A21_-_W912P819B0042_Amend0001.pdf

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 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 your 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.

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

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION

NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

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.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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

IT MODIFIES THE CONTRACT/ORDER NO. 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 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)

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.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

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

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

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

Solicitation W912P819B0042, Atchafalaya Basin, Gulf Intracoastal Waterway (GIWW) and Miscellaneous Projects Cutterhead Dredge Rental, is hereby amended as follows:

1.) SEE CONTINUATION SHEET FOR AMENDED LANGUAGE

2.) Bid opening date is established at 2:00PM CDT, Thursday, 27 June 2019.

USACE, CONTRACTING DIVISION

ATTN: CEMVN-CT, ROOM 172

7400 LEAKE AVE.

NEW ORLEANS LA 70118-3651

W912P819B0042

OM 19-06506/20/2019

05/17/2019

1 9

W912P8-19-B-0042 Amendment 0001

CONTINUATION SHEET 2019 Indefinite Delivery, Indefinite Quantity (IDIQ) Atchafalaya Basin, Gulf Intracoastal Waterway (GIWW), and Miscellaneous Projects, Cutterhead Dredge Rental. Solicitation No. W912P819B0042. OM-19-065.

1. Contractors shall be aware that the first task order will be issued following award of base contract.

2. Section 00010, paragraph 1.2 “Bid Form Notes”: In the last sentence of subparagraph c, delete “Quality Control System” and replace with “Resident Management System”.

3. Section 35 20 23.23, paragraph 1.2.3.e “70% Pay Time Hours”: In Item (8), delete “Up to four” and replace with “Up to four hours”. In Item (11), delete “70%”.

FY 2019 IDIQ Atchafalaya Basin, GIWW & Misc. Projects OM19065

1.2 BID FORM NOTES

a. Bidders shall bid on all items including optional items (see "Evaluation of Options" FAR 52.217-5). Failure to bid on all items will result in a non-responsive bid.

b. Any bid may be rejected if the Contracting Officer or his/her authorized representative determines in writing that it is unreasonable as to price. Unreasonableness of price includes not only the total price of the bid, but the prices for individual line items as well. Any bid may be rejected if the prices for any line items or subline items are materially unbalanced (see "Rejection of Individual Bids" FAR 14.404-2).

c. THE NOTICE TO PROCEED (NTP): The successful bidder is advised that performance and payment bonds shall be submitted in accordance with the time frame in block 12B of SF 1442 after Notice of Award. The NTP will be issued after verification of acceptable performance and payment bonds. Within two (2) days after issuance of the NTP, the Contractor shall initiate a meeting to discuss the submittal process with the Contracting Officer or his authorized representative. Physical work cannot start until the Resident Management System is set-up, the Accident Prevention Program and other required submittals have been submitted and approved, and all preliminary meetings called for under the contract have been conducted.

d. RAPID VENDOR PAYMENT: See the following web based instructions for the submission of invoices:

www.mvn.usace.army.mil/BusinessWithUs/Contracting/RapidVendorPayment.

aspx.

e. For the initial mobilization site, see Section 00800, paragraph entitled "Delivery of Plant".

f. THE VARIATION IN ESTIMATED QUANTITIES CLAUSE, FAR 52.211-18, DOES NOT APPLY TO THIS CONTRACT. Under legal principles applicable to IDIQ quantity estimates, a contractor has no basis to rely on those quantity estimates and is entitled to no additional compensation for increased costs due to the variation.

The bidding schedules presented are for evaluation purposes, only to obtain unit prices. The Government will not be bound to any of the quantities listed. The Government will pay for the full amount of legitimate hours worked, regardless of the number of estimated hours in the bid schedule.

For example, if task order "x" estimates 100 hours to dredge and actual time is 125 hours to complete the work in the designated reach, then the task order will be modified so that the contractor gets paid for work accomplished. Conversely, if task order "x" estimates 100 hours to dredge and actual time is 75 hours, then the task order will be modified so that the contractor gets paid for fewer hours than initially estimated.

g. The unit "job" is a one-time payment for work performed. "Job" is synonymous with the previously used term "lump sum".

