16b2-Am-0006-SF30_and_Specs.pdf

1. CONTRACT ID CODE PAGE OF PAGES

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 4

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

AM-0006 02 Jun 16

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

CECT – Contracting Division USACE, Honolulu District Bldg 252 (CECT-POH) Ft Shafter, HI 96858-5440

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State, and Zip Code) (x) 9A. AMENDMENT OF SOLICITATION NO.

W9128A-16-B-0002 X

9B. DATED (SEE ITEM 11)

02/26/2016

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

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 Offers [ X ] 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 __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 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.

(x) 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.)

FY14 MCA PN 059779 Echo Pier Restoration, U.S. Army Kwajalein Atoll (USAKA), Republic of the Marshall Islands

See Page 2 of 2 Pages

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

BY

(Signature of person authorized to sign) (Signature of Contracting Officer)

NSN 7540-01-152-8070

PREVIOUS EDITION UNUSABLE

30-105 STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Am-0006 Standard Form 30

RFP No. W9128A-16-B-0002 Page 2 of 4 Pages

Item No. 14 (Continued)

1. CHANGES TO SPECIFICATIONS. Attached hereto are revised, replaced, and additions to sections to the specifications. Revised pages replace like-numbered pages. The revision mark (Am-

0006) is shown on each revised page.

A. REVISED SECTIONS. The following changes were made to the solicitation and are indicated in bold:

Section 00 10 00, Bid Schedule, and Notes to Bid Schedule #1

Section 00 72 00, Clause 52.211-10, Commencement, Prosecution and Completion of Work (Apr 1984)

Section 01 57 20 – paragraph: 2.1

Section 01 90 00, Addendum 1

Section 02 61 13 – paragraphs: Part 1, 1.1, 1.1.1, 1.1.1.1

Section 02 81 00 – paragraph: 1.4.2

Section 03 20 00.00 10 – paragraph: 2.6.2

Section 08 60 45 – paragraph: 2.5

Section 09 97 13.27 – paragraph: 2.5.1

Section 23 05 93 – paragraph: 3.2

Section 31 00 00 – paragraph: 1.3.10, 1.3.12, 3.10.d

B. REPLACED PAGES. The following pages are to be replaced.

Section 01 90 00, Addendum 1, Figures 1a and 1b, LSA Site

Section 01 90 00, Addendum 1, Figure 2

Section 01 90 00, Addendum 1, Figure 5, Landfarm Location

C. REPLACED SECTIONS. The following section is to be replaced in its entirety.

Section 01 33 00, Submittal Register

D. ADDITIONS TO SECTIONS. The following are added to the solicitation:

Section 00 73 00, Appendix D, Response to Request for Informations #50 and #287 to 305.

