21-B-5014 Amendment 1.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

W9123621B5014 Spillbox 1 is hereby Amended as follow s:

1. Wage Determination is hereby changed from VA20200001 dated 10/02/2020 to VA20210055 dated 01/01/2021

2. Site Visit is hereby changed from 08 January at 1:30 pm to 15 January at 1:30 pm

3. Uploaded pages 24 - 34 in the Final Plans Craney Island Spillw ay No. 1 Replacement

Contracting POC: Jack Bass 757-201-7385 Jack.B.Bass@usace.army.mil

1. CONTRACT ID CODE PAGE OF PAGES

J 1 19

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

16C. DATE SIGNED

BY 07-Jan-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 W9123621B5014

X 9B. DATED (SEE ITEM 11)

29-Dec-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, 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

07-Jan-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:

W9123621B5014

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 21 00 - INSTRUCTIONS

The following have been modified:

INFORMATION TO BIDDERS

1. PROJECT DESCRIPTION

The Craney Island Dredged Material Management Area (CIDMMA) is a confined upland dredge material placement site located in Portsmouth, Virginia; adjacent to the Port of Hampton Roads. The work consists of replacing the existing land-based steel and concrete Spillway #1 with a new free-standing steel frame Spillbox #1 at CIDMMA in Portsmouth, Virginia. The CIDMMA spillways support removing clarified water from the facility to meet state water quality standards. The partial demolition of the existing spillway, outfall pipelines, and the construction of the new spillway must be synchronized to ensure the existing spillway remains functional until the new spillway is working as its replacement.

All work will be contained within the CIDMMA boundaries including soil material borrow sites. The outfall pipeline and spillway work shall be performed by earth moving, hauling and placement equipment and steel structural raising equipment. Construction techniques and equipment must accommodate soft and saturated subsurface and surface soil conditions which are highly susceptibility to rapid and long-term settlements under instantaneous and sustained loading conditions that are often related to changing water levels. The contractor is responsible for dewatering all work sites. Materials to be used from the designated borrow site shall be excavated and mixed to meet contract requirements. Fill materials to be used for construction shall be tested to ensure minimum contract requirements are satisfied prior to transport of material to the project site. The contractor will be responsible for surveys and associated documentation for planning, progress billings, and final as-built drawings.

The contract will include grubbing and clearing of dike areas to be excavated; and hydro seeding of all disturbed and new work areas after construction is complete.

2. BIDDER QUESTIONS AND COMMENTS

All questions and/or comments should reach the above referenced Contracting Office via ProjNet no later than 25 January 2021, in order that they may be given consideration or actions taken prior to receipt of offers. No inquiries shall be accepted later than 10 days prior to bid closing date and time.

Technical inquiries and questions relating to proposal procedures or bonds are to be submitted via Bidder Inquiry in ProjNet at http://www.projnet.org/projnet. To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into system. To self-register go to web page, click BID tab select Bidder Inquiry, select agency USACE, enter Key for this solicitation listed below, and your email address, click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue. From this page you may view all bidder inquiries or add inquiry. Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

The Solicitation Number is: W91236-21-B-5014 The Bidder Inquiry Key is: QSI73M-USNHQ9 The Bidder Inquiry System will be unavailable for new inquires 10 days prior to bid opening in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary. Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP

3. SPECIAL BID SUBMISSION INSTRUCTIONS DUE TO COVID-19

The Norfolk District anticipates the possibility that its building will be closed during the time for bid submission due to the evolving requirements arising in response to COVID-19. Accordingly, the Norfolk District will NOT accept bids my mail, hand-carry, or commercial courier (that is, no physical bids will be accepted in response to this solicitation). All bids must be submitted by electronic commerce only (that is, by submission via DoD SAFE, as discussed below, only).

Electronic Bid Submission in DoD SAFE In accordance with (IAW) FAR 52.214-7, LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS, all bids must be received at the initial point of entry to the Government infrastructure not later than 3:00 p.m. Eastern Standard Time (EST) on 04 February 2021. Proposals will be submitted through DoD Secure Access File Exchange (DoD SAFE) (https://safe.apps.mil/). DoD SAFE is the Government infrastructure utilized to secure bid proposals and IAW FAR 14.202-8, citing FAR 4.5, and as limited by the requirements of the AFARS, 5104.502- 90.

