Amendment 0005.pdf

W81ET401134505

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

RE: Dashields Waterw ay Sign Install and Mooring Cell Repair, Coraopolis, Allegheny County, PA

The purpose of this amendment is to: 1) Provide responses to questions received; 2) Revise three (3) Sections of the Technical Specif ications; 3) Revise Section 00 21 00-06 BID BOND REQUIREMENTS of Addendum to Section 00 21 00 Instructions; 4) Revise DFARS 252-236-7001 w ith the Replacement of Attachment 3 containing the current Wage Determination; and 5) Delete and Replace in its entirety FAR Provision 52.204-24 and FAR Clause 52.204-25. FAR 52.204-24 must be completed and returned w ith the Bid Package.

Details are specified in the Summary of Changes of this Amendment.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 13

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

16C. DATE SIGNED

BY 02-Sep-2020

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W911WN20B8005

X 9B. DATED (SEE ITEM 11)

29-Jul-2020

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

02-Sep-2020

CODE

U.S. ARMY ENGINEER DISTRICT, PITTSBURGH

ATTN CELRP-CT

W S MOORHEAD FEDERAL BUILDING

1000 LIBERTY AVENUE ROOM 2203

PITTSBURGH PA 15222-4186

W911WN 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W911WN20B8005

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE (SF 30)

The following have been added by full text:

AMENDMENT 0002

Reference: Technical Specifications, Dashields Locks and Dam, New Mooring Cell and Waterways Danger Sign, Attachment 1 to the Solicitation.

The following specification sections have been revised and are attached to this amendment:

01 35 26.00 08 GOVERNMENTAL SAFETY REQUIREMENTS

Paragraph 1.6.1.1.1 Additional Site Safety and Health Officer (SSHO) Requirements and Duties Edited paragraph.

01 45 00.00 08 QUALITY CONTROL

Paragraph 3.4.3.1 Environmental Control Representative (ECR) and Field Staff

09 97 02 PAINTING: HYDRAULIC STRUCTURES

Paragraph 1.3.3.1 Test Plate

Paragraph 3.3.3 System 16-A

SECTION 00 21 00 - INSTRUCTIONS

QUESTIONS AND ANSWERS

A total of 12 questions were received on this project. Listed below are the questions and answers.

Q1: Referencing the Painting Specification 09 97 02 the coating system for the sheet pile is noted as 16-A and the Painting Schedule notes that this system is a three coat system. Paragraph 3.3.3 System 16-A notes that the first coat is to be done “in the shop or field as indicated” with the second and third coats applied in the field.

Typically sheet pile are always shop coated and only touched up in the field. Please clarify this requirement.

A1: All components shall be fully painted in the shop with touch-up painting in the field as necessary. See revised Specification Section 09 97 02 attached to the Amendment.

Q2: Referencing the Painting Specification 09 97 02, the limits of coating on the sheet pile is not clear.

Typically the lower section of the sheet pile that is embedded in the river bottom alluvium is uncoated, will this be acceptable?

A2: The entirety of the sheet pile is to be fully coated.

Q3: Referencing Specification Section 01 35 26.00 08 GOVERNMENTAL SAFETY REQUIREMENTS, Paragraph 1.6.1.1 includes “The SSHO may serve as Quality Control Manager ….” Section 1.6.1.1.1 has “The SSHO may not serve as the Quality Control Manager.” Please clarify this conflict. Typically on a job of this size two-hatting is permitted.

A3: The Quality Control Manager may serve as the project SSHO. See revised Specification Section 01 35 26.00 08 attached to the Amendment.

Q4: Spec. Section 01 45 00.00 08 paragraph 3.4.3.1 Environmental Control Representative (ECR) and Field Staff, outlines requirements for onsite staff and refers to “installation and operation of the water treatment system’ ensuring monitoring, sampling and testing of effluent from the treatment system,….” Please clarify what treatment system is being referenced. For the work scope a field environmental reps should not be a necessary position.

A4: A field environmental representative is required for this project. There is no water treatment system involved in this project. See revised Specification Section 01 45 00.00 08 attached to the Amendment.

Q5: Spec. Section 02 22 13 VIBRATION MONITORING REQUIREMENTS FOR EXISTING MOORING CELL, Paragraph 3.1 includes “Contractor is responsible to document pre-existing conditions, and to avoid damaging existing mooring cell that was determined to be susceptible to vibration.” Please clarify if this requirement will necessitate a complete underwater survey and evaluation of the existing conditions of the cell, above and beyond that done by the Government. Note existing mooring cell is being encapsulated in the new cell!