2. CHANGES TO DRAWINGS.

A. REVISED DRAWINGS. The following revised drawings replaced like-numbered drawings and are issued herewith:

SHEET ID SHEET NO. MARK REVISION DATE

G-002 2 of 309 4 5/19/2016

G-005 5 of 309 4 5/23/2016

G-007 7 of 309 4 5/19/2016

G-008 8 of 309 4 5/19/2016

G-009 9 of 309 4 5/19/2016

G-010 10 of 309 4 5/19/2016

G-011 11 of 309 4 5/19/2016

G-012 12 of 309 4 5/19/2016

G-013 13 of 309 4 5/19/2016

CD103 35 of 309 4 5/23/2016

RFP No. W9128A-16-B-0002 Page 3 of 4 Pages

CD112 44 of 309 4 5/23/2016

CD113 45 of 309 4 5/23/2016

CD114 46 of 309 4 5/23/2016

CD115 47 of 309 4 5/23/2016

CD116 48 of 309 4 5/23/2016

CS503 83 of 309 4 5/23/2016

CS507 87 of 309 4 5/23/2016

CU101 90 of 309 4 5/23/2016

CU102 91 of 309 4 5/23/2016

CU103 92 of 309 4 5/23/2016

CU105 94 of 309 4 5/23/2016

CU106 95 of 309 4 5/23/2016

CU107 96 of 309 4 5/23/2016

CU301 97 of 309 4 5/23/2016

CU302 98 of 309 4 5/23/2016

CU303 99 of 309 4 5/23/2016

CU304 100 of 309 4 5/23/2016

CU305 101 of 309 4 5/23/2016

CU306 102 of 309 4 5/23/2016

CU307 103 of 309 4 5/23/2016

CU308 104 of 309 4 5/23/2016

CU309 105 of 309 4 5/23/2016

CU310 106 of 309 4 5/23/2016

CU311 107 of 309 4 5/23/2016

CU312 108 of 309 4 5/23/2016

CU313 109 of 309 4 5/23/2016

CU501 110 of 309 4 5/23/2016

CU502 111 of 309 4 6/01/2016

CU504 113 of 309 4 6/01/2016

CU505 114 of 309 4 5/23/2016

CU506 115 of 309 4 5/23/2016

CU507 116 of 309 4 6/01/2016

CU508 117 of 309 4 5/23/2016

CU509 118 of 309 4 5/23/2016

S-002 120 of 309 4 5/19/2016

S-301 136 of 309 4 5/19/2016

S-701 153 of 309 4 5/19/2016

S-702 154 of 309 4 5/19/2016

RFP No. W9128A-16-B-0002 Page 4 of 4 Pages

SD301 162 of 309 4 5/19/2016

A-603 199 of 309 4 5/26/2016

A-604 200 of 309 4 5/26/2016

E-503 253 of 309 4 5/23/2016

E-508 258 of 309 4 5/23/2016

3. The bid opening has changed. See SF 1442, Page 1, Block 13A.

(Am-0006)

FY14 MCA PN 059779 Echo Pier Restoration, U.S. Army Kwajalein Atoll (USAKA), Republic of the Marshall Islands

X

DAYNA MATSUMURA 808-835-4379

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

26-Feb-2016

(RFP)

(IFB)

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION

INFORMATION

A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance within _______ 7 calendar days and complete it within ________ ** calendar days after receiving award, X notice to proceed. This performance period is X mandatory, negotiable. (See _______________.) 52.211-10

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________ 1 copies to perform the work required are due at the place specified in Item 8 by ___________ local time ______________ 23 Jun 2016 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

due. B. An offer guarantee X is, is not not required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______ 90 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

CECT - CONTRACTING DIVISION

USACE, HONOLULU DISTRICT

DISTRICT

BLDG 252 (CECT-POH)

POH)

FT. SHAFTER HI 96858-5440

W9128A

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM

PM

(hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX: TEL: TEL: FAX:

W9128A-16-B-0002 72

** See Section 00 72 00, Clause 52.211-10

20B. SIGNATURE

(REV. 4-85) STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued)

(Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE 27. PAYMENT WILL BE MADE BY: 26. ADMINISTERED BY

(Include ZIP Code) 14. NAME AND ADDRESS OF OFFEROR

DUNS No. ____________________

Cage Code: ___________________ TIN: ___________________

15. TELEPHONE NO. (Include area code) code)

See Item 14

(Include only if different than Item 14) 16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your offer on this solicitation, is hereby accepted as to the items listed. This award con-con-to furnish and deliver all items or perform all work, requisitions identified summates the contract, which consists of (a) the Government solicitation and on this form and any continuation sheets for the consideration stated in this your offer, and (b) this contract award. No further contractual document is is contract. The rights and obligations of the parties to this contract shall be necessary.

governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by refer-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this 28. NEGOTIATED AGREEMENT

(Must be fully completed by offeror) OFFER

Section 00 10 00 - 1

Solicitation No. W9128A-16-B-0002

SECTION 00 10 00

FY2014 MCA PN 059779, ECHO PIER RESTORATION

U.S. ARMY KWAJALEIN ATOLL (USAKA),

REPUBLIC OF THE MARSHALL ISLANDS

ITEM

NO. DESCRIPTION QUANTITY UNIT AMOUNT

0001 Echo Pier 1 JOB $______________

BL A Station 10+50.76 (end of pier) to BL A station 6+48.52

0001A LSC SUPPORT SERVICES (See Special Contract Clause K-32) $______________

TOTAL BASE BID $______________

(Sum of Item No. 0001 & LSC Support Services)

OPTIONS:

Item

No.

