W9123620R4000 Amendment 0003.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Construction of an Energetic Waste Incinerator and Contaminated Waste Processor (EWI/CWP) at Radford Army Ammunition Plant in Radford, VA

See Continuation Page for Amendment Details.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 29

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

16C. DATE SIGNED

BY 03-Feb-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 W9123620R4000

X 9B. DATED (SEE ITEM 11)

25-Sep-2020

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

03-Feb-2021

CODE

USACE, NORFOLK DISTRICT OFFICE

CONTRACTING OFFICE

803 FRONT STREET

NORFOLK VA 23510-1011

W91236 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9123620R4000

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION

The required response date/time has changed from 26-Oct-2020 02:00 PM to 22-Mar-

2021 02:00 PM.

CLIN 0001

The CLIN extended description has changed from:

Total cost for construction of a new Energetic Waste Incinerator/ Contaminated Waste Processor (EWI/CWP) at the Radford Army Ammunition Plant (RFAAP) in Radford, Virginia. Pricing will be requested with Phase Two proposals. DO NOT submit any pricing information with Phase One submittal.

To:

Cost for development of the final system Design relative to the plans and specifications, performance criteria and compliance with environmental regulations and explosive safety requirements.

The PSC code Y1EA has been added.

The PROG code C20 has been added.

The NAICS code 236210 has been added.

The MDAP/MAIS Code 000 has been added.

CLIN 0002 is added as follows:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job Site Work

FFP

Cost of Site Work prior to construction associated with Buildings 610 Operations Control Center, 611 Maintenance and Storage, 612 Motor Control Center, 613 Grinder, 614 Car Bottom Loading, 615 Car Bottom Furnace, 616 Kiln and Air Pollution Control System NO. 1, 618 Continuous Emissions Monitoring Systems, 619 90 Day Storage, and the ammonia storage facility, including all related work incidental thereto complete, within the project site limits as shown on the drawings.

Includes grading and drainage and utilities.

FOB: Destination

PSC CD: Y1EA

NET AMT

CLIN 0003 is added as follows:

0003 1 Job Bldg 610 – Operations Control Center

FFP

Construction of site and infrastructure associated with Building 610 – OCC Building, including all related work incidental thereto complete, within the project site limits as shown on the drawings. Includes the computer systems used to monitor all operations of the EWI/CWP facility. Design to be protected from a blast event. Layout includes the main control room, break room, and locker room.

CLIN 0004 is added as follows:

0004 1 Job Bldg 611 – Maintenance and Storage

FFP

Construction of site and infrastructure associated with Building 611 – Maintenance and Storage Building, including all related work incidental thereto complete, within the project site limits as shown on the drawings. Approximately half of the building is a repair bay supported by a mechanical room.

CLIN 0005 is added as follows:

0005 1 Job Bldg 612 – Motor Control Center Building

FFP

Construction of site and infrastructure associated with Building 612 – Motor Control Center Building, including all related work incidental thereto complete, within the project site limits as shown on the drawings. Includes the main electrical feeds and controls for the process equipment.

CLIN 0006 is added as follows:

0006 1 Job Bldg 613 – Grinder Building

FFP

Construction of site and infrastructure associated with Building 613 – Grinder Building, including all related work incidental thereto complete, within the project site limits as shown on the drawings. Includes equipment to grind energetic waste and produce a slurry. Ground energetic waste passes through a cutter to further reduce size and is stored in tanks. Includes a closed loop piping system which pumps the slurry from the Grinder System to the Kiln System.

CLIN 0007 is added as follows:

0007 1 Job Bldg 614 – Car Bottom Loading Building

FFP

Construction of site and infrastructure associated with Building 614 – Car Bottom Loading Building, including all related work incidental thereto complete, within the project site limits as shown on the drawings. The building includes six bays to store non-grindable energetic waste containers and each bay is separated by a substantial dividing wall. Combustible waste will be manually loaded into trays which are transported to the Contained Burn Chamber by an automated conveyor system remotely controlled from the Operations Controls Center Building. The west side of Building 614 housing non-combustible, contaminated items should be constructed as a new separate building, Building 614A.