A5: This requirement necessitates a complete underwater survey and evaluation of the existing conditions of the cell. The underwater survey provides data that will inform the Contractor of the overall state of the cell and will allow the Contractor to make informed decisions regarding the condition of the structure to ensure worker safety.

Q6: Spec. Section 02 22 13 VIBRATION MONITORING REQUIREMENTS FOR EXISTING MOORING CELL, Paragraph 1.3.1 outlines the qualifications and responsibilities of the Vibration Control Specialist including the responsibility for determining the “limits of susceptibility to vibration damage due to pile driving induced ground vibration.” We are unaware of any professionals that are capable of meeting this requirement especially for a partially failing cell. Does the Government have experience in this area and can you provide any contacts. Such considerations should have been taken into account when the Government made the decision to encase the existing cell in-lieu of removal and replacement.

A6: The Government does have experience in this area. There are Engineering/Geotechnical firms in the area that can provide this service. Firms that specialize in geoscience/geophysics should be able to provide a monitoring service. This service was previously provided on a Corps project.

Q7: Spec. Section 02 22 13 VIBRATION MONITORING REQUIREMENTS FOR EXISTING MOORING CELL, Paragraph 3.6, what is the point in a post construction survey of the existing cell once the new sheets are driven?

A7: Post construction survey of the existing mooring cell after the sheet pile is driven for the new mooring cell will indicate the level of displacement/settlement, if any, of the existing cell. Such information will help the Government better plan future projects which are similar in nature.

Q8: Referencing Spec. Section 09 97 02 PAINTING: HYDRAULIC STRUCTURES, Paragraph 1.3.3.1 Test Plates. The two test plates described do not appear to have any association with the scope of the work. Can smaller samples of sections of sheet pile and banding be painted which would be significantly less costly?

A8: The test plates shall be as described in the specifications. See revised Specification Section 09 97 02 attached to the Amendment.

Q9: When is the anticipated start date for construction?

A9: Within 10 days of contract award, the awardee will provide performance and payment bonds. Once acceptable bonds are provided, an Notice to Proceed (NTP) will be issued. Once submittals have been approved, construction may commence. The period of performance is 365 days from NTP.

Q10: Will there be other construction occurring during this project? Possibly the installation of the waterway safety boom?

A10: Yes. The waterway boom installation contractor will be working upstream of the Dashields Dam, but a specific time schedule has yet to be provided by the contractor. The waterway boom contractor has to have the horizontal booms installed no later than 20 May 2021. Also, potentially depending on funding, a geotechnical subsurface drilling contract might be occur at this same time, but it is unsure at this time. Other projects may experience schedule delays that could impact this project. Contractor shall coordinate the schedule with the Contracting Officer or their designated representative.

Q11: Is the designated contractor mooring area for this project only? Or shared with other contractors working on other projects?

A11: The waterway boom installation contractor will be working upstream of the Dashields Dam, but a specific time schedule has yet to be provided by the contractor. The waterway boom contractor has to have the horizontal booms installed no later than 20 May 2021. It is unclear if the Boom Contractor will need the same mooring area, which included for that Contractor’s use for mooring also. This Contractor shall coordinate the schedule with the Contracting Officer or their designated representative to avoid any potential conflict.

Q12: In the designated mooring area will we be able to tie to the upper guard wall? Or will we need temporary mooring piles? Or spuds through the barge deck?

A12: The Contractor is permitted to tie off to the upper guard wall. However, the Contractor is responsible for adjusting mooring lines to account for changes in water level and maintaining a safe environment while moored.

The Contractor is permitted to use spuds. However, the Contractor is responsible for not damaging the upper guard wall or its foundation.

The following have been modified:

ADDENDUM TO SECTION 00 21 00

00 21 00-01 POINT OF CONTACT

Inquiries may be made by writing this office, or by calling (collect calls not accepted), the following individuals:

Janie Roney 412-395-7474 Email: Janie.L.Roney@usace.army.mil

Requests for hardcopies of the specifications will not be honored by telephone. Vendors must register at https://www.beta.sam.gov/ . This site is also used for obtaining bid results and award information.