Option

BL A

Begin

BL A

End

(a)

Bid Amt

(b)

LSC Amt

(a)+(b)=(c)

Option Price

0002 1 6+48.52 5+44.66 $ $ $

0003 2 5+44.66 4+64.66 $ $ $

0004 3 4+64.66 3+84.67 $ $ $

0005 4 3+84.67 3+12.33 $ $ $

0006 5 3+12.33 2+63.84 $ $ $

0007 6 2+63.84 1+70.00 $ $ $

0008 7 1+70.00 0+95.00 $ $ $

0009 8 0+95.00 0+00.00 $ $ $

0010 9 Pallet Storage Racks $ $ $

TOTAL OPTIONS 1 thru 9

(Item Nos. 0002 through 0009)

TOTAL BASE BID PLUS ALL

OPTIONS

THE FOLLOWING WILL BE COMPLETED BY THE CONTRACTING OFFICER UPON AWARD:

TOTAL AWARD AMOUNT (Total Base Bid plus Option Nos. _____________) $_________________

Section 00 10 00 - 2

NOTES TO BID SCHEDULE:

1. Available Military Construction funding is limited to $56,087,246 for Items 0001 through 0009.

2. Failure to provide a bid on each of the items in the Bid Schedule (Base Bid and all Options) may cause the bid to be considered unresponsive.

3. Evaluation of bids for award will be based on the TOTAL BASE BID PLUS ALL OPTIONS (column c), see FAR 52.217-5, Evaluation of Options. By submission of a bid under OPTIONS, Bidder agrees that the

Government may exercise any of Option Nos. 1 through 8 at time of award, or at any time within 270 calendar days following the date of the award of the basic contract.

4. Options 1 thru 8 (Items number 0002 thru 0009), if and when executed, will be executed in ascending numerical order, i.e. Option 1 will be the first option executed, followed by Option 2, then Option 3, etc. Option 9

(Item number 0010) may be executed independent of the other Options.

Section 00 10 00 - 3

PAYMENT(S)

Compensation for all work to be performed under this contract will be made under the payment items(s) listed herein. The principal features of the work to be included under the payment item(s) are noted. Work required by the drawings and specifications and not particularly mentioned shall be included in and be paid for under the contract price for the item to which the work pertains. Price(s) and payment(s) for the item(s) shall cover all work, complete and finished in accordance with the specifications, schedules, and drawings, and shall be full compensation for all work in connection therewith, including quality control and cost of performance-and payment-bond premiums as specified in the CONTRACT CLAUSES. Price(s) and payment(s) shall constitute full and final compensation for furnishing all materials, equipment, management, supervision, labor, transportation, fuel, power, water, and all incidental items necessary to complete the work, except as otherwise specified to be furnished by the Government.

For the purpose of CONTRACT CLAUSE entitled “PROMPT PAYMENT FOR CONSTRUCTION

CONTRACTS”, the term “designated billing office” and “designated payment office” are as follows:

a. Billing Office

U.S. Army Corps of Engineers, Honolulu District

ATTN: Kwajalein Resident Office, Bldg 1075

PSC 701

APO, AP 96555

b. Payment Office

USACE Finance Center

Attn: CEFC-FP

5722 Integrity Drive

Millington, TN 38054-5005

Item numbers mentioned herein after correspond to the item numbers in the BID SCHEDULE.

Item No. 0001 Echo Pier, will be paid for at the contract price, complete in place and ready for use, including mobilization and demobilization, demolition and reconstruction of the pier structure from BL A station 10+50.76 thru BL A station 6+48.52, Pier Warehouse, On-Shore Warehouse, all temporary and permanent utilities supporting the warehouses and the pier, environmental protection, settlement monitoring, testing, cleanup, and all incidentals necessary to complete the work.

Item Nos. 0002 thru 0009, Options 1 thru 8, will be paid for at the contract price, complete in place and ready for use, including demolition and pier reconstruction between the BL A stations indicated for each option, permanent below grade utilities, testing, cleanup, and all incidentals necessary to complete the work.

