22R0005 EAR063-Amend 4.pdf

EAR063

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

PROJECT TITLE/LOCATION: EAR063, REPAIR FUEL PIER-LONG TERM, EARECKSON AIR STATION, SHEMYA ISLAND, ALASKA

a. This amendment provides changes to the solicitation as indicated on the continuation pages of this document

b. PROPOSAL DUE DATE HAS NOT BEEN EXTENDED. Proposals shall be submitted in accordance w ith Section 00 21 00, Para 1.9, Proposal Submittals.

c. YOU ARE REQUIRED TO ACKNOWLEDGE RECEIPT OF THIS AMENDMENT ON THE REVERSE SIDE OF THIS STANDARD FOR 1442.

1. CONTRACT ID CODE PAGE OF PAGES

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

16C. DATE SIGNED

BY 06-Dec-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 W911KB22R0005

X 9B. DATED (SEE ITEM 11)

10-Nov-2021

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 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-Dec-2021

CODE

U.S. ARMY ENGINEER DISTRICT, ALASKA

CEPOA-CT

2204 TALLEY STREET

JBER AK 99506-0898

W911KB 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

a. The following drawings are substituted for the superseded documents/sections:

NONE

b. The following revised documents/sections are substituted for the superseded documents/sections. The identifier “AM#04” appears before and after new and/or revised materials, except as noted below.

SECTION 00 22 10 PHASE 1 OF 2 PHASE DESIGN-BUILD PROCEDURES

− Revised table in paragraph 5.2.1.2 − Revised paragraph 7.1.2 to identify page limitation does not apply to equipment list

(Reissuing page 7 and 11-14 of section)

SECTION 00 73 00.00 29 SPECIAL CONTRACT REQUIREMENTS

− Revised table of contents, and paragraphs 1.2.5, 1.3.5, 1.5.1 and 1.5.2 − (Reissuing entire section)

NOTE: Revisions within the following documents do not contain the above referenced identifiers:

c. The following sections are deleted:

d. The following documents are added:

e. The following revisions are incorporated:

f. Other:

Bid Inquiry Contractor Report

(End of Summary of Changes)

ALL OTHER TERMS AND CONDITIONS SHALL REMAIN THE SAME.

Section 00 22 10 W911KB22R0005

Section 00 22 10 Page 7 influence on the past performance confidence assessment rating than past performance on projects of lesser relevance. There are four (4) levels of relevancy as shown in the Table below.

Past Performance Relevancy Ratings

Rating Description

Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant Present/past performance effort involved some of the scope and magnitude Relevant of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

In determining the relevancy of each submitted project, the Government will consider the following:

Design and/or Construction of non-cellular vertical-walled piers, wharves, seawalls, breakwaters and other marine structures to include utilities, cathodic protection, concrete paving, bull rails, shoreline protection, and demolition of damaged sheetpile sections.

Experience in design and/or construction of marine structures in regions which are logistically challenging, remote, and subject to severe inclement weather climate of the type experienced in the Aleutian Islands of Alaska. Location of work and similarity to the ASHRAE Zone 7 climate and remoteness of Shemya in the Aleutian Island chain. Similar climate includes coastal cold regions with frequesnt frequent storms, high winds and high seas.

Extent of recent experience, degree of relationship of such experience to this project, demonstrated familiarity with applicable codes and experience with local conditions.

Size, type and complexity.

Firm's role and extent of work self-performed (brokering out all work and simply “pouring the sidewalks” on a cited project is an example of less relevant experience)

Previous design-build experience would have more relevance

Previous recent teaming experience among the team members may have more relevance

5.2.1.3 The third aspect of the past performance evaluation, quality, is to determine how well the offeror performed on its past performance projects. The Government will consider the currency and relevance of the information, source of the information, context of the data, and general trends in contractor performance. The entity will be rated on its own performance. The Government will target areas covered in the requirements of this proposal including records of conforming to quality, schedule, cost control, customer satisfaction, level of support for such things as as-built documentation, O&M manuals, training, problem resolution for design or construction errors, warranty work, and safety. The Government places a higher value on projects which provided particularly difficult or unique challenges and the innovative methods the contractor used to resolve problems successfully.

AM#04 AM#04

Section 00 22 10 Page 11 challenges, constructing in remote and harsh marine environments, material acquisition of large amounts of rock, structural fill and dolosse that will be required, marine mammal observations, experience with equipment to be used for installing and socketing vertical steel pier members, and additional considerations relevant to this project.

