W9127N-16-R-0005_Amend_0002.pdf

US ARMY CORPS OF ENGINEERS

MICHAEL GRASSO

PORTLAND OR 97204

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

NAME OF PROJECT: Fall Creek Dam and Reservoir Adult Fish Facility Upgrade

SEE CONTINUATION PAGE

1. CONTRACT ID CODE PAGE OF PAGES

J 1 13

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

16C. DATE SIGNED

BY 14-Apr-2016

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 W9127N-16-R-0005

X 9B. DATED (SEE ITEM 11)

10-Mar-2016

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 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

14-Apr-2016

CODE

US ARMY CORPS OF ENGINEERS

333 SW FIRST AVE

PORTLAND OR 97204-3495

W9127N 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE W9127N

FACILITY CODECODE

EMAIL:TEL:

W9127N-16-R-0005

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00100 - BIDDING SCHEDULE / INSTRUCTIONS TO BIDDERS

The following have been added by full text:

AMENDMENT NO. 0002

Amendment No. 0002 Makes the following changes to Solicitation No. W9127N-16-R-0005:

1. Revised SPEC Section 01 22 00.00 25 as follows:

Paragraph 1.5.10, Post-Sort Structure, CLIN 0010 has been updated. CLIN 0010 will no longer include sheets SF512, SF514 through SF518, and SF700 in this line item. CLIN 0010 will include all work described on the SH series of the structural drawings.

Paragraph 1.5.11, Headbox Dewatering Flume, CLIN 0011 has been updated. CLIN 011 will no longer be base off work described on the SJ series of the structural drawings. The Intent of CLIN 0011 is to include all work described on SF512, SF514 through SF518, and SF700.

2. Attached inspection videos of pipelines to receive SIPP work. These videos are for reference only.

3. Added required sustainability clauses and updated revised clauses.

4. All other terms and conditions remain unchanged.

(End of Summary of Changes)

SECTION 00600 - REPRESENTATIONS & CERTIFICATIONS

The following have been added by reference:

52.223-1 Biobased Product Certification MAY 2012

The following have been modified:

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APR 2016)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is $36.5M..

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.209-11, Representation by Corporations Regarding elinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(viii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(ix) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(x) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xi) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xvi) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xvii) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xviii) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

(xix) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225- 5.

(xx) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxi) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxii) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

The following included by full text have been revised:

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.;

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

252.209-7991 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW—FISCAL YEAR 2016

APPROPRIATIONS (DEVIATION 2016-O0002) (OCT 2015)

(a) In accordance with section 101(a) of the Continuing Appropriations Act, 2016 (Pub. L. 114-53) and any subsequent FY 2016 appropriations act that extends to FY 2016 funds the same restrictions as are contained in sections 744 and 745 of division E, title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by this or any other Act may be used to enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ___ ] is not [ ___ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,

(2) It is [ ___ ] is not [ ___ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

SECTION 00700 - CONTRACT CLAUSES

The following have been added by reference:

52.223-9 Estimate of Percentage of Recovered Material Content for

EPA-Designated Items

MAY 2008

52.223-10 Waste Reduction Program MAY 2011

The following have been modified:

52.203-14 DISPLAY OF HOTLINE POSTER(S) (OCT 2015)

(a) Definition.

United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)--

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites--

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

(3) Any required posters may be obtained as follows:

Poster(s) Obtain from http://www.dodig.mil/hotline/posters.cfm

(Contracting Officer shall insert—

(i) Appropriate agency name(s) and/or title of applicable Department of Homeland Security fraud hotline poster);

and

(ii) The website(s) or other contact information for obtaining the poster(s).)

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed $5.5 million , except when the subcontract--

(1) Is for the acquisition of a commercial item; or

(2) Is performed entirely outside the United States.

(End of clause)

The following included by reference have been revised:

252.219-7003 Small Business Subcontracting Plan (DOD Contracts) OCT 2014

The following included by full text have been revised:

52.225-11 BUY AMERICAN--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (FEB 2016)

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

Caribbean Basin country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4)such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan or United Kingdom);

(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St.

Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

Designated country construction material means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.

Domestic construction material means--

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if--

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

Foreign construction material means a construction material other than a domestic construction material.

Least developed country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

“Free Trade Agreement country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.

“Least developed country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

United States means the 50 States, the District of Columbia, and outlying areas.

WTO GPA country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American restrictions are waived for designated country construction materials.