All proposals must be uploaded into DoD SAFE infrastructure not earlier than 01 February 2021, and not later than (NLT) 04 February 2021, at 3:00 p.m. Eastern Standard Time (EST). Offerors will require a unique “request code” to upload proposals into DoD SAFE, which must be obtained by email only to POC: Jack Bass at Jack.B.Bass@usace.army.mil, and cc: PPMDContracts@usace.army.mil. The POC must receive the email for the “request code” NLT 04 February 2021, at 2:00 p.m. EST. The electronic bid submittal contents shall conform to the details of the solicitation and subsequent amendments. The OFFEROR IS SOLELY RESPONSIBLE for ensuring that the entire proposal has been received into DoD SAFE with a timestamp NLT 3:00 p.m. EST on 04 February 2021, utilizing email address Axel.F.Doody@usace.army.mil as the POC email address within the DoDSAFE upload.

The electronic bid submittal contents shall conform to the details of the solicitation and subsequent amendments. If the bidder needs to re-access DoD SAFE, it will need to re-request another code. If the bidder encounters technical challenges uploading, it may elect to transmit the files via e-mail to the addresses provided in the paragraph above.

The subject line of the email must include: BID – W91236-21-B-5014. The body of the email must not include any procurement sensitive information from the bid to avoid that information being disclosed prior to bid opening.

Bidders are STRONGLY encouraged to avoid waiting until the last minute to attempt to transmit their bids. The electronic bid submittal contents shall conform to the details of the solicitation and subsequent amendments.

Electronic Bid Opening There will be a “public” bid opening conducted by the Government via teleconference on 05 February 2021, at 2:00 p.m. EST for participating bidders. The teleconference phone number, and access codes will be emailed to participants once bid submission due date and time have lapsed. Bidders will be able to participate in the reading of the bids through this teleconference.

In the event the Norfolk District building is closed at the time of bid opening, a bid abstract containing bid results will be distributed to participating bidders within twenty-fours (24) hours of the bid opening. Upon request, the Norfolk District will make the opened bids available for examination.

A copy of the duly executed bid guarantee (signed by principal and surety) must also be included in the attachment labeled “Bid.21B5014_”Bidder Name”.” A physical copy of the bid guarantee in proper form must be submitted within seventy-two (72) hours to the Government upon request from the apparent low bidder. Additionally, the bid submission shall provide signed BID by letter to include SF1442 and SF 30 acknowledgement of all Amendments.

Bid Bonds The solicitation hereby incorporates Deviation 2020-O0016 to FAR 28.106-1. For any bid bond, performance bond, or payment bond that may be required under this procurement, a seal is not required. In the event of conflict in another provision in the solicitation, the Deviation will control.

Electronic Bid 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 shall be compatible with the following software products: Adobe Acrobat Reader 11 and Microsoft Office Suite (Excel and Project) 2010. The electronic copies 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 section and item as detailed in the solicitation. It is the Offeror’s responsibility to obtain written confirmation of receipt of all electronic files of the bid submitted into DoD SAFE.

Any questions regarding bid submission should be directed to Mr. Jack Bass in ProjNet.

4. BID EVALUATION AND AWARD:

The Government will evaluate bids in response to this solicitation based upon the Total Evaluated Price without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government considering only price and the price-related factors specified elsewhere in the solicitation. The Government may reject any or all bids and/or waive informalities or minor irregularities in bids received.

The Government will evaluate offers for award purposes by adding the total price for the basic requirement.

The Government may –

(1) Reject any or all bids;

(2) Accept other than the lowest bid; and

(3) Waive informalities or minor irregularities in bids received.

5. AWARD TO RESPONSIBLE OFFEROR:

The apparent low bidder will be required to submit project information to establish that it meets the following Definitive Responsibility Criteria (DRC) within 24 hours of bid opening. Failure to provide the DRC information may result in a negative responsibility determination that will render the bidder ineligible for award. The DRC are specific and objective standards established by an agency as a precondition to award which are designed to measure a prospective contractor’s ability to perform the contract. In order to be found responsible, the apparent low bidder must demonstrate their past experience with defined work criteria. The criteria are listed below.

Definitive Responsibility Criteria (DRC) are specific and objective standards established to inform the Contracting Officer’s responsibility in accordance with FAR 9.104-2. These criteria are in addition to the criteria in FAR 9.104-1 and allow the Contracting Officer to assess whether the apparent low bidder can demonstrate the expertise and specialized capabilities needed for adequate contract performance. The inability of a contractor otherwise eligible for award to demonstrate minimally acceptable experience as measured by the DRC may result in the Contracting Officer determining the contractor is not responsible.