Item No. 0010 Pallet Storage Racks, Option 9, will be paid for at the contract price, complete in place and ready for use, including procurement, shipping and installation into both warehouses, cleanup, and all incidentals necessary to complete the work.

Section 00 10 00 - 4

FOR INFORMATION ONLY:

1. In the table below, provide a breakout of the price of each Part (a through d) of the Total Base Bid Price, Item

No. 0001, and the LSC SUPPORT SERVICES. Information provided in this table will not be used to evaluate bids for the purpose of award.

a. The estimated cost for Part A below should include all costs associated with all work on the pier, BL A

Station 6+48.52 to BL A Station 10+50.76, including mobilization, demobilization, demolition, and temporary and permanent utilities.

b. The estimated cost for Items B below should include the total in-place cost of the scope associated with

Modernizing Pier Building,, incorporating costs of all materials, installed equipment, labor – direct and indirect, associated with construction of the facility inside the facility 5’-0” line.

c. The estimated cost for Part C below should include the total in-place of the scope associated with New

On-Shore Building, incorporating costs of all materials, installed equipment, labor (direct and indirect), associated with the construction of the facility inside the 5’0” line.

d. The estimated cost for Part d below should include all costs associated with all work outside the facilities’ 5’-0” line up to the beginning of the pier (BL A Station 0+00), including site improvements, demolition and utilities.

Part of Item No. 0001 – Base Bid Price

A. Modernize Pier

B. Modernize Pier Building

C. New On-Shore Building

D. Supporting Facilities

TOTAL BASE BID PRICE

(Item No. 0001)

2. If contaminated soil is encountered during construction, the Contractor may be required to provide or perform some of the following items. To minimize delays associated with encountering contaminated soil during construction, Bidder shall provide a unit price for each of the following items. The unit price for each item should reflect the total cost (including direct costs, indirect costs, markups, etc.) for that specific item. If contaminated soil is encountered during construction, the Contractor shall promptly notify the Contracting Officer that such a condition has been encountered, describe the condition encountered, and provide a listing of which of the following items may be necessary. Upon notification of encountering contaminated soil, the Contracting Officer will promptly investigate the matter, and if necessary, may issue a Change Order directing the Contractor to proceed with any or all of the required items. Bidders are advised that the following unit prices will not be part of the contract, but are merely a starting point for initiating the change order process.

A. DESCRIPTION Unit Unit Price

1) Prepare Sampling and Analysis Plan Ea $_________

2) Prepare Site Safety and Health Plan Ea $_________

3) Perform Tests:

Section 00 10 00 - 5

a) Polynuclear Aromatic Hydrocarbons (PAHs) Ea $_________

b) Aromatic and Halogenated Volatile Organic

Compounds (including Methyl Ethyl Ketone) Ea $_________

c) Lead/Cadmium Ea $_________

d) Polychlorinated Biphenyls (PCBs) Ea $_________

e) TPH- Diesel/Oil Range Organics (Excavated area) Ea $_________

f) TPH-Gasoline Range Organics Ea $_________

g) TCLP (for hazardous waste characterization stockpile) Ea $_________

h) TPH- Diesel/Oil Range Organics (Stockpiles) Ea $_________

4) Handling of Contaminated Soil

a. Remove and Dispose Contaminated Soil CY $_________

b. Replace with New Soil CY $_________

B. PAYMENT

The Item numbers described below correspond to the item numbers above in Note 2A.

a. Item No. 1) Prepare Sampling Analysis Plan, will be paid for at the contract unit price, including all incidental items necessary to complete the work.

b. Item No. 2) Prepare Site Safety and Health Plan, will be paid for at the contract unit price, including all incidental items necessary to complete the work.

c. Item No. 3)a, 3)b, 3)c, 3)d, 3)e, 3)f, 3)g, and 3)h. Perform Tests, will be paid for at the contract unit price, including sampling, analyses, reports and all incidental items necessary to complete the work.

d. Item No.4a), Remove and Dispose Contaminated Soil:

(1) Measurement for payment will be to the nearest cubic yard of contaminated soil acceptably removed and disposed.

