AM01.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES

1 2

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE

DATE

4. REQUISITION/PURCHASE

REQ. NO.

5. PROJECT NO. (If applicable)

W9127826RA009-0001 01 APR 2026 SHA21003

6. ISSUED BY CODE 7. ADMINISTERED BY(If other than item 6)

CODE

Corps of Engineers

100 Canal Street

Mobile, AL 36602

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP code) 9A. AMENDMENT OF SOLICITATION

NO.

W9127826RA009

9B. DATED (SEE ITEM 11)

01 APRIL 2026

10A. MODIFICATION OF

CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE

FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended. Offers 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 ACKNOWLEDGEMENT 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 ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO 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)

The subject solicitation for: CSL AIRCRAFT MAINTENANCE HANGAR - CSL COMALAPA, EL SALVADOR

Is modified in the following: REFER TO THE ENCLOSED REVISED SPECIFICATION/DRAWING REVISIONS FOR AMENDMENT NO. 0001

Except as provided herein, all terms and conditions of the document reference 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) 16A. NAME AND TITLE OF CONTRACTING OFFICE (Type or print)

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

BY

(Signature of contracting officer)

16C. DATE SIGNED

NSN 7540-01-152-8070 30-105 STANDARD FORM 30 (REV. 10-83)

PREVIOUS EDITION UNUSABLE Prescribed by GSA

CSL AIRCRAFT MAINTENANCE HANGAR W9127826RA009

CSL COMALAPA, EL SALVADOR SHA21003

SF 30 Page 2

AMENDMENT NO. W9127826RA009-0001

PART I-REVISIONS MADE BY ADDED AND/OR REPLACEMENT PARAGRAPHS/PAGES/SECTIONS

The items listed below are to be replaced by the corresponding added and/or revised paragraphs/pages or sections. Added and/or revised paragraphs/pages or sections are indicated by a note in bottom right hand corner of each paragraph or page. Added sections are hereby made a part of the contract and are to be inserted in the specification in the proper numerical/alphabetical sequence.

Within the specifications, deletions from the specifications are indicated by strikethrough, e.g.: deletions are marked with strikethrough and additions to the specifications including revisions/substitutions are indicated in bold, italic and underlined, e.g.: additions are indicated thus.

Corresponding Added or Revised Paragraph

SECTION Page, and/or Section

Volume 1 of 3

01 00 01 Revised paragraph 7 as indicated herein.

Encl as stated

Revised pages of the specifications as indicated in Part I.

