Attachment 2 - 001SuperStrucuture Specs and Amendments.pdf

W38XGR41129999 W912EQ-14-B-0010

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 solicitation is for Grand Prairie Pumping Station Superstructure and Installation of Equipment (Base Bid) and Installation of Discharge Pipe Station 13+50 to 22+00 (Option Work) on the White River near De Valls Bluff, Prairie County, AR, is amended as follow s:

"CONTINUED ON NEXT PAGE"

1. CONTRACT ID CODE PAGE OF PAGES

J 1 40

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

16C. DATE SIGNED

BY 24-Jul-2014

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 W912EQ-14-B-0010

X 9B. DATED (SEE ITEM 11)

15-Jul-2014

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-Jul-2014

CODE

US ARMY ENGINEER DISTRICT, MEMPHIS

167 N MAIN STREET B202

MEMPHIS TN 38103-1894

W912EQ 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912EQ-14-B-0010

SECTION SF30 - BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00100 - INSTRUCTIONS TO BIDDERS

The following have been modified:

INSTRUCTION TO BIDDERS

INSTRUCTIONS TO BIDDERS

SECTION 00100

CONDITIONS AND NOTICES TO BIDDERS

A. BIDDING MATERIAL – Copies of the Solicitation, Specifications, and drawings forms are available by INTERNET ACCESS ONLY. All solicitation documents will be posted through the Army’s single Face to Industry (ASFI) to the Federal Business Opportunity (FedBizOpps) website at: https://www.fbo.gov. Prospective Bidders should submit technical questions concerning this Invitation for Bid via Bidder Inquiry in ProjNet at www.projnet.org/projnet. (See Paragraph L Below). All other inquiries should be emailed to the Contract Specialist, Estella.c.blackman@usace.army.mil

BID DOCUMENTS: The following documents must be submitted with a bid:

1. SF 1442, Solicitation, Offer and Award

2. Schedule of bids/prices

3. Representations and Certifications (Section 00600)

4. All amendments must be acknowledged

5. Bid Bond (Standard Form 24), if over $150,000

6. Electronic Copy of Bid Package on CD (in addition to hard copy)

B. CONDITIONS AFFECTING THE WORK - Bidders should visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work and the general and local conditions that can affect the work or the cost thereof. Failure to do so will not relieve bidders from the responsibility for estimating properly the difficulty or cost of successfully performing the work. The Government will assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the Invitation for Bids, the specifications or related documents. See Section 00700, clause 52.236-3, entitled “Site Investigation and Conditions Affecting the Work”.

C. PUBLIC OPENING OF BIDS - Bids will be publicly opened at the time set for opening in the Invitation for Bids. Their content will be made public for the information of bidders and mailto:Estella.c.blackman@usace.army.mil others interested, who may be present. As soon as practicable after bid opening, an abstract of bids will be available through our web page at: www.fbo.gov under Bid Results.

D. BIDDER'S ADDRESS - Prospective bidders should indicate in the offer, the address to which payment and/or correspondence should be mailed, if such address is different from that shown for the bidder on Standard Form 1442 Block 14.

E. AMENDMENTS PRIOR TO DATE SET FOR OPENING BIDS - The right is reserved as the interest of the Government may require, to revise or amend the specifications or drawings or both prior to the date set for opening bids. Such revisions and amendments, if any, will be announced by an amendment or amendments to this Invitation for Bids. If the revisions and amendments are of a nature which requires material changes in quantities or prices bid or both, the date set for opening bids may be postponed by such number of days as in the opinion of the issuing officer will enable bidders to revise their bids. In such cases, the amendment will include an announcement of the new date for opening bids. See Section 00100, clause 52.214-3, “Amendments to Invitations for Bids”.

F. NOTICE TO BIDDERS - SIXTY DAY OFFER GUARANTEE (See SF 1442 Block 13d)

G. EXPLANATION OF PROVISION/CLAUSE NUMBERS UTILIZED IN THIS

SOLICITATION -

(1) Federal Acquisition Regulation (FAR) provisions/clauses are numbered as follows: 52.252- 7.

(2) Defense Acquisition Regulation Supplement (DFARS) provisions/clauses are numbered as follows: 252.204-7000.

(3) Army Federal Acquisition Regulation Supplement (AFARS), provisions/clauses are numbered as follows: 5152.101.