Include a list of equipment needed at the project site required to complete the work (not included in the page limitation). In Phase 2, the offeror will describe its design packaging plan for fast-tracking. That level of detail is not necessary in Phase 1.

7.1.3. Collaborative Approach for Design-Build:

(a) Describe interactions within the Design-Build team and with the Corps of Engineers during the design addressing management of design reviews and management of fast-tracked design packages (if applicable).

Discuss how the configuration management system will track and control design evolution and changes during design for quality control and to facilitate quicker Government reviews. Describe the role of the construction team members during design.

(b) Describe the role and interaction of the design team with the construction team during construction, addressing maintaining management of the design during construction, including control and approval of revisions to the accepted design; requests for information; shop drawing and submittal reviews and approvals; progress meetings;

site visits, if any; contract completion, closeout, as-built and completion documentation.

7.2. EVALUATION CRITERIA:

7.2.1. The Government will evaluate the strengths, weaknesses and any deficiencies in the offeror’s technical approach. The Government will evaluate the firm’s understanding of D-B and the capability to execute the project.

Some additional specific evaluation considerations are listed below. This list is not all-inclusive.

7.2.2. Technical Approach for Design and Construction:

(a) Considerations for the design of a 50-year waterfront structure (vertical walled pier) in a high-energy wave climate.

(b) Methods for construction of a 50-year waterfront structure (vertical walled pier) in a high-energy wave climate, accounting for inclement weather delays, remote location, and logistical challenges.

7.2.3. Collaborative Approach for Design-Build: The Government will evaluate the integration of the design and construction firms and the staff during design and construction. The constructor must be actively involved in the design process, not just leaving it up to the designer (see Clause SECTION 00 73 00.00 29 paragraph 1.4.12 SCR-

DB120 “Contractor’s Role during Design Process”). The offeror must have an effective process for coordinating all efforts during design including facilitating coordination with the Government. The offeror must have an effective configuration management system to control and track revisions to the design. The Government will evaluate the offeror’s understanding of the design process and the roles of the designers of record and the Government reviewers.

The Government will evaluate the role of the designer in maintaining design integrity throughout the process, including its key roles during construction.

AM#04

AM#04

Section 00 22 10 Page 12

8.0 PHASE 1 EVALUATION PROCEDURES

8.1. SOURCE SELECTION EVALUATION BOARD (SSEB)

8.1.1. The SSEB will be established to conduct the evaluation of proposals received in response to this solicitation. The evaluation will be based on the content of the proposal, proposal corrections and any information obtained from other sources, e.g. past performance information. The SSEB will not consider any proposal incorporated by reference, except as expressly allowed by this solicitation.

8.2. SOURCE SELECTION ADVISORY COUNSEL (SSAC)

8.2.1. SSAC will review the evaluation results of the SSEB and perform a comparative analysis of the proposals and make a recommendation for use by the Source Selection Advisor (SSA).

8.3. EVALUATION

8.3.1. The SSEB will evaluate the proposals and assign a consensus rating for each evaluation factor. Offerors are cautioned to put forth their best efforts for the Phase 1 submission, and to furnish all information clearly to allow the Government to determine their performance capability. Offerors should not assume that they will have an opportunity to clarify or correct anything in their proposal after submitting it in response to

Phase 1.

8.3.2. The Government reserves the right to allow proposal corrections, if deemed necessary to determine the most highly qualified offerors to shortlist for Phase 2.

8.3.3. The SSA, independently exercising prudent business judgment, will select the most highly qualified offerors and request that only those offerors submit phase-two proposals.

8.4. DEFINITIONS

8.4.1. Deficiency

A material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

8.4.2. Weakness

A flaw in the proposal that increases the risk of unsuccessful contract performance.

8.4.3. Significant Weakness

A flaw in the proposal that appreciably increases the risk of unsuccessful contract performance.

8.4.4. Strength

Section 00 22 10 Page 13

Any aspect of a proposal that, when judged against a stated evaluation criterion, enhances the merit of the proposal or increases the probability of successful performance of the contract.

8.4.5. Significant Strength

A significant strength appreciably enhances the merit of a proposal or appreciably enhances the probability of successful contract performance.

8.4.6. Uncertainty

Any aspect of the proposal for which the intent of the offeror is unclear because there may be more than one way to interpret the offer or because inconsistencies in the offer indicate that there may be an error, omission, or mistake.

8.4.7. Deviation

Proposal implies or specifically offers a deviation below the specified criteria. The offeror may or may not have called the deviation to the Government’s attention. A deviation is a deficiency. The proposal must conform to the solicitation requirements for award.