SECTION 00010 Page 8

1.3 TYPE OF CONTRACT

This solicitation is for an Indefinite Delivery-Indefinite Quantity (Task Order) Contract for the rental, on an hourly basis, of one fully operational cutterhead dredge with attendant plant. The task orders for the rental will be placed in accordance with the terms and conditions of this contract as requirements are identified during the stated contract period. Task orders will be issued for all dredging work to be performed under this IDIQ contract.

1.4 CONTRACT PERIOD / ORDERING PERIOD

The contract period / ordering period shall commence on the date of contract award and may remain in effect for a 21 month period. Task orders will be issued to the Contractor consecutively with no interruptions of work for the approximate number of days shown in the table in this section entitled "Approximate Cutterhead Dredge Contract Duration (Initial Consecutive Task Orders)". Upon completion of consecutive task orders, the Government will release the dredge to the Contractor. However, after the dredge has been released, additional task orders may be issued during the contract period. If the Government deems that there is a need for additional work after the dredge has been released, an Individual Request for Proposal (RFP) detailing the scope of work will be sent to the Contractor allowing only the negotiation of Bid Item 0002 "Additional Mobilization and Demobilization", with all other work within the RFP to be paid at the unit prices in the original bid. Upon receipt of the Contractor's proposal, the Government will review the proposal. If mutually agreeable, the non-consective task order will be issued. If not mutually agreeable to either party, the Government may seek other contractual means to accomplish the work.

1.5 BIDDING

a. The bidder shall select only one bid lot, determined by the class of dredge intended to be used. Bids which are submitted on an inappropriate bid lot will be declared non-responsive.

b. Bidders shall furnish unit prices for all items listed on the schedule of bid items that require unit prices. If the bidder fails to insert a unit price in the appropriate blank for required items but does furnish an extended total or an estimated amount for such items, the Government will deem the unit price to be the quotient obtained by dividing the extended estimated amount for that line item by the quantity. IF THE BIDDER OMITS BOTH THE UNIT PRICE AND THE EXTENDED

ESTIMATED AMOUNT FOR ANY REQUIRED ITEM, THE BID WILL BE DECLARED

NON-RESPONSIVE.

1.6 EVALUATION OF BIDS

a. To provide fair competition between dredges of dissimilar sizes and production rates, the hourly dredging quantities have been determined based on the estimated quantity of shoal material to be removed and the nominal production rates of the dredges in each bid lot. The production rates shown in the paragraph entitled "Minimum Production Rate Requirements" located in the Dredging Regions Section(s) were used to make this determination.

b. The nominal dredge production rates listed in this solicitation were conservatively estimated based on lower-bound material face

SECTION 00010 Page 9 availability of this solicitation's dredging regions, which have variable and dynamic shoaling conditions. It is the bidder's responsibility to make its own assessment of the actual dredging conditions in order to prepare a bid for this work.

c. Award will be made to that responsible bidder presenting the lowest priced responsive bid in response to this solicitation, regardless of the Bid Lot used.

d. The hourly quantities shown on the bid lots (Bid Item, "Dredging") are 100% pay time hours. The actual term of the dredge rental may vary as a result of fractional pay time. Refer to Section 35 20 23.23, paragraph entitled "Dredging Item", for additional information.

1.7 CONDITIONS OF CONTRACT AWARD

a. Award will be made as a whole to one bidder. The dredge and attendant plant offered in the bidding schedule shall be complete with full operating personnel and in operating status for the contract period. EM 385-1-1, Section 19, "Floating Plant and Marine Activities" shall be complied with at all times. NOTE: All work under these specifications shall be performed in accordance with the provisions of EM 385-1-1 "Army Corps of Engineers Safety and Health Requirements manual", latest edition.

b. The number of hours of rental time stated in the bidding schedule is an estimated quantity. The dredge and attendant plant will be retained for an approximate number of days shown in the table below no later than 240 hrs after receipt of Government Notice to Proceed by the Contractor.

APPROXIMATE CUTTERHEAD DREDGE

CONTRACT DURATION

(INITIAL CONSECUTIVE TASK ORDERS)

Bid Lot Discharge Line ID

(INCHES)

SUBMERGED

PUMP

Approximate Number of Rental Days

1 24 NO 120

2 24 YES 100

3 27 NO 99

4 30 NO 84

5 30 YES 68

c. The bidder shall be capable of providing for assignment of the dredge and all attendant plant, complete and in full operating condition in all respects, no later than 240 hours after receipt of Notice to Proceed by the Contractor.