(4) USACE Acquisition Instruction (UAI) provisions/clauses as numbered as follows: 1.105- 2100.

H. REQUIRED SYSTEM FOR AWARD MANAGEMENT REGISTRATION - By submission of a bid, the bidder acknowledges the requirement that a prospective awardee must be registered in the SAM database prior to award, during performance, and through final payment of any contract resulting from this solicitation. Lack of registration in the SAM database will make a bidder ineligible for award. Bidders and contractors may obtain information on registration and annual confirmation requirements by calling 1-866-606-8220, or at: http://www.sam.gov.

I. BIDDER’S QUALIFICATIONS - To establish its responsibility, the bidder may be requested by the Government to submit a statement regarding his previous experience in performing comparable work, his business and technical organization, financial resources(including recent financial statements or audits), plant available to be used in performing the work and, if applicable, an approved sub-contracting plan. All documents relevant to establish a bidder’s responsibility shall be made available as soon as practicable after bid opening; but, not later than three (3) days after request by the Contracting Officer or the http://www.fbo.gov/ http://www.sam.gov/ authorized Representative of the Contracting Officer.

J. NOTICE OF BONDS AND INSURANCE - The following bid/contract information is applicable only if the bid/contract is over one hundred fifty thousand dollars ($150,000):

(1) BID BONDS: This is applicable only if proposal is over one hundred fifty thousand dollars ($150,000). Each bidder shall submit with his bid a Bid Bond (Standard Form 24) with good and sufficient surety or sureties acceptable to the Government in the form of twenty percent (20%) of the bid price or three million dollars ($3,000,000) whichever is lesser. The bid bond penalty may be expressed in terms of a percentage or may be expressed in dollars and cents. See Section 00700, clause 52.228-1, entitled “Bid Guarantee”.

(2) PERFORMANCE BONDS. The penal amount of the performance bond shall equal one hundred percent (100%) of the contract price. Bonds shall be received within ten (10) days after receipt of contract award. See Section 00700, clause 52.228-15, entitled “Performance and Payment Bonds – Construction”.

(3) PAYMENT BONDS: Within ten (10) days after receipt of contract award to the bidder whom award is made, one (1) bond, with good and sufficient surety or sureties acceptable to the Government, shall be furnished; namely a Payment Bond (Standard Form 25A). The penal amount of such bonds shall equal one hundred percent (100%) of the contract price. See Section 00700, clause 52.228-15, entitled “Performance and Payment Bonds – Construction”.

(4) INSURANCE: The accepted bidder shall provide adequate insurance, within ten

(10) days after receipt of contract award. See Section 00800, Special Contract Requirements, Entitled “Insurance Requirements”.

K. POST AWARD SUBMITTAL REQUIREMENTS

Within ten (10) days after receipt of contract award, the contractor shall submit an acceptable performance bond, payment bond and certificate of insurance. Within fifteen (15) days after receipt of notice of award, the contractor shall provide an approved Accident Prevention Plan, Environmental Protection Plan and Quality Control Plan. (See Sections 00800, 01 57 20.00 11, and 01 45 04.00 11) Within ten (10) days prior to commencement of work under this contract, the contractor shall submit to the Contracting Officer’s Chief of Security, a list of all Personnel, Vehicles and Equipment that may be used during the construction work under this contract. (See Sections 00800)

L. PROJNET BIDDER INQUIRY

1. Prospective Bidders should submit questions concerning this Invitation for Bid via Bidder Inquiry in ProjNet at www.projnet.org/projnet.

A. To submit and review inquiry items, prospective bidders will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access.

http://www.projnet.org/projnet

A prospective bidder who submits a comment /question will receive an acknowledgement of their comment/question via email. Another email to the same address will notify the prospective bidder once the reply is available for viewing.

B. The Solicitation Number is: W912EQ-14-B-0010 The Bidder Inquiry Key is: ZJZD26-NRKKV6

C. Specific Instructions for First Time ProjNet Bid Inquiry Access:

1. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

2. Identify the Agency. This should be marked as USACE

3. Key. Enter the Bidder Inquiry Key listed above.

4. Email. Enter the email address you would like to use for communication.

5. Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

6. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

7. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

D. Specific Instructions for Future ProjNet Bid Inquiry Access:

1. For future access to ProjNet, you will not be provided any type of password. You will utilize your Secret Question and Secret Answer to log in.

2. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

3. Identify the Agency. This should be marked as USACE.

4. Key. Enter the Bidder Inquiry Key listed above.

5. Email. Enter the email address you used to register previously in ProjNet.

6. Click Continue. A page will then open asking you to enter the answer to your Secret Question.

7. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

2. The Bidder Inquiry System will be unavailable for new inquires Seven (7) business days prior to bid submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary.

3. Bidders are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

4. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

5. Oral explanations or instructions are not binding. Any information given to a bidder/offeror which impacts the bid/offer will be given in the form of a written amendment to the solicitation.

M. OFFEROR’S RESPONSIBILITY

It is the offeror's responsibility to ensure the completeness and accuracy of his or her proposal.

Corrections will not be made by the Government. Errors in the proposal will be considered, among other factors, as a reflection of the offeror's technical and management capability.

N. OPTIONAL WORK

The optional work to complete installation of twin 10 foot inside diameter steel pipes from pipeline station 13+50 to station 22+00 is on the bid schedule from optional CLIN 1001-1016. If the Government exercises the option for these CLINS, the completion date for the requirement will be extended by 400 calendar days. The Government will evaluate bids for award purposes by adding the total price for the optional CLINS to the total price of the CLINS for the basic requirement. The evaluation of the optional CLINS will not obligate the Government to exercise them.

PRE-AWARD SITE VISITS

USACE will conduct two (2) site visits at the following locations.

The first site visit will be conducted Monday July 28, 2014 at 10:00 a.m. The location for this site showing is the Grand Prairie Pumping Station located on the White River near DeValls Bluff, Prairie County, Arkansas. There are no restrictions enforced for this visit.

The second site visit will be conducted Monday August 11, 2014 at 10:00 a.m. to view the stored Government-Furnished Equipment. The location for this site visit is the former Chicago Bridge and Iron Plant located at 3001 Harbor Avenue, Memphis, TN. This facility is now operated by the U.S. Navy and is a restricted-secured site. Bidders attending this site visit shall comply with the following requirements for admittance to the facility:

1. Bidders shall limit their representation at this site visit to a maximum of three (3) individuals.

Each Bidder shall email a list of personnel containing the below stated information to Grand.Prairie@usace.army.mil by 4:00 pm local time Tuesday July 29, 2014.

a. Full name of each individual planning to attend the site visit

b. Full Name of the represented company and affiliates

c. Contact numbers for each company, affiliate, and individuals attending

2. Foreign Nationals attending the site visit are required to have a full security background check performed and clearance approved prior to admittance to the facility. USACE will provide this form upon request. Please send your request by email to Grand.Prairie@usace.army.mil. Full background checks/approval can take up to two-weeks.

3. USACE staff will provide the necessary escort onto the facility and remain with the visitors until they exit the gate. Site Visitors must remain together in the group with USACE escort.

Access will be restricted to the area where the Government-Furnished Equipment is stored.

Failure to comply will be cause to have you escorted out of the facility. USACE escorts will be Mr. Andy Gaines and Mr. Gary Billingsley.

4. Any device type such as cell phones or other devices capable of capturing and storing photos, videos, or audio will not be permitted within the secured area. All devices described above shall be left outside the security gate area.

5. USACE Escorts will greet site visitors outside the facility entry gate along Harbor Avenue. A role call will be conducted to ensure that all visitors are included on the security list. USACE will brief visitors prior to facility entrance.

POST-AWARD FACILITY ACCESS FOR TRANSPORATION OF GOVERNMENT-

FURNISHED EQUIPMENT

1. Standard hours of operation at this facility are from 9:00 am till 1:00 pm Monday thru Friday. Work during Federal Holidays, weekends, or night work will not be permitted.

2. Prior to admittance to the storage facility, all contractor personnel entering, working, and transporting equipment are required to have a security background check performed by Naval Security. USACE will provide the forms and coordinate the background check with the Navy authority. Temporary access badges will be issued to those qualified contractor personnel for the duration of the work. Each employee will be required to present a picture I.D. for admittance to the facility.

3. The Navy conducts tests at its facility where the Government Furnished Equipment is stored.

During this testing, the Contractor will not be allowed entry into the facility. The Contractor shall submit to the Contracting Officer’s Representative (COR) for approval, a work schedule indicating the proposed dates for loading and shipping the Government Furnished mailto:Grand.Prairie@usace.army.mil

Equipment. This schedule shall be submitted 45 days in advance of any proposed loading and shipping dates. Within 15 days of the proposed loading and shipping the COR will notify the Contractor of the approval/disapproval of those dates.

