B3_Solicitation_Amd1.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

This amendment revises clause 52.228.1 and adds fill-ins; revises Section 007300 GFM Table to add Bollard Caps; revises section 015723 to replace references to New Mexico to Arizona; adds Exhibit 1, Topo Exhibit.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 13

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

16C. DATE SIGNED

BY 27-Aug-2015

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 W9126G-15-B-0027

X 9B. DATED (SEE ITEM 11)

12-Aug-2015

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

27-Aug-2015

CODE

US ARMY CORPS OF ENGINEERS FORT WORTH

819 TAYLOR ST, RM 2A17

FORT WORTH TX 76102-0300

W9126G 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9126G-15-B-0027

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 72 00 - CONTRACT CLAUSES

The following have been modified:

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20% of the bid price or $3M, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of provision)

SECTION 00 73 00 - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

SPECIAL INSTRUCTIONS

SECTION 007300 - SPECIAL CONTRACT REQUIREMENTS

1. CONTRACT ADMINISTRATION

a. The Contracting Officer who signs the award document will be the principal Contracting Officer for this contract. However, any Contracting Officer assigned to the Fort Worth District, or assigned in writing as an Administering Contracting Officer for this project, acting within his authority, may take formal action on this contract. Only a Contracting Officer can authorize changes to the requirement.

b. Upon award, an Administering Contracting Officer (ACO) will be assigned to administer the contract. The contractor will receive a copy of the assigning letter.

c. A Contracting Officer’s Representative (COR) will be assigned. A list of the responsibilities of the COR will be included in the COR assignment letter. The contractor will receive a copy of the assigning letter.

2. INVOICING INSTRUCTIONS

Submit invoices in the following format:

Construction Progress Payments: ENG93 form

For the final payment ensure the invoice is marked “Final” and send a release of claims.

Email invoices to the COR and:

m2swfaerc@usace.army.mil USACE, ECSO Invoices

3. WORK DAYS AND HOURS

The normal workdays and hours for this project will be Monday through Saturday, excluding federal holidays, from 6am – 6pm. Access to the work site may be restricted to these hours and days. Work during other than normal hours and days must be coordinated in advance with the Administrative Contracting Officer.

4. INSURANCE

The contract clause, FAR 52.228-5, applies to this contract even if the work or any portion of the work is not performed on a Government installation.

Prior to commencement of work, the Contractor shall furnish the original of his Insurance Certificate directly to the Contracting Officer, Fort Worth District, Corps of Engineers, ATTN:

CESWF-CT-S, P.O. Box 17300, Fort Worth, Texas 76102-0300 and one copy directly to the Area or Project Office. The Contractor shall maintain, during the entire period of his performance under this contract, the following minimum insurance requirements:

(a) Comprehensive general liability insurance for bodily injury in the minimum limits of $500,000 per occurrence. No property damage liability is required.

(b) Comprehensive automobile liability insurance covering the operation of all automobiles used in connection with the performance of the contract in the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

(c) Workmen's Compensation and Employer's Liability Insurance in the minimum amount of $100,000.00, or in compliance with applicable State statutes.

(d) An endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer.

NOTE: It is recommended that the contractor furnish a copy of the foregoing requirements to his insurance company in order to assure that an Insurance Certificate is issued meeting the minimum requirements shown. The Insurance Certificate shall also show the contract number to which it applies as well as a brief description and location of the work.

5. TIME EXTENSION FOR UNUSUALLY SEVERE WEATHER

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

The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe that the adverse weather anticipated for the project location during any given month.

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

a. The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time extensions. The contractor’s progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities.

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

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

5 3 3 1 1 0 1 2 1 1 2 5

b. Upon acknowledgement of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor will record o the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the Contractor’s scheduled work day.

c. The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in paragraph (b), above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the contract clause entitled “Default (Fixed Price Construction)”.

6. UAI 31.105-101 Equipment Ownership and Operating Expense Schedule (MAR 1995)

a. This special contract requirement does not apply to terminations. See 52.249-5000, Basis for Settlement of Proposals, and FAR Part 49.