SECTION 01 00 01

REVISED BY AMENDMENT NO. W9127826RA009-0001

Section 01 00 01 – General Contract Requirements

Table of Contents

1. FALSE STATEMENTS IN OFFERS

2. U.S. ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL,

EM 385- 1-1

3. ARITHMETIC DISCREPANCIES

4. OFFEROR’S PROPOSAL

5. ISSUING OFFICE

6. SUBMITTAL OF OFFER

7. REQUESTS FOR INFORMATION

9. CONTRACT PRICES - BIDDING SCHEDULE

10. MANUALS AND PUBLICATIONS

11. EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

12. BOARD OF CONTRACT APPEALS

12A. AFFILIATED BIDDERS

13. SPECIAL TREATMENT OR PACKAGING OF EQUIPMENT AND MATERIAL

14. COMPLIANCE WITH LAWS, RULES AND CUSTOMS

15. PROHIBITION AGAINST CONTRACTING WITH INDIVIDUALS OR ENTITIES

DESIGNATED AS SIGNIFICANT NARCOTICS TRAFFICKERS

16. CERTIFICATES OF COMPLIANCE

17. TEMPORARY ELECTRICAL SERVICE

18. BULLETIN BOARD

19. PRESERVATION OF HISTORICAL, ARCHEOLOGICAL AND CULTURAL RESOURCES

20. AWARD OF MULTIPLE PROJECTS TO A SINGLE CONTRACTOR

21. EQUIPMENT DATA

22. HAZARD ANALYSIS PLAN

23. CONTRACTOR MAINTENANCE

24. PROTECTION OF MATERIAL AND WORK

25. SITE OUTAGES

26. APPLICABILITY OF HOST COUNTRY LAW

27. REMOVAL OF CONTRACTOR EQUIPMENT, MATERIALS, TOOLS AND SUPPLIES

28. LANGUAGE

29. CUSTOM CLEARANCE

30. CONTRACTOR LIAISON WITH THE GOVERNMENT OF THE HOST COUNTRY

31. CONTRACTOR'S RADIO COMMUNICATION FACILITY

32. CONTRACTOR'S AIRCRAFT OPERATION

33. SECURITY CLEARANCE

34. PAYMENTS TO THE CONTRACTOR

35. WAR RISKS

36. RIGHTS OF ENTRY

37. PERMITS AND RESPONSIBILITIES

38. CONTRACTOR PAYMENT REQUEST

39. KEY PERSONNEL, SUBCONTRACTORS AND OUTSIDE ASSOCIATES OR CONSULTANTS

40. PERFORMANCE BOND - SUPPLEMENT #1 (BANK GUARANTEE)

41. PERFORMANCE BOND - SUPPLEMENT #2 (IRREVOCABLE LETTER OF CREDIT)

42. PERFORMANCE BOND - SUPPLEMENT #3 (TREASURY BOND)

43. PERFORMANCE BOND - SUPPLEMENT #4 (CHECKS)

44. PERFORMANCE BOND – SUPPLEMENT #5 (ESCROW AGREEMENT)

45. BID GUARANTEE - SUPPLEMENT #1 (BANK GUARANTEE)

46. BID GUARANTEE - SUPPLEMENT #2 (IRREVOCABLE LETTER OF CREDIT)

47. BID GUARANTEE - SUPPLEMENT #3 (TREASURY BOND)

48. BID GUARANTE – SUPPLEMENT #4 (CHECKS)

49. DUTIES, TAXES AND LICENSE FEES

50. PROCUREMENT OF SUPPLIES AND MATERIALS

51. DEFENSE BASE ACT INSURANCE RATES – LIMITATION – FIXED-PRICE

52. WORKERS COMPENSATION INSURANCE (DEFENSE BASE ACT)

53. POST-AWARD REQUEST FOR INFORMATION

54. JOINT VENTURE BID REQUIREMENTS

55. SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

1. FALSE STATEMENTS IN OFFERS

Offerors must provide full, accurate, and complete information as required by this solicitation and its attachments. The penalty for making false statements in bids is prescribed in 18

U.S.C. 1001.

2. U.S. ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS

MANUAL, EM 385- 1-1

This paragraph applies to contracts and purchase orders that require the contractor to comply with EM 385-1-1 (e.g., contracts that include the Accident Prevention clause at FAR 52.236-

13 and/or other safety provisions). EM 385-1-1 and its changes are available at https://www.publications.usace.army.mil/Portals/76/EM%20385-1-

1%20_EFFECTIVE%2015March2024.pdf. The Contractor shall be responsible for complying with the current edition and all changes posted on the web through the date that is

10 calendar days prior to the date offers are due. If the solicitation is amended to extend the time set for receipt of offers, the 10 calendar days rule stated above shall be applied against the amended date. (For example, if offers are due on 10 April, all changes posted on or before 31 March shall apply to the contract. If the time for receipt of offers is extended from

10 April to 20 April, all changes posted on or before 10 April shall apply to the contract.)

3. ARITHMETIC DISCREPANCIES

For the purpose of initial evaluation of bids, the following will be utilized in resolving arithmetic discrepancies found on the face of the bidding schedule as submitted by bidders:

a. Obviously misplaced decimal points will be corrected;

b. In case of discrepancy between unit price and extended price, the unit price will govern;

c. Apparent errors in extension of unit prices will be corrected; and

d. Apparent errors in addition to lump-sum and extended prices will be corrected.

For the purpose of bid evaluation, the Government will proceed on the assumption that the bidder intends his bid to be evaluated on the basis of unit prices, extensions, and totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.

4. OFFEROR’S PROPOSAL

The offeror will be required to perform in accordance with the provisions of its final proposal which are accepted by the Government. The proposal will have the same force and effect as if incorporated into this contract.

5. ISSUING OFFICE

The issuing office is the U.S. Army Corp of Engineers, Mobile District.

Delivery/Mailing Address:

100 Canal Street, Mobile, Alabama 36602-1901

6. SUBMITTAL OF OFFER

IMPORTANT: Offers are due by the time and date specified in the solicitation. Offers or bids that arrive after the established due time and date are considered late. There will be no exceptions made for those offers or bids that are late. Any questions about this solicitation, including technical questions about plans and specifications shall be submitted via the Bidder Inquiry Portal in ProjNet at http://www.projnet.org/projnet. No other means of communication, email, fax, or telephone inquiries will be accepted in submitting questions.

See Paragraph 7 – Requests for Information – for further details. This solicitation is a

"request for proposal" and all references to "bid," "bidder," etc., shall be construed to mean

"offer," "proposal," "offeror," etc.

AMENDMENT 0001

7. REQUESTS FOR INFORMATION

Any questions about this solicitation, including technical questions about plans and specifications, shall be submitted via the Bidder Inquiry Portal in ProjNet at https://www.projnet.org. To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access. A prospective vendor who submits a comment /question will receive an acknowledgement of their comment/question via email, followed by an answer to the comment/question after it has been processed by our technical team. All timely questions and approved answers will be made available through ProjNet.

Questions shall be submitted no later than 26 NOVEMBER 2025 20 April 2026 at 2:00 p.m. Central Time to allow time for a response, and amendment to the solicitation if necessary. On this date and time, the portal will be closed.

For technical questions, no other means of communication, e-mail, fax, or telephone, will be accepted. Oral exchanges between Offerors or Bidders and the government prior to award of the contract will not be binding. In addition to information available to Offerors or Bidders on the Bidder Inquiry Portal, any information concerning this solicitation will be furnished to all Offerors or Bidders as an amendment to the solicitation if the information is necessary to the submittal of offers or bids.