4. Contractor will be allowed to leave handling and loading equipment at the storage facility at its own risk. The Navy and USACE do not assume liability for this action. Contractor should not bring equipment that has leaks or any other known maintenance problems. The contractor shall comply with EM385-1-1 and OSHA requirements pertaining to spill prevention, containment, and post-spill clean-up remediation.

5. Contractor will be provided freight truck access into the facility thru Door 8. Navy Security will be responsible for operating this access door and the perimeter security gate.

6. Contractor shall be prepared to provide temporary and portable lighting fixtures for work inside the facility storage area as the existing overhead lighting is not operational.

7. Contractor shall provide drinking water, portable sanitation facilities, and daily site clean-up / disposal as mandated by EM385-1-1 Health and Safety requirements.

8. Contractor shall provide equipment capable of moving portable concrete barriers in the access road for freight truck access in and out of the facility. These barriers shall be returned to their original position immediately after the freight truck passes.

SECTION 00700 - CONTRACT CLAUSES

The following have been added by full text:

52.222-99 ESTABLISHING A MINIMUM WAGE FOR CONTRACTORS (DEVIATION 2014-O0017) (JUNE 2014) This clause implements Executive Order 13658, Establishing a Minimum Wage for Contractors, dated February 12, 2014, and OMB Policy Memorandum M-14-09, dated June 12, 2014.

(a) Each service employee, laborer, or mechanic employed in the United States (the 50 States and the District of Columbia) in the performance of this contract by the prime Contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the Contractor and service employee, laborer, or mechanic, shall be paid not less than the applicable minimum wage under Executive Order 13658. The minimum wage required to be paid to each service employee, laborer, or mechanic performing work on this contract between January 1, 2015, and December 31, 2015, shall be $10.10 per hour.

(b) The Contractor shall adjust the minimum wage paid under this contract each time the Secretary of Labor’s annual determination of the applicable minimum wage under section 2(a)(ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to the Executive Order minimum wage under section 2(a)(ii) of Executive Order 13658 will be effective for all service employees, laborers, or mechanics subject to the Executive Order beginning January 1 of the following year. The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on www.wdol.gov (or any successor website). The applicable published minimum wage is incorporated by reference into this contract.

(c) The Contracting Officer will adjust the contract price or contract unit price under this clause only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning on January 1, 2016. The Contracting Officer shall consider documentation as to the specific costs and workers impacted in determining the amount of the adjustment.

(d) The Contractor Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (c) of this clause, and will not provide price adjustments under this clause that result in duplicate price adjustments with the respective clause of this contract implementing the Service Contract Labor Standards statute (formerly known as the Service Contract Act) or the Wage Rate Requirements (Construction) statute (formerly known as the Davis Bacon Act).

(e) The Contractor shall include the substance of this clause, including this paragraph (e) in all subcontracts.

(End of clause)

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits are scheduled for the following dates and locations:

July 28, 2014 at 10:00 a.m. site visit at the Grand Prairie Pumping Station site located at 9138 HWY 70 East, DeValls Bluff, AR 72041.

Bidders planning to attend this site visit shall contact:

NAME: RAY MULLINS, Project Engineer or other staff member at

ADDRESS: Wynne Area Office 1932 N. Falls Boulevard or P.O. Drawer Box 729 Wynne, Arkansas 72396-0729

TELEPHONE: (870) 238-7983

August 11, 2014 at 10:00 a.m. site visit to view the stored Government- Furnished Equipment located at 3001 Harbor Avenue, Memphis, TN 38113.

This facility is operated by the U.S. Navy and is a restricted-secured site. For this site visit perspective viewers must comply with the following requirements for admittance to the facility:

1. Bidders shall limit their representation at this site visit to a maximum of three (3) individuals. Each Bidder shall email a list of personnel containing the below stated information to the mailbox Grand.Prairie@usace.army.mil by 4:00 pm local time Tuesday July 29, 2014.

a. Full name of each individual planning to attend the site visit

b. Full Name of the represented company and affiliates

c. Contact numbers for each company, affiliate, and individuals attending

2. Foreign Nationals attending the site visit are required to have a full security background check performed and clearance approved prior to admittance to the facility. USACE will provide this form upon request.

