Amend-0004-W9126B-16-B-0006.pdf

W45VAK52966441 006340

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

Unrestricted Procurement for Galveston Harbor, Texas, Galveston Harbor Channel in Galveston County, Texas, Hopper Dredging in which bid opening is scheduled for 25 February 2016 @ 2:00 PM is hereby amended as follow s:

Continued on Page 2.

1. CONTRACT ID CODE PAGE OF PAGES

J 1

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

16C. DATE SIGNED

BY

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-16-B-0006

X 9B. DATED (SEE ITEM 11)

04-Dec-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 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 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

CODE

US ARMY CORPS OF ENGINEERS FORT WORTH

2000 FORT POINT ROAD

GALVESTON TX 77550-1229

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

M3ODXMAN

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23-FEB-2016

M3ODXMAN

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W9126G-16-B-0006

A0004-2

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

1. The specifications for Solicitation No. W9126G-16-B-0006, Galveston Harbor, Galveston Entrance Channel, Hopper Dredging, are hereby amended as follows:

NOTE: BID OPENING IS HEREBY RESCHEDULED TO WEDNESDAY, 11 MAY 2016, AT 2:00

PM (CDT) IN ROOM 175 OF THE JADWIN BUILDING.

a) Specifications.

(1) SECTION 01 10 00.01 45 NON-REGULATED SPECIAL CONTRACT REQUIREMENTS

– The enclosed SECTION 01 10 00.01 45, entitled NON-REGULATED SPECIAL CONTRACT REQUIREMENTS, supersedes that issued with this Solicitation.

b) Drawings.

2. This amendment shall be attached to and become a part of the solicitation.

1 Encl:

1. SECTION 01 10 00.01 45 NON-REGULATED SPECIAL CONTRACT REQUIREMENTS

SWG FILE NO.:GALV 301-407 SOLICITATION NO.:W916G-16-B-0006

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 10 00.01 45

NON-REGULATED SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (CESWG)

1.2 SIGNAL LIGHTS (CESWG)

1.3 INSPECTION (CESWG)

1.3.1 Equipment

1.3.2 Transportation

1.4 FINAL EXAMINATION AND ACCEPTANCE (CESWG)

1.4.1 Acceptance

1.5 SHOALS(CESWG)

1.6 VARIATIONS IN ESTIMATED QUANTITIES - DREDGING (CESWG)

1.7 QUANTITY SURVEYS (CESWG)

1.7.1 General

1.7.2 Dredging Sections

1.7.3 Submittals

1.8 QUANTITY OVERRUNS (CESWG)

1.8.1 Estimated Quantities

1.8.2 Modification

1.8.3 Notice and Potential Corrective Action

1.9 LAYOUT OF WORK (CESWG)

1.10 DAMAGE TO WORK (CESWG)

1.11 CONTINUITY OF WORK (CESWG)

1.12 CERTIFICATES OF COMPLIANCE (CESWG)

1.13 ENVIRONMENTAL LITIGATION (CESWG)

1.13.1 Definition

1.14 NATIVE AMERICAN GRAVES PROTECTION (CESWG)

1.14.1 Act

1.14.2 Discovery

1.14.3 Notification of Discovery

1.14.4 No Activity After Discovery

1.15 CONTRACTING OFFICER SIGNATURE (CESWG)

1.16 TRADE NAMES AND PROPRIETARY ITEMS (CESWG)

1.17 HARBOR MAINTENANCE FEE (1 SEP 1995)(EAL 88-1)

1.18 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (CESWG)

1.18.1 Allowable Cost

1.18.2 Equipment Rental Costs

1.18.3 Actual Equipment Costs

1.19 COORDINATION MEETINGS (CESWG)

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section Table of Contents --

SECTION 01 10 00.01 45 Page 1

(TO ACCOMPANY AMENDMENT NO. 0004 TO SOLICITATION NO.:W9126G-16-B-0006)

SECTION 01 10 00.01 45 Page 2

(TO ACCOMPANY AMENDMENT NO. 0004 TO SOLICITATION NO.:W9126G-16-B-0006)

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SECTION 01 10 00.01 45

NON-REGULATED SPECIAL CONTRACT REQUIREMENTS

AMENDMENT NO. 0004

PART 1 GENERAL

1.1 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (CESWG)