1.8 BIDDER QUALIFICATIONS

a. Before the Government will award a contract based on this solicitation, the apparent low bidder shall establish that it is

SECTION 00010 Page 10 responsible and entitled to award of the contract, by certifying that its dredge meets the appropriate production rate for the dredging region, as listed in the paragraph entitled "Minimum Production Rate Requirements" located in the Dredging Regions Section(s). The dredge must have performed at, or above, the listed production rate for at least 85 percent of the total contract duration, on any contracts that are used to prove plant capability, within three years prior to the bid opening date of this solicitation. Failure to establish the dredge's capability to meet the required production rate will result in a finding of non-responsibility.

b. A bidder may be rejected as non-responsible if it cannot show the necessary capital, experience, or equipment needed to perform the work described under this solicitation (see "Responsible Prospective Contractors" FAR 9.1). The bidder must also show that the dredge and attendant plant are not already obligated for the performance of other work which would delay commencement, performance, and completion of the solicited work; and must show that delivery of the dredge and attendant plant to the site of work can be made within the time allowed in the specifications.

c. Bidders must register in the System for Award Management (SAM) database in accordance with FAR 52.204-7.

1.9 PRE-AWARD INSPECTION OF PLANT

a. The apparent low bidder shall make the dredge and attendant plant available for inspection, to determine compliance with these specifications, as soon as practicable after bids are opened, and prior to contract award. If deficiencies are found during the inspection, the bidder will be notified in writing, which may be transmitted by email or facsimile. Upon receipt of such notice, the bidder shall correct all deficiencies at least two calendar days in advance of the projected contract award date.

b. Two calendar days before the projected award date, or upon notification by the bidder that the deficiencies have been corrected, a Government representative will re-inspect the dredge and attendant plant. If at that time the dredge and attendant plant do not meet the requirements of these specifications, the bidder will be rejected as non-responsible.

c. The Government may choose to waive the pre-award inspection if the projected contract award date is less than five calendar days after the bid opening date. Waiver of the pre-award inspection does not relieve the bidder from the requirement to provide a dredge and attendant plant in full compliance with the specifications.

1.10 MINIMUM AND MAXIMUM ORDERS

Refer to contract clause entitled "Order Limitations" (FAR

52.216-19-OCT 1995).

1.11 OPTION ITEMS

The Government may require the delivery of, in whole or part, any Option Items. The Government may exercise an Option Item by written notice to the Contractor. If the Government activates the Option Item, the activation will occur while the Contractor's equipment is in the

SECTION 00010 Page 11 work vicinity as described in the applicable Dredging Region Section(s).

(1) "Option Item 0007: Additional Pumping Capability for Dredging Payment Item 0003" shall be activated concurrently with the "Dredging" work.

(2) "Option Item 0007: Additional Pumping Capability for Dredging Payment Item 0003" shall be activated when the required pumping distance exceeds 10,500 feet of pipeline for any location.

(3) "Option Item 0008: Mobilization and Demobilization of Additional Pumping Capability Equipment for Payment Item 0007" shall be activated concurrently with "Option Item 0007: Additional Pumping Capability for Dredging Payment Item 0003".

1.12 DEFINITIONS

a. Consecutive task order = a task order that the Government issues to the Contractor in order to provide continuous operation of the dredge and attendant plant. Consecutive task orders are unilaterially made and do not require mutual agreement. The Contractor must perform consecutive task orders. The Contractor must commence dredging immediately upon completion of previous task order(s).

b. Non-consecutive task order = a task order that the Government issues to the Contractor after the Government released the dredge and attendant plant to the Contractor and prior to expiration of the contract period. A non-consecutive task order requires mutual agreement between the Government and the Contractor prior to issuance.

