Amendment 0009.pdf

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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 necessary to respond to RFIs and to extend the proposal due date. All other aspects remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

1 4

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

16C. DATE SIGNED

BY 23-Nov-2022

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 W912WJ22R0014

X 9B. DATED (SEE ITEM 11)

21-Sep-2022

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

23-Nov-2022

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:

W912WJ22R0014

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 0009

Requests for Information

1. Please consider extending the proposal due date by 1-2 weeks considering the extensive changes per Amendment 0007 that will require updated bids from subs and significant changes to our technical approach.

Moreover, with the Thanksgiving holiday next week, we’ll lose 4 days with minimal/no access to our subcontractors, further impacting our ability to effectively obtain accurate pricing data.

The proposal due date is extended to 09 December 2022 by this amendment.

2. Specification 01 33 00 Section 1.2.1 requires submission of surety bonds. However, there are no references in Section I Contract Clauses and no line item on the Bid Schedule for Surety Bonds. Please clarify whether surety bonds (e.g. performance and payment) are required for this Project.

Please identify which bid item the bond costs should be applied to, if they are required.

Surety bonds are not required for this project.

3. Per Amendment 0007, Joint Ventures are now to provide FAR 52.219-1, please identify where this document should be included in our response. Is Volume 2 appropriate?

Volume II is appropriate.

4. The file titled Amendment+0007_Specs+-+Revised no longer includes Specification Section 01 13 00 – Perimeter Air Monitoring and Emissions Control Plan. Will the government be issuing another revised version of the specifications that includes Section 01 13 00?

Amendment 0007 only included updated specifications. All other specifications in the original solicitation are still part of the work. Reference the original specification for Section 01 13 00.

5. Specification Section 02300, Sec. 3.01 - Surveying The specification says the following: The Contractor shall survey the final surface elevation of each layer of completed backfill with a Connecticut Registered Land Surveyor for payment quantity and as-built purposes.

Final thickness of placed backfill shall vary no more than 5% from the specified thickness.

The specification as written seems to imply that each lift of backfill should be surveyed which would require a surveyor to be on site during the entire duration of backfilling so that each lift could be surveyed.

Please clarify if the contractor should survey every lift of backfill or is the contractor required to only survey the final surface at grade for each excavation area.

The Contractor is only required to survey the final surface at grade for each excavation area.

6. Please clarify the answer from Question 19 of Amendment 7. Once the initial batch sample shows compliance with the discharge standards, it is assumed that continuous water treatment and dewatering will be allowed with routine compliance sampling done during operation and the system will not be shut down during any time unless there is a violation. Please confirm.

Continuous water treatment is not acceptable. Analytical results must be obtained prior to discharge.

7. The revised Specification Section 02240, Sec. 2.01 says the following: The Contractor shall provide a minimum of 20,000 gallons of water storage capacity at the influent side of the water treatment system and an additional 20,000 gallons of storage at the effluent end of the water treatment system to allow for buffering variation in the required dewatering system flow rates and to allow for collection of effluent samples prior to treatment system discharge so that excavation and backfill rates are not impeded.

Additionally, the answer to Question 19 says to assume one treated effluent tank. Given a maximum flow rate of 20 gpm, as identified in the revised specification 02240, approximately 12,000 gallons of water could be generated in one 10-hour day which would result in filling one frac tank in 1.5 days. Using this approach, the contractor would need to have a number of tanks on site to store the large volume of water expected during the multiple days required to excavate and backfill each excavation. Currently, quick turnaround time for laboratory reports is ranging from 5 to 7 days. If only one tank was used for treated effluent, the contractor would have to shut down operations until the sample results were received 5 to 7 days later. This would be a significant impact to the schedule.

The response to Question 32 indicates that 24-hour operation of the treatment system is not expected. It is important to note that stopping the pumping system at the end of the day may result in a delay in starting excavation/backfilling activities the next day while waiting on the water table to be lowered to the level needed. This start-stop approach may result in a significant impact to the schedule.