The Solicitation Number is: W9127826RA009

The Bidder Inquiry Key is: SNQJ2N-ID7BWR Y2343H-GS8MIE

Specific Instructions for ProjNet Bid Inquiry Access:

1. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

2. Identify the Agency. This should be marked as USACE.

3. Key. Enter the Bidder Inquiry Key listed above.

http://www.projnet.org/projnet

4. Email. Enter the email address you would like to use for communication.

5. Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

6. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and

Answer as they will be used from this point on to access the ProjNet system.

7. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

Specific Instructions for Future ProjNet Bid Inquiry Access:

1. For future access to ProjNet, you will not be emailed any type of password. You will utilize your Secret Question and Secret Answer to log in.

2. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

3. Identify the Agency. This should be marked as USACE.

4. Key. Enter the Bidder Inquiry Key listed above.

5. Email. Enter the email address you used to register previously in ProjNet.

6. Click Continue. A page will then open asking you to enter the answer to your Secret

Question.

7. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

Offerors or Bidders are requested to review the solicitation and amendments in their entirety, as well as to review the Bidder Inquiry Portal for previous questions and responses, prior to submission of a new inquiry on the Portal.

CAUTION: ANY INQUIRY SUBMITTED AND ANSWERED WITHIN THIS SYSTEM

WILL BE ACCESSIBLE TO VIEW BY ALL INTERESTED OFFERORS OR BIDDERS

ON THIS SOLICITATION.

The call center for the ProjNet operates weekdays from 8 AM to 5 PM U.S. Central Time

Zone. The telephone number is 1-800-428-HELP.

Note: Questions/comments should be entered in the system one at a time. List of questions uploaded in ProjNet regardless of the format, will not be answered.

Note: Questions/comments should be classified as “Public”.

AMENDMENT 0001

8. DESCRIPTION OF WORK

The Government intends to award a DBB Contract for the construction of a new Aircraft

Maintenance Hangar at Cooperative Security Location Comalapa in El Salvador, to include associated sitework and indicental paving.

All work shall conform to the requirements of the technical criteria listed in the design package. Work on US managed installations or for the exclusive use of US personnel requires compliance with all applicable U.S. codes and standards to include applicable U.S.

Department of Defense criteria such as Unified Facility Criteria (UFC) and Anti-Terrorist and Force Protection (AFTP) requirements.

Close coordination will be required with both the U.S. and Host Nation Military and civilian authorities throughout the life of the project. Because the work is to be performed on a host nation military installation, all host nation requirements for installation access, immigration compliance, environmental and other concerns must be met. This will require that contractor and Government employees be vetted for security by Host Nation military authorities.

NOTE: The above general outline of features of the work does not in any way limit the responsibility of the Contractor to perform all work and furnish all plant, labor, equipment, and materials required by the specifications and the drawings referred to therein.

9. CONTRACT PRICES - BIDDING SCHEDULE

Payment for the various items listed in the Bidding Schedule shall constitute full compensation for furnishing all plant, labor, equipment, appliances, materials, and bonds

(performance and payment), and for performing all operations required to complete the work in conformity with the drawings and specifications. All costs for work not specifically mentioned in the Bidding Schedule shall be included in the contract prices for the items listed.

10. MANUALS AND PUBLICATIONS

Engineering manuals and Concrete Research Division Publications may be obtained from the addresses given below.

Engineering Manuals:

U. S. Army, Corps of Engineers

Publications Depot

2803 -52nd Avenue

Hyattsville, MD 20781-1102

Concrete Research Division Publications:

U.S. Army Engineer Waterways Experiment Station

ATTN: Publications Distribution Unit

P.O. Box 631

Vicksburg, MS 39180

11. EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

Whenever a contract or modification of contract price is negotiated, the contractor's cost proposals for equipment ownership and operating expenses shall be determined in accordance with the requirements of the paragraph entitled "EQUIPMENT OWNERSHIP

AND OPERATING EXPENSE SCHEDULE," contained in the Special Clause section of the

Specifications. A copy of EP 1110-1-8 is available for purchase from the U.S. Government

Online Bookstore at http://bookstore.gpo.gov.

12. BOARD OF CONTRACT APPEALS

The agency board of contract appeals having jurisdiction over all appeals from final decisions of the Contracting Officer under the Contract Disputes Act of 1978 is the Armed

Services Board of Contract Appeals, Skyline Six, 5109 Leesburg Pike, 7TH Floor, Falls

Church, Virginia 22041.

12A. AFFILIATED BIDDERS

a. Business concerns are affiliates of each other when, either directly or indirectly, (1) one concern controls or has the power to control the other, or (2) a third-party control or has the power to control both.

b. Each bidder shall submit with its bid an affidavit stating that it has no affiliates or containing the following information.

(1) The names and addresses of all affiliates of the bidder.

