent to mat sinking operations, stone bank paving on graded or exposed banks will follow as close behind the subaqueous mattress sinking unit as operations permit. This work shall be completed as soon as possible after completion of subaqueous mattress sinking operations at each particular jobsite.

Priority 3 - Any additional stone bank paving placement work.

Priority 4 - Any additional stone dike paving placement work.

(2) Sinking subaqueous mattress usually begins at the downstream limit of each jobsite and proceeds continuously upstream. Usually working conditions are such that stone bank paving can be started two (2) days after the beginning of subaqueous mattress sinking operations.

00800-2 ED 18-001

(3) Stone repairs may be specified for any or all of the revetments sites.

Prior to the start of work for each Task Order, the Contracting Officer shall issue to the Contractor a list of revetment sites with the type of stone repairs to be performed in accordance with these plans, specifications and estimated quantities required for the work on each revetment site. Stone repairs may be accomplished at any reach of the revetment site as the Contractor may elect after the receipt of each Task Order, provided the Contractor does not fall behind in the stone bank paving operations.

(4) Normal occurrences of sudden rises in river stages during the low water construction season which may erode the unpaved bank and destroy the subaqueous mattress, make it imperative that the stone bank paving performed under this contract follow the subaqueous mattress sinking operations as closely as working conditions permit unless otherwise prioritized as detailed in the notes of subparagraph Prosecution, subparagraph (1)(c) above, or Section 01100, paragraph LOCATIONS AND ANTICIPATED WORK, subparagraph b.(3). The rate of stone bank paving progress will therefore normally be governed by the rate of progress maintained by the subaqueous mattress sinking operations.

Ordinarily, subaqueous mattress sinking operations progress at an average rate of 700 linear feet (bank measurement) per calendar day on the Mississippi River and at an average of 850 linear feet (bank measurement) per calendar day on the Atchafalaya River, Red River and Old River Control Channels. However, the subaqueous mattress sinking operations progress can vary from 200 to 1700 linear feet per day. Stone bank paving operations at each particular jobsite, insofar as is consistent with the requirements of each Task Order, shall be kept as close as practicable to the subaqueous mattress sinking operations and be completed as soon as possible after completion of subaqueous mattress sinking operations at each particular jobsite, unless otherwise prioritized as detailed in the notes of subparagraph Prosecution, subparagraph (1)(c) above, or Section 01100, paragraph LOCATIONS AND ANTICIPATED WORK, subparagraph b.(3).

(5) The Contractor shall maintain sufficient stone supply and equipment to place an average of 4,500 tons or more per calendar day per rig per specified locations requiring stone berms; 1,500 tons or more per calendar day per rig per specified locations requiring stone bank paving; 700 tons or more per calendar day per rig per specified locations requiring stone repairs; and 1,500 tons or more per calendar day per rig per specified locations requiring stone keys. The time specified in each Task Order shall be computed based upon these specified rates throughout the contract period. Should there be insufficient bank available for placement at the required rates; the time specified in each Task Order shall be adjusted to allow for the delay.

00800-3 ED 18-001

(6) The Contractor shall furnish sufficient force, materials, construction plant and equipment, and stone supply, and shall work such hours, including night shifts and overtime operations as may be necessary to insure the prosecution of the work in accordance with subparagraph Prosecution, subparagraph (5) above. If the Contractor falls behind the specified progress and trails the completed subaqueous mattress sinking operations by more than 5,000 linear feet, the Contractor shall increase the number of shifts and/or overtime operations, and/or the amount of construction plant, and/or stone supply, all without additional cost to the Government.

(7) Failure of the Contractor to comply with the requirements of the Contracting Officer under the provisions of these contract specifications shall be grounds for determination by the Contracting Officer that the Contractor is not prosecuting the work with such diligence as to insure completion within the time specified in the Task Order. Upon such determination, the Contracting Officer may terminate the Contractor's right to proceed with the work, or any part thereof. The Government shall complete such terminated portion of the work by Government plant and hired labor or otherwise, and the Contractor and his surety shall be liable to the Government for any excess cost resulting from the completion of the terminated portion of work.

c. Completion. The Contractor shall complete the entire work, including final cleanup and dressing of all worksites, within the time specified in each Task Order. The time specified in each Task Order is determined by adding together the following: the tons of stone placed for stone berms divided by 4,500 tons per calendar day; the tons of stone placed for stone bank paving divided by 1,500 tons per calendar day; the tons of stone placed for stone repairs divided by 700 tons per calendar day; and the tons of stone placed for stone keys divided by 1,500 tons per calendar day. The time specified in each Task Order shall start when the Notice to Proceed is issued.