(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

[Contracting Officer to list applicable excepted materials or indicate ``none'']

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that--

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the restrictions of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars) \1\ Item 1:

Foreign construction material Domestic construction material Item 2:

Foreign construction material Domestic construction material \1\ Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

(End of clause)

(End of Summary of Changes)

Fall Creek Adult Fish Facility Collection Upgrade

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 22 00.00 25

MEASUREMENT AND PAYMENT

PART 1 GENERAL

1.1 GENERAL INFORMATION

1.2 SUBMITTALS

1.3 UNIT PRICE PAYMENT ITEMS

1.4 JOB PAYMENT ITEMS

1.5 MEASUREMENT AND PAYMENT

1.5.1 Design of Contractor Designed Features, CLIN 0001

1.5.2 Mobilization and Demobilization, CLIN 0002

1.5.3 Civil, CLIN 0003

1.5.4 Common Excavation, CLIN 0004

1.5.4.1 First 10,000 Cubic Yards, CLIN 0004AA

1.5.4.2 Over 10,000 Cubic Yards, CLIN 0004AB

1.5.5 Rock Excavation, CLIN 0005

1.5.5.1 First 3,000 Cubic Yards, CLIN 0005AA

1.5.5.2 Over 3,000 Cubic Yards, CLIN 0005AB

1.5.6 Existing Upstream Migrant Facility Modifications, CLIN 0006

1.5.7 Upper Fish Ladder, CLIN 0007

1.5.8 Pre-Sort Pool and Facility Water Supply Structure, CLIN 0008

1.5.9 Sorting Structure, CLIN 0009

1.5.10 Post-Sort Structure, CLIN 0010

1.5.11 Headbox Dewatering Flume, CLIN 0011

1.5.12 Juvenile Bypass Transport Pipe Helix Support Tower, CLIN 0012

1.5.13 Facility Access Walkways, CLIN 0013

1.5.14 Fish Facility Water Supply Isolation Valve Structure, CLIN 0014

1.5.15 Return Water Pipe Thrust Block and Supports, CLIN 0015

1.5.16 Architectural Features, CLIN 0016

1.5.17 Mechanical Demolition, CLIN 0017

1.5.18 Mechancial Feature in Existing Facility, CLIN 0018

1.5.19 Pre-Sort Pool Features, CLIN 0019

1.5.20 Sorting Structure Features, CLIN 0020

1.5.21 Post-Sort Features, CLIN 0021

1.5.22 Fish Return Piping Features, CLIN 0022

1.5.23 Facility Water Supply, CLIN 0023

1.5.24 Compressed Air System, CLIN 0024

1.5.25 Electrical and Controls, CLIN 0025

1.5.26 Commissioning Support, CLIN 0026

1.5.27 Pipe Lining, CLIN 0027

1.5.28 Operations Storage Area, CLIN 0028

PART 2 PRODUCTS - NOT USED

PART 3 EXECUTION - NOT USED

SECTION 01 22 00.00 25 Page 1

SECTION 01 22 00.00 25

MEASUREMENT AND PAYMENT

PART 1 GENERAL

1.1 GENERAL INFORMATION

a. In each instance, the Contract price for an item will constitute full compensation as herein specified, as shown, or as otherwise approved. The Contract price and payment will also constitute full compensation for all work incidental to completion of the item, unless such work is otherwise specifically mentioned for separate payment under another line item. In the event any work is required by the specifications Sections or by the Drawings and not specifically mentioned in the measurement and payment paragraphs, separate or direct payment will not be made and all costs thereof are incidental to the work and included in the Contract prices and payments for all Contract Line Item Numbers (CLIN) listed in the price schedule. Payment for work activities involving lead based paint will be incidental to the related CLIN.

b. As stated in Section 00700 Contract Clause 52.236-21, SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION, the word "provided" shall be understood to mean "furnished and installed" when used in this Section or elsewhere in the Specification Sections.

1.2 SUBMITTALS

Government approval is required for submittals with a "G" designation;

submittals not having a "G" designation are for information only. Submit the following in accordance with Section 01 33 00, SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Schedule of Mobilization and Demobilization Costs; G

1.3 UNIT PRICE PAYMENT ITEMS

Payment items for the work of this Contract on which the Contract unit price payments will be made are listed in Section 00010, PRICE SCHEDULE, and described below. The unit price and payment made for each item listed will constitute full compensation for furnishing all plant, labor, materials, and equipment; performing all associated Contractor quality control, environmental protection, commissioning, preparation of working as-built drawing redlines, O&M manuals, tests and reports, meeting safety requirements; and for performing all work required for each of the unit price items.

1.4 JOB PAYMENT ITEMS

Payment items for the work of this Contract for which Contract job payments will be made are listed in Section 00010, PRICE SCHEDULE, and described below. All costs for items of work, which are not specifically mentioned to be included in a particular job item, shall be included in the listed job item most closely associated with the work involved. The job price and

SECTION 01 22 00.00 25 Page 3 payment made for each item listed will constitute full compensation for furnishing all plant, labor, materials, and equipment; performing all associated Contractor quality control, environmental protection, commissioning, preparation of working as-built drawing redlines, O&M manuals, tests and reports, meeting safety requirements; and for performing all work required for which separate payment is not otherwise provided. A schedule of values for job items shall be provided with each payment request.