(2) The names and addresses of all persons and concerns exercising control or ownership of the bidder and any or all of its affiliates, and whether they exercise such control or ownership as common officers, directors, stockholders, holding controlling interest, or otherwise.

Please check when applicable:

The offeror certifies that it has no affiliates.

The offeror certifies that it is affiliated with the concerns designated on an attached affidavit.

13. SPECIAL TREATMENT OR PACKAGING OF EQUIPMENT AND MATERIAL

Offerors are cautioned that equipment and material requiring ocean transportation may be subjected to inordinate dangers and special treatment or packaging may be necessary to assure arrival in a condition conforming to contract requirements.

14. COMPLIANCE WITH LAWS, RULES AND CUSTOMS

http://bookstore.gpo.gov/

a. The Contractor shall be responsible for furnishing the Government of the host country with the names of personnel, type and amounts of equipment, dates and length of time required at the site, and purpose of entering, so that proper clearances may be obtained from the host country. It is understood that areas to which rights of entry are provided by the host country Governments are to be used only for work carried out under the contract and no destruction or damages shall be caused, except through normal usage, without concurrence of the host country Government.

b. The following items are a non-exclusive list of the types of local conditions that are the sole responsibility of the Contractor to investigate, estimate as to cost, and assume the risk, as normally encountered by Contractors on fixed-price contracts. The Contractor shall be responsible for determining the effects of these items and any similar local requirements on his own cost of performance of the contract and for including sufficient amount in the contract price.

1) Official language and type of accounts required to satisfy the officials of the local

Government.

2) Entry and exit visas, residence permits, and residence laws applicable to aliens.

3) Passports, health and immunization certificates, and quarantine clearances.

4) Compliance with local labor and social insurance laws, including payment of employer's share of contribution, collecting balance from employee and paying into insurance funds (if any).

5) Compliance with host nation law concerning insurance of payments to all persons supplying labor or material in prosecution of the work provided for in the contract.

6) Strikes, demonstrations and work stoppage.

7) Collection through withholding and payment to local Government of any income tax on employees subject to tax.

8) Operating under local laws, practices, customs, and controls in connection with such matters as hiring and firing, mandatory wage scales, vacation pay, severance pay, overtime, holiday pay, 7th day of rest, legal notice or pay in lieu thereof for dismissal of employees, slowdown and curtailed schedules during religious holidays and ratio of the host country's labor employed in comparison to others.

9) Possibility of claims in local bureaus, litigation in local courts, or attachment of local bank accounts.

10) Compliance with workmen's compensation laws and contribution into funds.

Provisions of necessary medical service for Contractor employees.

11) Special licenses (if any) are required by the Government of the host country for setting up and operating any manufacturing plant, e.g., concrete batching, precast concrete, concrete blocks, etc.

12) Sales within the host country of contractor-owned materials and equipment.

13) Special licenses for physicians, mechanics, tradesmen, drivers, etc.

14) Identification and/or registration with local police of imported personnel.

15) Stamp tax (if any) on documents, payments, and payrolls.

16) Arranging to receive payments and process and remove funds from the host country.

17) Obtain tax exempt card from foreign government for prime Contractor as well as subcontractors.

18) All Honduran males between the ages of 18 and 30 are subject to the Honduran military draft. Only those Honduran males with exemption cards issued by the

Honduran Military Authorities or those with proof of prior service in the

Honduran Armed Forces shall be permitted to work on Honduran Military

Installations.

c. No duty or fee will be assessed on materials, equipment or supplies other than charges for services requested and ordered.

15. PROHIBITION AGAINST CONTRACTING WITH INDIVIDUALS OR ENTITIES

DESIGNATED AS SIGNIFICANT NARCOTICS TRAFFICKERS

Pursuant to Executive Order 12978 entitled "Blocking Assets and Prohibiting Transactions with Significant Narcotic Traffickers" dated October 21, 1995, the offeror certifies that it has not and will not be involved in business transactions with individuals or business entities designated as significant narcotics traffickers under this Executive Order. For a current listing of specially designated nationals and blocked persons, visit https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx.

16. CERTIFICATES OF COMPLIANCE

Any certificates required for demonstrating proof of compliance of materials with specification requirements shall be executed in four 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 address of the testing laboratory and the https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx 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.

17. TEMPORARY ELECTRICAL SERVICE

All temporary electrical service on the project, and within all temporary and permanent structures shall be installed and maintained in compliance with the provisions of EM 385-1-

1, Corps of Engineers Safety and Health Requirements, and APPENDIX T of Mobile District

Regulation 385-1-1, Electrical Service Requirements for Construction and Maintenance

Operations.

18. BULLETIN BOARD

Immediately upon beginning of work under this contract, the Contractor shall provide at the job site a weatherproof glass-covered bulletin board for displaying the fair employment poster, wage rates, and safety bulletins and posters. Emergency telephone numbers and reporting instructions for ambulance, physician, hospital, fire and police shall be posted. The bulletin board shall be located in a conspicuous place easily accessible to all and legible copies of the aforementioned data shall be displayed until work under the contract is completed. No direct payment will be made for the bulletin board. No direct payment will be made for the bulletin board.

