Amendment W912WJ20B0020-0003.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 provide responses to Request for Information (RFIs), and updated clauses 52.236-1 and 52.211-10 Alt I. All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

1 5

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

16C. DATE SIGNED

BY 06-Oct-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 W912WJ20B0020

X 9B. DATED (SEE ITEM 11)

04-Sep-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

06-Oct-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:

W912WJ20B0020

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00010 - SOLICITATION CONTRACT FORM

The following have been added by full text:

AMENDMENT 0003

SPECIFICATION CHANGES

1. In Section 01 11 00 “SUMMARY OF WORK” under subpart 1.11.1 titled “Hours of Operations,” remove subparagraphs 1.11.1a and 11.11.1b in their entirety (to include amended language provided under SPECIFICATION CHANGES number 1 and response to Question #4 as part of Amendment 0001), and then add the following verbiage under subparagraph 1.11.1:

The Contractor will be allowed to perform dredging, disposal, and dredged material placement work 24 hours a day, 7 days a week, including legal holidays, for the entire performance period of this contract.

CONTRACTOR QUESTIONS

Question #1: The addendum 0001 states contract performance is allowed between October 15, 2020 - January 31, 2020. The bid specifications mention 135 calendar days for project completion. Could the owner advise on how many calendar days we will have for substantial completion and for final completion?

Government Response 1: Please refer to FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984.) This clause outlines the period of performance for all contract work.

Some work activities may be further limited in certain areas at certain times, as described in the specifications.

Question #2: Will the owner share the bathymetric survey data from the pre-dredge survey for the contractor to utilize within the contractor's dredge HYPACK GPS?

Government Response 2: The Government’s pre-dredge survey of record for the contract, once completed, will be provided to the contractor

Question #3: The work hours listed within addendum 001 do not allow 24/7 work on Sunday. This is extremely restrictive and atypical of dredging projects, especially for a completion by Jan 31, 2021. This also poses a safety hazard to the night crew, as they will have to readjust to nighttime operations every week if off on Sunday. Can the owner allow 24/7 operations, including working on legal holidays?

Government Response 3: The contractor will be allowed to work 24 hours on Sunday and legal holidays. Please see the specification changed included with this amendment.

Question #4: Section 1.6.1.5.1 states that "a dredge crew with less than 8 employees" must have a CDSO instead of a SSHO. If working 2-shifts per day, are the 8 employees per shift or over both shifts?

Can the CDSO work hours be over 2 shifts (such as 12PM -12AM)?

Government Response 4: Regardless of shifts, the safety person ON WATCH during dredging and/or disposal operations must be a CDSO when the working crew is 8 employees or less. As specified under subparagraph 1.6.1.5.3 “Collateral Duty Safety Officer (CDSO) Requirements for Dredging”, the assigned CDSO must be an individual(s) with work oversight responsibilities, such as master, mate, fill foreman, or superintendent and not be an employee responsible for continuous mechanical or equipment operations, such as an equipment operator.

Question #5: On Page 5 of Section 01 71 23 it states that the contractor is to "conduct at his cost his own pre-dredge survey." This conflicts with previous contract language. Is the contractor conduct his own pre and post dredge surveys, in addition to the government supplied pre and post dredge surveys?

Government Response 5: The contractor is required to conduct his own pre-dredge survey. The contractor will also provide a “Contractor After Dredge Survey” as specified in Section 01 71 23 (FIELD ENGINEERING FOR DREDGING) under subparagraph 3.1.1 “Contractor Quality Control Surveys”.

Question #6: Section 30 20 25 Page 7 talks about excessive dredging. If the contractor over dredges, will the contractor be penalized for the CY x $/CY or will the excessive dredging simply not count towards payment?

Government Response 6: The Contractor will not be paid for any quantity of dredged material that is outside the limits of the dredge templates. Refer to Section 01 22 00 (MEASUREMENT AND PAYMENT) under Item Number 0002, "Dredging of Restoration Areas and Sedimentation Basins with Dredged Material Placement".

Question #7: We do not see any culverts across Atlantic Avenue. Is the contractor to place his pipeline across Atlantic Avenue and bury it as per page 221 of the specifications? Can we use a modular vehicle ramp over the pipeline instead?

Government Response 7: There are no existing culverts. The contractor is responsible for the crossing, whether it be across the top of road or buried. Refer to Detail E1 on contract drawing C-501 regarding alternative road crossings.

Question #8: In regards to Question #3 on Addendum 0001, can the government advise if the contractor will be paid based on the bathymetric surveyed in-situ CY dredged and not on the quantity of material that is shown on the beach post top survey?

Government Response 8: Payment will be based on what is specified in Section 01 22 00 (MEASUREMENT AND PAYMENT) under Item Number 0002, "Dredging of Restoration Areas and Sedimentation Basins with Dredged Material Placement".

Question #9: Section 52.236-1 PERFORMANCE OF WORK BY CONTRACTOR states that the "The Contractor shall perform on the site, and with its own organization, work equivalent to at least fifteen (15) percent of the total amount of work to be performed under the contract."

Can the government clarify how the contractor's "work" will be defined and calculated (i.e.

contractor's costs, prices given to the government, etc.)?

Government Response 9: Clause 52.236-1 is revised from15% to 40% (please see below). FAR Clause 52.236-1 establishes the minimum amount of work that the contractor must perform with its own forces.

As described in FAR 36.501(a), specialties that are usually subcontracted should not normally be considered in establishing the amount of work required to be performed by the contractor.

Question #10: Can the government advise if this means that the contractor is able to subcontract portions of the work to a large business, so long as the contractor performs 15 percent of the "work"?

Government Response 10: A small business can subcontract out work to a large business as long as it is not for the primary work under the contract, in this case dredging. Please note the change in percentage by referring to the answer to Question 9.

Question #11: From the files provided we have calculated volumes for each area of the project. Because of schedule constraints we would like to know if the volumes we calculated are correct or if the bid quantity of 70,900 CY is the correct quantity that we can expect in the field?

Government Response 11: The bidder will bid the project using the estimated quantities as specified on the bid schedule and solicitation.

Question #12: Does the conveyance system also have to be owned by the small business concern or can that be provided by the prime?

Government Response 12: The bidder is responsible for formulating its methods and partnering approach, and must comply with all contract clauses including FAR 52.236-1. FAR 52.236-1 does not specify equipment ownership, but rather the amount of work the contractor must perform with its own forces.

SECTION 00700 - CONTRACT CLAUSES

The following have been modified:

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least forty (40) percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

(End of clause)

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

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

ALTERNATE I (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 31 January 2021.

*The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by 30 October 2020 The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

(End of clause)

(End of Summary of Changes)