MANDATORY ITEMS

1.5 MEASUREMENT AND PAYMENT

1.5.1 Design of Contractor Designed Features, CLIN 0001

a. Measurement: Measurement will be made as a Job item for providing all labor, and incidentals associated with the design of Contractor designed features. Items that are Contractor designed include, but not limited to, stairs, walkways, platforms, and cofferdams, as indicated in the drawings and specifications. Design deliverables shall include drawings, specifications, and design analysis.

b. Payment: Payment will be made in the Contract amount under Contract Line Item Number (CLIN 0001), "Design of Contractor Designed Features."

1.5.2 Mobilization and Demobilization, CLIN 0002

a. Measurement: Measurement will be made as a job for mobilizing and demobilizing all plant, equipment, fuel, supplies, materials, and personnel to and from the job site. This CLIN applies to the Prime Contractor and all subcontractor mobilization and demobilization.

b. Payment: Payment will be made at the Contract amount under CLIN 0001 at a rate of 60 percent for mobilization and 40 percent for demobilization as defined in Contract Clause 252.236-7004, PAYMENT FOR MOBILIZATION AND DEMOBILIZATION (Dec 1991). Submit a schedule of mobilization and demobilization costs prior to submitting the first request for payment.

1.5.3 Civil, CLIN 0003

a. Measurement: Measurement will be made as a job providing all labor, plant, equipment, materials, and incidentals required for clearing and grubbing; erosion control measures; fine grading and seeding completed areas; demolition; backfill for footings and concrete structures; placement of riprap; roadway work including subgrade preparation, construction of base and leveling course, gravel surfacing; security gate, fencing and project entrance gate; and drainage work. The intent of this CLIN is to include all work described on the civil drawings.

b. Payment: Payment will be made in the Contract amount under CLIN 0003, "Civil."

1.5.4 Common Excavation, CLIN 0004

1.5.4.1 First 10,000 Cubic Yards, CLIN 0004AA

a. Measurement: The total quantity of excavated material for which

SECTION 01 22 00.00 25 Page 4 payment will be made will be the theoretical quantity between the pre-excavation ground surface as determined by a pre-excavation survey and the post-excavation ground surface as determined by a post excavation survey. Computation of volume shall be made by average-end-area cross-section methods. Unit price shall include providing all labor, plant, equipment, materials, dewatering, and incidentals required for common excavation and shall include all excavating, loading, hauling, and disposing of the materials at the designated disposal site shown on the drawings.

b. Payment: Payment will be made at the Contract amount under CLIN

0004AA.

1.5.4.2 Over 10,000 Cubic Yards, CLIN 0004AB

a. Measurement: The total quantity of excavated material for which payment will be made will be the theoretical quantity between the pre-excavation ground surface as determined by a pre-excavation survey and the post excavation ground surface as determined by a post excavation survey. Computation of volume shall be made by average-end-area cross-section methods. Unit price shall include providing all labor, plant, equipment, materials, dewatering, and incidentals required for common excavation and shall include all excavating, loading, hauling, and disposing of the materials at the designated disposal site shown on the drawings.

b. Payment: Payment will be made at the Contract amount under CLIN

0004AB.

1.5.5 Rock Excavation, CLIN 0005

1.5.5.1 First 3,000 Cubic Yards, CLIN 0005AA

a. Measurement: The total quantity of excavated material for which payment will be made will be the theoretical quantity between the pre-excavation ground surface as determined by a pre-excavation survey and the post excavation ground surface as determined by a post excavation survey. Computation of volume shall be made by average-end-area cross-section methods. Unit price shall include providing all labor, plant, equipment, materials, dewatering, and incidentals required for common excavation and shall include all excavating, loading, hauling, and disposing of the materials at the designated disposal site shown on the drawings.

b. Payment: Payment will be made at the Contract amount under CLIN

0005AA.

1.5.5.2 Over 3,000 Cubic Yards, CLIN 0005AB

a. Measurement: The total quantity of excavated material for which payment will be made will be the theoretical quantity between the pre-excavation ground surface as determined by a pre-excavation survey and the post excavation ground surface as determined by a post excavation survey. Computation of volume shall be made by average-end-area cross-section methods. Unit price shall include providing all labor, plant, equipment, materials, dewatering, and incidentals required for common excavation and shall include all excavating, loading, hauling, and disposing of the materials at the designated disposal site shown on the drawings.

SECTION 01 22 00.00 25 Page 5

b. Payment: Payment will be made at the Contract amount under CLIN

0005AB.