19. PRESERVATION OF HISTORICAL, ARCHEOLOGICAL AND CULTURAL

RESOURCES

a. If known historical, archeological and cultural resources exist within the Contractor's work area, they have been designated on the contract drawings. The Contractor shall install protection for these resources as shown on the drawings and shall be responsible for their preservation during the contract.

b. If, during construction activities, the Contractor observes items that might have historical or archeological value, such observations shall be reported immediately to the

Contracting Officer so that the appropriate authorities may be notified and a determination can be made as to their significance and what, if any, special disposition of the finds should be made. The Contractor shall cease all activities that may result in the destruction of these resources and shall prevent his employees from trespassing on, removing, or otherwise damaging such resources.

20. AWARD OF MULTIPLE PROJECTS TO A SINGLE CONTRACTOR

The requirements of both the Contract and Special Clauses shall apply equally to each individual project. For example, each project will require a bulletin board, a project sign, and a job superintendent.

21. EQUIPMENT DATA

Major Equipment. The Contractor shall be required to make a list of all installed equipment furnished under this contract. This list shall include but not be limited to each piece of equipment which has a serial number. This list shall include all information usually listed on manufacturer's name plate, so as to positively identify the piece of property. This list shall also include the cost of each piece of installed property (less installation costs) F.O.B. to the construction site. The above referenced list shall be furnished as soon as possible after equipment is purchased. The list shall be furnished as one (1) reproducible and three (3) copies and shall be furnished to Contracting Officer not later than thirty calendar days prior to completion of any segment of the contract work which has an incremental completion date. Listing will be on Government furnished MOB Form 897, available from the

Contracting Officer.

Other Equipment. The Contractor will be required to furnish a brochure, catalog cut, parts list, manufacturer's data sheet or other publication (including the manufacturer's name and address) which will show detailed parts data on all other equipment, such as hardware, plumbing and lighting fixtures, etc., subject to repair and maintenance procedures. The data shall be furnished in four (4) copies to the Contracting Officer not later than thirty calendar days prior to completion of any segment of the contract work which has an incremental completion date.

22. HAZARD ANALYSIS PLAN

A hazard analysis plan, as described in the Corps of Engineers Safety and Health

Requirements Manual, EM 385-1-1, is required for this contract.

23. CONTRACTOR MAINTENANCE

At the end of each working day the Contractor shall police the work area and the area immediately surrounding the work area of all work-related debris. The Contractor shall comply with all applicable safety requirements and shall conduct his operations in a manner to insure an accident-free environment. Contractor shall keep all grassed areas within his work area in a neatly trimmed state during the growing season. Stacked materials shall not be located within 25 feet of an active roadway.

24. PROTECTION OF MATERIAL AND WORK

The Contractor shall at all times protect and preserve all materials, supplies and equipment of every description (including property which may be Government-furnished or owned) and all work performed. All reasonable requests of the Contracting Officer to enclose or specially protect such property shall be complied with. If, as determined by the Contracting Officer, material, equipment, supplies, and work performed are not adequately protected by the

Contractor such property may be protected by the Government and the cost thereof may be charged to the Contractor or deducted from any payments due him.

25. SITE OUTAGES

Electrical, water, sewage, gas, and other utility outages will be granted at the convenience of the Government. Generally, such outages will be granted on weekends, holidays, and at night. The Contractor shall request such outages in writing at least fifteen (15) days in advance of the time required so that necessary coordination with the Using Service can be made. Energized power lines shall not be worked hot.

26. APPLICABILITY OF HOST COUNTRY LAW

The Contractor and all of his subcontractors and suppliers shall respect and abide by and will ensure that their employees and their dependents respect and abide by all applicable laws, regulations, and decrees of the host country.

27. REMOVAL OF CONTRACTOR EQUIPMENT, MATERIALS, TOOLS AND

SUPPLIES

All construction equipment, materials, form system, tools and/or supplies belonging to the

Contractor and required for the performance of this work but not incorporated into the work, will remain the property of the Contractor and, upon approval of the Contracting Officer, the

Contractor will be permitted to remove any of the same from the work sites.

a. The Contractor may use or resell same at his convenience and without additional cost to the Government, so long as he complies with all laws and regulations of the

Government of host country, including applicable customs, duties, taxes, licenses, import bonds and other charges which may be imposed thereon by the Government of the host country. The host country shall have the first option to acquire any equipment, materials, supplies, or other movable property imported into or procured within the host country under this contract.

b. The Contractor shall also be permitted to export such equipment, materials, tools or supplies without payment of customs, duties, taxes, or other charges, except for services requested or ordered.