00 21 00-02 SUBMISSION OF BIDS

Bids: A LL RESPONSES TO THIS ANNOUNCEMENT SHALL BE SUBMITTED ELECTRONICALLY. Hand carried delivery or USPS/UPS/FEDEX delivery of hard copies and or CD-ROMs are not authorized. Facsimile submission is not authorized. Electronic Bid Submission is required through the Army’s Electronic File Sharing Service, DOD SAFE (https://safe.apps.mil). The DOD SAFE Application is used to send large files to individuals that would normally be too large to send via email. There are no user accounts for SAFE. Authentication is handled via email. Anyone has access to DOD SAFE, and the application is available for use by anyone. The SAFE “Getting Started Guide” has information on how to utilize the system (https://safe.apps.mil/about.php). Instructions for uploading are as follows:

1. Send an email to the Contracting Officer and Contract Specialist to receive the drop off link where you will submit your bid package. The email request for the drop off link will need to be completed no sooner than 7 calendar days prior to the bid due date and time but no later than 1 calendar day prior to the bid due date.

a. Janie Roney, Contract Specialist at Janie.L.Roney@usace.army.mil

b. Carole Householder, Contracting Officer at Carole.Householder@usace.army.mil

2. You will receive an email from NoReplyTo@mail.mil with the drop off link, Claim ID, Recipient Code, and Claim Passcode to submit your bid package. As this is a system generated message, please be sure to check your junk or spam folder as it may be there depending on email settings.

3. Click the Add File(s) or Drag and Drop your file(s). See below for the file naming convention requirements.

4. Click Upload button to send documents.

5. Guest users will need to check their email to verify their email address before the recipients will be notified. No additional action is required by CAC users.

File Size Limitations: Bidders are advised to follow the DOD SAFE instructions for uploading files. DOD SAFE supports delivery up to 8GB. If a file size greater than 8GB is anticipated, bidders are advised to contact the Contract Specialist and Contracting Officer.

File Naming Convention: To ensure your submission is received and processed appropriately, it is important that interested parties CAREFULLY ensure their electronic files adhere to the following naming convention:

W911WN20B8005-FIRMNAME-BID

W911WN20B8005-FIRMNAME-BID BOND

If providing more than one file, each file name shall begin with the solicitation number followed by the firm’s name and a brief file description. Please see examples above.

File Organization: The entire bid package, to include completed SF1442, acknowledgement of all amendments, and valid bid bond (SF24) including powers of attorney shall be submitted as one pdf document.

Upload Completion & Deadline: Bidders shall submit bid packages no later than the date and time specified in Block 13A on the SF1442. The time & date of bid receipt will be the upload completion/delivery time & date recorded within DOD SAFE site. Do not assume that electronic submission will occur instantaneously. Large files (e.g. 10MB or more) will take some time to upload. Bidders should time their upload effort with prudence by not waiting until the last few minutes - this will allow for unexpected delays in the transmittal process. Bidders are encouraged to keep a copy of the upload confirmation for their record.

00 21 00-03 BID OPENINGS

Due to health and safety concerns related to COVID-19 pandemic, the bid opening for this project will be conducted virtually by teleconference as follows:

a. Bid Opening will be by teleconference to begin promptly on the date and time specified in Block 13A on the SF1442. At the time of the bid opening, all bids received will be downloaded by the Government official opening the bids. Once all bids have been downloaded, they will be individually opened and read aloud.

b. Bidders should call into the teleconference 10 minutes prior to the teleconference start time at (877-402- 9753), access code (6818503), and security code (8005).

All bids are required to be received by the bid acceptance closing date and time stated in Block 13A of the Standard Form 1442.

00 21 00-04 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 require material changes in the 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 Office will enable bidders to revise their bids. In such cases, the amendment will include an announcement of the new date for opening bids.

00 21 00-05 POSTPONEMENT OF BID OPENINGS

a. Bid openings may be postponed up to or even after the time scheduled for bid opening under the following circumstances:

(i.) when the Contracting Officer has reason to believe that the bids of an important segment of bidders have been delayed for causes beyond their control and without their fault or negligence (such as, but not limited to, flood, fire, accident, weather conditions or strikes); or

(ii.) when emergency or unanticipated events interrupt normal Government processes so that the conduct of bid openings as scheduled is impracticable; or

(iii.) when interruption of Government technology systems prevents bid opening as scheduled.

b. At the time a determination is made to postpone a bid opening under a.(i) above, an announcement of the determination shall be publicly posted and, if practicable before issuance of formal amendment of the invitation, otherwise communicated to prospective bidders likely to attend the scheduled bid opening.