8.5. EVALUATION AND RATING SYSTEM

8.5.1. General: The Government will review the proposals and rate the quality of each evaluation factor and subfactor (if any). The SSEB will rate each proposal against the specified evaluation criteria in the Solicitation requirements. They will not compare proposals at this time. After all proposals are rated, the Government will compare the ratings and relative advantages and disadvantages of proposals against each other in order to determine which Offerors are the most highly qualified under Phase 1 to short-list for participation in Phase 2.

8.5.2. Review Write-up: The Government will support each rating with a narrative, separately listing all strengths or advantages, weaknesses or disadvantages, deficiencies, and required clarifications.

8.5.3. Rating System: After listing proposal strengths, weaknesses and deficiencies, the SSEB will assign an adjective rating of “Outstanding”, “Good”, “Acceptable”, “Marginal”, or “Unacceptable” to each factor and subfactor (if any) (except the Past Performance Factor), which reflect the Government's confidence in each offeror's ability, as demonstrated in its proposal, to perform the requirements stated in the RFP. The adjectival ratings shall be assigned, using the following criteria, which incorporate a proposal risk assessment:

8.5.3.1. Outstanding: Proposal meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is very low.

8.5.3.2. Good: Proposal meets requirements and indicates a thorough approach and understanding of the requirements. Proposal contains strengths which outweigh any weaknesses. Risk of unsuccessful performance is low.

Section 00 22 10 Page 14

8.5.3.3. Acceptable: Proposal meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on contract performance. Risk of unsuccessful performance is no worse than moderate.

8.5.3.4. Marginal: Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The proposal has one or more weaknesses which are not offset by strengths.

Risk of unsuccessful performance is high.

8.5.3.5. Unacceptable. Proposal does not meet requirements and contains one or more deficiencies. Proposal is unawardable.

AM#0004 EARECKSON PIER LONG TERM REPAIR EAR063

Eareckson AFS, AK

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 73 00.00 29

SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 REFERENCES

1.2 GENERAL SCR'S

1.2.1 SCR-GE010 Insurance - Work On A Government Installation:

1.2.2 AM#02...SCR-GE030 Certificates Of Compliance And Lab Test

Report:...AM#02

1.2.3 SCR-GE050 Coordination With Other Contractors:

1.2.4 SCR-GE070 Requirements For Contractors Performance Evaluation:

1.2.5 [Enter Appropriate Subpart Title Here]

WARNING: Text in tags exceeds the maximum length of 300 characters

1.2.6 SCR-GE103 Contractor Manpower Reporting

1.2.7 SCR-GE104 Veterans Employment Emphasis for USACE Contracts

1.2.8 SCR-GE112 Equipment Ownership and Operating Expense Schedule

(MAR 1995)

1.2.9 SCR-GE113 Payment for Materials Delivered Off-Site

1.2.10 SCR-GE114 Plant And Material Removal After Contract

Termination

1.2.11 SCR-GE115 Basis For Settlement Of Proposals

1.3 SAFETY/SITE/SECURITY SCR'S

1.3.1 SCR-SS010 Safety And Health Requirements Manual:

1.3.2 SCR-SS020 Signal Lights:

1.3.3 SCR-SS030 Communication Security:

1.3.4 SCR-SS050 Salvage Materials And Equipment (JAN 1965):

1.3.5 AM#02...SCR-SS060 Preservation Of Historical, Archaeological &

Cultural Resources:...AM#02

1.3.6 AM#02...SCR-SS070 Time Extensions For Unusually Severe Weather

(ER 415-1-15, 31 OCT 89):...AM#02

1.3.7 SCR-SS080 Electrical Conformance Inspection

1.4 DESIGN-BUILD SCR'S

1.4.1 SCR-DB010 Government Furnished Specifications And Drawings For

Construction

1.4.2 SCR-DB020 Government-Furnished Specifications, Drawings, Surveys, And Specifications In The Request For Proposal

1.4.3 SCR-DB030 Key Personnel, Subcontractors And Associates Or

Consultants (May 2006):