(2) Payment for contaminated soil acceptably removed and disposed will be made at the applicable contract unit price per cubic yard, including, cleanup, and all incidental items necessary to complete the work.

e. Item No.4b), Replace with New Soil:

(1) Measurement for payment will be to the nearest cubic yard of new soil placed.

(2) Payment for new soil placed will be made at the applicable contract unit price per cubic yard, including, cleanup, and all incidental items necessary to complete the work.

Section 00 72 00 - 1

Section 00 72 00 - General Conditions

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees MAY 2014

52.203-7 Anti-Kickback Procedures MAY 2014

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014

52.203-12 Limitation On Payments To Influence Certain Federal Transactions OCT 2010

52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform

Employees of Whistleblower Rights

APR 2014

52.204-2 Alt II Security Requirements (Aug 1996) - Alternate II APR 1984

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards OCT 2015

52.204-13 System for Award Management Maintenance JUL 2013

52.204-14 Service Contract Reporting Requirements JAN 2014

52.204-18 Commercial and Government Entity Code Maintenance JUL 2015

52.204-19 Incorporation by Reference of Representations and Certifications. DEC 2014

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors

Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters JUL 2013

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations NOV 2015

52.210-1 Market Research APR 2011

52.211-13 Time Extensions SEP 2000

52.211-15 Defense Priority And Allocation Requirements APR 2008

52.214-26 Audit and Records--Sealed Bidding OCT 2010

52.214-27 Price Reduction for Defective Certified Cost or Pricing Data - Modifications -

Sealed Bidding

AUG 2011

52.214-28 Subcontracting Certified Cost Or Pricing Data--Modifications--Sealed Bidding OCT 2010

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns OCT 2014

52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-26 Equal Opportunity APR 2015

52.222-27 Affirmative Action Compliance Requirements for Construction APR 2015

52.222-29 Notification Of Visa Denial APR 2015

52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-6 Drug-Free Workplace MAY 2001

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.227-1 Authorization and Consent DEC 2007

52.227-2 Notice And Assistance Regarding Patent And Copyright Infringement DEC 2007

52.227-4 Patent Indemnity-Construction Contracts DEC 2007

52.228-2 Additional Bond Security OCT 1997

52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014

52.228-5 Insurance - Work On A Government Installation JAN 1997

52.228-11 Pledges Of Assets JAN 2012

52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014

52.228-14 Irrevocable Letter of Credit NOV 2014

52.228-15 Performance and Payment Bonds--Construction OCT 2010

Section 00 72 00 - 2

52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013

52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014

52.232-17 Interest MAY 2014

52.232-27 Prompt Payment for Construction Contracts MAY 2014

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013

52.233-1 Alt I Disputes (May 2014) - Alternate I DEC 1991

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.236-2 Differing Site Conditions APR 1984

52.236-3 Site Investigation and Conditions Affecting the Work APR 1984

52.236-5 Material and Workmanship APR 1984

52.236-6 Superintendence by the Contractor APR 1984

52.236-7 Permits and Responsibilities NOV 1991

52.236-8 Other Contracts APR 1984

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984

52.236-11 Use and Possession Prior to Completion APR 1984

52.236-12 Cleaning Up APR 1984

52.236-13 Accident Prevention NOV 1991

52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997) - Alternate I APR 1984

52.236-26 Preconstruction Conference FEB 1995

52.242-13 Bankruptcy JUL 1995

52.242-14 Suspension of Work APR 1984

52.243-4 Changes JUN 2007

52.244-6 Subcontracts for Commercial Items DEC 2015

52.246-12 Inspection of Construction AUG 1996

52.246-21 Warranty of Construction MAR 1994

52.248-3 Value Engineering-Construction OCT 2015

52.249-2 Alt I Termination for Convenience of the Government (Fixed-Price) (Apr 2012) -

Alternate I

SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984

52.253-1 Computer Generated Forms JAN 1991

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-Contract-Related

Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7003 Agency Office of the Inspector General DEC 2012