c. In the case of a.(ii) above, when urgent Government requirements preclude amendment of the solicitation, the time specified for opening of bids will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. In such case, the time of actual bid opening shall be deemed to be the time set for bid opening for the purpose of determining “late bids” under FAR 14.304.

d. In the case of a(iii) above, when the bid opening is scheduled for a specific date and time but interruption of Government technology prevents bid opening and precludes and amendment, the time specified for opening of bids will be deemed to be extended to the same time of day specified in the solicitation on the next business day. In such case, the time of actual bid opening shall be deemed to be the time set for bid opening for the purpose of determining “late bids” under FAR 14.304.

00 21 00-06 BID BOND REQUIREMENTS

Each bidder shall submit with his electronic bid package, an electronic copy of the Bid Bond form using the “current version” of Standard Form 24 (SF24) with good and sufficient surety or sureties acceptable to the Government in the penal sum of twenty percent (20%) of the bid price or $3,000,000.00, whichever is lesser. In order to be considered an acceptable surety, a corporate surety must appear on the list contained in the Department of Treasury Circular 570, “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies”. The bid bond penalty may be expressed in terms of a percentage of the bid price or may be expressed in dollars and cents. A valid Power of Attorney for an individual acting as agent for surety shall accompany the bond.

FAILURE TO FURNISH A BID BOND OR A VALID POWER OF ATTORNEY, AS SPECIFIED, WITH BID MAY RESULT IN REJECTION OF BID FOR NON-COMPLIANCE *Standard Form 24 (Bid Bond) can be found on the GSA Forms website at https://www.gsa.gov/portal/forms/type/SF

Electronic signatures and electronic, mechanically-applied, or printed dates may be used and shall be considered original signatures and dates, without regard to the order in which they are affixed.

In addition to the electronic copy of the Bid Bond, bidders are required to submit a hard copy version of the original bid bond and valid Power of Attorney to the address identified in Block 7 of the SF 1442. The hard copy Bid Bond must be identical to the electronic version submitted with the electronic bid package. Any differences in the electronic version and the hard copy versions may result in rejection of bid. Hard copy bid bonds will be validated for acceptability as soon as possible after receipt.

00 21 00-07 CERTIFIED OR CASHIER’S CHECKS, BANK DRAFTS, MONEY ORDERS OR CURRENCY

When a certified or cashier's check, bank draft, money order, or currency is furnished in lieu of furnishing a surety or sureties on a bond, the regular form of bond must be utilized and signed by the bidder. In the space provided for the insertion of the surety, a statement shall be made substantially as follows:

“In lieu of surety (Insert here a description of the negotiable instrument or currency. Description to include where appropriate, date and number of negotiable instrument, bank on which drawn and amount) was furnished. The (check, sum, etc.) was deposited with the Finance and Accounting Officer, of Engineers, Department of the Army, (insert address).”

An electronic copy of any certified or cashier’s check, bank draft, money order, or currency must be included in the electronic bid package.

In addition to the electronic copy, any certified or cashier’s check, bank draft, money order, or currency must be submitted in hard copy original to the address identified in Block 7 of the SF 1442. The hard copy must be identical to the electronic version submitted with the electronic bid package. Any differences in the electronic version and the hard copy versions may result in rejection of bid. Hard copy documents will be validated for acceptability as soon as possible after receipt.

00 21 00-08 LOCATION AND DESCRIPTION OF WORK

Location. The work is located at Dashields Lock and Dam, Ohio River, Coraopolis, PA; Allegheny County, PA.

Description. The work consists of removal of existing signage for return to the Government, demolition of existing concrete cap, encapsulation of existing mooring cell with new sheet pile cell, installation of line hook framing and armor banding, consolidation of existing fill material, placement and compaction of new fill material, placement of new concrete and installation of new waterway danger signage and ladder. For a complete description of work see Technical Specification Section 01 11 00 Summary of Work.

00 21 00-09 SUBMISSION OF QUESTIONS

Due to the importance of maintaining the schedule for this project, it is requested that all questions regarding the solicitation, specifications, and/or drawings be submitted no later than 12:00PM ET on Wednesday August 12, 2020 August 19, 2020. All questions must be in writing, emailed to Janie.L.Roney@usace.army.mil. Any questions received after the above deadline will be answered at the discretion of the Contracting Officer. Answers to submitted questions will be provided in an amendment to the Solicitation.