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

c. Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36, Rental Costs. Rates for equipment rented from an organization under common control, lease-purchase arrangements, and sale-leaseback arrangements, will be determined using the schedule, except that actual rates will be used for equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees.

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

(End of UAI 31.105-101)

7. Veterans Employment Emphasis for U.S. Army Corps of Engineers Contracts

a. In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S.

veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

b. Federal Veteran employment information at http://www.fedshirevets.gov/index.aspx Department of Labor Veterans Employment Assistance http://www.dol.gov/vets/ Department of Veterans Affairs-VOW to Hire Heros Act http://benefits.va.gov/vow/ Army Wounded Warrior Program- http://wtc.army.mil/modules/employers/index.html

c. U.S. Chamber of Commerce Foundation-Hiring Our Heros http://www.hiringourheroes.org/ Guide to Hiring Veterans - Reference Material http://www.whitehouse.gov/sites/default/files/docs/white house business council - guide to hiring veterans.pdf

8. SECURITY REQUIREMENTS:

It shall be the contractor's responsibility to furnish their own security for personnel and to safeguard their equipment during the entire project lifecycle. This will include but not limited to actual project sites, and/or staging areas and storage facilities. The Customs and Border Patrol will not provide security for the contractor. The Border Patrol agents shall respond to routine security matters/threats if and when they occur. A call in number shall be provided for the USBP to be used in emergency situations. As part of the security requirement, the contractor shall be responsible for the development of a Security Plan in conjunction with the Health and Safety Plan. The detailed Security Plan shall include details such as, but not limited to; "fall back positions", evacuation routines and methods, muster area, medical staff members/availability, number of security personnel, qualifications, years of experience, etc in the event of a hostile attack. This plan shall be reviewed by USACE Safety and Security Officers for inspection and final acceptance prior to activities. The Contractor shall bring three (3) copies of the security plan to the pre-construction conference.

The Contractor shall also be responsible for ensure that all employees assigned to the job site(s) shall have a criminal background check performed and properly vetted. These individuals shall be display a company picture ID badges complete with ID numbers and company logos for easy identification by agents from CBP. Furthermore, the contractor shall be responsible for submitting a list of all personnel required at the jobsites for verification by CBP prior to conducting activities. Activities include, but are not limited to; site investigations, surveys, and construction. Any personnel having questionable history/backgrounds shall be rejected and not authorized to enter the jobsite. This list marked “CONFIDENTIAL” shall be submitted to the Contracting Officer for validation purposes.

No employee shall be allowed on site until screened and checked for criminal history and proper immigration status. To facilitate the screening and checking of each employee entering in or working on Federal property, the General Contractor shall submit:

The individual’s full name Company Name Date of Birth (DOB) Social Security Number Driver’s Licenses and/or State Identification Number Place of Birth (POB)

After submission of requirements stated above, the Contractor shall proceed with all work unless further notified by the Government.

Employee Identification Badges: Contractor personnel shall wear visible Contractor-furnished employee identification badges while physically on the construction site. Each badge shall include, as a minimum, the company name, employee name, photograph, Contract Title, Contract Number, and the expiration date of the badge. See Section 01 50 02 TEMPORARY CONSTRUCTION FACILITIES for additional requirements.

9. GOVERNMENT FURNISHED MATERIAL PROCEDURES

a. The Contractor shall use Government Furnished Material (GFM) for authorized purposes only. All references to dates herein pertain to days of the calendar, rather than days of business operations.

b. This project consists of approximately 1.81 miles of bollard primary pedestrian fence. Steel specification and finish requirements are identified herein. GFM steel will be raw, mill-scale steel. The steel components that are to be GFM for this project, and the estimated quantity of material required are presented in the table below. Please note that all quantities, as well as the estimate of the total material required, refer to individual pieces. To the maximum extent possible, materials will be provided and available for loading in whole bundles. Small quantity, specialty, and fractional bundle amounts will be loose pieces.