252.204-7000 Disclosure Of Information AUG 2013

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7005 Oral Attestation of Security Responsibilities NOV 2001

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997

252.223-7001 Hazard Warning Labels DEC 1991

252.223-7004 Drug Free Work Force SEP 1988

252.225-7005 Identification Of Expenditures In The United States JUN 2005

252.225-7041 Correspondence in English JUN 1997

252.225-7993

(Dev)

Prohibition on Providing Funds to the Enemy (Deviation 2015-O0016) SEP 2015

252.227-7033 Rights in Shop Drawings APR 1966

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports JUN 2012

Section 00 72 00 - 3

252.232-7008 Assignment of Claims (Overseas) JUN 1997

252.232-7010 Levies on Contract Payments DEC 2006

252.236-7000 Modification Proposals-Price Breakdown DEC 1991

252.236-7001 Contract Drawings, and Specifications AUG 2000

252.236-7002 Obstruction of Navigable Waterways DEC 1991

252.236-7013 Requirement for Competition Opportunity for American Steel Producers, Fabricators, and Manufacturers

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.247-7023 Transportation of Supplies by Sea APR 2014

252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within seven (7) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use is seven hundred sixty-three (763) calendar days for the total base bid (Item No. 0001). The performance period for:

Option 1 – Item No. 0002 is ninety (90) calendar days;

Option 2 – Item No. 0003 is ninety (90) calendar days;

Option 3 – Item No. 0004 is seventy-five (75) calendar days;

Option 4 – Item No. 0005 is seventy-five (75) calendar days;

Option 5 – Item No. 0006 is seventy-five (75) calendar days;

Option 6 – Item No. 0007 is seventy-five (75) calendar days;

Option 7 – Item No. 0008 is seventy-five (75) calendar days;

Option 8 – Item No. 0009 is seventy-five (75) calendar days; and

Option 9 – Item No. 0010 is zero (0) calendar days.

The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $4,150.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

Section 00 72 00 - 4

52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015) ALTERNATE I (MAR 2015)

(a) Definitions. As used in this clause—

“Agent” means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the organization.

“Coercion” means—

(1) Threats of serious harm to or physical restraint against any person;

(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or

(3) The abuse or threatened abuse of the legal process.

“Commercial sex act” means any sex act on account of which anything of value is given to or received by any person.

“Commercially available off-the-shelf (COTS) item” means--

(1) 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.

“Debt bondage” means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

“Employee” means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.

“Forced labor” means knowingly providing or obtaining the labor or services of a person—

(1) By threats of serious harm to, or physical restraint against, that person or another person;

(2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or

(3) By means of the abuse or threatened abuse of law or the legal process.

“Involuntary servitude” includes a condition of servitude induced by means of—

Section 00 72 00 - 5

(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or

(2) The abuse or threatened abuse of the legal process.

“Severe forms of trafficking in persons” means—

(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or

(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

“Sex trafficking” means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

“Subcontract” means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

“Subcontractor” means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.

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

(b) Policy. The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking-related activities of this clause. Contractors, contractor employees, and their agents shall not—

(1) Engage in severe forms of trafficking in persons during the period of performance of the contract;

(2) Procure commercial sex acts during the period of performance of the contract;

(3) Use forced labor in the performance of the contract;

(4) Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee's identity or immigration documents, such as passports or drivers' licenses, regardless of issuing authority;

(5)(i) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a format and language accessible to the worker, basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant cost to be charged to the employee, and, if applicable, the hazardous nature of the work;

(ii) Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place;

(6) Charge employees recruitment fees;

(7)(i) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment--

Section 00 72 00 - 6

(A) For an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract (for portions of contracts performed outside the United States); or

(B) For an employee who is not a United States national and who was brought into the United States for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee (for portions of contracts performed inside the United States); except that--

(ii) The requirements of paragraphs (b)(7)(i) of this clause shall not apply to an employee who is--

(A) Legally permitted to remain in the country of employment and who chooses to do so; or

(B) Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or pay for the cost of return transportation;

(iii) The requirements of paragraph (b)(7)(i) of this clause are modified for a victim of trafficking in persons who is seeking victim services or legal redress in the country of employment, or for a witness in an enforcement action related to trafficking in persons. The contractor shall provide the return transportation or pay the cost of return transportation in a way that does not obstruct the victim services, legal redress, or witness activity. For example, the contractor shall not only offer return transportation to a witness at a time when the witness is still needed to testify.