The Contractor will be required to (a) commence dredging under this Contract within (AM#4)30 15 calendar days after the date of acknowledgment of Notice to Proceed, (b) prosecute the work diligently, and (c) execute the work required under Section Nos. 1 through 3 of Schedule No. 1 at a rate of not less than 700,000 cubic yards per month. The Contract period of performance for Schedule No. 1 will be determined by applying the required monthly production rates above to the estimated quantities under Schedule No. 1. The Government may exercise Option Nos. 1, 2, 3, or 4 singly or in any combination by written notice anytime prior to the completion of the work. The work for Option Nos. 1 and 2 shall be executed at a rate of not less than 700,000 cubic yards per month. The Contract period of performance for Option Nos. 1 and 2 will be determined by applying the required monthly production rates above to the estimated quantities under Option Nos. 1 and 2. If the total quantity of material to be paid for and actually removed and incrementally raised under this Contract exceeds the limit established in the CLAUSE entitled VARIATIONS IN ESTIMATED QUANTITIES - DREDGING, additional time will be allowed at the rate of 1 calendar day for each 23,333 cubic yards in excess of the established limit. The Contractor shall not exceed the estimated quantities in the Contract Line Items without prior authorization and only with a signed modification issued by the Contracting Officer as specified in the Paragraph: QUANTITY OVERRUNS below. The time stated for completion shall include final cleanup of the premises.

1.2 SIGNAL LIGHTS (CESWG)

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

1.3 INSPECTION (CESWG)

The Government will direct the maintenance of the gages, ranges, location marks, and limit marks in proper order and position; but the presence of the inspector shall not relieve the Contractor of responsibility for the proper execution of the work in accordance with the specifications. The

SECTION 01 10 00.01 45 Page 3

Contractor shall be required to furnish the following items.

1.3.1 Equipment

At the request of the Government, the Contractor shall furnish the use of boats, boatmen, laborers, and material forming a part of the ordinary and usual equipment and crew of the dredging plant as may be reasonably necessary in inspecting and supervising the work. However, the Contractor will not be required to furnish facilities for the surveys, specified in the Paragraph: FINAL EXAMINATION AND ACCEPTANCE.

1.3.2 Transportation

At the request of the Government, the Contractor shall furnish suitable transportation from all points on shore designated by the Contracting Officer to and from the various pieces of plant, and to and from the Placement Areas. If the Contractor refuses, neglects, or delays compliance with these requirements, the specific facilities may be furnished and maintained by the Contracting Officer, and the cost thereof will be deducted from the amounts due or to become due the Contractor.

1.4 FINAL EXAMINATION AND ACCEPTANCE (CESWG)

As soon as practicable after the completion of the entire work or any section thereof, if the work is divided into sections and in the opinion of the Contracting Officer will not be subject to damage by further operations under this Contract, this work will be thoroughly examined at the expense of the Government by sounding or by sweeping, or both, as directed. If shoals, lumps, or other lack of Contract depth are disclosed by this examination, the Contractor will be required to remove same by dragging the bottom or by dredging at the Contract rate for dredging but, if the bottom is soft and the shoal areas are small and form no material obstruction to navigation, the removal of the shoal may be waived at the discretion of the Contracting Officer. The Contractor or its authorized representative will be notified when soundings or sweepings are to be made and will be permitted to accompany the survey party. When the area is found to be in a satisfactory condition it will be accepted finally. If more than two sounding or sweeping operations by the Government over an area are necessary, by reason of work for the removal of shoals disclosed at a prior sounding or sweeping, the cost of the third and any subsequent sounding or sweeping operations will be charged against the Contractor at the rate of $6,969.00 per day for each day in which the Government plant is engaged in sounding or sweeping or is enroute to or from the site or held at or near the site for these operations.

1.4.1 Acceptance

Final acceptance of the whole or a part of the work and the deductions or corrections of deductions made thereon will not be reopened after having once been made, except on evidence of collusion, fraud, or obvious error, and the acceptance of a completed section shall not change the time of payment of the retained percentages of the whole or any part of the work.