GFM Description Length (ft) Quantity Provided (Pieces)

Estimated Quantity Required (Pieces)

Total Bundles

Pieces per Bundle

Base (1.33 miles)

HSS 6x6x3/16, ASTM A500, Grade B

18.0 704 704 44 16

HSS 6x6x3/16, ASTM A500, Grade B

20.0 4912 4912 307 16

HSS 6x6x3/16, ASTM A500, Grade B

20.5 1305 1305 81.5 16

HSS 6x6x3/16, ASTM A500, Grade B

21.0 58 58 3.6 16

Bollard Caps 6979 6979

Option One (0.48 miles)

HSS 6x6x3/16, ASTM A500, Grade B

21.0 2542 2542 158.9 16

Bollard Caps 2542 2542

Notes:

1) In addition to all other fence steel requirements, any shortfalls of above listed bollard materials required is responsibility of Contractor to provide.

Note: “Estimated Quantity Required” is intended to capture quantity of GFM estimated for fence bollards based on the spacing requirements shown in the construction plans. The Contractor shall be responsible for utilizing the GFM provided to best fit the fence construction needs. See Section 01 00 50 Task Order Requirements for submittal requirements.

The Contractor shall be responsible for all other materials not listed above.

c. GFM Pickup Requirements

The total gross weight of the truck shall be below 80,000. It is still incumbent upon the carrier to review their load to comply with all legal requirements. If the load will put the carrier in an overweight situation, it is the carrier’s responsibility to reduce the load by one bundle. For payload planning purposes, no payload exceeds 46,700 lbs.

The types of trucks that Contractor’s can use when picking up government-furnished materials at the distribution centers are: Flatbed, high-sided curtain-top vans, curtain vans, and conestoga trucks are permitted for picking up steel. Stepdeck trailers are not permitted in for steel pickups. Stepdeck/dropdeck trailers include extendible stepdecks, double extendible dropdecks, double dropdecks, and lowboys.

The Contractor is responsible for all labor, material, and equipment needed to load and unload the material.

R/T or A/T lift with extendable boom is recommended.

Motor carriers are expected to provide sufficient dunnage (4" x 6") for steel loads.

Dunnage may be reused.

DD-1149s for custody transfer are required to be provided to the government.

All fencing material is located at Fabens Storage Yard.

d. GFM Distribution Site

The GFM distribution site is located at:

2121 North Fabens-Carlsbad Road FM 793, Fabens, Texas 79838

Operating hours are 0730-1630 Monday-Friday except for Memorial Day, July 4th, Labor Day, Thanksgiving and Christmas. Exact pickup dates shall be coordinated at least 14 calendar days in advance with the Government POC. Government POC for Fabens Distribution site and pickup coordination will be provided to Contractor after Contract Award.

e. Contractor Taking Possession of GFM

Prior to loading, the Contractor shall inventory the GFM and ensure material is located and ready for loading. Once inventoried, and upon loading, the Government shall transfer custody to the Contractor via a DD-1149. The Contractor shall sign the DD-11499(s) and be responsible for all the GFM in its custody. The Contractor shall retain custody of the GFM until one or more of the following occurs:

USACE accepts the completed project Excess GFM is properly returned to Government custody Scrap GFM is disposed of properly

f. Contractor’s GFM Control System

The Contractor shall have in place a system of controls that provide for the care of GFM.

Minimum standards for the care of GFM and contractor and subcontractor responsibilities are as follows:

GFM shall be properly identified and marked as GFM by the Contractor Movement of GFM shall be coordinated via a system that allows for the chain of custody and location of GFM to be known at all times Subcontractors shall also be accountable for the location and disposition of GFM that has been transferred to their control Commingling of GFM and contractor property will be allowed when necessary for the performance of work associated with this solicitation The contractor shall be able to trace and identify all GFM back to its originating bundle

g. Inventory and Reporting The Contractor will be required to conduct an inventory of the GFM in its possession at the following times:

September 30th of each year At the completion of work After the loss, damage, or destruction of GFM