This paragraph does not apply when the exemptions at paragraph (b)(7)(ii) of this clause apply.

(8) Provide or arrange housing that fails to meet the host country housing and safety standards; or

(9) If required by law or contract, fail to provide an employment contract, recruitment agreement, or other required work document in writing. Such written work document shall be in a language the employee understands. If the employee must relocate to perform the work, the work document shall be provided to the employee at least five days prior to the employee relocating. The employee's work document shall include, but is not limited to, details about work description, wages, prohibition on charging recruitment fees, work location(s), living accommodations and associated costs, time off, roundtrip transportation arrangements, grievance process, and the content of applicable laws and regulations that prohibit trafficking in persons.

(c) Contractor requirements. The Contractor shall—

(1) Notify its employees of—

(i) (A) The United States Government's policy prohibiting trafficking in persons described in paragraph (b) of this clause; and

(B) The following directive(s) or notice(s) applicable to employees performing work at the contract place(s) of performance as indicated below:

Document Title Document may be obtained from: Applies to performance in/at:

Trafficking in Persons

Report http://www.state.gov/documents/organization/226847.pdf (Republic of) Marshall

Islands

Section 00 72 00 - 7

(ii) The actions that will be taken against employees or agents for violations of this policy. Such actions for employees may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment; and

(2) Take appropriate action, up to and including termination, against employees, agents, or subcontractors that violate the policy in paragraph (b) of this clause.

(d) Notification. (1) The Contractor shall inform the Contracting Officer and the agency Inspector General immediately of—

(i) Any credible information it receives from any source (including host country law enforcement) that alleges a

Contractor employee, subcontractor, subcontractor employee, or their agent has engaged in conduct that violates the policy in paragraph (b) of this clause (see also 18 U.S.C. 1351, Fraud in Foreign Labor Contracting, and 52.203-

13(b)(3)(i)(A), if that clause is included in the solicitation or contract, which requires disclosure to the agency Office of the Inspector General when the Contractor has credible evidence of fraud); and

(ii) Any actions taken against a Contractor employee, subcontractor, subcontractor employee, or their agent pursuant to this clause.

(2) If the allegation may be associated with more than one contract, the Contractor shall inform the contracting officer for the contract with the highest dollar value.

(e) Remedies. In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (c), (d), (g), (h), or (i) of this clause may result in—

(1) Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract;

(2) Requiring the Contractor to terminate a subcontract;

(3) Suspension of contract payments until the Contractor has taken appropriate remedial action;

(4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non-compliance;

(5) Declining to exercise available options under the contract;

(6) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or

(7) Suspension or debarment.

(f) Mitigating and aggravating factors. When determining remedies, the Contracting Officer may consider the following:

(1) Mitigating factors. The Contractor had a Trafficking in Persons compliance plan or an awareness program at the time of the violation, was in compliance with the plan, and has taken appropriate remedial actions for the violation, that may include reparation to victims for such violations.

(2) Aggravating factors. The Contractor failed to abate an alleged violation or enforce the requirements of a compliance plan, when directed by the Contracting Officer to do so.

(g) Full cooperation.

Section 00 72 00 - 8

(1) The Contractor shall, at a minimum—

(i) Disclose to the agency Inspector General information sufficient to identify the nature and extent of an offense and the individuals responsible for the conduct;

(ii) Provide timely and complete responses to Government auditors' and investigators' requests for documents;

(iii) Cooperate fully in providing reasonable access to its facilities and staff (both inside and outside the U.S.) to allow contracting agencies and other responsible Federal agencies to conduct audits, investigations, or other actions to ascertain compliance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. chapter 78), E.O. 13627, or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor; and

(iv) Protect all employees suspected of being victims of or witnesses to prohibited activities, prior to returning to the country from which the employee was recruited, and shall not prevent or hinder the ability of these employees from cooperating fully with Government authorities.