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section --

SECTION 00010 Page 12 payment hours in accordance with the paragraph entitled "Dredging Performance Pay Adjustments" when working in "Standard" dredging reaches and conditions. If the Contractor's dredge is working in a "Non-Standard" dredging reach or condition as defined in the paragraph entitled "Dredging in Non-Standard Reaches and Conditions", and the dredge is producing at rates less than the required minimum, then payment for 100% pay time hours will be made at the contract hourly rate for the dredging payment items without downward adjustment. The Contractor will receive upward performance adjustments in "Non-Standard" dredging reaches/conditions, if the contract minimum dredging rate is exceeded.

e. 70% Pay Time Hours. The following will be considered non-effective dredge time. The actual hours clocked as 70% pay time hours that fall within the definition of this subparagraph will be measured to the nearest minute and converted to base payment hours as specified in the paragraph entitled "Payment Hours".

(1) Changing location of plant within a job assignment;

(2) Movement of the dredge and attendant plant from one assignment to another assignment within the same dredging region or from one dredging region to another, using dredge towing services paid under the towing service payment items. All 70% pay time under this subparagraph shall be measured from the time material stops flowing out of the discharge line, until the time material is flowing out of the discharge pipeline at the new location. The pay time shall include preparations time and time to move the dredge to the new dredging location with the preparation time limited to 6 hours each to stop and start up. Moving time shall be calculated by dividing the shortest distance from the current dredging location to the new dredging location, by the minimum required towing rate of 3 mph;

(3) Stopping work to permit the passage of other vessels, or allowing vessels to dock or depart from a wharf. The Contractor shall make such openings upon signal of any vessel or craft desiring to pass;

(4) Moving swing anchors and wires, and adjusting spud slings made necessary by the progress of the work;

(5) Up to two hours for the purpose of adding or removing floating discharge pipeline;

(6) Up to four hours for the purpose of handling in-place submerged pipeline in the event it becomes necessary to relocate or reconfigure the discharge pipeline to maximize pipeline length;

(7) Time for the purpose of handling shore discharge pipeline, if applicable;

(8) Up to four hours at a time for the purpose of changing/modifying the cutterhead to a different size or type, or for the purpose of replacing the pump impeller with a different size or type, or for replacing blades in the pump or wipers on the cutter;

(9) Removal of debris and obstructions from the pump, pipeline, and cutterhead, and washing out the pipeline before handling;

SECTION 35 20 23.23 Page 5

(10) Repair or replacement of floating pipeline sections when pontoons are damaged through no fault or negligence of the Contractor;

(11) Changing to spuds of different lengths, up to four hours at a time;

(12) Seeking a harbor of refuge because of an approaching hurricane or tropical storm. Pay time will remain at 70% for the duration for up to 36 hours when it becomes necessary to seek a harbor of refuge for hurricanes or tropical storms. Towing costs for moving to and from harbor of refuge will be at the Contractor's expense. Refer to the paragraph entitled "35% Pay Time Hours" for payment of time during ordinary inclement weather on an assignment or while en route between assignments;

(13) Delays caused by others, which are beyond the control of the Contractor, at the direction of the Contracting Officer, or due to lack of a dredging assignment.

f. 35% Pay Time Hours.

(1) Ordinary inclement weather on an assignment or while enroute between assignments, except for hurricanes and tropical storms, shall be considered as 35% pay time hours and shall be measured to the nearest minute and converted to base payment hours as specified in the paragraph entitled "Payment Hours". The plant shall be placed in inclement weather status upon commencement of moving to the harbor of refuge site approved by the Contracting Officer. No payment, or division of payment, shall be made for other items or work from the time when the Contracting Officer places the plant in inclement weather status to the time it is removed from that status by the Contracting Officer. Payment for moving from the harbor of refuge location to a new assigned dredging location shall be made using the inclement weather pay status. Towing costs for moving to and from harbor of refuge shall be at the Contractor's expense. Refer to the paragraph entitled "70% Pay Time Hours" for payment of time during hurricanes and tropical storms.

g. 0% Pay Time Hours. No payment for dredge time will be made for time lost:

(1) at the direction of the Contractor;

(2) when, through the fault or negligence of the Contractor, part of the necessary equipment is unserviceable or not available;

(3) due to shutdowns for the repair or replacement of worn-out or unserviceable equipment;

(4) when the plant is idle because the Contractor has failed to give notice of assignment completion;

(5) due to late arrival of towboats;

(6) for removing misplaced material or obstructions;.

(7) due to shutdowns for nonconformance with safety requirements;

SECTION 35 20 23.23 Page 6