CLIN 0008 is added as follows:

0008 1 Job Bldg 615 – Car Bottom Furnace Building

FFP

Construction of site and infrastructure associated with Building 615 – Car Bottom Furnace Building, including all related work incidental thereto complete, within the project site limits as shown on the drawings. Includes the Car Bottom Oven to decontaminate metal items that are contaminated with energetic material and the exhaust gases are sent to the afterburner. Includes the Contained Burn Chamber used to combust non-grindable energetic waste, with loading and combustion processes remotely controlled from the Operations Control Center Building, and gases generated from the oxidation of waste are moved by a booster fan to the afterburner. The afterburner is shared by the Car Bottom Oven and Contained Burn Chamber and the exhaust goes to the Secondary Combustion Chamber of the kiln.

CLIN 0009 is added as follows:

0009 1 Job Bldg 616 – Kiln and Air Pollution

FFP

Construction of site and infrastructure associated with Building 616 – Kiln and Air Pollution Control System NO. 1, including all related work incidental thereto complete, within the project site limits as shown on the drawings. The exhaust from the kiln goes to the Air Pollution Control System sized to process the current levels of grindable energetic waste and combustible energetic contaminated waste generated at RFAAP. Kiln includes a Secondary Combustion Chamber to oxidize volatile organic compounds and flue gas from the Contained Burn Chamber and Car Bottom Over afterburner. The Air Pollution Control System includes an evaporative cooler, a baghouse, a selective catalytic reduction system, an adiabatic quench vessel, and a caustic packed tower scrubber. Includes an induced draft fan to exhaust all gas generated to the stack.

CLIN 0010 is added as follows:

0010 1 Job Bldg 618 – CEMS Building

FFP

Construction of site and infrastructure associated with Building 618 – Continuous Emissions Monitoring Systems (CEMS) Building, including all related work incidental thereto complete, within the project site limits as shown on the drawings.

Includes two independent Continuous Emissions Monitoring Systems (CEMS), one for each Air Pollution Control System, to monitor O2, CO, NOx, and NO2 at the exhaust stacks.

CLIN 0011 is added as follows:

0011 1 Job Bldg 619 – 90 Day Storage

FFP

Construction of site and infrastructure associated with Building 619 – 90 Day Storage facility, including all related work incidental thereto complete, within the project site limits as shown on the drawings. Stores ash generated from the facility’s combustion processes. Includes a pad, roof, chain link fence, signage, and must be compliant with RCRA regulations.

CLIN 0012 is added as follows:

0012 1 Job OPTION Option 01 Bldg 617 – Kiln and APCS NO.2

FFP

Construction of the site and infrastructure associated with Building 617 – Kiln and Air Pollution Control System NO. 2, including all related work incidental thereto complete, within the project site limits as shown on the drawings.

CLIN 0013 is added as follows:

0013 1 Job OPTION Option 02 Bldg 617 – Kiln and APCS NO.2

FFP

Construction of the process equipment associated with Building 617 – Kiln and Air Pollution Control System NO. 2, including all related work incidental thereto complete. The exhaust from the kiln goes to the Air Pollution Control System sized to process the current levels of grindable energetic waste and combustible energetic contaminated waste generated at RFAAP. Kiln includes a Secondary Combustion Chamber to oxidize volatile organic compounds and flue gas from the Contained Burn Chamber and Car Bottom Over afterburner. The Air Pollution Control System includes an evaporative cooler, a baghouse, a selective catalytic reduction system, an adiabatic quench vessel, and a caustic packed tower scrubber.

Includes an induced draft fan to exhaust all gas generated to the stack.

The following have been added by full text:

AMENDMENT 0003

The purpose of Amendment 0003 is to:

1. To release the Phase Two RFP and provide the corresponding Attachments;

2. To Provide changes to contract provisions and clauses; and

3. To update the Davis Bacon Wage Determination

All other terms and conditions remain unchanged

NOTICE TO OFFERORS

1. To release the Phase Two RFP and provide the corresponding Attachments. ONLY THOSE OFFERORS

NOTIFIED TO BE INCLUDED IN PHASE TWO FOR THIS PROCURMENT ARE REQUESTED TO SUBMIT

A PROPOSAL.

The following attachments are provided with this amendment:

-Attachment 8 – Contract Line Item Schedule -W9123620R4000 EWI at RFAAP RFP Vol 1 -W9123620R4000 EWI at RFAAP RFP Vol 2 -W9123620R4000 EWI at RFAAP RFP Vol 3

Offerors are reminded to review all documents posted on the BETA SAM website.

