Amendment_W912WJ18B0004-0007.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

This amendment is issued to: 1. Remove the Special Continuing Contracts clause UAI 5152.232-9001; 2. Inserting DFARS 252.232-7007; and

3. Provide responses to Requests for Information (RFI).

THIS AMENDMENT PUBLISHES A NEW BID OPENING DATE OF MONDAY, JANUARY 29, 2018.

1. CONTRACT ID CODE PAGE OF PAGES

1 5

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

16C. DATE SIGNED

BY 20-Jan-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 W912WJ-18-B-0004

X 9B. DATED (SEE ITEM 11)

16-Nov-2017

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 X is extended, 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 1 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

20-Jan-2018

CODE

U S ARMY ENGR DISTRICT, NEW ENGLAND

696 VIRGINIA RD

CONCORD MA 01742-2751

W912WJ 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912WJ-18-B-0004

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

RFI0007

Amendment 0007

1. The specs mention that the fisheries observer is required to write an after-action report for each dredged material disposal event. Is there a template of this report or does the observer write-up a narrative addressing the information required in the specs?

GOVERNMENT RESPONSE: The observer write-up should be a narrative addressing the information required in the specifications

2. Is the summary report from the fisheries observer a brief one or two –page summary of the after-action reports or does the Corps require a more in-depth final report?

GOVERNMENT RESPONSE: The summary report should include all the pertinent details needed to summarize the observer's findings, issues encountered (if any), and efforts taken to avoid/minimize potential issues.

3. Section 01 11 00, Page 11, subsection 1.10.1 “Police Details” states the following:

“The Contractor shall coordinate with Sergeant Cheevers of the Boston Police for Boston Harbor Police details for this project (see point of contact information in Subpart "Weekly Schedule to Users of the Harbor" in this section). The details will require the use of a police marine vessel and crew. The details are required 12 hours per day (8:00 am through 8:00 pm), seven days per week, beginning the Friday before Memorial Day and continuing through Labor Day for each year of this contract. The Contractor is responsible for all costs associated with the Boston Harbor Police details.”

Is the police detail noted above required between Memorial Day and Labor Day each year regardless of where the dredging equipment is working? For example, if the dredge is working at the furthest offshore reach of the Broad Sound North Channel, is a police detail still required?

GOVERNMENT RESPONSE: Yes the detail is required as stated in the spec. There are no locations where an exception exists.

4. Section 35 20 23, Page 8, subsection 3.1.2 “Disposal of Excavated Material” states:

“The material excavated shall be transported and disposed as specified in this section. Other dredged material disposal providing a beneficial use such as landfill daily cover or capping, as identified by the Contractor and approved by the Contracting Officer, is encouraged. Except as otherwise authorized by the Contracting Officer in writing, no dumping shall be done unless an inspector approved by the U.S. Army Corps of Engineers is present at the time.”

Is an inspector required for all disposal events at the Massachusetts Bay Disposal Site?

GOVERNMENT RESPONSE: Section 35 20 23 DREDGING, Subpart 3.1.2 "Disposal of Excavated Material"; in the first paragraph of this Subpart, delete the third (last) sentence, which reads as follows:

"Except as otherwise authorized by the Contracting Officer in writing, no dumping shall be done unless an inspector approved by the U.S. Army Corps of Engineers is present at the time."

SECTION 00010 - SOLICITATION CONTRACT FORM

The required response date/time has changed from 03-Jan-2018 02:00 PM to 29-Jan-2018 02:00 PM.

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

The following have been added by full text:

252.232-7007 LIMITATION OF GOVERNMENT'S OBLIGATION (APR 2014)

(a) Contract line item(s) 0002 is/are incrementally funded. For this/these item(s), the sum of $85 Million of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph

(j) of this clause.

(b) For items(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "TERMINATION FOR THE CONVENIENCE OF THE GOVERNMENT." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit and estimated termination settlement costs for those item(s).

(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause, or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "TERMINATION FOR THE

CONVENIENCE OF THE GOVERNMENT".

(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph

(a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds.

The provisions of paragraph (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "disputes."

(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.

(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled "DEFAULT." The provisions of this clause are limited to work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract if fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) or

(e) of this clause.

(h) Nothing in this clause affects the right of the Government to this contract pursuant to the clause of this contract entitled "TERMINATION FOR CONVENIENCE OF THE GOVERNMENT."

(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.

(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:

On execution of contract: $85 M

FY 19: $20 M

FY 20: $60 M

(End of clause)

The following have been deleted:

UAI 5152.232-9001 SPECIAL CONTINUING CONTRACT FOR CIVIL WORKS PROJECT MANAGED BY

THE UNITED STATES ARMY CORPS OF ENGINEERS (USACE) [DEVIATION]

(End of Summary of Changes)