2. UNIDENTIFIED SUBMERGED HAZARDS

The attention of the Contractor is called to the possibility of the existence of unknown submerged hazards, and is forewarned of the possibility of their existence to prevent damage to equipment, plant, and property. It is the responsibility of the Contractor to determine that the approaches required to conduct repair work are free of submerged hazards that could possibly cause damage to equipment, plant, and property.

3. INDEFINITE QUANTITY

a. This is an indefinite quantity contract for miscellaneous construction and repairs, and effective for a one-year period from the date of award. The

00800-4 ED 18-001

quantities of supplies and services specified in the schedule are estimates only and are not purchased by this contract.

b. Delivery or performance shall be made only as authorized by Task Orders issued in accordance with the Section 00700 Contract Clause entitled “ORDERING” (FAR 52.216-18, Oct 1995). The Contractor shall furnish to the Government, when and if ordered, work for the items specified.

c. Except for any limitations on quantities in the Section 00700 Contract Clause entitled "ORDER LIMITATIONS" (FAR 52.216-19, Oct 1995), there is no limit on the number of Task Orders that may be issued. The Government may issue Task Orders requiring delivery to multiple locations.

d. Any Task Order issued during the effective contract period and not completed within that effective contract period shall be completed by the Contractor within the time specified in the Task Order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that Task Order to the same extent as if the Task Order were completed during the contract's effective period.

e. The Contractor shall provide written telecommunication notice (e-mail or facsimile) to the Contracting Officer's Representative of the need to place any quantity for an item of a Task Order above the estimated quantity included for that item in the Task Order. The notice shall be provided at least five (5) calendar days prior to the anticipated need for the additional quantity. The Contractor will be responsible for any impact on the completion of the work resulting from an untimely notice. Upon approval by the Contracting Officer for any additional quantity of an item, the time specified in the Task Order shall be modified accordingly.

4. LIQUIDATED DAMAGES

a. If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $2,220.00 for each calendar day of delay until the work is completed or accepted.

b. If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Section 00700 Contract Clause entitled “TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE)” (FAR 52.249-2, Alternate I, Sep 1996).

00800-5 ED 18-001

5. SPECIAL SMALL BUSINESS/LOCAL BUSINESS REPORTING REQUIREMENT

In addition to other contract requirements of this contract, Contractor shall, as a part of its subcontract program management and subcontracting plan, submit a report within seven (7) days of contract or Task Order award, and weekly thereafter for the first 90 days of contract or Task Order performance. Thereafter, reports will be submitted monthly. The report shall include information on all subcontract work awarded. In accordance with FAR 44.101, subcontracts and subcontractors are defined as follows: “Subcontract” means any contract as defined in Subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders. “Subcontractor” means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor. Report format may be selected by the contractor, but as a minimum, the report shall include total dollars awarded on the contract to date to each of the following categories: large business, small business, small disadvantaged business, HUB Zone small business, women-owned small business, service-disabled veteran-owned small business, veteran owned small business, Historically Black Colleges/Minority Institutions, also, report total dollars awarded to local businesses in each of the following categories: large business, small business, small disadvantaged business, HUB Zone small business, women-owned small business, service-disabled veteran-owned small business, veteran owned small business, Historically Black Colleges/Minority Institutions. Business size and location for subcontractors must be consistent with information recorded in the Central Contractor Registration Database. The report shall be submitted in three (3) copies to MVN. Other reporting requirements of this contract remain unchanged.

6. CONTRACTOR PERFORMANCE EVALUATIONS – CONSTRUCTION

In accordance with the provisions of Subpart 36.201(Evaluation of Contractor Performance) of the Federal Acquisition Regulation System, the construction contractor’s past performance shall be evaluated for construction contracts. The United States Army Corps of Engineers (USACE) follows the procedures outlined in Engineering Regulation 415-1-17 to fulfill this requirement. For construction contracts awarded at or above $700,000.00, the USACE will evaluate the contractor’s performance and prepare a performance report using the Contractor Performance Assessment Reporting System (CPARS), which is a web-enabled application. After an evaluation is completed by the USACE, the Contractor Representative will have the ability to access, review and comment on the evaluation for a period of 60 days.

Accessing and using CPARS requires specific software called a Public Key Infrastructure (PKI) certificate or, for non-DoD Government users, a Personal Identify Verification (PIV) card. The certification is a Department of Defense requirement and was implemented to provide security in electronic transactions. The certification software could cost approximately $100 - $120 per certificate, per year. The software is purchased from an approved External Certificate Authorities (ECA) vendor. Current information about the PKI certification process and for contacting approved ECA

00800-6 ED 18-001

vendors can be found on the web site: https://www.cpars.gov. If the Contractor wishes to participate in the performance evaluation process, access to CPARS and PKI certification is the sole responsibility of the Contractor.

https://www.cpars.gov/