W912WJ20B0007 Amendment 0004.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 purpose of this amendment is to provide answ ers to Requests for Information and to extend the period of performance. Additionally, offerors are advised that, due to COVID restrictions, any bidders intending to visit the site MUST register ahead of time or w ill be unable to access the site. All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

1 3

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

16C. DATE SIGNED

BY 24-Jun-2020

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 W912WJ20B0007

X 9B. DATED (SEE ITEM 11)

21-May-2020

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 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

24-Jun-2020

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:

W912WJ20B0007

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:

AMENDMENT 0004

1. Standard Form 1442 Block 10 states “The Passamaquoddy Tribe has adopted Tribal Employment Rights Ordinance (TERO) No. 1 at the Pleasant Point Reservation. Contractor shall work with the Tribes as a municipal or local authority per FAR 52.236-7 Permits and Responsibilities Clause.” I have tried to research “TERO No.1” and have found no clear information. I have found several articles including some that imply that TERO does not apply to State of Federal funded project.

Can you please provide clarity on what the contractor is expected to do to comply with this Ordinance?

Answer: Please see block 10 of the solicitation. USACE does not maintain information on those requirements.

Can you provide what permits and or Taxes are required to be paid to the Tribe as that is not clear from my research?

Answer: Please see block 10 of the solicitation. USACE does not maintain information on those requirements.

2. Standard Form 1442 Block 11 identifies the contract time of 180 Calendar days to complete the work after notice to proceed. Block 13D requires up to 60 days for Government acceptance. With a late June Bid date it is conceivable that the Contractor could receive NTP in late August. This would compute out to a late February completion date. Based on clause 52.236-4002 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER, December, January, and February have very few Work-Days available after deducting weather and holidays. This would, in practical terms require the Contractor to complete the work in November. I also question how many days we can safely work in November given the need to transport material over the road (potential for icy roads). This completion date is further complicated by the available material source and testing requirements. It is stated in the specifications that the Rock testing can take 8 weeks. If this is the case, we only have 1 month to perform the work.

Will the contract time be suspended if the Contractor shuts down at a date of his choosing for winter and start counting when the Contractor chooses to resume on site operations? OR Can you extend the completion date to account for shut down?

Answer: Please see the updates with this amendment.

3. Where the stockpile for existing stone is, can all excavated material be disposed of at this location?

Answer: No, only the existing revetment stone shall be stockpiled. Refer to Note 9 on sheet G-101 of the contract drawings.

4. Can excavated beach material be used as underlayment stone?

Answer: No, underlayer stone shall be new material that meets the requirement of contract specification Section 35 31 19 and sheet C-301 of the contract drawings.

5. Standard Form 1442 Block 10 states “The Passamaquoddy Tribe has adopted Tribal Employment Rights Ordinance (TERO) No. 1 at the Pleasant Point Reservation. Contractor shall work with the Tribes as a municipal or local authority per FAR 52.236-7 Permits and Responsibilities Clause.” I have discussed with

W912WJ20B0007

the Tribe (per addendum #2 RFI response #4) the TERO requirements and it is my understanding that the Tribe will impose a 3% tax on the contract value to be paid by the Contractor. Will the Government consider modifying the Bidding Schedule Form by adding a line after “Total Estimated Amount” for the Contractor to add the 3% and then a Grand Total? I believe this will keep all bidders on a level playing field and Identify for the Tribe the tax amount.

Answer: No, the bid schedule remains unchanged.

6. During my discussions with the Tribe (I understand these discussions do NOT have contractual implications and all changes must come from the Corps via addendum) they mentioned that there may be a conflict regarding the area shown on the plans to stockpile existing revetment stone (area may be committed to the Utility Contractor). They also mentioned that they may want excess excavated material.

Can you please confirm the removed revetment stone stockpile location and if the excess excavated material will be delivered to the Tribe and the location of that excess excavated material stockpile if so.

Answer: The removed revetment stone stockpile location is what is shown on the contract drawings. The Contractor has to haul off the excess excavated material per note 9 on sheet G-101 of contract drawings.

7. The Haul/Access road and route 190 intersection looks narrow and we will have many truck trips passing through that point.

Will Police details be required at the Haul/Access road and route 190?

Answer: No, police detail will not be required.

Can you add an allowance item to reimburse the Contractor if police / flagger is required?

Answer: No.

SECTION 00010 - SOLICITATION CONTRACT FORM

The contractor period of performance end date has increased by 90 days from 180 days to 270 days.

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 15 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 270 calendar days. The time stated for completion shall include final cleanup of the premises.

(End of clause)

(End of Summary of Changes)