Please send your request by email to Grand.Prairie@usace.army.mil.

Please note that a full background check/approval can take up to two-weeks.

3. USACE will greet site visitors outside the facility entry gate along Harbor Avenue. A role call will be conducted to ensure that all site visitors are included on the approved security list. USACE will brief visitors prior to facility entrance and provide the necessary escort onto the facility and remain with the visitors until they exit the gate. Site visitors must remain in a group with the USACE escort. Access will be restricted to the area where the Government-Furnished Equipment is stored. Failure to comply will be cause to have you escorted out of the facility.

4. Any device type such as cell phones or other devices capable of capturing and storing photos, videos, or audio will not be permitted within the secured area. All devices described above shall be left outside the security gate area.

(End of provision)

52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribe, or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

(End of clause)

52.245-9 USE AND CHARGES (APR 2012)

(a) Definitions. Definitions applicable to this contract are provided in the clause at 52.245-1, Government Property.

Additional definitions as used in this clause include:

Rental period means the calendar period during which Government property is made available for nongovernmental purposes.

Rental time means the number of hours, to the nearest whole hour, rented property is actually used for nongovernmental purposes. It includes time to set up the property for such purposes, perform required maintenance, and restore the property to its condition prior to rental (less normal wear and tear).

(b) Use of Government property. The Contractor may use the Government property without charge in the performance of--

(1) Contracts with the Government that specifically authorize such use without charge;

(2) Subcontracts of any tier under Government prime contracts if the Contracting Officer having cognizance of the prime contract--

(i) Approves a subcontract specifically authorizing such use; or

(ii) Otherwise authorizes such use in writing; and

(3) Other work, if the Contracting Officer specifically authorizes in writing use without charge for such work.

(c) Rental. If granted written permission by the Contracting Officer, or if it is specifically provided for in the Schedule, the Contractor may use the Government property (except material) for a rental fee for work other than that provided in paragraph (b) of this clause. Authorizing such use of the Government property does not waive any rights of the Government to terminate the Contractor's right to use the Government property. The rental fee shall be determined in accordance with the following paragraphs.

(d) General. (1) Rental requests shall be submitted to the Administrative Contracting Officer (ACO), identify the property for which rental is requested, propose a rental period, and compute an estimated rental charge by using the Contractor's best estimate of rental time in the formulae described in paragraph (e) of this clause.

(2) The Contractor shall not use Government property for nongovernmental purposes, including Independent Research and Development, until a rental charge for real property, or estimated rental charge for other property, is agreed upon. Rented property shall be used only on a non-interference basis.

(e) Rental charge.—

(1) Real property and associated fixtures.

(i) The Contractor shall obtain, at its expense, a property appraisal from an independent licensed, accredited, or certified appraiser that computes a monthly, daily, or hourly rental rate for comparable commercial property. The appraisal may be used to compute rentals under this clause throughout its effective period or, if an effective period is not stated in the appraisal, for one year following the date the appraisal was performed. The Contractor shall submit the appraisal to the ACO at least 30 days prior to the date the property is needed for nongovernmental use. Except as provided in paragraph (e)(1)(iii) of this clause, the ACO shall use the appraisal rental rate to determine a reasonable rental charge.

(ii) Rental charges shall be determined by multiplying the rental time by the appraisal rental rate expressed as a rate per hour. Monthly or daily appraisal rental rates shall be divided by 720 or 24, respectively, to determine an hourly rental rate.

(iii) When the ACO believes the appraisal rental rate is unreasonable, the ACO shall promptly notify the Contractor.

The parties may agree on an alternative means for computing a reasonable rental charge.

(iv) The Contractor shall obtain, at its expense, additional property appraisals in the same manner as provided in paragraph (e)(1)(i) if the effective period has expired and the Contractor desires the continued use of property for nongovernmental use. The Contractor may obtain additional appraisals within the effective period of the current appraisal if the market prices decrease substantially.

(2) Other Government property. The Contractor may elect to compute the hourly rental charge using the appraisal method described in paragraph (e)(1) of this clause subject to the constraints therein or the following formula in which rental time shall be expressed in increments of not less than one hour with portions of hours rounded to the next higher hour: The hourly rental charge is calculated by multiplying 2 percent of the acquisition cost by the hours of rental time, and dividing by 720.