The submission responding to the DRC must be provided in the form of a written detailed narrative, with a page limitation that shall not exceed three (3) pages for each listed DRC. A submission will only be required from the apparent low bidder and must be submitted within three business days of the bid opening.

The written narrative for each DRC listed below must demonstrate a bidder’s successful completion of the specified project experience within the past five (5) years of the date of issuance of this solicitation. The same project may be used in response to multiple criteria if it meets each DRC’s experience requirements.

The Definitive Responsibility Criteria (DRC) is provided as follows:

DRC’s are due at bid submission

1) Construction and Earthwork: The Craney Island worksite contains undrained cohesive soil conditions as described in the drawings and specification sections contained in Division 31 EARTHWORK, which is included with the Solicitation.

1A) Earthwork: The Contractor shall demonstrate at least one project completed by the prime contractor, or their submitted earthwork subcontractor, in the past 5 years which involved excavation in cohesive soils with an undrained sheer strength of 300 psf or less to a depth of at least eight feet. If subcontractor’s experience is used, a fully executed letter of commitment must be submitted.

1B) Geotechnical Engineer: The specifications require the contractor to retain an experienced independent licensed professional engineer, with expertise in Geotechnical Engineering. The contractor shall demonstrate experience for a geotechnical engineer meeting the contract requirement by submitting at least one project completed in the past five years in the inspection and assessment of excavation work in cohesive soils with an undrained shear strength of 300 psf or less to a depth of at least eight feet. If a subcontractor experience is used, a fully executed letter of commitment must be submitted.

2) Large steel framework detailing, fabrication, painting, and erection experience comparable and consistent with the scope of work described in the drawings and specification sections contained in Division 05 METALS, which is included with the Solicitation. The Contractor shall demonstrate at least one year of project experience in the past 5 years in the fabrication and erection of steel framework that meets the requirements detailed in Section 05 12 00 paragraph AISC QUALITY CERTIFICATION, and shall submit letters of commitment from the fabrication and erection subcontractors in order to satisfy this responsibility criterion.

3) The delivery, fusion-welded joining, and installation of HDPE pipelines in excess of 200 feet in length and minimum 24 inches in diameter consistent with the scope of work described in the drawings and specifications sections contained in Division 33 UTILITIES, which is included with the Solicitation. Contractor shall demonstrate experience of at least one completed project in the past five years that meets this criterion. If a subcontractor experience is used to meet this criterion, a fully executed letter of commitment shall be submitted.

4) The design and installation of excavation support systems, such as cofferdams and shoring, consistent with the scope of work described in the drawings and specifications sections contained in Division 31 EARTHWORK, which is included with the Solicitation.

4A. Contractor shall demonstrate that the independent geotechnical engineer employed by the prime contractor, or committed subcontractor, to design the excavation support systems has designed a successful excavation support system for construction in cohesive soils with an undrained shear strength of 300 psf or less. The designer shall demonstrate experience of at least one completed project in the past five years that meets this criterion. If a subcontractor experience is used to meet this criterion, a fully executed letter of commitment shall be submitted.

4B. Contractor or his submitted subcontractor shall demonstrate experience of at least one completed project in the past 5 years in the installation and maintenance of excavation support systems in undrained cohesive soils. If a subcontractor experience is used to meet this criterion, a fully executed letter of commitment shall be submitted.

The bidder shall provide the following:

▪ Project number and name of agency or owner for each project provided as experience;

▪ Period of performance of the project;

▪ Brief description of the work completed and of the work completed by the bidder for each criteria;

▪ Bidders may use one or more projects to demonstrate past experience in each criteria. The same project may be used in response to multiple criteria if it meets each DRC’s experience requirements.

If a subcontractor will be used to complete a work component of a bidder’s project experience, the bidder shall provide the following:

▪ Name of the subcontractor

▪ Project number and name of agency or owner for each project provided as experience;

▪ Period of performance of the project;

▪ Brief description of the work completed;

▪ Subcontractor experience will show successful completion for the time specified in each criteria.

▪ A fully executed irrevocable letter of commitment signed by the prime and the subcontractor.

Should the apparent low bidder fail to submit sufficient documentation in accordance with the pertinent responsibility criteria, in particular the Definitive Responsibility Criteria to allow the Contracting Officer to make an affirmative responsibility determination, the bidder may be ineligible for award.