Based on the revisions presented in Appendix 0007, we have the following questions regarding dewatering:

a) Please clarify that treated water must be stored in frac tanks and sampled before water is allowed to be discharged.

b) Please clarify that continuous discharge of treated water after treatment and storage of one initial batch of water will not be allowed.

c) Please clarify the review time for the government to review analytical results before allowing discharge of each frac tank of treated water.

d) Please clarify that the general approach should include start-stop operation of the dewatering system where the system is shut down at the end of the day and restarted the next day, storage of all treated water in multiple frac tanks, and discharge of treated water from each frac tank only after lab results are approved by the government.

The Government acknowledges that there is uncertainty associated with the dewatering plan, which is mitigated by having a Cost plus Fixed Fee contract. After award, the contractor will be required to team with USACE and EPA to achieve an approved dewatering plan that mitigates risks. However, proposals should account for the following:

a) Treated water must be stored in frac tanks and sampled before water is discharged.

b) Continuous discharge of treated water is not permitted.

c) The Contractor shall prepare a dewatering plan for approval by the Government. The Contractor and the Government will collaborate to ensure that all items, including dewatering, are addressed in a manner that mitigates risk, including time-bound risks.

d) The Government does not anticipate that frac tanks will typically reach capacity and, therefore, start-stop operations will be infrequent. If frac tanks become full and must be sampled before discharge, Government approval of lab results is required before discharge.

8. Due to the significant changes required in Amendment 0007, please consider a 1-week extension to the proposal due date, as there is not sufficient time to be fully responsive to the revised RFP requirements within the time remaining. This extension is even more critical, considering the Thanksgiving holiday will take 3-5 days of the remaining time, which will impact our ability to obtain bids from subcontractors in a timely fashion prior to the current deadline. This request for an extension is due to multiple, other factors that are affecting the time needed to adequately prepare a complete and responsive cost plus fixed fee (CPFF) proposal, including:

• Lack of responsiveness from the local subcontractor community due to the limited interest in this complex project, their limited availability due to other conflicting construction projects, and/or their ability to respond by the current 02 December deadline—i.e., we have contacted 13 contractors to bid the underpinning work with one interested party that can’t meet the 02 December deadline and 9 electrical contractors with one interested party that also can’t meet the current deadline; both have indicated they will bid if they have additional time (i.e., extension to 09 December)

• Additional time to obtain new quotes from subcontractors to address new site details provided in Amendment 0007 and to closely evaluate the quotes, including the following:

• New gas line must be placed between Buildings A and B and temporary gas service must be provided during excavation and backfilling. Cut-over times must be less than one hour.

• Definition of existing electrical service sizes that must be factored into pricing for temporary and permanent electrical service

• Substantial larger storage building with garage doors no longer must be CMU and can be a prefabricated building with gas and electric service erected at a location east of the Phase 2 area

• Concrete pad and lean-to structure must be removed and replaced

• Dewatering system revisions are necessitated by revised requirement to maintain dry bottom of excavation rather than lowering groundwater level by 2 feet

• Water treatment facility revisions are necessitated by revised influent flow rate attributed to new dewatering requirement as well as requirement to include 20,000 gallons of storage (with freeze protection) for both influent and effluent waters to accommodate batch operations

• Additional electric line is to be removed, replaced, and tied into temporary power

• Bituminous concrete pavement milling is no longer required

• Change from police detail to flagger requirement at entrance

• Complex cost reimbursable requirements, including level of estimating details to address Volume II—Cost per Amendment 0005’s new/revised requirements Without an additional extension, we are very concerned that we may not be able to submit a proposal due to the complexity and time needed to address the new/revised proposal requirements.

Please see response to Question 1.

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 02-Dec-2022 01:00 PM to 09-Dec-2022 01:00 PM.

(End of Summary of Changes)