Amendment 0012.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 extend the bid opening date from 1:00 pm est 21 Jan 2021 to 1 pm est 26 January 2021 and to provide responses to Requests for Information (RFIs). All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

1 2

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

16C. DATE SIGNED

BY 19-Jan-2021

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 W912WJ21B0001

X 9B. DATED (SEE ITEM 11)

14-Oct-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 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

19-Jan-2021

CODE

US ARMY ENGR DISTRICT, NEW ENGLAND

696 VIRGINIA ROAD

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:

W912WJ21B0001

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

The required response date/time has changed from 21-Jan-2021 01:00 PM to 26-Jan-2021 01:00 PM.

The following have been added by full text:

AMENDMENT 0012 RFIs

1. Drawings C101 to C104

Thank you for providing XYZ data of recent conditions. However, can you please address the following:

a. We understand that there will be some inconsistencies until pre dredge survey is performed but the XYZ data suggests a significantly greater areas of above -49 MLLW and -42 MLLw in respective work areas and therefore, suggest a much larger drilling and blasting footprint.

b. Can the Corps confirm that the shaded areas as provided in Plan Drawings C-101 through C-104 are representative of what rock is to be removed under the scope of work, respective Bid Items?

Specifications don’t clearly define intention of rock above-49 MLLW but below -47 MLLW.

GOVERNMENT RESPONSE:

a. Limits shown on the Contract drawings are all that is required for the Government contract. The Government does not dictate means and methods. Contractor should refer to the notes on C-301 under F1, D1, A1, & E6.

b. Refer to the legend on G-002 and the notes on sheet C-101, C-102, C-103 & C-104. In addition to those notes, refer to “Inset A – Typical Section (Government Pay Limit)” on C-301.

2. According to Addendum No. 10 to Solicitation W912WJ21B0001, the bid opening date has been extended to January 21, 2021 due to the filing of a pre-bid protest. We can only imagine that the protest is a charade and makes a mockery of the Government procurement system as we, up to this point, can find no plausible basis for any sort of pre-bid protest. We further assume that the referenced protest is an Agency level protest as we can find no such protest on the GAO docket.

If in fact this is an Agency level protest, then we urge the Agency to consider delaying the bid opening date to sometime after the protest and any potential follow-on GAO protest are resolved. GAO’s rules permit a protester to file a GAO protest within 10 days of its knowledge of adverse agency action, even if that GAO protest is filed after bid opening. 4 C.F.R. 21.2(a)(3). We are concerned that if bids are opened and the protester then files at GAO, and GAO sustains that protest, the protester will then be in a position where it could rebid having seen all bidders’ prices. This, of course, would harm the competitive balance and would seem to make a farce of the fair and open competition concepts underpinning the Government procurement system. We therefore ask that you issue an amendment suspending the bid date until the pre-bid protest, including any potential GAO protest, is fully resolved.

GOVERNMENT RESPONSE: The Government does not intend to open bids until any pre-bid protests are resolved.

(End of Summary of Changes)