To be determined responsible, a bidder must also –

a. Have adequate financial resources to perform the contract, or the ability to obtain them;

b. Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;

c. Have a satisfactory performance record. A prospective contractor shall not be determined responsible or non-responsible solely on the basis of a lack of relevant performance history;

d. Have a satisfactory record of integrity and business ethics;

e. Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors);

f. Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and

g. Be otherwise qualified and eligible to receive an award under applicable laws and regulations

In accordance with FAR Part 9.1, responsibility will be determined, prior to award, by the Contracting Officer through the performance of a pre-award survey or utilizing information from a previous pre-award survey and/or any performance data available. The apparent low bidder may be required to show that he has the necessary capital, experience, and owns or can procure the necessary plant or other resources to commence the work at the time prescribed in the specifications and thereafter to prosecute and complete the work safely and satisfactorily within the time specified. The below information will be requested of the apparent low offeror. This information is not required to be responsive to the invitation for bid.

a) Banking Information to include Branch/Location, Point of Contact and Telephone Number. Please insure the Bank is prepared to provide necessary information regarding average balances in your operating accounts, lines of credit and credit history.

b) Current commitments and expected dates of completion

c) One (1) signed bank reference demonstrating adequate financial resources. If bidder’s firm has a line of credit – provide information on how many figures bidder can borrow against the line of credit (i.e.)

medium 6 figures – exact line of credit is not required).

d) The bidder shall provide the latest three complete fiscal year financial statements for the prime contractor, certified by an independent accounting firm, if practicable, or signed by an authorized officer of the organization. Submit evidence of availability of working/operating capital, which will be used for the performance of the resultant contract. For Joint Venture arrangements, submit the latest three complete fiscal year financial statements for each company in the Joint Venture and discuss the financial responsibilities among the companies. The Government may also utilize Dun & Bradstreet reports to evaluate the financial capacity of the bidder.

6. CONSTRUCTION TIME:

For the base contract bid items, begin performance within 20 calendar days and complete all work within 310 calendar days of receipt of Notice to Proceed (NTP).

7. EVIDENCE OF AUTHORITY TO SIGN OFFERS:

Evidence of the authority of individuals signing offers to submit firm offers on behalf of the offeror is required except where the offer is signed, and shows that it is so signed, by: the President, Vice-President, or Secretary of an incorporated offeror; a partner in the case of a partnership; or the owner in the case of a sole proprietorship. Failure to submit with the offer satisfactory evidence of the authority of all other persons may be cause for rejection of the offer as invalid or nonresponsive.

8. PREAWARD SAFETY CONFERENCE:

a. Where an apparent low bidder, in performance of contracts during the previous three-year period, incurred one or more accidents, or where, in the opinion of the Contracting Officer, there is any question regarding this compliance with any safety or accident prevention requirement, such bidder, on request of the Contracting Officer prior to any award under this solicitation, shall attend a conference with representatives of the

Contracting Officer to discuss any such accidents or non-compliance, the reason for their occurrence, and measures which will be taken to preclude any recurrence thereof.

b. Information elicited at this conference will be used by the Contracting Officer, in conjunction with other information obtained in a pre-award survey, in determining the bidder's responsibility.

c. The items discussed, the preventive measures considered, and any conclusions reached in this conference shall be recorded in minutes of the meeting, which shall be authenticated by the signatures of representatives of the bidder and the Contracting Officer, and any procedures noted therein as agreed upon shall become an obligation of the bidder, along with all other safety and accident prevention requirements of the contract, if award is made to him.

9. INCURRING COSTS:

The Government is not liable for any costs incurred by the offeror submitting an offer in response to this solicitation.

10. AGENTS:

Offers signed by an Agent must be made in the name of the Principal and must be accompanied by evidence of said Agent’s authority to act on behalf of its Principal.

11. UNBALANCED BIDS:

Any offer which is materially unbalanced as to prices for the Base Items and the Optional Items may be rejected as non-responsive or otherwise not considered for award. An unbalanced offer is one which is based on prices significantly less than cost for some work and prices which are significantly overstated for other work.

12. UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT OR OTHER PERSONNEL:

The contractor shall not accept instructions issued by any person, employed by the U.S. Government or otherwise, other than the Contracting Officer or the Authorized Representative of the Contracting Officer acting within the limits of his/her authority as defined in the Designation of Authority letter. A copy of the Designation of Authority

13. DEPARTMENT OF LABOR WAGE DECISION (CONSTRUCTION)

Any contract awarded as a result of this solicitation will be subject to the U.S. Department of Labor Wage Decision(s) Number VA20210055 dated 01/01/2021.