1.5 SHOALS(CESWG)

If, before this Contract is completed, shoals occur in a section previously accepted, redredging at the Contract price, within the limit of available funds, may be done if agreeable to both the Contractor and the Contracting Officer.

SECTION 01 10 00.01 45 Page 4

1.6 VARIATIONS IN ESTIMATED QUANTITIES - DREDGING (CESWG)

Where the quantity of a pay item in this Contract is an estimated quantity and where the actual quantity of material within the required dredging prism varies more than 15 percent above or below the stated estimated quantity in the required dredging prism, an equitable adjustment in the Contract unit price will be made upon demand of either party. The equitable adjustment will be based upon an increase or decrease in costs due solely to the variations above 115 percent or below 85 percent of the estimated quantity in the required dredging prism. An equitable adjustment in the Contract unit price will also apply to that part of the actual quantity of allowable overdepth material above 115 percent or below 85 percent of the estimated quantity.

1.7 QUANTITY SURVEYS (CESWG)

1.7.1 General

Quantity surveys shall be conducted, and the data derived from these surveys shall be used in computing the quantities of work performed and the actual construction completed and in place.

1.7.2 Dredging Sections

The Government will conduct the original and final surveys and make the computations based on them. (AM#4)In the event that the Contractor does not begin dredging within 30 calendar days from the Notice to Proceed, the Government will conduct before dredging (BD) surveys on the Schedule 1 work no later than 5 calendar days from the required date for the start of dredging. The Contractor shall conduct the surveys for the periods when progress payments are requested and shall make the computations based on these surveys. Surveys conducted by the Contractor shall be conducted under the direction of the Contracting Officer, unless the Contractor Officer waives this requirement in a specific instance.

1.7.3 Submittals

Promptly upon completing a survey, the Contractor shall submit the originals of every field note and other record relating to the survey or to the layout of the work in accordance with the SECTION 01 33 00 SUBMITTAL PROCEDURES. The Contracting Officer will use them as necessary to determine the amount of progress payments. The Contractor shall retain copies of submitted material.

1.8 QUANTITY OVERRUNS (CESWG)

This provision pertains to items in the Bid Schedule which are unit-priced. The Contractor is cautioned that funding on this Contract is based on the quantities shown in the Bid Schedule. Therefore, the Contractor shall not exceed the estimated quantities in the Contract bid line items without prior specific authorization, and only with a signed modification issued by the Contracting Officer. The Contractor will specifically notify the Contracting Officer, in writing, once the Contractor reaches approximately 75 percent of the quantities specified in the Contract Line Items. This notification will be separate and in addition to other reporting required elsewhere in this Contract. It is preferred that the Contractor notify the Government as soon as it recognizes that the estimated quantities are not sufficient to complete

SECTION 01 10 00.01 45 Page 5 the work indicated and specified.

1.8.1 Estimated Quantities

If the Contractor exceeds the estimated quantities without a signed modification in place, it will be considered unauthorized work for which the Contractor may not be reimbursed. Once the potential quantity overrun is identified, the Contracting Officer may, among other choices, provide additional funds (if available) to complete the work and equitably adjust the quantities in the Contract Line Item, modify the work to fit within the estimated quantities, consider the Contract complete once the contractually indicated quantities have been reached or terminate the Contract for the convenience of the Government.

1.8.2 Modification

Directions will be addressed through a formal Contract modification and no work in excess of the contractually-indicated quantities shall be performed without an official modification.

1.8.3 Notice and Potential Corrective Action

This provision shall not be interpreted as an order for the Contractor to stop work upon reaching 75 percent of the estimated quantities, it merely requires notice and potential corrective action at that point. However, absent further specific direction, the Contractor shall be prepared to stop work on any CLIN at no additional cost to the Government once 100 percent of the line item quantity has been obtained.

1.9 LAYOUT OF WORK (CESWG)

The Contractor shall lay out its work from Government-established ranges and gages shown, and shall be responsible for the measurements in connection therewith. The Contractor shall furnish, at its expense, stakes, templates, platforms, equipment, range markers, and labor as may be required to lay out any part of the work from the ranges and gages established by the Government. The Contractor shall be responsible for executing the work to the lines and grades that may be established or indicated by the Contracting Officer. The Contractor shall also be responsible for maintaining and preserving the stakes and other markers established by the Contracting Officer until authorized to remove them.