(3) Alternative methodology. The Contractor may request consideration of an alternative basis for computing the rental charge if it considers the monthly rental rate or a time-based rental unreasonable or impractical.

(f) Rental payments. (1) Rent is due 60 days following completion of the rental period or as otherwise specified in the contract. The Contractor shall compute the rental due, and furnish records or other supporting data in sufficient detail to permit the ACO to verify the rental time and computation. Payment shall be made by check payable to the Treasurer of the United States and sent to the contract administration office identified in this contract, unless otherwise specified by the Contracting Officer.

(2) Interest will be charged if payment is not made by the date specified in paragraph (f)(1) of this clause. Interest will accrue at the ``Renegotiation Board Interest Rate'' (published in the Federal Register semiannually on or about January 1\st\ and July 1\st\) for the period in which the rent is due.

(3) The Government's acceptance of any rental payment under this clause, in whole or in part, shall not be construed as a waiver or relinquishment of any rights it may have against the Contractor stemming from the Contractor's unauthorized use of Government property or any other failure to perform this contract according to its terms.

(g) Use revocation. At any time during the rental period, the Government may revoke nongovernmental use authorization and require the Contractor, at the Contractor's expense, to return the property to the Government, restore the property to its pre-rental condition (less normal wear and tear), or both.

(h) Unauthorized use. The unauthorized use of Government property can subject a person to fines, imprisonment, or both, under 18 U.S.C. 641.

52.249-5000 BASIS FOR SETTLEMENT OF PROPOSALS

Actual costs will be used to determine equipment costs for a settlement proposal submitted on the total cost basis under FAR 49.206-2(b). In evaluating a terminations settlement proposal using the total cost basis, the following principles will be applied to determine allowable equipment costs:

(1) Actual costs for each piece of equipment, or groups of similar serial or series equipment, need not be available in the contractor's accounting records to determine total actual equipment costs.

(2) If equipment costs have been allocated to a contract using predetermined rates , those charges will be adjusted to actual costs.

(3) Recorded job costs adjusted for unallowable expenses will be used to determine equipment operating expenses.

(4) Ownership costs (depreciation) will be determined using the contractor's depreciation schedule (subject to the provisions of FAR 31.205-11).

(5) License, taxes, storage and insurance costs are normally recovered as an indirect expense and unless the contractor charges these costs directly to contracts, they will be recovered through the indirect expense rate.

(End of Clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

TABLE OF CONTENT

TABLE OF CONTENT

Section 00700 - CONTRACT CLAUSES

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-13 Contractor Code of Business Ethics and Conduct APR 2010 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management JUL 2013 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUL 2013

52.204-13 System for Award Management Maintenance JUL 2013 52.209-6

Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

AUG 2013

52.209-9

Updates of Publicly Available Information Regarding Responsibility Matters

JUL 2013

52.210-1 Market Research APR 2011 52.211-10 Commencement, Prosecution, and Completion of Work APR 1984 52.211-12 Liquidated Damages--Construction SEP 2000 52.211-13 Time Extensions SEP 2000 52.211-18 Variation in Estimated Quantity APR 1984 52.214-26 Audit and Records--Sealed Bidding OCT 2010 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data -

Modifications - Sealed Bidding

AUG 2011

52.214-28

52.217-5 52.217-7 52.219-4

Subcontracting Certified Cost Or Pricing Data-- Modifications--Sealed Bidding Evaluation of Options Option For Increased Quantity-Separately Priced Line Item Notice of Price Evaluation Preference For HUBZone Small Business Concerns

OCT 2010

JUL 1990

MAR 1989

JAN 2011

52.219-8 Utilization of Small Business Concerns MAY 2014 52.219-9 Alt I Small Business Subcontracting Plan (JULY 2013) Alternate I OCT 2001

52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards Act - Overtime

Compensation

MAY 2014

52.222-6 Construction Wage Rate Requirements MAY 2014 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records MAY 2014 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-27 Affirmative Action Compliance Requirements for

Construction

FEB 1999

52.222-35 Equal Opportunity for Veterans SEP 2010 52.222-36 Affirmative Action For Workers With Disabilities OCT 2010 52.222-37 Employment Reports on Veterans SEP 2010 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons FEB 2009 52.222-54 52.222-99

Employment Eligibility Verification Establishing A Minimum Wage Fro Contractors (Deviation 2014-0017)