28. LANGUAGE

Translation. Drawings, specifications, instruction, or other documents furnished to the

Contractor by the Government in connection with the performance of the work will be in the

English language only. Such translations thereof as are necessary or proper for the performance of the work, shall be provided by the Contractor. Errors or omissions in such translations from the Government-furnished drawings, specifications, instructions, or other documents shall be the responsibility of the Contractor. The English text shall govern in the event of disagreements occasioned by differences between the text and the Contractor's translation of drawings, specifications, instructions, or other documents furnished by the

Government pursuant to the provisions of the contract. All correspondence, drawings, and other documents submitted by the Contractor shall be entirely in English, except as otherwise provided in the contract. All reference in correspondence or other documents to monetary sums shall be furnished in United States dollars.

29. CUSTOM CLEARANCE

In order to expedite the movement of materials obtained by the Contractor from sources outside of the host country for use in performance of work under this contract, the Contractor shall take all actions as necessary to meet the following requirements:

a. All shipments of materials to the host country for use in performance of work under this contract and supplies or services necessary for support of the Contractor's personnel shall be addressed to the Contracting Officer’s Representative (COR). Complete shipping address will be furnished to the Contractor by the COR upon request.

b. All shipments of materials to the host country for use in performance of work under this contract and supplies or services necessary for support of the Contractor's personnel shall be addressed to the Contracting Officer’s Representative (COR). Complete shipping address will be furnished to the Contractor by the COR upon request.

c. The Contractor shall be responsible for all customs clearances actions. All necessary arrangements, clearance procedures, and coordination with the host country's custom officials will be the sole responsibility of the Contractor. The Contractor shall submit to the COR by email or hard copy with a cover letter “the shipping documents” for the shipment(s) involved. As a minimum, the following shall be included as email attachments/hard copy enclosures, to the cover letter to the COR:

1) Invoice.

2) Bill of lading.

3) Certificate of origin.

4) Statement on the email/cover letter as to Port of Customs Clearance, estimated arrival date, general description of the shipment, quantity and the name of the carrier.

5) Contractor certification that materials, equipment and supplies will be consumed, incorporated into the work or disposed of.

d. The Contractor shall be responsible for performance of all transportation or other physical handling of materials as may be required, including all movement from carrier unloading site to delivery at the job site and all movement required at the customs areas.

30. CONTRACTOR LIAISON WITH THE GOVERNMENT OF THE HOST COUNTRY

All communication by the Contractor with all officials, representatives and/or offices of the

Government of the host country in all matters pertaining to the design and construction of this contract shall be through and in full liaison with the Contracting Officer or the appointed

Contracting Officer Representative (COR). This does not relinquish Contractor responsibility for obtaining routine items to conduct day-to-day business such as visas, permits, and customs clearances.

31. CONTRACTOR'S RADIO COMMUNICATION FACILITY

The United States Government does not guarantee the Contractor the right to operate a radio communication facility in the host country. If the Contractor desires to establish a radio communication system, he will be responsible for obtaining all permits, licenses, and frequencies from the Government of the host country. If requested, the Contracting Officer will solicit assistance from the Ministry of Defense in supporting the Contractor's application.

32. CONTRACTOR'S AIRCRAFT OPERATION

The United States Government does not guarantee the Contractor the right to operate aircraft into, within, and out of the host country. If the Contractor host country desires to operate aircraft in-country in association with work under this contract, he will be responsible to obtain, interpret, and comply with all regulations, procedures, and laws of the host country, including all permits, operations, and aircraft entrance requirements, from the appropriate officials of the Government of the host country.

33. SECURITY CLEARANCE

Contractor’s employees may be subject to security clearance by the host country. If applicable, employees will not be allowed to travel to or be admitted into the site prior to receipt of such a clearance.

34. PAYMENTS TO THE CONTRACTOR

All payments made by the Government to the Contractor for work performed under this contract will be made in U.S. dollars. The payment office for this contract will be:

USACE Finance Center - Disbursing Office

5722 Integrity Drive

Millington, Tennessee 38054-5005

35. WAR RISKS

a. Notwithstanding any other provisions of this contract to the contrary and except as set forth in (a)(2), below:

1) The Government assumes the risk of loss or damage to and/or destruction of completed or partially completed work performed under this contract, where such loss, damage, and/or destruction occurs by or as a result of civil commotion, riot, sabotage, insurrection, rebellion, or hostile or warlike action, including action in hindering, combating, or defending against an actual, impending or expected attack by any government or sovereign power (de jure or de facto) or by any authority using military, naval, or air forces, and agrees that the Contractor shall not be responsible for such loss, damage, and/or destruction. When such loss, damage, and/or destruction occurs, the Contractor shall promptly take all reasonable steps to protect the work from future loss, damage and/or destruction. If directed in writing by the

Contracting Officer, the Contractor shall proceed to replace an/or repair such part of the completed or partially completed work as may have been lost, damaged, and/or destroyed as hereinbefore set forth and, in such event, the contract price and time of performance shall be equitably adjusted and the contract will be modified in writing accordingly.