If these markers are destroyed by the Contractor or through its negligence before their removal is authorized, they may be replaced by the discretion of the Contracting Officer. The expense of replacement will be deducted from the amounts due or to become due, to the Contractor.

1.10 DAMAGE TO WORK (CESWG)

The responsibility for damage to any part of the permanent work shall be as set forth in the CONTRACT CLAUSE entitled PERMITS AND RESPONSIBILITIES. However, if in the judgment of the Contracting Officer, any part of the permanent work performed by the Contractor is damaged by flood, earthquake, hurricane or tornado, which damage is not due to the failure of the Contractor to take reasonable precautions or to exercise sound engineering and construction practices in the conduct of the work, the Contractor will make the repairs as ordered by the Contracting Officer and full compensation for these repairs will be made at the applicable Contract unit or lump sum prices as fixed and established in this Contract. If, in the opinion of the Contracting Officer, there are no

SECTION 01 10 00.01 45 Page 6

Contract unit or lump sum prices applicable to any part of this work an equitable adjustment pursuant to the CONTRACT CLAUSE entitled CHANGES of the Contract, will be made as full compensation for the repairs of that part of the permanent work for which there are no applicable Contract unit or lump sum prices. Except as herein provided, damage to work, including temporary construction; utilities; materials; equipment; and plant shall be repaired to the satisfaction of the Contracting Officer at the Contractor's expense regardless of the cause of this damage.

1.11 CONTINUITY OF WORK (CESWG)

No payment will be made for work done in an area designated by the Contracting Officer until the full depth required under this Contract is secured in the whole of this area, unless prevented by ledge rock, nor will payment be made for excavation in an area not adjacent to and in prolongation of areas where full depth has been secured except by decision of the Contracting Officer. If a non-adjacent area is excavated to full depth during the operations carried on under this Contract, payment for the work therein may be deferred until the required depth has been reached in the area intervening.

1.12 CERTIFICATES OF COMPLIANCE (CESWG)

Certificates required for demonstrating proof of compliance of materials with specification requirements shall be executed in three copies. Each certificate shall be signed by an official authorized to certify on behalf of the manufacturing company and shall contain the name and address of the Contractor, the project name and location, and the quantity and date or dates of shipment or delivery to which the certificates apply. Copies of laboratory test reports submitted with certificates shall contain the name and address of the testing laboratory and the date or dates of the tests to which the report applies. Certification shall not be construed as relieving the Contractor from furnishing satisfactory material, if after tests are performed on selected samples, the material is found not to meet the specific requirements.

1.13 ENVIRONMENTAL LITIGATION (CESWG)

If the performance of all or any part of the work is suspended, delayed, or interrupted due to an order of a court of competent jurisdiction as a result of environmental litigation, as defined below, the Contracting Officer, at the request of the Contractor, shall determine if the order is due in any part to the acts or omissions of the Contractor or a subcontractor at any tier not required by the terms of this Contract. If it is determined that the order is not due in any part to acts or omissions of the Contractor or a subcontractor at any tier other than as required by the terms of this Contract, the suspension, delay, or interruption shall be considered as if ordered by the Contracting Officer in the administration of this Contract under the terms of the CONTRACT CLAUSE entitled SUSPENSION OF WORK. The period of this suspension, delay or interruption shall be considered unreasonable, and an adjustment shall be made for an increase in the cost of performance of this Contract (excluding profit) as provided in this CLAUSE, subject to all the provisions thereof.

1.13.1 Definition

The term "environmental litigation," as used herein, means a lawsuit alleging that the work will have an adverse effect on the environment or

SECTION 01 10 00.01 45 Page 7 that the Government has not duly considered, either substantively or procedurally, the effect of the work on the environment.

1.14 NATIVE AMERICAN GRAVES PROTECTION (CESWG)

1.14.1 Act

The Native American Graves Protection and Repatriation Act, hereinafter referred to as "the Act," enacted November 16, 1990, (Public Law 101-601, 25 U.S. Code) is applicable to this Contract.