PHASE Two PROPOSALS SHALL BE RECEIVED BY 2:00 PM EASTERN DAYLIGHT TIME, MONDAY 22

MARCH 2021

DELIVERIES OF PROPOSALS SHOULD FOLLOW INSTRUCTIONS PROVIDED IN THE ORIGINAL

SOLICITATION AS AMENDED BELOW.

ALL PROPOSAL INQUIRIES MUST BE SUBMITTED VIA PROJNET NO LATER THAN 10 (TEN)

CALENDAR DAYS PRIOR TO PROPOSAL SUBMISSION DUE DATE. REFER TO THE ORIGINAL

SOLICITATION REQUIREMENT FOR SUBMITTAL OF PRE-PROPOSAL INQUIRIES.

Offerors shall follow all Phase Two submission requirements as outlined in the solicitation and subsequent amendments.

2. Updated clauses are provided below

3. Davis Bacon Wage Determination Update

"General Decision Number: VA20210175 01/01/2021

Superseded General Decision Number: VA20200175

State: Virginia

Construction Type: Building

Counties: Floyd, Giles and Montgomery Counties in Virginia.

Includes the independent city of Radford*

BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories).

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.95 for calendar year 2021 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015.

If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.95 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2021. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/01/2021

ASBE0024-006 04/01/2020

Rates Fringes

ASBESTOS WORKER/HEAT & FROST

INSULATOR - MECHANICAL (Duct, Pipe & Mechanical System Insulation)......................$ 38.01 17.37+a

a. PAID HOLIDAYS: New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day,the day after Thanksgiving and Christmas Day provided the employee works the regular work day before and after the paid holiday.

BOIL0045-003 01/01/2017

Rates Fringes

BOILERMAKER......................$ 32.72 25.26

ELEC0466-001 06/01/2020

Rates Fringes

ELECTRICIAN......................$ 37.86 20.99

ENGI0147-019 11/01/2013

Rates Fringes

POWER EQUIPMENT OPERATOR

Cranes 90 tons & over capacity; Tower & Climbing Cranes with Controls 100

ft. above ground............$ 28.30 8.69%+8.15 Cranes under 90 tons........$ 27.38 8.69%+8.15

* IRON0005-010 06/01/2020

Rates Fringes

IRONWORKER.......................$ 33.50 22.99

PAIN0051-033 06/01/2020

Rates Fringes

PAINTER: Spray Only..............$ 25.05 11.17

SUVA2013-063 01/11/2016

Rates Fringes

BRICKLAYER.......................$ 23.54 6.73

CARPENTER........................$ 14.81 2.19

IRONWORKER, REINFORCING..........$ 25.36 6.68

LABORER: Common or General, Including Pipelaying.............$ 11.34 2.00

LABORER: Mason Tender - Brick...$ 13.41 3.15

LABORER: Mason Tender - Cement/Concrete..................$ 15.32 0.00

OPERATOR:

Backhoe/Excavator/Trackhoe.......$ 16.24 0.87

OPERATOR: Bobcat/Skid Steer/Skid Loader................$ 18.95 4.03

OPERATOR: Bulldozer.............$ 16.00 0.00

OPERATOR: Forklift..............$ 19.40 7.00

OPERATOR: Loader................$ 21.28 3.17

OPERATOR: Roller................$ 16.25 4.88

PAINTER (Brush and Roller).......$ 20.01 0.00

PIPEFITTER.......................$ 24.98 9.14

PLUMBER..........................$ 21.15 3.92

ROOFER...........................$ 16.17 3.73

SHEET METAL WORKER, Includes HVAC Duct Installation...........$ 18.38 3.30

TILE FINISHER....................$ 23.40 0.00

TILE SETTER......................$ 27.80 10.25

TRUCK DRIVER: Dump Truck........$ 16.58 1.73

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

Electronic Proposal Submission in DoD SAFE

In accordance with FAR 15.203(c), Electronic commerce may be used to issue RFPs and to receive proposals, modifications, and revisions when contracting by negotiation. Proposals will be submitted through DoD Secure Access File Exchange (DoD SAFE) (https://safe.apps.mil/). All proposals must be uploaded into DoD SAFE infrastructure not earlier than March 19, 2021, and not later than (NLT) March 22, 2021, at 2:00 p.m. Eastern Day Time (EDT). Offerors will require a unique “request code” to upload proposals into DoD SAFE, which must be obtained by email only to POC: Phil Mathews at philip.d.mathews@usace.army.mil and cc:

PPMDContracts@usace.army.mil. The email request for the “request code” must be emailed to the POC NLT March 17, 2021, at 4:00 p.m. EDT.