Request for hardcopies of specifications will not be honored. Vendors must register as an interested vendor at h ttp://beta.sam.gov. This site is also used for obtaining bid results and award information.

00 21 00-10 AWARD

Award will be made as a whole to one responsive/responsible bidder submitting the lowest priced bid.

00 21 00-11 ESTIMATED COST OF THE WORK

The estimated cost of the proposed work is between $1,000,000 and $5,000,000.

00 21 00-12 SCOPE OF EMPLOYMENT OF ROFESSIONAL REGISTRANTS

This project was designed by the Pittsburgh District of the U.S. Army Corps of Engineers. The initials or signatures and registration designations of individuals appearing on these project documents are within the scope of their employment as required by ER 1110-1-8152.

00 21 00-13 ACCESS TO SITE

The site of the work may be reached from state highways and local roads and streets, and the inland waterway system, as indicated on the drawings.

00 21 00-14 MINIMUM RATES

The wage rates specified in these specifications represent the minimum rates to be paid on the work and are not intended to represent the actual rates that the Contractor may have to pay.

The Government does not guarantee that a sufficient supply of qualified labor can be obtained at the minimum rates specified.

00 21 00-15 UNBALANCED BIDS

A Contractor’s bid which is found to be materially unbalanced may be rejected.

00 21 00-16 PRE-AWARD SURVEY

Prior to award of the contract, the apparent low bidder will be required to furnish the following information upon request by the Contracting Officer:

(a) Financial ability to perform the contract, including the availability of necessary working capital and credit.

Bidder shall furnish a copy of its current financial statement and obtain statements from its bank or banks and/or lending institutions with whom it does business as to its credit and other data deemed pertinent regarding its ability to perform the work.

(b) Business and financial reputation and integrity. Bidder shall furnish names and addresses of four or more commercial firms for whom work has been performed recently or is under construction. A brief description of the projects and dollar value of the same shall also be furnished. Data on work performed which is similar to the proposed work is preferred. The same information is required regarding work performed for other Government installations.

(c) Give brief history of business experience, including length of time in present business.

(d) Furnish statement as to similarity between services being rendered and those required by the proposed contract.

(e) Indicate total dollar amount of all business on hand (military and commercial) with brief description of major projects and locations of same.

(f) Furnish statement of facilities, materials, together with a list of key personnel and their qualifications available for performance of proposed contract.

(g) Furnish name and address of surety company which will furnish performance and payment bonds.

(h) Furnish names and addresses of proposed subcontractors.

The Government reserves the right to request any other pertinent information deemed necessary to make a responsibility determination in accordance with FAR 9.1.

00 21 00-17 ELECTRONIC MAIL (E-MAIL) ADDRESS

Establish and maintain electronic mail (e-mail) capability along with the capability to open various electronic attachments as text files, pdf files, and other similar formats. Within 10 days after contract award, provide the Contracting Officer a single (only one) e-mail address for electronic communications from the Contracting Officer related to this contract including, but not limited to contract documents, invoice information, request for proposals, and other correspondence. The Contracting Officer may also use email to notify the Contractor of base access conditions when emergency conditions warrant, such as hurricanes or terrorist threats. Multiple email addresses are not allowed.

It is the Contractor's responsibility to make timely distribution of all Contracting Officer initiated e-mail with its own organization including field office(s). Promptly notify the Contracting Officer, in writing, of any changes to this email address.

(End of Addendum)

SECTION 00 45 00 - REPRESENTATIONS AND CERTIFICATIONS

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

The following have been deleted:

52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

DEC 2019

SECTION 00 70 00 - CONDITIONS OF THE CONTRACT

The following have been added by reference:

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2020

The following have been modified:

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall--

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

Technical Specifications, Dashields Locks and Dam, New Mooring Cell and Waterways Danger Sign, Attachment 1

Contract Drawings, Dashields Locks and Dam, New Mooring Cell and Waterways Danger Sign, Attachment 2

-Wage Determination General Decision No. PA20200002 (07/31/2020); State: PA, Heavy and Highway (Allegheny County), Attachment 3.

-Wage Determination General Decision No. PA20200002 (08/21/2020); State: PA, Heavy and Highway (Allegheny County), Attachment 3.

-Dashields L/D New Mooring Cell and Waterway Danger Sign Visual Presentation, Attachment 4

(End of clause)

The following have been deleted:

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2019

(End of Summary of Changes)