1.14.2 Discovery

The Contractor may discover Native American human remains and objects, as defined in the Act, during Contract execution. If there is a discovery the Contractor shall immediately cease activity in the area of the discovery and shall immediately notify the Contracting Officer to protect the items discovered in accordance with the Act and before resuming this activity. Fines and penalties for illegal trafficking in Native American human remains and cultural items are as defined in the Act.

1.14.3 Notification of Discovery

Upon receipt of notification of the discovery, the Contracting Officer will notify the appropriate authorities as required by the Act. The cessation of the activity in the area shall be for a minimum period of 30 days after the Contracting Officer has received certification of receipt of notification from the appropriate authorities, in accordance with the Act.

1.14.4 No Activity After Discovery

The Contractor shall not resume the activity in the area of the discovery until the Contracting Officer has given the Contractor notice that the Contractor may resume the activity.

1.15 CONTRACTING OFFICER SIGNATURE (CESWG)

The Contracting Officer signing this Contract is the Procuring Contracting Officer on this Contract. However, a Contracting Officer that is assigned to the Galveston or Fort Worth District and acting within its authority may take formal action on this Contract when a Contract action needs to be taken and the primary Contracting Officer is away from the office.

1.16 TRADE NAMES AND PROPRIETARY ITEMS (CESWG)

The use of trade names or proprietary items is only for specified materials or equipment generally known to and used by the industry that meets minimum requirements in terms of physical characteristics, chemical composition, laboratory test results performance in actual use, or a combination of these as applicable. Other trade names or proprietary items may be substituted if approved equal.

1.17 HARBOR MAINTENANCE FEE (1 SEP 1995)(EAL 88-1)

Offerors contemplating use of U.S. ports in the performance of this Contract are subject to paying a harbor maintenance fee on cargo. Federal law establishes an ad valorem port use fee on commercial cargo imported into or exported from various U.S. ports. The fee is 0.125 percent

SECTION 01 10 00.01 45 Page 8

(.00125). Cargo to be used in performing work under Contracts with the U.S. Government is not exempt from the fee, although certain exemptions do exist. Offerors are responsible for ensuring that the applicable fee and associated costs are taken into consideration in the preparation of their offers. Failure to pay the harbor maintenance fee may result in assessment of penalties by the U.S. Customs and Border Protection.

The statute is at Title 26 U.S. Code sections 4461 and 4462. Department of Treasury U.S. Customs and Border Protection regulations implementing the statute, including a list of ports subject to the fee, are found at 19 CFR Section 24.24, Harbor Maintenance Fee. Additional information may be obtained from local U.S. Customs and Border Protection offices or by writing to the Director, Budget Division, Office of Finance, Room 6328, U.S. Customs and Border Protection, 1301 Constitution Avenue, N.W., Washington, D.C. 20229.

1.18 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (CESWG)

This Paragraph does not apply to terminations. See UAI 52.249-5000, Basis for settlement of proposals and FAR PART 49.

1.18.1 Allowable Cost

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 VI. 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.

1.18.2 Equipment Rental Costs

Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36. 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.

1.18.3 Actual Equipment Costs

When actual equipment costs are proposed and the total amount of the pricing action exceeds the small purchase threshold, the Contracting Officer shall request the Contractor to submit either certified cost or pricing data, or partial and limited data, as appropriate. The data shall be submitted on Standard Form 1411, Contract Pricing Proposal Cover Sheet.

SECTION 01 10 00.01 45 Page 9

NOTE: A copy of EP 1110-1-8, "CONSTRUCTION EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE," is available at the following website:

http://www.publications.usace.army.mil/Portals/76/Publications/ EngineerPamphlets/EP_1110-1-8.pdf . Copies are also available for review in the Northern Area Office within the Galveston District. The Pamphlet may be purchased directly from the Government Printing Office by calling (202) 512-1800. The postal address is Government Printing Office, Superintendent of Documents, P.O. Box 371954, Pittsburgh, Pennsylvania 15250-7954. On-line sales are available at http://bookstore.gpo.gov .

1.19 COORDINATION MEETINGS (CESWG)

The Contractor shall schedule and attend regular coordination meetings with the Government. Meetings shall be scheduled as directed.

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

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SECTION 01 10 00.01 45 Page 10

1.19 COORDINATION MEETINGS CESWG