1.5.6 Existing Upstream Migrant Facility Modifications, CLIN 0006

a. Measurement: Measurement will be made as a job for providing all labor, equipment, materials, parts, and incidentals to complete modifications to the existing facility as shown in the drawings. The intent of this CLIN is to include all work described on the SC and SD series of the structural drawings.

b. Payment: Payment will be made at the Contract amount under CLIN 0002.

1.5.7 Upper Fish Ladder, CLIN 0007

a. Measurement: Measurement will be made as a job for providing all labor, equipment, materials, parts, and incidentals to construct the upper fish ladder. The intent of this CLIN is to include all work described on the SE series of the structural drawings.

b. Payment: Payment will be made at the Contract amount under CLIN 0007.

1.5.8 Pre-Sort Pool and Facility Water Supply Structure, CLIN 0008

a. Measurement: Measurement will be made as a job for providing all labor, equipment, materials, parts, and incidentals to construct the pre-sort pool and facility water supply structure. The intent of this CLIN is to include all work described on the SF series of the structural drawings, except work described on SF512, SF514 through SF518, and SF700.

b. Payment: Payment will be made at the Contract amount under CLIN 0008.

1.5.9 Sorting Structure, CLIN 0009

a. Measurement: Measurement will be made as a job for providing all labor, equipment, materials, parts, and incidentals to construct the sorting structure. The intent of this CLIN is to include all work described on the SG series of the structural drawings.

b. Payment: Payment will be made at the Contract amount under CLIN 0009.

1.5.10 Post-Sort Structure, CLIN 0010

a. Measurement: Measurement will be made as a job for providing all labor, equipment, materials, parts, and incidentals to construct the post-sort structure. The intent of this CLIN is to include all work described on the SH series of the structural drawings.

b. Payment: Payment will be made at the Contract amount under CLIN 0010.

SECTION 01 22 00.00 25 Page 6

1.5.11 Headbox Dewatering Flume, CLIN 0011

a. Measurement: Measurement will be made as a job for providing all labor, equipment, materials, parts, and incidentals to construct the headbox dewatering flume. The intent of this CLIN is to include all work described on SF512, SF514 through SF518, and SF700 of the structural drawings.

b. Payment: Payment will be made at the Contract amount under CLIN 0011.

1.5.12 Juvenile Bypass Transport Pipe Helix Support Tower, CLIN 0012

a. Measurement: Measurement will be made as a job for providing all labor, equipment, materials, parts, and incidentals to construct the juvenile bypass transport pipe helix support tower. The intent of this CLIN is to include all work described on the SK series of the structural drawings.

b. Payment: Payment will be made at the Contract amount under CLIN 0012.

1.5.13 Facility Access Walkways, CLIN 0013

a. Measurement: Measurement will be made as a job for providing all labor, equipment, materials, parts, and incidentals to construct access walkways and stairs. The intent of this CLIN is to include all work described on the SL series of the structural drawings.

b. Payment: Payment will be made at the Contract amount under CLIN 0013.

1.5.14 Fish Facility Water Supply Isolation Valve Structure, CLIN 0014

a. Measurement: Measurement will be made as a job for providing all labor, equipment, materials, parts, and incidentals to construct the fish facility water supply isolation valve structure. The intent of this CLIN is to include all work described on the SP series of the structural drawings.

b. Payment: Payment will be made at the Contract amount under CLIN 0014.

1.5.15 Return Water Pipe Thrust Block and Supports, CLIN 0015

a. Measurement: Measurement will be made as a job for providing all labor, equipment, materials, parts, and incidentals to construct the return water pipe thrust block and supports. The intent of this CLIN is to include all work described on the ST series of the structural drawings.

b. Payment: Payment will be made at the Contract amount under CLIN 0015.

1.5.16 Architectural Features, CLIN 0016

a. Measurement: Measurement will be made as a job for providing all labor, equipment, materials, parts, and incidentals to construct the architectural features. The intent of this CLIN is to include all work

SECTION 01 22 00.00 25 Page 7 described on the architectural drawings.

b. Payment: Payment will be made at the Contract amount under CLIN 0016.

1.5.17 Mechanical Demolition, CLIN 0017

a. Measurement: Measurement will be made as a job for providing all labor, equipment, materials, parts, and incidentals to complete mechanical demolition. The intent of this CLIN is to include all work described on the MD series of the mechanical drawings.

b. Payment: Payment will be made at the Contract amount under CLIN 0017.

1.5.18 Mechancial Feature in Existing Facility, CLIN 0018

a. Measurement: Measurement will be made as a job for providing all labor, equipment, materials, parts, and incidentals to construct the mechanical features in the existing facility. The intent of this CLIN is to include all work described on the ME series of the mechanical drawings.

b. Payment: Payment will be made at the Contract amount under CLIN 0018.

1.5.19 Pre-Sort Pool Features, CLIN 0019

a.…