The OFFEROR IS SOLELY RESPONSIBLE for ensuring that the entire proposal has been received into DoD SAFE with a timestamp NLT 2:00 p.m. EDT on March 22, 2020.

Electronic Proposal Organization and Format

The Offeror shall organize the proposal as set forth in details of the solicitation. The titles and contents of the volumes, as well as the page limitations and number of required copies must be submitted as specified in the solicitation. In the event that solicitation conflicts with the detailed instructions in the paragraphs that follow, the detailed instructions shall take precedence.

The Offeror shall address the factors, sub factors, and their related elements as provided in the solicitation. Be clear, concise, and include detailed explanations for substantiating the validity of stated assertions. Extraneous, repetitious, or wordy submissions are not desired and could result in lower ratings. Elaborate brochures or documentation, detailed artwork, or other embellishments are unnecessary and are not desired. No models, mockups, or videos will be accepted.

Electronic Proposal Uploading

Offerors are responsible for ensuring electronic copies are virus-free and shall run an anti-virus scan before upload into DoD SAFE. Electronic copies of each volume shall be compatible with the following software products: Adobe Acrobat Reader 11 and Microsoft Office Suite (Excel and Project) 2010. The electronic copy shall be in Adobe Acrobat (except for Microsoft Excel documents) portable document file (pdf) searchable text format. Electronic files shall be clearly identified for each volume, section, and item. It is the Offeror’s responsibility to obtain written confirmation of receipt of all electronic files of the full proposal submitted into DoD SAFE.

Any questions regarding electronic proposal submission should be directed to Mr. Phil Mathews in ProjNet.

SECTION 00 21 00 - INSTRUCTIONS

The following have been added by full text:

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

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 365 calendar days from the notice to proceed. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

252.215-7008 ONLY ONE OFFER (JUL 2019)

(a) Cost or pricing data requirements. After initial submission of offers, if the Contracting Officer notifies the Offeror that only one offer was received, the Offeror agrees to--

(1) Submit any additional cost or pricing data that is required in order to determine whether the price is fair and reasonable or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C. 2306a and FAR 15.403-3); and

(2) Except as provided in paragraph (b) of this provision, if the acquisition exceeds the certified cost or pricing data threshold and an exception to the requirement for certified cost or pricing data at FAR 15.403-1(b)(2) through (5) does not apply, certify all cost or pricing data in accordance with paragraph (c) of DFARS provision 252.215-7010, Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data, of this solicitation.

(b) Canadian Commercial Corporation. If the Offeror is the Canadian Commercial Corporation, certified cost or pricing data are not required. If the Contracting Officer notifies the Canadian Commercial Corporation that additional data other than certified cost or pricing data are required in accordance with DFARS 225.870-4(c), the Canadian Commercial Corporation shall obtain and provide the following:

(1) Profit rate or fee (as applicable).

(2) Analysis provided by Public Works and Government Services Canada to the Canadian Commercial Corporation to determine a fair and reasonable price (comparable to the analysis required at FAR 15.404-1).

(3) Data other than certified cost or pricing data necessary to permit a determination by the U.S. Contracting Officer that the proposed price is fair and reasonable [U.S. Contracting Officer to provide description of the data required in accordance with FAR 15.403-3(a)(1) with the notification].

(4) As specified in FAR 15.403-3(a)(4), an offeror who does not comply with a requirement to submit data that the U.S. Contracting Officer has deemed necessary to determine price reasonableness or cost realism is ineligible for award unless the head of the contracting activity determines that it is in the best interest of the Government to make the award to that offeror.

(c) Subcontracts. Unless the Offeror is the Canadian Commercial Corporation, the Offeror shall insert the substance of this provision, including this paragraph (c), in all subcontracts exceeding the simplified acquisition threshold defined in FAR part 2.

252.215-7009 PROPOSAL ADEQUACY CHECKLIST (JAN 2014)

The offeror shall complete the following checklist, providing location of requested information, or an explanation of why the requested information is not provided. In preparation of the offeror's checklist, offerors may elect to have their prospective subcontractors use the same or similar checklist as appropriate.