AUG 2013

JUN 2014

52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-9 Buy American--Construction Materials MAY 2014 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-1 Bid Guarantee SEP 1996 52.228-2 52.228-5

Additional Bond Security Insurance—Work on a Government Installation

OCT 1997

JAN 1997

52.228-11 Pledges Of Assets JAN 2012 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-14 Irrevocable Letter of Credit MAY 2014 52.228-15 Performance and Payment Bonds--Construction OCT 2010 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts MAY 2014 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-1 Performance of Work by the Contractor APR 1984 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-4 Physical Data APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Alt I Accident Prevention (Nov 1991) - Alternate I NOV 1991 52.236-15 Schedules for Construction Contracts APR 1984 52.236-16 Alt I Quantity Surveys (Apr 1984) - Alternate I APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4

52.245 Alt I

52.245-9

Changes Government Property (APR 2012) Alternate I Uses and Changes

JUN 2007

APR 2012

APR2012

52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering-Construction OCT 2010 52.249-2 Alt I

Termination for Convenience of the Government (Fixed- Price) (Apr 2012) - Alternate I

SEP 1996

52.249-10

52.249-5000 52.252-6

Default (Fixed-Price Construction) Authorized Deviations in Clauses Basis for Settlement of Proposals Authorized Deviations in Clauses

APR 1984

APR 1984

APR 1984

52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General DEC 2012 252.203-7004 Display of Fraud Hotline Poster(s) DEC 2012

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A MAR 2014 252.204-7006 Billing Instructions OCT 2005

252.204-7012 Safeguarding of unclassified controlled technical information NOV 2013 252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Terrorist Country

MAR 2014

252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.227-7033 Rights in Shop Drawings APR 1966

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7001 Contract Drawings, and Specifications AUG 2000 252.236-7002 Obstruction of Navigable Waterways DEC 1991 252.236-7004 Payment for Mobilization and Demobilization DEC 1991 252.236-7008 Contract Prices-Bidding Schedules DEC 1991 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 151.245-7001

252.245-7002 252.245-7003 252.245-7004

Subcontracts for Commercial Items Tagging, Labeling, and Marking of Government-Furnished Property Reporting Loss of Government Property Contractor Property Management System Administration Reporting, Reutilization, and Disposal

JUN 2013

APR 2012

APR 2012

APR 2012

MAY 2013

252.247-7023 Transportation of Supplies by Sea APR 2014

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days after award of base contract.. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

The following have been deleted:

52.209-7 Information Regarding Responsibility Matters JUL 2013 52.232-5000 Payment for Materials Delivered Off-Site (Mar 1995) MAY 1999 52.245-1 Government Property APR 2012

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

SPECIAL CONTRACT REQUIREMENTS

SECTION TABLE OF CONTENTS

SECTION 00800

PART 1 GENERAL

1.1 REFERENCES

1.2 SUBMITTALS

1.3 EXCLUSION PERIODS IN COMPUTING COMPLETION SCHEDULES

1.4 EXCEPTION TO LIQUIDATED DAMAGES

1.5 RIGHTS-OF-WAY

1.6 LAYOUT OF WORK

1.7 PROGRESS CHART

1.8 SAFETY RELATED SPECIAL REQUIREMENTS

1.9 CERTIFICATES OF COMPLIANCE

1.10 CONTRACTOR’S CERTIFICATE

1.11 SHOP DRAWINGS

1.12 AS-BUILT DRAWINGS

1.13 DAMAGE TO WORK – NOT USED

1.14 NOTIFICATION OF AREA ENGINEER BEFORE BEGINNING WORK

1.15 RETESTING OF CONSTRUCTION MATERIALS

1.16 VEHICLE WEIGHT LIMITATIONS

1.17 OBSTRUCTIONS

1.18 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)

1.19 ACCEPTANCE SECTIONS – NOT USED

1.20 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (31 OCT 1989)