2) If material, equipment, and/or installations, which are being used or were acquired for use by the Contractor in the performance of this contract and which are located on the site of the work to be performed under this contract, are lost, damaged, and/or destroyed by or as the result of civil commotion, riot, sabotage, insurrection, rebellion, revolution, or hostile or warlike action, including action in hindering, combating, or defending against an actual, impending or expected attack by any government or sovereign power (de jure or de facto) or by any authority using military, naval, or air forces, or by any agent of any such government, power, authority, or forces, and not due to the Contractor's failure to exercise sound judgment in the management of work or in taking reasonable precautions to protect such material, equipment and/or installations, to the extent that such loss, destruction and/or damage is not covered by insurance and within the limit of funds against which indemnification by the Government to the Contractor for such loss, destruction and/or damage may lawfully be charged, an equitable adjustment will be made to increase the contract price without allowance for profit and/or overhead, to the extent necessary to indemnify the Contractor for such loss, destruction and/or damage and the contract will be modified in writing accordingly.

3) In the event of hostilities or threat of hostilities affecting the supply or movement of materials, supplies and/or personnel from or through Latin American countries which cause an increase in the cost of performance of this contract, an equitable adjustment will be made to increase the contract price to the extent necessary to indemnify the

Contractor for losses incurred thereby, and the Contractor, on request of the

Contracting Officer, shall show by appropriate documentary proof and as may otherwise be necessary, the extent of the increase in the cost of performance of this contract. Overhead and/or profit will not be allowed in any price adjustment.

4) The Contractor warrants that the contract price does not and shall not include any charge or reserve for insurance (including self-insurance funds or reserve) or any contingency, covering any of the risks assumed or indemnified by the Government under this clause. The Contractor agrees that if it carries any insurance which is deemed by the Contracting Officer to cover any of the risks assumed or indemnified against by the Government under this clause, to make demand against the insurer in the amount recoverable and to reduce its claims hereunder by the amount covered, from the insurer or, at the option of the Contracting Officer, to assign to the

Government its rights against the insurer for the risks covered by this clause, and upon request of the Contracting Officer, to furnish to the Government and at the

Government's expense, all reasonable assistance and cooperation (including the prosecution of suit and the execution of instruments of assignment or subrogation in favor of the Government) in obtaining recovery.

5) The Contractor shall give the Contracting Officer prompt notice of any loss of, damage to, and/or destruction of property for which the Government has assigned the risk or agreed to indemnify the Contractor under this clause, and shall furnish evidence or proof of such loss, damage, and/or destruction in such manner or form as may be required by the Contracting Officer.

6) Failure to agree to any adjustment contemplated under this clause shall be a dispute concerning a question of fact within the meaning of the contract clause entitled, "DISPUTES." However, nothing in this clause shall excuse the Contractor from proceeding with the work, including the repair and/or replacement as hereinabove provided.

36. RIGHTS OF ENTRY

Rights of entry and real estate for construction sites will be furnished to the contractor on a task order basis.

For the purposes of this Section, the term “Companies” includes, but is not limited to, corporations incorporated in the named countries, business entities headquartered in the named countries, and/or joint ventures where all joint ventures are incorporated in the named countries.

This limitation applies to all prime contractors, subcontractors, suppliers, and other entities engaged in the execution of the project. For definitional purposes, the term “companies” includes but is not limited to corporations incorporated in the named countries and business entities headquartered in the named countries. Any joint venture party that is also within the definition of the term “Companies” defined above, is also subject to the limitations contained in subclause 2 above.

37. PERMITS AND RESPONSIBILITIES

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable host country or political subdivisions thereof, United States (Federal) and municipal laws, codes, and regulations, applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

38. CONTRACTOR PAYMENT REQUEST

A copy of CESAM Form 1151 entitled PROMPT PAYMENT CERTIFICATION AND

SUPPORTING DATA FOR CONTRACTOR PROGRESS PAYMENT INVOICE is included hereinafter, with instructions. This form will be used in conjunction with the

CONTRACT CLAUSE entitled PAYMENTS UNDER FIXED-PRICE CONSTRUCTION

CONTRACTS. The contracting Officer will provide copies of the form to the Contractor upon request. The Contractor shall complete the form, sign the certification and submit it with each progress payment invoice.

39. KEY PERSONNEL, SUBCONTRACTORS AND OUTSIDE ASSOCIATES OR

CONSULTANTS

Any key in-house personnel, subcontractors and outside associates or consultants required by the Contractor in connection with the services covered by the contract will be limited to individuals or firms that were specifically identified and agreed to during negotiations. The

Contractor shall obtain the Contracting Officer's written consent before making any substitution for these designated key personnel, subcontractors, associates, or consultants.