PROPOSAL ADEQUACY CHECKLIST

REFERENCES

SUBMISSION

ITEM

PROPOSAL

PAGE No.

If not provided EXPLAIN (may use continuation pages)

GENERAL INSTRUCTIONS

1. FAR 15.408, Table 15-2, Section I Paragraph A

Is there a properly completed first page of the proposal per FAR 15.408 Table 15-2 I.A or as specified in the solicitation?

2. FAR 15.408, Table

Paragraph A(7)

Does the proposal identify the need for Government-furnished material/tooling/test equipment? Include the accountable contract number and contracting officer contact information if known.

3. FAR 15.408, Table

Paragraph A(8)

Does the proposal identify and explain notifications of noncompliance with Cost Accounting Standards Board or Cost Accounting Standards (CAS); any proposal inconsistencies with your disclosed practices or applicable CAS; and inconsistencies with your established

PROPOSAL

PAGE No.

If not provided EXPLAIN (may use continuation pages) estimating and accounting principles and procedures?

4. FAR 15.408, Table 15-2, Section I, Paragraph C(1)

FAR 2.101, “Cost or pricing data”

Does the proposal disclose any other known activity that could materially impact the costs?

This may include, but is not limited to, such factors as—

(1) Vendor quotations;

(2) Nonrecurring costs;

(3) Information on changes in production methods and in production or purchasing volume;

(4) Data supporting projections of business prospects and objectives and related operations costs;

(5) Unit-cost trends such as those associated with labor efficiency;

(6) Make-or-buy decisions;

(7) Estimated resources to attain business goals; and

(8) Information on management decisions that could have a significant bearing on costs.

5. FAR 15.408, Table

Paragraph B

Is an Index of all certified cost or pricing data and information accompanying or identified in the proposal provided and appropriately referenced?

6. FAR 15.403-1(b) Are there any exceptions to submission of certified cost or pricing data pursuant to FAR 15.403-1(b)? If so, is supporting documentation included in the proposal?

(Note questions 18-20.)

7. FAR 15.408, Table

Paragraph C(2)(i)

Does the proposal disclose the judgmental factors applied and the mathematical or other methods used in the estimate, including those used in projecting from known data?

8. FAR 15.408, Table

Paragraph C(2)(ii)

Does the proposal disclose the nature and amount of any contingencies included in the proposed price?

PROPOSAL

PAGE No.

If not provided EXPLAIN (may use continuation pages)

9. FAR 15.408 Table 15-2, Section II, Paragraph A or B

Does the proposal explain the basis of all cost estimating relationships (labor hours or material) proposed on other than a discrete basis?

10. FAR 15.408, Table

Paragraphs D and E

Is there a summary of total cost by element of cost and are the elements of cost cross-referenced to the supporting cost or pricing data? (Breakdowns for each cost element must be consistent with your cost accounting system, including breakdown by year.)

11. FAR 15.408, Table

Paragraphs D and E

If more than one Contract Line Item Number (CLIN) or sub Contract Line Item Number (sub-CLIN) is proposed as required by the RFP, are there summary total amounts covering all line items for each element of cost and is it cross-referenced to the supporting cost or pricing data?

12. FAR 15.408, Table

Paragraph F

Does the proposal identify any incurred costs for work performed before the submission of the proposal?

13. FAR 15.408, Table

Paragraph G

Is there a Government forward pricing rate agreement (FPRA)? If so, the offeror shall identify the official submittal of such rate and factor data. If not, does the proposal include all rates and factors by year that are utilized in the development of the proposal and the basis for those rates and factors?

COST ELEMENTS

MATERIALS AND SERVICES

14. FAR 15.408, Table 15-2, Section II Paragraph A

Does the proposal include a consolidated summary of individual material and services, frequently referred to as a Consolidated Bill of Material (CBOM), to include the basis for pricing? The offeror’s consolidated summary shall include raw materials, parts, components, assemblies, subcontracts and services to be produced or performed by others, identifying as a minimum the item, source, quantity, and price.

SUBCONTRACTS (Purchased materials or services)

PROPOSAL

PAGE No.

If not provided EXPLAIN (may use continuation pages)

15. DFARS 215.404-3 Has the offeror identified in the proposal those subcontractor proposals, for which the contracting officer has initiated or may need to request field pricing analysis?