(2) The requirement for full cooperation does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not—

(i) Require the Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine;

(ii) Require any officer, director, owner, employee, or agent of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; or

(iii) Restrict the Contractor from—

(A) Conducting an internal investigation; or

(B) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

(h) Compliance plan.

(1) This paragraph (h) applies to any portion of the contract that—

(i) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United States; and

(ii) Has an estimated value that exceeds $500,000.

(2) The Contractor shall maintain a compliance plan during the performance of the contract that is appropriate—

(i) To the size and complexity of the contract; and

(ii) To the nature and scope of the activities to be performed for the Government, including the number of non-

United States citizens expected to be employed and the risk that the contract or subcontract will involve services or supplies susceptible to trafficking in persons.

(3) Minimum requirements. The compliance plan must include, at a minimum, the following:

Section 00 72 00 - 9

(i) An awareness program to inform contractor employees about the Government's policy prohibiting trafficking-related activities described in paragraph (b) of this clause, the activities prohibited, and the actions that will be taken against the employee for violations. Additional information about Trafficking in Persons and examples of awareness programs can be found at the Web site for the Department of State's Office to Monitor and Combat Trafficking in

Persons at http://www.state.gov/j/tip/.

(ii) A process for employees to report, without fear of retaliation, activity inconsistent with the policy prohibiting trafficking in persons, including a means to make available to all employees the hotline phone number of the Global

Human Trafficking Hotline at 1-844-888-FREE and its email address at help@befree.org.

(iii) A recruitment and wage plan that only permits the use of recruitment companies with trained employees, prohibits charging recruitment fees to the employee, and ensures that wages meet applicable host-country legal requirements or explains any variance.

(iv) A housing plan, if the Contractor or subcontractor intends to provide or arrange housing, that ensures that the housing meets host-country housing and safety standards.

(v) Procedures to prevent agents and subcontractors at any tier and at any dollar value from engaging in trafficking in persons (including activities in paragraph (b) of this clause) and to monitor, detect, and terminate any agents, subcontracts, or subcontractor employees that have engaged in such activities.

(4) Posting.

(i) The Contractor shall post the relevant contents of the compliance plan, no later than the initiation of contract performance, at the workplace (unless the work is to be performed in the field or not in a fixed location) and on the

Contractor's Web site (if one is maintained). If posting at the workplace or on the Web site is impracticable, the

Contractor shall provide the relevant contents of the compliance plan to each worker in writing.

(ii) The Contractor shall provide the compliance plan to the Contracting Officer upon request.

(5) Certification. Annually after receiving an award, the Contractor shall submit a certification to the Contracting

Officer that—

(i) It has implemented a compliance plan to prevent any prohibited activities identified at paragraph (b) of this clause and to monitor, detect, and terminate any agent, subcontract or subcontractor employee engaging in prohibited activities; and

(ii) After having conducted due diligence, either—

(A) To the best of the Contractor's knowledge and belief, neither it nor any of its agents, subcontractors, or their agents is engaged in any such activities; or

(B) If abuses relating to any of the prohibited activities identified in paragraph (b) of this clause have been found, the

Contractor or subcontractor has taken the appropriate remedial and referral actions.

(i) Subcontracts.

(1) The Contractor shall include the substance of this clause, including this paragraph (i), in all subcontracts and in all contracts with agents. The requirements in paragraph (h) of this clause apply only to any portion of the subcontract that— http://www.state.gov/j/tip/ mailto:help@befree.org

Section 00 72 00 - 10

(A) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United States; and

(B) Has an estimated value that exceeds $500,000.

(2) If any subcontractor is required by this clause to submit a certification, the Contractor shall require submission prior to the award of the subcontract and annually thereafter. The certification shall cover the items in paragraph

(h)(5) of this clause.

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)

(a) "Hazardous material", as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety

Data Sheet submitted under this contract.

Material Identification No.

(If none, insert "None")

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety

Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with

Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items.

Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:

Section 00 72 00 - 11

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to--

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least twenty (20) percent of the total amount of work to be performed under the contract.