1.4.4 SCR-DB040 Design-Build Contract - Order Of Precedence

1.4.5 SCR-DB051 Proposed Betterments (AUG 97):

1.4.6 SCR-DB061 Sequence Of Design-Construction (FAST TRACK):

1.4.7 SCR-DB070 Responsibility Of The Contractor For Design

1.4.8 SCR-DB080 Deviating From The Accepted Design

1.4.9 SCR-DB090 Warranty Of Design

1.4.10 SCR-DB100 Government Re-Use Of Design

1.4.11 SCR-DB110 Value Engineering After Award

Section 00 73 00.00 29 Page 1

1.4.12 SCR-DB120 Contractor's Role During Design Process

1.5 CIVIL WORKS SCR'S

1.5.1 AM#04...SCR-CW010 Damage To Work:...AM#04

1.5.2 AM#04...SCR-CW020 Plant Layout Drawings:...AM#04

1.5.3 SCR-CW060 Environmental Litigation:

1.5.4 SCR-CW070 CorpsWatch/iWatch Training

PART 2 PRODUCTS

PART 3 EXECUTION

-- End of Section Table of Contents --

Section 00 73 00.00 29 Page 2

SECTION 00 73 00.00 29

SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 (2014) Safety and Health Requirements Manual

U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)

33 CFR 81 Navigation and Navigable Waters (International Navigation)

33 CFR 84 Navigation and Navigable Waters (Inland Navigation)

33 CFR 89 Navigation and Navigable Waters (Inland Navigation)

1.2 GENERAL SCR'S

1.2.1 SCR-GE010 Insurance - Work On A Government Installation:

In accordance with SECTION 00 72 00, 52.228-5, the Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the following kinds and minimum amounts of insurance:

1. Workman's Compensation and Employers' Liability Insurance:

$100,000.00.

2. General Liability Insurance: A Bodily Injury, Comprehensive policy which provides $500,000.00 per occurrence.

3. Automobile Liability Insurance: A comprehensive policy which provides $200,000.00 per person and $500,000.00 per occurrence for bodily injury and $20,000.00 per occurrence for property damage, covering the operation of its automobiles used in connection with the performance of the contract.

4. Aircraft Public and Passenger Liability Insurance: Where aircraft are used in connection with the performance of the contract; $200,000.00 per person, $500,000.00 per occurrence for bodily injury, other than passenger liability, and $200,000.00 per occurrence for property damage; $200,000.00 per person for passenger liability bodily injury aggregate equal to the total number of seats or number of passengers, whichever is greater.

Section 00 73 00.00 29 Page 3

5. Vessel Collision Liability and Protection and Indemnity Liability Insurance: Where vessels are used in connection with the performance of the contract.

1.2.2 AM#02...SCR-GE030 Certificates Of Compliance And Lab Test Report:...AM#02

AM#02...SEE SECTION 01 33 00: SUBMITTAL PROCEDURES. Any certificates required for demonstrating proof of compliance of materials with specification requirements must be provided in electronic format. C ertificates must be signed by an official authorized to certify in behalf of the manufacturing company and must contain the name and address of the Contractor, the project name and location, and the quantity and date or dates of shipment or delivery to which the certificates apply. Copies of laboratory test reports submitted with certificates must contain the name and address of the testing laboratory and the date or dates of the tests to which the report applies. Certification must not be construed as relieving the Contractor from furnishing satisfactory material, if, after tests are performed on selected samples, the material is found not to meet the specific requirements....AM#02

1.2.3 SCR-GE050 Coordination With Other Contractors:

Contracts may be executed on sites with multiple contractors. Minimize interference and inconvenience through cooperation with other authorized contractors. See Contract Clause 52.236-8, OTHER CONTRACTS.

1.2.4 SCR-GE070 Requirements For Contractors Performance Evaluation:

The Government will evaluate the contractor's performance and prepare a performance report using the Contractor Performance Assessment Reporting System (CPARS), a web-based system (https://www.cpars.gov/index.htm).

After an evaluation (interim or final) is generated by the Government, the contractor will only have the ability to access, review and comment on the evaluation for a period of 60 days. Contractors are highly encouraged to review soonest upon notice of a rated assessment from CPARS. If the Contractor fails to review and or comment on the evaluation within the 60-day period, the evaluation returns to the Government. The Government then finalizes the evaluation without any Contractor comments. CPARS User Manual and other useful tools for Contractors/Entities are available at https://www.cpars.gov/refmatl.htm. The contractor shall provide the Contacting Officer the primary contact name and email address in order to receive the initial email and to access the system.