16. FAR 15.404-3(c)

FAR 52.244-2

Per the thresholds of FAR 15.404-3(c), Subcontract Pricing Considerations, does the proposal include a copy of the applicable subcontractor’s certified cost or pricing data?

17. FAR 15.408, Table 15-2, Note 1;

Section II Paragraph A

Is there a price/cost analysis establishing the reasonableness of each of the proposed subcontracts included with the proposal?

If the offeror’s price/cost analyses are not provided with the proposal, does the proposal include a matrix identifying dates for receipt of subcontractor proposal, completion of fact finding for purposes of price/cost analysis, and submission of the price/cost analysis?

EXCEPTIONS TO CERTIFIED COST OR PRICING DATA

18. FAR 52.215-20

FAR 2.101,

“commercial item”

Has the offeror submitted an exception to the submission of certified cost or pricing data for commercial items proposed either at the prime or subcontractor level, in accordance with provision 52.215-20?

a. Has the offeror specifically identified the type of commercial item claim (FAR

2.101 commercial item definition, paragraphs (1) through (8)), and the basis on which the item meets the definition?

b. For modified commercial items (FAR

2.101 commercial item definition paragraph (3)); did the offeror classify the modification(s) as either—

i. A modification of a type customarily available in the commercial marketplace (paragraph (3)(i)); or

ii. A minor modification (paragraph (3)(ii)) of a type not customarily available in the commercial marketplace made to meet Federal Government requirements not exceeding the thresholds in FAR 15.403- 1(c)(3)(iii)(B)?

c. For proposed commercial items “of a type”, or “evolved” or modified (FAR

2.101 commercial item definition paragraphs (1) through (3)), did the

PROPOSAL

PAGE No.

If not provided EXPLAIN (may use continuation pages) contractor provide a technical description of the differences between the proposed item and the comparison item(s)?

19.

[Reserved]

20. FAR 15.408, Table 15-2, Section II Paragraph A(1)

Does the proposal support the degree of competition and the basis for establishing the source and reasonableness of price for each subcontract or purchase order priced on a competitive basis exceeding the threshold for certified cost or pricing data?

INTERORGANIZATIONAL TRANSFERS

21. FAR 15.408, Table 15-2, Section II Paragraph A.(2)

For inter-organizational transfers proposed at cost, does the proposal include a complete cost proposal in compliance with Table 15-2?

22. FAR 15.408, Table 15-2, Section II Paragraph A(1)

For inter-organizational transfers proposed at price in accordance with FAR 31.205- 26(e), does the proposal provide an analysis by the prime that supports the exception from certified cost or pricing data in accordance with FAR 15.403-1?

DIRECT LABOR

23. FAR 15.408, Table 15-2, Section II Paragraph B

Does the proposal include a time phased (i.e.; monthly, quarterly) breakdown of labor hours, rates and costs by category or skill level? If labor is the allocation base for indirect costs, the labor cost must be summarized in order that the applicable overhead rate can be applied.

24. FAR 15.408, Table

Paragraph B

For labor Basis of Estimates (BOEs), does the proposal include labor categories, labor hours, and task descriptions, (e.g.;

Statement of Work reference, applicable CLIN, Work Breakdown Structure, rationale for estimate, applicable history, and time-phasing)?

25. FAR subpart 22.10 If covered by the Service Contract Labor Standards statute (41 U.S.C. chapter 67), are the rates in the proposal in compliance with the minimum rates specified in the statute?

INDIRECT COSTS

PROPOSAL

PAGE No.

If not provided EXPLAIN (may use continuation pages)

26. FAR 15.408, Table 15-2, Section II Paragraph C

Does the proposal indicate the basis of estimate for proposed indirect costs and how they are applied? (Support for the indirect rates could consist of cost breakdowns, trends, and budgetary data.)

OTHER COSTS

27. FAR 15.408, Table 15-2, Section II Paragraph D

Does the proposal include other direct costs and the basis for pricing? If travel is included does the proposal include number of trips, number of people, number of days per trip, locations, and rates (e.g. airfare, per diem, hotel, car rental, etc)?

28. FAR 15.408, Table

Paragraph E

If royalties exceed $1,500 does the proposal provide the information/data identified by Table 15-2?

29.