Form DD1662, provided in Appendices, shall be used to submit an inventory to the Contracting Officer within seven (7) days following September 30th of each year, and also at the completion of work. The filing of Form DD1662 following the loss, damage, or destruction of GFM shall be at the discretion of the Contracting Officer.

h. Liability of GFM The Contractor shall be responsible for any additional material costs if willful misconduct or a lack of good faith on the part of the Contractor’s managerial personnel caused the need for additional materials, in accordance with FAR Clause 52.245-1. In this case, the Contractor shall still be responsible for constructing the fence to the originally identified point of termination, and for executing all tasks according to the established project schedule and at the previously determined contract price.

i. Unreasonable Consumption of GFM “Consumption” is the process of incorporating material into an end product or otherwise consuming the material in performance of the contract. Unreasonable consumption of GFM is not considered “loss, damage, or destruction” under FAR 45.104. Material consumption will be determined to be unreasonable when it exceeds the amounts supported by Material Request forms and planning documents. In the event of unreasonable consumption, a liability determination will be made by the Contracting Officer.

j. Excess Material

Excess Definition:

Structural steel: any virgin material, in whole lengths, remaining at end of a construction process that exceeds 5,000 lbs (total)

Material will be defined as scrap if less than the above amounts

k. Excess Material Transfer

The Contractor shall complete Form DD1149– Requisition and Invoice/Shipping Document, found in Appendices, to identify the excess GFM (if any) that will be delivered to the Government storage site and must submit the form to the Contracting Officer not less than seven

(7) days prior to the desired GFM delivery date. The contractor shall also identify the desired delivery date and time. The Government will identify an approved delivery date and time within three (3) days of receipt of the Form DD1149 request. The approved delivery time will be within two (2) days of the Contractor’s desired delivery date and time. The excess material list shall identify the number, type, and size of units being delivered to the storage site. The Contractor shall be responsible for unloading the GFM and arranging it in an orderly fashion at the storage site.

l. Excess Storage Location

Excess GFM will be returned to the Government. Delivery point for return of any GFM will be coordinated with the USACE COR. Location will be directed by COR but will be within 20 miles of the project site.

Custody of the excess GFM will be transferred to the Government only after the GFM is unloaded, arranged, and inventoried by the contractor. It is the Contractor’s responsibility to receive a signed receipt for the transfer of custody of excess GFM, on the DD1149, prior to leaving the storage site.

m. Scrap

Scrap definition: any waste from production or fabrication and any processed material remaining at end of the construction phase that is smaller than the thresholds for Excess GFM.

All scrap material shall be removed from the project site and disposed of properly by the Contractor, at the Contractor’s expense, in accordance with the Scrap Disposal Plan.

Scrap Disposal Plan

The Contractor shall submit a GFM Scrap Disposal Plan to the Contracting Officer within twenty

(20) days after Task Order award. The Contractor shall weigh all disposed scrap and provide weight tickets to the Government within 24 hours of disposal. The Scrap Disposal Plan shall describe in detail the following:

Identification of scrap material Proposed location(s) for scrap storage Procedures for scrap disposal handling Proposed site for scrap disposition, including name, location, and ownership Submission plan for weight tickets Method of disposal and weighing of scrap material Certificate(s) of scale calibration Frequency and transmittal of weight tickets

The Government will be allowed seven (7) days to review and comment on the Scrap Disposal Plan’s conformance to the technical requirements of the solicitation and to the Contractor’s proposal. The COR will furnish a consolidated listing of comments to the contractor. The contractor shall then make the appropriate changes to the Scrap Disposal Plan. Conflicting comments shall be resolved by the contractor and the COR. The Government reserves the right to reject the Scrap Disposal Plan if resolution is not possible. The Contractor shall not dispose of any scrap until after the Scrap Disposal Plan is approved.

Sales of Scrap Material The Contractor may sell any scrap resulting from production under this contract, provided that it is identified in the Contractor’s approved Scrap Disposal Plan.

Custody of Scrap The Contractor shall obtain a signed receipt for the disposal of all scrap. Final signature shall transfer ownership of the GFM from the Government to the company being represented by the final signature.

n. Contractor Liability.