1.2.5 [Enter Appropriate Subpart Title Here]1.2.9 AM#02...SCR-GE102 Contractor Supply and Use of Electronic Software for Processing Construction Wage Rate Requirements and Related Regulations Certified Labor Payrolls:...AM#02

AM#02...The contractor is encouraged to use a commercially-available electronic system to process and submit certified payrolls electronically to the Government. The requirements for preparing, processing and providing certified labor payrolls are established by the applicable Federal Acquisition Regulation (FAR) Clauses as stated in FAR 52.222-8, PAYROLLS AND BASIC RECORDS and FAR 52.222-13, COMPLIANCE WITH CONSTRUCTION WAGE RATE

REQUIREMENTS AND RELATED ACT REGULATIONS....AM#02

AM#04...If the contractor elects to use an electronic Construction Wage Rate Requirements and Related Regulations payroll processing system, then the contractor will be responsible for obtaining and providing for all access, licenses, and other services required to provide for receipt, Section 00 73 00.00 29 Page 4 processing, certifying, electronically transmitting to the Government, and storing weekly payrolls and other data required for the contractor to comply with Construction Wage Rate Requirements and Related Regulations.

When the contractor uses an electronic Construction Wage Rate Requirements and Related Regulations payroll system, the electronic payroll service must be used by the contractor to prepare, process, and maintain the relevant payrolls and basic records during all work under this construction contract and the electronic payroll service must be capable of preserving these payrolls and related basic records for the required 3 years after contract completion. If the contractor chooses to use an electronic Construction Wage Rate Requirements and Related Regulations payroll system, then the contractor must obtain and provide electronic system access to the Government, as required to comply with the Construction Wage Rate Requirements and Related Regulations over the duration of this construction contract. The access must include electronic review access by the Government contract administration office to the electronic payroll processing system used by the contractor....AM#04

AM#04...The contractor's provision and use of an electronic payroll processing system must meet the following basic functional criteria:

commercially available; compliant with appropriate Construction Wage Rate Requirements and Related Regulations payroll provisions in the FAR; able to accommodate the required numbers of employees and subcontractors planned to be employed under the contract; demonstrated security of data and data entry rights; ability to produce contractor-certified electronic versions of weekly payroll data; ability to identify erroneous entries and track the data/time of all versions of the certified Construction Wage Rate Requirements and Related Regulations payrolls submitted to the Government over the life of the contract; capable of generating a complete set of files in the electronic payroll processing system's format from the system database and a corresponding PDF file (or files) of the same, at contract closeout. This data from the electronic "Construction Wage Rate Requirements and Related Regulations" payroll processing system must be provided to the Government during contract closeout....AM#04

AM#04...All contractor-incurred costs related to the contractor's provision and use of an electronic payroll processing service must be included in the contractor's price for the overall work under the contract. The costs for Construction Wage Rate Requirements and Related Regulations compliance using electronic payroll processing services will not be a separately bid/proposed or reimbursed item under this contract....AM#04

1.2.6 SCR-GE103 Contractor Manpower Reporting

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contractor through their entity's SAM.Gov website. Service Contract Reporting (SCR) replaces the former Contractor Manpower Reporting requirement at the CMR Application (eCMRA). SCR inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year of contract/task order performance.

Contractors are advised that when a contract is applicable for SCR that action will appear within https://www.sam.gov for reporting (there is nothing outside of the Contract Award Action Report (CAR) within the Contract Writing System that the Contracting Officer is required to do). If there are applicable contracts, however, that are not appearing within https://www.sam.gov for reporting, you can contact your Contracting Officer

Section 00 73 00.00 29 Page 5 for additional guidance to verify that action is applicable or to help guide any technical inquiry to the proper support. there are only certain Product Services Codes Applicable.

1.2.7 SCR-GE104 Veterans Employment Emphasis for USACE Contracts

In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS

222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

Federal Veteran employment information at http://www.fedshirevets.gov/index.aspx Department of Labor Veterans Employment Assistance http://www.dol.gov/vets/ Department of Veterans Affairs-VOW to Hire Heros Act http://benefits.va.gov/vow/ Army Wounded Warrior Program -https://wct.army.mil/modules/employers/e1-hireOurSoldiers.html U.S. Chamber of Commerce Foundation-Hiring Our Heros http://www.hiringourheroes.org/ Guide to Hiring Veterans - Reference Material https://www.dol.gov/veterans/hireaveteran/pdf/Employer-Guide-to-Hire-Veterans-June-2018.p Full URL https://www.dol.gov/veterans/hireaveteran/pdf/Employer- Guide-to-Hire-Veterans-June-2018.pdf

1.2.8 SCR-GE112 Equipment Ownership and Operating Expense Schedule (MAR 1995)

(a) This clause does not apply to terminations. See 52.249-9000, Basis for Settlement of Proposals, and FAR Part 49.