40. PERFORMANCE BOND - SUPPLEMENT #1 (BANK GUARANTEE)

a. Bank Guarantees that are irrevocable, unconditional, and issued by financial institutions acceptable to the Contracting Officer and that are in compliance with and governed by the

ICC Publication No. 758, Uniform Rules for Demand Guarantees, will be accepted for contracts under 3,000,000 U.S. dollars.

b. The offeror/contractor may submit a Bank Guarantee with an initial expiration date estimated to cover the entire period for which financial security is required or may submit a Bank Guarantee with an initial expiration date that is a minimum period of one year from the date of issuance. The

Bank Guarantee shall provide that, unless the issuer provides the beneficiary written notice of non-renewal at least 60 days in advance of the current expiration date, the Bank Guarantee is automatically extended without amendment for one year from the expiration date, or any future expiration date, until the period of required coverage is completed and the Contracting Officer provides the financial institution with a written statement waiving the right to payment

c. The period of required coverage shall be until completion of any warranty period.

d. Bank Guarantees must be accompanied by a Certification or Power of Attorney properly notarized in accordance with local law, establishing that the person signing on behalf of the guarantor is authorized to bind the guarantor. The Guarantee and Certification or

Power of Attorney must have the same date.

e. Bank Guarantees must also be accompanied by a “Principal and Guarantor Memorandum” executed by the principal and guarantor. A copy of the memorandum is provided in the solicitation.

f. All documents must be in English, and all monetary amounts must be expressed in U.S.

dollars and cents.

g. The following format shall be used by the issuing financial institution to create a Bank

Guarantee:

[Issuing Financial Institution’s Letterhead/Name and Address]

BANK GUARANTEE

Issue Date:

Account Party’s Name: [Name of the Contractor’s Organization]

Account Party’s Address:

Solicitation Number:

Beneficiary: United States Army Corps of Engineers, Mobile District, 100 Canal Street,

1. The undersigned hereby provides this irrevocable and unconditional guarantee in favor of the United States Army Corps of Engineers, Mobile District, in the amount of

$[Amount], guaranteeing the bid of [Account Party’s name] for the [Name of Project] at [Work location and country].

2. This guarantee expires with our close of business on _, or any automatically extended expiration date. We hereby undertake to honor the beneficiary’s demand for payment of the guarantee amount at any time before the expiration date, or any automatically extended expiration date. Demand for payment can be made at [Issuing financial institution's office] at [Issuing financial institution's address].

3. It is a condition of this guarantee that it is deemed to be automatically extended without amendment for one year from the expiration date hereof, or any future expiration date, unless at least 60 days prior to any expiration date, we notify you, or any transferee, by registered mail, or other receipted means of delivery that we elect not to further renew this guarantee for any such additional period. At the time we notify you, we also agree to notify the account party by the same means of delivery.

4. This guarantee is transferable and assignable by the beneficiary. Transfer and assignments of proceeds are to be affected without charge to either the beneficiary, or the transferee/assignee. Such transfer or assignment shall be only at the written direction of the beneficiary in a form satisfactory to the guarantor. This guarantee is not transferable or assignable by the guarantor.

5. If this guarantee expires during an interruption of the business of the guarantor, the guarantor specifically agrees to effect payment in the event of demand therefore by the beneficiary, within 30 days after the resumption of business.

6. In the case of any dispute between or among the guarantor, the principal contractor, and/or the beneficiary arising out of the principal contract or this guarantee, the decision of which requires considerations of questions of law, the rights and obligations of the parties shall be interpreted and determined in accordance with the substantive laws of the United States before the appropriate forum located within the

United States.

7. Certification that the signatory hereto is an authorized representative of the guarantor is noted below or attested in a separate and attached Power of Attorney, drafted in

English, and properly notarized in accordance with local law. The Principal and

Guarantor Memorandum, signed by authorized representatives of the principal and guarantor, is at Enclosure 1.

Sincerely, [Name of guarantor’s representative]

[Name of Issuing Financial Institution/Guarantor]

CERTIFICATION

[Country/State/Province]

[Parish/County/City/Township]

I, the undersigned, do hereby affirm and verify that I am a duly commissioned, qualified, and authorized notary public in and for the [name of appropriate Political

Subdivision], and that [Name of guarantor’s representative], who is personally well known to me, appeared before me this day and executed the foregoing Bank Guarantee, as a duly authorized representative of the issuing financial institution, after the contents thereof had been read and duly explained to him/her, and acknowledged that the execution of said instrument on behalf of the issuing financial institution by him/her was his/her free and voluntary act and deed for the uses and purposes therein set forth.

IN WITNESS WHEREOF, I hereunto set my hand and affix my official seal this day of

________, 2026.

NOTARY PUBLIC

My Commission Expires:

(date)_______

Encl

1 – Guarantee Memorandum

MEMORANDUM FOR United States Army Corps of Engineers

SUBJECT: Bank Guarantee

In order to ensure consistency in our guarantee documents, we request that the contractor and guarantor review and respond to the following list of questions. The representative of each party should initial each answer in the left-hand margin, and sign and date the document. Thank you for your assistance.

1. What is the nature of the institution providing the guarantee, i.e., bank, insurance company, other?

2. Is the document presented as a guarantee of payment in case of default by the contractor?

3. Is it a payment on demand document?

4. Is the document irrevocable?

5. Is the right to payment unconditional?

6. How would the beneficiary exercise its right to payment?

7. What specific document(s) must be presented by the Government to effect payment, including any sight draft and other accompanying documents required by the guarantor?

8. For each document identified in Question 7, what must the document state in order to be considered conforming and to effect…