FAR 15.408, Table

Paragraph F

When facilities capital cost of money is proposed, does the proposal include submission of Form CASB-CMF or reference to an FPRA/FPRP and show the calculation of the proposed amount?

FORMATS FOR SUBMISSION OF LINE ITEM SUMMARIES

30. FAR 15.408, Table 15-2, Section III

Are all cost element breakdowns provided using the applicable format prescribed in FAR 15.408, Table 15-2 III? (or alternative format if specified in the request for proposal)

31. FAR 15.408, Table 15-2, Section III Paragraph B

If the proposal is for a modification or change order, have cost of work deleted (credits) and cost of work added (debits) been provided in the format described in FAR 15.408, Table 15-2.III.B?

32. FAR 15.408, Table 15-2, Section III Paragraph C

For price revisions/redeterminations, does the proposal follow the format in FAR 15.408, Table 15-2.III.C?

OTHER

33. FAR 16.4 If an incentive contract type, does the proposal include offeror proposed target cost, target profit or fee, share ratio, and, when applicable, minimum/maximum fee, ceiling price?

PROPOSAL

PAGE No.

If not provided EXPLAIN (may use continuation pages)

34. FAR 16.203-4 and

FAR

15.408 Table 15-2, Section II, Paragraphs A, B, C, and D

If Economic Price Adjustments are being proposed, does the proposal show the rationale and application for the economic price adjustment?

35.

FAR 52.232-28 If the offeror is proposing Performance- Based Payments did the offeror comply with FAR 52.232-28?

36. FAR 15.408(n)

FAR 52.215-22

FAR 52.215-23

Excessive Pass-through Charges– Identification of Subcontract Effort: If the offeror intends to subcontract more than 70% of the total cost of work to be performed, does the proposal identify: (i) the amount of the offeror’s indirect costs and profit applicable to the work to be performed by the proposed subcontractor(s); and (ii) a description of the added value provided by the offeror as related to the work to be performed by the proposed subcontractor(s)?

252.215-7010 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN

CERTIFIED COST OR PRICING DATA--BASIC (JUL 2019)

(a) Definitions. As used in this provision--

Market prices means current prices that are established in the course of ordinary trade between buyers and sellers free to bargain and that can be substantiated through competition or from sources independent of the offerors.

Non-Government sales means sales of the supplies or services to non-Governmental entities for purposes other than governmental purposes.

Relevant sales data means information provided by an offeror on sales of the same or similar items that can be used to establish price reasonableness taking into consideration the age, volume, and nature of the transactions (including any related discounts, refunds, rebates, offsets, or other adjustments).

Sufficient non-Government sales means relevant sales data that reflects market pricing and contains enough information to make adjustments covered by FAR 15.404-1(b)(2)(ii)(B).

Uncertified cost data means the subset of ``data other than certified cost or pricing data'' (see FAR 2.101) that relates to cost.

(b) Exceptions from certified cost or pricing data.

(1) In lieu of submitting certified cost or pricing data, the Offeror may submit a written request for exception by submitting the information described in paragraphs (b)(1)(i) and (ii) of this provision. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted and whether the price is fair and reasonable.

(i) Exception for prices set by law or regulation--Identification of the law or regulation establishing the prices offered. If the prices are controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial item exception. For a commercial item exception, the Offeror shall submit, at a minimum, information that is adequate for evaluating the reasonableness of the price for this acquisition, including prices at which the same item or similar items have been sold in the commercial market. Such information shall include--

(A) For items previously determined to be commercial, the contract number and military department, defense agency, or other DoD component that rendered such determination, and if available, a Government point of contact;

(B) For items priced based on a catalog--

(1) A copy of or identification of the Offeror's current catalog showing the price for that item; and

(2) If the catalog pricing provided with this proposal is not consistent with all relevant sales data, a detailed description of differences or inconsistencies between or among the relevant sales data, the proposed price, and the catalog price (including any related discounts, refunds, rebates, offsets, or other adjustments);

(C) For items priced based on market pricing, a description of the nature of the commercial market, the methodology used to establish a market price, and all relevant sales data. The description shall be adequate to permit the DoD to verify the accuracy of the description;

(D) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item; or

(E) For items provided by nontraditional defense contractors, a statement that the entity is not currently performing and has not performed, for at least the 1-year period preceding the solicitation of sources by DoD for the procurement or transaction, any contract or subcontract for DoD that is subject to full coverage under the cost accounting standards prescribed pursuant to 41 U.S.C. 1502 and the regulations implementing such section.