(b) Allowable cost for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a contractor or subcontractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial and series for which the Government can determine both ownership and operating costs from the contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the contractor's accounting records, costs for that equipment shall be based upon the applicable provisions of EP 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule, Region IX. Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the contracting officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations shall apply. For retroactive pricing, the schedule in effect at the time the work was performed shall apply.

(c) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36, Rental Costs. Rates for equipment rented from an organization under common control, lease-purchase

Section 00 73 00.00 29 Page 6 arrangements, and sale-leaseback arrangements, will be determined using the schedule, except that actual rates will be used for equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees.

(d) When actual equipment costs are proposed and the total amount of the pricing action exceeds the SAT, the contracting officer shall request the contractor to submit either certified cost or pricing data, or partial/limited data, as appropriate. The data shall be submitted on Standard Form 1411, Contract Pricing Proposal Cover Sheet.

1.2.9 SCR-GE113 Payment for Materials Delivered Off-Site

(a) Pursuant to FAR 52.232-5, Payments Under Fixed Price Construction Contracts, materials delivered to the contractor at locations other than the site of the work may be taken into consideration in making payments if included in payment estimates and if all the conditions of the General Provisions are fulfilled. Payment for items delivered to locations other than the work site shall be limited to:

(1) Materials required by the technical provisions; or

(2) Materials that have been fabricated to the point where they are identifiable to an item of work required under this contract; or

(3) Items specifically listed below.

Payment for materials delivered off-site shall be made only after receipt of paid invoices listing the value of material and labor incorporated in the items along with a canceled check showing the prime contractor's title to the items delivered off site. Payment for materials delivered off-site shall be limited to the following items: Items approved for payment by the Contracting Officer, or their representative.

1.2.10 SCR-GE114 Plant And Material Removal After Contract Termination

Should this contract be terminated as provided in clause 52.232-5001 because of the failure of Congress to provide additional funds for its completion, the contractor may be permitted to remove plant and material on which payments for preparatory work have been made, subject to an equitable deduction from the amounts due the contractor to reimburse the United States for the unabsorbed value of such plant and material.

1.2.11 SCR-GE115 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

Section 00 73 00.00 29 Page 7 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.

1.3 SAFETY/SITE/SECURITY SCR'S

1.3.1 SCR-SS010 Safety And Health Requirements Manual:

EM 385-1-1 and its changes are available at http://www.usace.army.mil/CESO/Pages/Home.aspx. At the HQ homepage, select Safety and Occupational Health.

The Contractor shall be responsible for complying with the current edition and all changes posted on the web (see web address above) as of the effective date of this solicitation and shall comply with the version in effect on the contract award date. This EM 385-1-1 shall remain in effect throughout the life of the contract.

1.3.2 SCR-SS020 Signal Lights:

The Contractor shall display signal lights and conduct its operations in accordance with the General Regulations of the Department of the Army and of the Coast Guard governing lights and day signals to be displayed by towing vessels with tows on which no signals can be displayed; vessels working on wrecks, dredges, and vessels engaged in laying cables or pipe or in submarine or bank protection operations, lights to be displayed on dredge pipe lines, and day signals to be displayed by vessels of more than 65 feet in length moored or anchored in a fairway or channel, and the passing by other vessels of floating plant working in navigable channels, as set forth in Commandant U.S. Coast Guard Instruction M16672.2, Navigation Rules: International-inland (COMDTINST M16672.2) of 33 CFR 81 Appendix A (International) and 33 CFR 84 through 33 CFR 89 (Inland) as applicable.

1.3.3 SCR-SS030 Communication Security:

All communications with DOD organizations are subject to COMSEC review.

Contractor personnel shall be aware that telecommunications networks are continually subject to intercept by unfriendly intelligence organizations.

The DOD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from or terminating at DOD organizations. Therefore, civilian Contractor personnel are advised that any time they place a call to or receive a call from Alaska District offices or Resident Engineer offices located on military installations, they are subject to COMSEC procedures. The Contractor will assume the responsibility for ensuring wide and frequent dissemination of the above information to all employees dealing with official DOD information.

Section 00 73 00.00 29 Page 8

1.3.4 SCR-SS050 Salvage Materials And Equipment (JAN 1965):

The Contractor shall maintain adequate property control records for all materials or equipment specified to be salvaged. These records may be in accordance with the Contractor's system of property control, if approved by the property administrator. The Contractor shall be responsible for the adequate storage and protection of all salvaged materials and equipment and shall replace, at no cost to the Government, all salvage materials and equipment which are broken or damaged during salvage operations as the result of its negligence, or while in its care.