Carrier Insurance.

Public Liability and Cargo Liability Insurance. The Contractor shall ensure interstate transportation providers maintain the acceptable level of public liability and cargo liability insurance, as required by Title 49 of the Code of Federal Regulations (CFR).

State Requirements. Public liability and cargo insurance shall be maintained at the level required by the state for transportation providers that operate solely as intrastate carriers.

However, in deregulated states, public and cargo liability insurance requirements for intrastate carriers shall be the same as those for interstate carriers.

In Force. The Contractor shall ensure that the insurance carried will be in force at all times during this contract or until such time as the transportation provider ceases providing service(s) under the contract. Insurance policy(ies) shall cover all equipment used to transport GFM provided.

Seizure of GFM. Neither the contractor nor any of its subcontractors involved in moving/transporting GFM shall assert any type of lien on property shipped under this Task Order. The contractor shall not take any action to seize, arrest, hold, or otherwise detain a shipment through any process. Additionally, the Government reserves the right to retrieve/seize GFM from the contractor and its subcontractors’ facilities and conveyances when access to GFM has been frustrated, impeded or otherwise delayed due to labor unrest, work stoppages, bankruptcy, disasters, and other abnormal events beyond the contractor’s operational control.

Loss and Damage Claims Management. The contractor shall facilitate the resolution of Government claims for loss or damage to GFM with transportation providers.

Liability Standard. The transportation provider, whether the contractor itself, or another entity under contract or other arrangement with the contractor, shall be liable to the Government for not less than the actual loss or injury to the property transported under a Task Order while the GFM is in its possession. The transportation provider shall not be liable to the extent that such loss or damage is caused by an act of God, public enemy, public authority, or shipper, or arises from the inherent nature or characteristics of the goods.

Terms of Contractor Arrangement with Transportation Providers. The contractor shall enter into a written contract or other enforceable arrangement with any transportation provider (including affiliates, team members, etc.) under this Task Order that will hold the transportation provider liable to the Government. This contract or enforceable arrangement shall expressly name the Government as a third party beneficiary of the contract or arrangement, thereby authorizing the Government to enforce GFM liability terms of that contract or arrangement. In addition, this contract or arrangement shall include the following terms and conditions:

The transportation provider acknowledges that the Contractor will seek to resolve Government claims as an independent contractor, not as an agent of the Government.

The transportation provider agrees with and accepts the terms outlined in Seizure of GFM above and pledges that it will not assert any lien on GFM or seek to detain any shipment of GFM and that it will relinquish GFM to the Government upon request.

The transportation provider shall notify the Contracting Officer and the Contractor within 24 hours of initial identification of loss or damage.

Unless the Government claim has been paid, the transportation provider shall notify the Contracting Officer and the Contractor within 30 days of the receipt of a Government claim, acknowledging receipt and identifying documentation or other information relating to the claim that is required for resolution.

Within 120 days of receipt of a Government claim, the transportation provider shall pay the claim in full to the Government or notify the Contracting Officer and the contractor either that it declines to pay the full claim amount or that it offers a non-negotiable partial payment to settle the claim. The transportation provider shall have no rights to salvage.

The transportation provider shall acknowledge that the Government may respond to unresolved claims through litigation or through any other means. The Government may proceed to resolve the claim as a third party beneficiary of the transportation provider’s contract with the Contractor or through other means, as permitted by law.

Contractor liability to the Government. No provision in this Task Order or in any contract or other arrangement between the Contractor and the transportation provider shall relieve the Contractor from its direct obligation and liability to the Government, as represented by this Task Order.

Claims Procedure. The Contractor shall resolve all claims within 120 days following the Government’s provision of all necessary substantiating documentation. The Contractor shall cooperate with Government efforts to resolve claims for loss or damage to GFM by furnishing documents/correspondence, providing access to personnel with knowledge of the claim, and advising on industry practices.

-- END OF SECTION ---

(End of Summary of Changes)