(2) The Offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and to determine the reasonableness of price.

(c) Requirements for certified cost or pricing data. If the Offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

(1) The Offeror shall prepare and submit certified cost or pricing data and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be used in any resultant contract, unless the Contracting Officer and the Offeror agree to a different format and change this provision to use Alternate I.

(2) As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the Offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

(3) The Offeror is responsible for determining whether a subcontractor qualifies for an exception from the requirement for submission of certified cost or pricing data on the basis of adequate price competition, i.e., two or more responsible offerors, competing independently, submit priced offers that satisfy the Government's expressed requirement in accordance with FAR 15.403-1(c)(1)(i).

(d) Requirements for data other than certified cost or pricing data. (1) Data other than certified cost or pricing data submitted in accordance with this provision shall include the minimum information necessary to permit a determination that the proposed price is fair and reasonable, to include the requirements in DFARS 215.402(a)(i) and 215.404-1(b).

(2) In cases in which uncertified cost data is required, the information shall be provided in the form in which it is regularly maintained by the Offeror or prospective subcontractor in its business operations.

(3) Within 10 days of a written request from the Contracting Officer for additional information to permit an adequate evaluation of the proposed price in accordance with FAR 15.403-3, the Offeror shall provide either the requested information, or a written explanation for the inability to fully comply.

(4) Subcontract price evaluation. (i) Offerors shall obtain from subcontractors the minimum information necessary to support a determination of price reasonableness, as described in FAR part 15 and DFARS part 215.

(ii) No cost data may be required from a prospective subcontractor in any case in which there are sufficient non- Government sales of the same item to establish reasonableness of price.

(iii) If the Offeror relies on relevant sales data for similar items to determine the price is reasonable, the Offeror shall obtain only that technical information necessary--

(A) To support the conclusion that items are technically similar; and

(B) To explain any technical differences that account for variances between the proposed prices and the sales data presented.

(e) Subcontracts. The Offeror shall insert the substance of this provision, including this paragraph (e), in subcontracts exceeding the simplified acquisition threshold defined in FAR part 2. The Offeror shall require prospective subcontractors to adhere to the requirements of--

(1) Paragraphs (c) and (d) of this provision for subcontracts above the threshold for submission of certified cost or pricing data in FAR 15.403-4; and

(2) Paragraph (d) of this provision for subcontracts exceeding the simplified acquisition threshold defined in FAR part 2.

252.227-7023 DRAWINGS AND OTHER DATA TO BECOME PROPERTY OF GOVERNMENT. (MAR

1979)

All designs, drawings, specifications, notes and other works developed in the performance of this contract shall become the sole property of the Government and may be used on any other design or construction without additional compensation to the Contractor. The Government shall be considered the "person for whom the work was prepared" for the purpose of authorship in any copyrightable work under 17 U.S.C. 201(b). With respect thereto, the Contractor agrees not to assert or authorize others to assert any rights nor establish any claim under the design patent or copyright laws. The Contractor for a period of three (3) years after completion of the project agrees to furnish all retained works on the request of the Contracting Officer. Unless otherwise provided in this contract, the Contractor shall have the right to retain copies of all works beyond such period.

252.227-7033 RIGHTS IN SHOP DRAWINGS (APR 1966)

(a) Shop drawings for construction means drawings, submitted to the Government by the Construction Contractor, subcontractor or any lower-tier subcontractor pursuant to a construction contract, showing in detail (i) the proposed fabrication and assembly of structural elements and (ii) the installation (i.e., form, fit, and attachment details) of materials or equipment. The Government may duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under this contract.

(b) This clause, including this paragraph (b), shall be included in all subcontracts hereunder at any tier.

SECTION 00 70 00 - CONDITIONS OF THE CONTRACT

The Acceptance/Inspection Schedule for CLIN 0001 has been changed from:

INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

N/A N/A N/A Government

To:

INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

US ARMY CORPS OF

ENGINEERS, NORFOLK

803 FRONT STREET

NORFOLK VA 23510-1011

Government US ARMY CORPS OF

ENGINEERS, NORFOLK

803 FRONT STREET

NORFOLK VA 23510-1011

Government

The…