1.3.5 AM#02...SCR-SS060 Preservation Of Historical, Archaeological & Cultural Resources:...AM#02

AM#02...A. There are no known historical, archeological and cultural resources within the Contractor's work area AM#04...DELETED TEXT...AM#04.

The Contractor shall install protection for these resources as shown on the drawings and shall be responsible for their preservation during the contract....AM#02

AM#02...B. If, during construction activities, the Contractor observes items that might have historical or archeological value, such observations must be reported immediately to the Contracting Officer so that the appropriate authorities may be notified and a determination can be made as to their significance and what, if any, special disposition of the finds should be made. The Contractor must cease all activities that may result in the destruction of these resources and must prevent its employees from trespassing on, removing, or otherwise damaging such resources....AM#02

1.3.6 AM#02...SCR-SS070 Time Extensions For Unusually Severe Weather (ER

415-1-15, 31 OCT 89):...AM#02

A. This provision specifies the procedure for determination of time extensions for unusually severe weather in accordance with the Contract Clause entitled "DEFAULT (FIXED PRICE CONSTRUCTION)". In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

1. The weather experienced at the project site during the contract period must be found to be unusually severe; that is, more severe than the adverse weather anticipated for the project location during any given month. Due to wave activity typically no in-water work can occur October through April. No exterior construction typically occurs, except emergency repairs, October through March due to weather conditions.

2. The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the Contractor.

AM#02...B. The following schedule of monthly anticipated adverse weather delaywork daysis based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The Contractor's progress schedule must reflect these anticipated adverse weather delay work days in all weather dependent activities....AM#02

Monthly Anticipated Adverse Weather Delay Work Days Based on a 7-Day Work Week

Section 00 73 00.00 29 Page 9

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

31 28 31 15 4 4 4 11 15 31 30 31

C. Upon acknowledgement of the Notice to Proceed and continuing throughout the contract, the Contractor must record on the daily CQC report, the occurrence of adverse weather and the resultant impact to normally scheduled work. Actual adverse weather delays days must prevent work on critical activities for 50 percent or more of the Contractor's scheduled workday. The number of actual adverse weather days will include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day in each month, and be recorded as full days. If the number of actual adverse weather days exceeds the number of days anticipated in Paragraph B, above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather workdays, and issue a modification in accordance with the Contract Clause entitled "DEFAULT (FIXED-PRICE CONSTRUCTION)".

1.3.7 SCR-SS080 Electrical Conformance Inspection

Provisions shall be made by the contractor for Government inspection of those parts to be energized of all service equipment, transformers, switchboards, panel boards, non-power limited industrial control panels, and motor control centers. Inspections shall be performed after electrical construction is complete, before equipment is energized, and prior to final inspection. However, if special circumstances require parts to be inspected while energized, the contractor shall provide exposure of, and safe and controlled access to, the live parts.

The Government shall be notified not less than five (5) work days in advance of the scheduled inspection date. The Government inspector will be an electrician or electrical engineer qualified (as defined in NFPA 70E) to perform this type of work. Deficiencies found during the inspection shall be documented and corrected, and, at the Government's discretion, re-inspected under the provisions of this paragraph.

1.4 DESIGN-BUILD SCR'S

1.4.1 SCR-DB010 Government Furnished Specifications And Drawings For Construction

This is to clarify Federal Acquisition Regulation FAR 52.236-21, Specifications and Drawings for Construction, refers to any specifications and drawings furnished in the Request for Proposal (RFP). The term "specifications" refers to the design criteria or scope of work, in addition to any attached specifications.

1.4.2 SCR-DB020 Government-Furnished Specifications, Drawings, Surveys, And Specifications In The Request For Proposal

This is to clarify Defense Federal Acquisition Regulation Supplement (DFARS) 252.236-7001, Contract Drawings and Specifications, refers to any Government-furnished design or design criteria included in the Request for Proposal (RFP).

Section 00 73 00.00 29 Page 10

1.4.3 SCR-DB030 Key Personnel, Subcontractors And Associates Or Consultants (May 2006):

In connection with this contract, any in-house personnel, subcontractors, and outside associates or consultants will be limited to individuals or firms that were specifically identified in the Contractor's accepted proposal. The Contractor shall obtain the Contracting Officer's written consent before making any substitution for these designated in-house personnel, subcontractors, associates, or consultants. If the Contractor proposes a substitution, it shall submit the same type of information that was submitted in the accepted proposal to the Contracting Officer for evaluation and approval. The level of qualifications and experience submitted in the accepted proposal or that required by the Solicitation, whichever is greater, is the minimum standard for any substitution.