14. REQUIRED INSURANCE:

The contractor shall procure and maintain during the entire period of performance under this contract, the following minimum insurance:

TYPE AMOUNT

Workers Compensation As required by State law

Employer's Liability $100,000 per person

General Liability $500,000 per occurrence Motor Vehicle Liability

(For each motor vehicle): $200,000 per person

Bodily injury or death $500,000 per occurrence

Property damage $20,000 per occurrence

Prior to commencement of work hereunder, the contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by the laws of the State in which this contract is to be performed and in no event less than 30 days after written notice thereof to the Contracting Officer.

15. BASIS OF AWARD

All blanks must be filled in by the bidder. (In order for the bidder to be considered responsive all CLINS must provide pricing in order to be considered. A single award will be made to the lowest responsible, responsive bidder on the basis of the total price bid. The Government will evaluate bids 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). Prior to making an award, a pre-award survey will be made and the low bidder will be required to show that he has the necessary capital, experience, and owns or can procure the necessary plant to commence the work at the time prescribed in the specifications and thereafter to prosecute and complete the work safely and satisfactorily within the time specified.

16. PERFORMANCE EVALUATION OF CONTRACTOR:

As a minimum, the Contractor's performance will be evaluated upon final acceptance of the work. However, interim evaluations may be prepared at any time during contract performance when determined to be in the best interest of the Government. In compliance with DOD FAR Supplement 236.201, Performance Evaluation Reports will be available to all DOD Contracting Offices for their future use in determining contractor responsibility.

Agencies shall monitor their compliance with the past performance evaluation requirements (see 42.1502), and use the Contractor Performance Assessment Reporting System (CPARS) and Past Performance Information Retrieval System (PPIRS) metric tools to measure the quality and timely reporting of past performance information.

Past performance information shall be entered into CPARS, the Government wide evaluation reporting tool for all past performance reports on contracts and orders. Instructions for submitting evaluations into CPARS are available at http://www.cpars.gov/. Contractors are required to register with the system to respond and view their reports.

Contractors POC:

Name:

Phone Number:

Email:

17. ACCIDENT PREVENTION PLAN:

In accordance with the clause entitled "Accident Prevention," the contractor will not be allowed to commence work on the job site until an acceptable accident prevention plan has been submitted. The contractor will receive official notification of the acceptance of his accident prevention plan.

18. IDENTIFICATION OF CORRESPONDENCE:

All correspondence and data submitted by the contractor under this contract shall reference the contract number.

19. INVOICING:

INVOICES SHALL BE SENT TO THE FOLLOWING

CONTRACTING OFFICER REPRESENTATIVE:

U.S. Army Corps of Engineers ATTN: Phillip Abbot 803 Front Street Norfolk, VA 23510 Phillip.D.Abbot@usace.army.mil and

U.S. Army Engineer District, Norfolk CENAO-WR-OpsInvoicing@usace.army.mil

SECTION 00 21 13 - INSTRUCTIONS TO BIDDERS

The following have been added by reference:

52.204-22 Alternative Line Item Proposal JAN 2017 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.232-14 Notice Of Availability Of Progress Payments Exclusively For

Small Business Concerns

APR 1984

The following have been added by full text:

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

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

(b) The use in this solicitation of any FAR and DFARS (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

The following were previously included by reference and are now included by full text:

52.214-18 PREPARATION OF BIDS--CONSTRUCTION (APR 1984)

(a) Bids must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a bid must initial each erasure or change appearing on any bid form.

(b) The bid form may require bidders to submit bid prices for one or more items on various bases, including--

(1) Lump sum bidding;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of subparagraphs (1) through (3) above.

(c) If the solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding on all items is not required, bidders should insert the words "no bid" in the space provided for any item on which no price is submitted.

(d) Alternate bids will not be considered unless this solicitation authorizes their submission.

SECTION 00 45 00 - REPRESENTATIONS AND CERTIFICATIONS

52.219-1 Alt I Small Business Program Representations (MAR 2020)

Alternate I

SEP 2015

52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.225-20 Prohibition on Conducting Restricted Business Operations in

Sudan--Certification

AUG 2009

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

52.209-12 CERTIFICATION REGARDING TAX MATTERS (OCT 2020)

(a) This provision implements section 523 of Division B of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts.