1.21 STONE SOURCES

1.22 FIELD OFFICE BUILDING

1.23 HAUL ROADS

1.24 TEMPORARY PROJECT FENCING

1.25 MAINTENANCE OF TRAFFIC

1.26 COOPERATION WITH OTHERS

1.27 HOURS OF WORK

1.28 SUNDAY, HOLIDAY AND NIGHT WORK

1.29 SECURITY REQUIREMENTS

1.30 STORAGE OF EQUIPMENT AND MATERIALS

1.31 UTILITY SERVICES

1.32 COMMERCIAL WARRANTY

1.33 PAYMENT FOR MATERIAL STORED OFF-SITE – NOT USED

1.34 FLOOD EMERGENCY

1.35 PATENTS, PROPRIETARY RIGHTS

1.36 PROTECTION OF MATERIALS AND WORK

1.37 EXISTING FLOOD PROTECTION

1.38 FINAL ACCEPTANCE (NOT USED)

1.39 INSPECTION

1.40 DESIGNATED BILLING OFFICE

1.41 CONSTRUCTION MONITORING

1.42 UAI 31.105-100 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE

SCHEDULE

1.43 CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR

PROCESSING DAVIS-BACON ACT CERTIFIED LABOR PAYROLLS

1.44 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

1.45 U.S. ARMY CORPS OF ENGINEERS FY14/15 SUBCONTRACTING TARGETS

PART 2 PRODUCTS – NOT USED

PART 3 EXECUTION – NOT USED

--End of Section Table of Contents--

SECTION 00800

PART 1 GENERAL

1.1 REFERENCES

The publications listed below form a part of this section to the extent referenced:

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 (2008) Safety -- Safety and Health

Requirements

1.2 SUBMITTALS

Government approval is required for submittals with a "G" designation;

submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. The following shall be submitted in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Activity Hazard Analysis

Accident Prevention Program

Hazard Communication Program

List of all Personnel, Vehicles and Equipment

Authenticated Copy of the Conveyance under which the Contractor Acquired the Rights-of-Way

SD-02 Shop Drawings

Shop Drawings

SD-03 Product Data

Material Safety Data Sheets of Each Substance

SD-11 Closeout Submittals

Field Book; G

Final As-Built Drawings; G EC-D

Findings of the Accident Investigation

1.3 EXCLUSION PERIODS IN COMPUTING COMPLETION SCHEDULES

Upon notification by the Contracting Officer of an impending flood risk, the contractor shall suspend construction and safely secure the site within 24 hours in accordance with the procedures of the paragraphs entitled FLOOD EMERGENCY and EXISTING FLOOD PROTECTION as applicable.

1.4 EXCEPTION TO LIQUIDATED DAMAGES

The Contractor's obligations specified in Section 32 92 19.00 11 SEEDING AND FERTILIZING are exempt from liquidated damages.

1.5 RIGHTS-OF-WAY

a. The rights-of-way and easements for the work to be constructed under this contract within the limits indicated on the drawings will be provided by the Government without cost to the Contractor. However, the Contractor shall make his own arrangements with the appropriate owners or organizations for transporting his equipment across, over or under railroad tracks, highways, bridges, private property, and utility lines and shall provide at his own expense any additional right-of-way or easements required to effect such crossings, including insurance requirements of owners. Limits of right-of-way which will be provided by the Government are as indicated on the drawings. The Contractor shall layout the project right-of-way so that the right-of-way is easily identified in the field. All right-of-way markers shall remain in place throughout the life of the project and shall be removed prior to final acceptance, as directed by the Contracting Officer.

b. The Contractor shall, upon reasonable notice, without expense to the Government and at any time during the progress of the work when not being actively used for contract operations, promptly vacate and clean up any part of the Government grounds that have been allotted to or have been in use by him when directed to do so by the Contracting Officer.

c. The Contractor shall not obstruct any existing roads on the lands controlled by the United States except with the permission of the Contracting Officer, and shall maintain such roads in as good condition as exists at the time of commencement of the work.

d. Any additional right-of-way required for access or for the Contractor's method of operation must be obtained by and at the expense of the Contractor. The Contractor shall submit written evidence to the Contracting Officer that he has obtained the rights-of-way from the property owners. The written evidence shall consist of an Authenticated Copy of the Conveyance under which the Contractor Acquired the Rights-of-Way, prepared and executed in accordance with the laws of the State or States in which the work is being performed.

If temporary rights are obtained by the Contractor, the period of time shall coincide with the contract clause entitled, "COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK", of Section 00700 CONTRACT CLAUSES, plus a reasonable time for any extension granted for completion of the work. The Contractor shall be solely responsible for any and all damages, claims for damages, and liability of any nature whatsoever arising from or growing out of the use of rights-of-way other than those rights-of-way furnished by the Government.

e. The Contractor shall repair, at his own expense, any and all damage to the existing roads when such damage is a result of his operations on this contract.