Amendment 0001 W912P826BA011.pdf

6. On specification pages 68-69 referencing FAR 52.222-33 "Notice of Requirement for Project

Labor Agreement" This requirement has been challenged in the courts and taken out of previous solicitations. Will this requirement also be taken out of this solicitation?

As part of the Government's continued evaluation of PLA requirements, a new Sources Sought has been issued to gather comments and information from interested parties regarding the effect of PLA requirements for this project. We invite all/any interested parties to see Sources

Sought no. W912P826-SS-0006 to provide relevant information that will be used to asses a potential exception. This Source Sought will be open for 5 business days, closing for comments on 10 March 2026."

7. Regarding Section O 1 00 00 - General Requirements, and FAR articles 52.222-33 and 34: As you may be aware, a federal judge recently ruled that the inclusion of a PLA in a solicitation violates the Competition in Contracting Act (CICA).

In response to the judge's ruling, all PLAs were removed from the twelve protested solicitations. The PLAs were removed because per the language of the Executive Order implementing the PLA requirement, such a requirement only applies if the PLA does not violate a statute.

Since those twelve PLAs were removed, at least twenty-one additional cases have been filed in the Court of Federal Claims related to the incorporation of PLA mandates in solicitations.

Of the six that are resolved, the corrective action has been the removal of the PLA mandate from the solicitation. The other sixteen remain pending. In all cases, the project schedules have been severely impacted, and no PLA requirement has withstood judicial scrutiny.

In the interest of keeping the project moving forward, avoiding similar legal entanglements, and not risking significant schedule slippage, please issue an amendment removing the PLA requirement from this solicitation.

As part of the Government's continued evaluation of PLA requirements, a new Sources

Sought has been issued to gather comments and information from interested parties regarding the effect of PLA requirements for this project. We invite all/any interested parties to see Sources Sought no. W912P826-SS-0006 to provide relevant information that will be used to asses a potential exception. This Source Sought will be open for 5 business days, closing for comments on 10 March 2026."

SECTION 00010

Pages 8-11/310. Delete these pages in their entirety and substitute the attached revised pages 00010-1, 2, 3, therefore.

SECTION 00700

Page 79/310, LIQUIDATED DAMAGES - CONSTRUCTION (FAR 52.211-12 – SEPT 2000). Delete this clause in its entirety and substitute the following therefore :

“LIQUIDATED DAMAGES - CONSTRUCTION (FAR 52.211-12 – SEPT 2000)

(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 $4,460.00 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 Termination clause.

(END OF CLAUSE)"

SECTION 1100

Page 14, paragraph 15a. Delete this paragraph in its entirety and substitute the following therefore:

a. Benchmark And Project Temporary Benchmarks (TBM). To ensure local/internal consistency, the contractor shall verify all project benchmarks using differential leveling in accordance with section d of the "usace new orleans district guide for minimum survey standards". The differential levels must be to second order class ii closure standards, as defined in appendix 4 of the afore mentioned survey standards, and as follows : closure error (in feet) must be less than or equal to

0.035 x ? (distance in miles). Ties between the « project controls" identified on the drawings and the Contractor utilized temporary benchmarks shall be performed at least every 6 months using differential leveling. Field notes showing all data and the closure error shall be provided to the government. Field records of these survey verifications shall be submitted in a survey report, which shall be updated with each periodic verification. The benchmark verification survey shall be performed and report signed and sealed by a licensed surveyor.

DRAWINGS

SHEET IDENTIFICATION Nos. G-002, G-003, and G-004. Delete these drawings in their entirety and substitute with the attached revised drawings SHEET IDENTIFICATION Nos. G-002, G-003, and G- 004, therefore.