1.4.4 SCR-DB040 Design-Build Contract - Order Of Precedence

(a) The contract includes the standard contract clauses and schedules current at the time of contract award. It entails (1) the solicitation in its entirety, including all drawings, cuts, and illustrations, and any amendments, and (2) the successful offeror's accepted proposal. The contract constitutes and defines the entire agreement between the Contractor and the Government. No documentation shall be omitted which in any way bears upon the terms of that agreement.

(b) In the event of conflict or inconsistency between any of the provisions of this contract, precedence shall be given in the following order:

(1) Betterments: Any portions of the accepted proposal which both conform to and exceed the provisions of the solicitation.

(2) The provisions of the solicitation.

(3) All other provisions of the accepted proposal.

(4) Any design products including, but not limited to, plans, specifications, engineering studies and analyses, shop drawings, equipment installation drawings, etc. These are "deliverables" under the contract and are not part of the contract itself. Design products must conform to all provisions of the contract, in the order of precedence herein.

1.4.5 SCR-DB051 Proposed Betterments (AUG 97):

A. The minimum requirements of the contract are identified in the Request for Proposal. All betterments offered in the proposal become a requirement of the awarded contract.

B. "Betterment" is defined as any component or system which exceeds the minimum requirements stated in the Request for Proposal. This includes all proposed betterments listed in accordance with the "Proposal Submission Requirements" of the Solicitation, and all Government identified betterments.

C. "Government identified betterments" include the betterments identified on the "List of Accepted Project Betterments" prepared by the Proposal Evaluation Board and made part of the contract by alteration, and all other betterments identified in the accepted Proposal after award.

Section 00 73 00.00 29 Page 11

1.4.6 SCR-DB061 Sequence Of Design-Construction (FAST TRACK):

After receipt of the Contract Notice to Proceed (NTP) the Contractor shall initiate design, comply with all design submission requirements as covered under Division 01 General Requirements, and obtain Government review of each submission. The contractor may begin construction on portions of the work for which the Government has reviewed the final design submission and has determined satisfactory for purposes of beginning construction. The ACO or COR will notify the Contractor when the design is cleared for construction. The Government will not grant any time extension for any design re-submittal required when, in the opinion of the ACO or COR, the initial submission failed to meet the minimum quality requirements as set forth in the Contract.

If the Government allows the Contractor to proceed with limited construction based on pending minor revisions to the reviewed Final Design submission, no payment will be made for any in-place construction related to the pending revisions until they are completed, re-submitted and are satisfactory to the Government.

No payment will be made for any in-place construction until all required submittals have been made, reviewed and are satisfactory to the Government.

(End of Clause)

1.4.7 SCR-DB070 Responsibility Of The Contractor For Design

(a) The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other non-construction services furnished by the Contractor under this contract. The Contractor shall, without additional compensation, correct or revise any errors or deficiency in its designs, drawings, specifications, and other non-construction services and perform any necessary rework or modifications, including any damage to real or personal property, resulting from the design error or omission.

(b) The standard of care for all design services performed under this agreement shall be the care and skill ordinarily used by members of the architectural or engineering professions practicing under similar conditions at the same time and locality. Notwithstanding the above, in the event that the contract specifies that portions of the Work be performed in accordance with a performance standard, the design services shall be performed so as to achieve such standards.

(c) Neither the Government's review, approval or acceptance of, nor payment for, the services required under this contact, shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract. The Contractor shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by the Contractor's negligent performance of any of these services furnished under this contract.

(d) The rights and remedies of the Government provided for under this contract are in addition to any other rights and remedies provided by law.

(e) If the Contractor is comprised of more than one legal entity, each entity shall be jointly and severally liable hereunder.

Section 00 73 00.00 29 Page 12

1.4.8 SCR-DB080 Deviating From The Accepted Design

(a) The Contractor must obtain the approval of the Designer of Record and the Government's concurrence, in the form of a supplemental agreement to the contract, for any Contractor proposed revision to the professionally stamped-and-sealed and Government-reviewed design before proceeding with the revision. The Government reserves the right to disapprove such a revision.

(b) The Government reserves the right to non-concur with any revision to the design, which may impact equipment selections or operations decisions that were made, based on the reviewed design.

(c) Any revision to the design, which deviates from the contract requirements (i.e., the RFP and the accepted proposal), will require a modification, pursuant to the Changes clause, in addition to Government…