(b) If the Offeror is proposing a total contract price that will exceed $5.5 million (including options), the Offeror shall certify that, to the best of its knowledge and belief, it--

(1) Has [ ] filed all Federal tax returns required during the three years preceding the certification;

(2) Has not [ ] been convicted of a criminal offense under the Internal Revenue Code of 1986; and

(3) Has not [ ], more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

The following have been deleted:

52.203-2 Certificate Of Independent Price Determination APR 1985 52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

SECTION 00 72 00 - GENERAL CONDITIONS

52.203-13 Contractor Code of Business Ethics and Conduct JUN 2020 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.222-32 Construction Wage Rate Requirements--Price Adjustment (Actual Method)

AUG 2018

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-11 Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons.

JUN 2016

52.236-13 Accident Prevention NOV 1991 52.249-10 Default (Fixed-Price Construction) APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-

Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7004 Display of Hotline Posters AUG 2019 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.225-7048 Export-Controlled Items JUN 2013 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.244-7000 Subcontracts for Commercial Items OCT 2020

52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by . . . . . . . . . NA

(b) Weather conditions . . . . . . . . . See Specifications

(c) Transportation facilities . . . . . . . . . See Specifications

(End of clause)

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

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

(b) An organized site visit has been scheduled for-- 15 January 2021 @ 1:30 PM ET

(c) Participants will meet at-- USACE Craney Island Office, 4599 River Shore Road, Portsmouth, VA not later than 1:15 pm ET

(d) Visitors are limited to two representatives per company.

Visitors are required to bring valid ID and facemask.

Visitors are required to use their own vehicles (recommend SUV's) to move around the site.

Visitors are required to bring their own PPE including hard hats, eye protective wear and masks.

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:

Title File Drawing No.

FINAL Plans Craney Island Spillway No. 1 Replacement FINAL Specifications Craney Island Spillway No. 1 Replacement

52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.226-6 Promoting Excess Food Donation to Nonprofit Organizations JUN 2020 52.236-13 Alt I Accident Prevention (Nov 1991) - Alternate I NOV 1991

The following were previously included by reference and are now included by full text:

52.211-13 TIME EXTENSIONS (SEP 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

If the Contracting Officer decides to conduct a preconstruction conference, the successful offeror will be notified and will be required to attend. The Contracting Officer's notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

SECTION 00 73 00 - SUPPLEMENTARY CONDITIONS

WAGE DETERMINATION

"General Decision Number: VA20210055 01/01/2021 Superseded General Decision Number: VA20200055 State: Virginia

Construction Types: Heavy (Heavy and Sewer and Water Line) County: Portsmouth* County in Virginia.

*INDEPENDENT CITY

HEAVY CONSTRUCTION PROJECTS (Including Sewer and Water Lines) 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

ELEC0080-006 06/01/2019

Rates Fringes ELECTRICIAN..............................................$ 28.35 3%+19.95+a

a. Workmen shall take off 1 hour with pay, at the discretion of the employer, on State and National Election days;

Tuesday following the first Monday in November, provided they are qualified and vote.

* IRON0079-007 05/01/2020

Rates Fringes

IRONWORKER, STRUCTURAL..................$ 26.18 16.37

PLUM0110-002 11/01/2019

Rates Fringes

PLUMBER/PIPEFITTER................................$ 29.22 16.98

SUVA2010-056 09/03/2010

Rates Fringes

CARPENTER.....................................................$ 21.57 3.74

CEMENT MASON/CONCRETE FINISHER...$ 19.00 3.83

FORM WORKER...............................................$ 17.00

IRONWORKER, REINFORCING.....................$ 22.45 11.85

LABORERS

Common or General............................................$ 15.00 0.69 Flagger.................................................................$ 7.39 0.20 Landscape............................................................$ 10.00 Pipelayer..............................................................$ 13.88 1.32

POWER EQUIPMENT OPERATOR:

Backhoe...............................................................$ 17.61 2.57 Bobcat/Skid Loader.............................................$ 11.40 Bulldozer.............................................................$ 42.50 1.47 Crane, All Types.................................................$ 23.38 Excavator............................................................$ 19.27 7.28 Loader.................................................................$ 15.00 1.75 Mechanic.............................................................$ 26.78 6.32

Trackhoe..............................................................$ 12.75 1.24 Tugboat...............................................................$ 19.00 TRUCK DRIVER, Includes All Dump Trucks......................................................$ 14.33 3.58 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.