00010-1 ED 26-001

SECTION 00010 BIDDING SCHEDULE

Grand Isle and Vicinity, Hurricane Ida Repairs, Stone Segmented Breakwaters Jefferson Parish, LA

Item Description Estimated Quantity Unit Unit Price Estimated Amount

0001 Mobilization and Demobilization 1 JOB $ $

0002 Separator Geotextile 78,000 SY $ $

0003 Navigation Lights and Platforms 10 EA $ $

0004 Armor Stone

0004AA First 180,000 TON 180,000 TON $ $

0004AB All over 180,000 TON 50,000 TON $ $

0005 Core Material

0005AA First 11,500 TON 11,500 TON $ $

0005AB All over 11,500 TON 2,000 TON $ $

0006 Bedding Material

0006AA First 16,000 TON 16,000 TON

0006AB All over 16,000 TON 3,000 TON

TOTAL : $

**The unit "JOB" as used in this Bidding Schedule is synonymous with the term "Lump Sum" used elsewhere within these plans and specifications.

Award will be made as a whole to one bidder.

NOTE 1: Bidders shall furnish unit prices for each item listed in the Schedule requiring a unit price. If the bidder fails to insert a unit price in the appropriate blank for required item(s), but does furnish an extended total, or an estimated amount for such item(s), the Government shall deem the unit price to be the quotient obtained by dividing the extended amount for that line item by the quantity. IF A BIDDER OMITS BOTH THE

UNIT PRICE AND THE EXTENDED TOTAL OR ESTIMATED AMOUNT FOR ANY

ITEM, ITS BID SHALL BE DECLARED NON-RESPONSIVE AND THEREFORE

INELIGIBLE FOR AWARD.

NOTE 2: Any bid may be rejected if the Contracting Officer determines in writing that it is unreasonable as to price. Unreasonableness of price includes not only total price of bid, but the price for individual line items as well. Any bid may be rejected if the prices for any line items or sub line items are materially unbalanced (See FAR 14.404-2, 00010-2 ED 26-001

Rejection of Individual Bids).

NOTE 3: 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. The NTP will be issued immediately after verification of acceptable performance and payment bonds. Within seven (7) days after issuance of the NTP, the Contractor shall initiate a meeting to discuss the submittal process with the Area or Resident Engineer or his authorized representative. Physical work cannot start until the Accident Prevention Plan, Contractor Quality Control Plan, and other submittals which may be required, have been submitted and approved and all preliminary meetings called for under the contract, have been conducted.

NOTE 4: RAPID VENDOR PAYMENT: Web based instructions for the submission of invoices;

https://www.mvn.usace.army.mil/Business-With-Us/Contracting/Rapid-Vendor-

Payment/

NOTE 5: EVALUATION OF SUBDIVIDED ITEMS.

Item Nos. 0004, 0005 and 0006 are subdivided into two or more estimated quantities and are to be separately priced. The Government will evaluate each of these items on the basis of total price of its sub-items.

(End of Clause)

00010-3 ED 26-001

VARIATIONS IN ESTIMATED QUANTITIES - SUBDIVIDED ITEMS.

The Variations in Estimated Quantities Subdivided Items clause is applicable in Item Nos. 0004, 0005 and 0006.

a. Variations from the estimated quantity in the actual work performed under any second or subsequent sub-item or elimination of all work under such a second or subsequent sub-item will not be the basis for an adjustment in contract unit price.

b. Where the actual quantity of work performed for item Nos.

0004, 0005, and 0006 is less than 85% of the quantity of the first subline item listed under such item, the contractor will be paid at the contract unit price for that subline item for the actual quantity of work performed and, in addition, an equitable adjustment shall be made in accordance with VARIATION IN

ESTIMATED QUANTITY.

c. If the quantity of work performed under Item No. 0004, 0005 or 0006 exceeds 115% or is less than 85% of the total estimated quantity of the sub-items under that item, and/or if the quantity of work performed under the second sub-item or any subsequent sub-item under Item No.

0004, 0005 and 0006 exceeds 115% or is less than 85% of the estimated quantity of any such sub-item, and if such variation causes an increase or a decrease in the time required for performance of this contract, the contract completion time will be adjusted in accordance with

VARIATION IN ESTIMATED QUANTITY.

(End of Clause)