Am-0008_16b0002.pdf

1. CONTRACT ID CODE PAGE OF PAGES

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 2

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

AM-0008 16 JUNE 2016

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 [ ] is extended, [ X ] 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-0008 Standard Form 30 RFP No. W9128A-16-B-0002 Page 2 of 2 Pages Item No. 14 (Continued)

1. CHANGES TO SPECIFICATIONS. Attached hereto are revised section to the specifications.

Revised pages replace like-numbered pages. The revision mark (Am-0008) is shown on each revised page.

REVISED SECTIONS. The following changes were made to the section and are indicated by strikethrough and in bold:

Section 00 73 00, K-10, Restrictions on Local Hire Section 00 73 00, K-30, Messing Facilities Section 00 73 00, K-32, Rates for Various Products and Services

2. The bid opening date remains unchanged.

00 73 00 - 1 (Am-0008)

Section 00 73 00 - Supplementary Conditions

CLAUSES INCORPORATED BY FULL TEXT

52.231-5000 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (MAR 1995)—EFARS

(a) This clause does not apply to terminations. See 52.249-5000, Basis for Settlement of Proposals and FAR Part 49.

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

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

Rates for equipment rented from an organization under common control, lease-purchase arrangements, and sale-leaseback arrangements, will be determined using the schedule, except that actual rates will be used for equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees.

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

(End of clause)

52.249-5000 BASIS FOR SETTLEMENT OF PROPOSALS

Actual costs will be used to determine equipment costs for a settlement proposal submitted on the total cost basis under FAR 49.206-2(b). In evaluating a terminations settlement proposal using the total cost basis, the following principles will be applied to determine allowable equipment costs:

(1) Actual costs for each piece of equipment, or groups of similar serial or series equipment, need not be available in the contractor's accounting records to determine total actual equipment costs.

(2) If equipment costs have been allocated to a contract using predetermined rates, those charges will be adjusted to actual costs.

(3) Recorded job costs adjusted for unallowable expenses will be used to determine equipment operating expenses.

(4) Ownership costs (depreciation) will be determined using the contractor's depreciation schedule (subject to the provisions of FAR 31.205-11).

(5) License, taxes, storage and insurance costs are normally recovered as an indirect expense and unless the contractor charges these costs directly to contracts, they will be recovered through the indirect expense rate.

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(End of clause)

K-10 RESTRICTIONS ON LOCAL HIRE

(a) Local hire is limited to Marshallese and to citizens or legal alien residents of the United States, and shall be subject to the written approval of the Commander of USAKA. Where local hire is required, priority for hiring shall be given to Marshallese. However, the contractor is advised that there may be limited numbers of skilled Marshallese available for hire for this Contract.

(b) The Contractor is advised that consistent with Sections 321 and 323 of Title Three, Article II of the Compact of Free Association Act of 1985, PL 99-239, the United States has entered into two agreements with the Government of the Republic of the Marshall Islands, concerning United States use and operation of the USAKA. These implementing agreements are: (1) the Military Use and Operating Rights Agreement (MUORA) and (2) the Status of Forces Agreement (SOFA). The Contractor must ensure that its performance under this contract is in compliance with all applicable provisions of the Compact of Free Association and its implementing agreements.

(c) The Contractor is advised that there may be policies and procedures, applicable to the hiring and housing of Marshallese, which are promulgated and enforced by the local civilian government. It is the responsibility of the Contractor to comply with such policies and procedures. All requests for written approval of the Commander of USAKA for the local hire of Marshallese shall be accompanied by evidence of appropriate work permits issued by the Kwajalein Atoll Local Government and any other applicable permits necessary under local policies and procedures and the Government of the Marshall Islands policies and procedures.

(d) Persons who are not United States citizens or legal alien residents of the United States will not be permitted to reside on any United States defense site in the Kwajalein Atoll without written permission from the Commander of USAG-KA.KA, but will be permitted to take meals at the Pacific Dining Room, the Kwajalein Snack Bar, and other USAKA facilities on a per-meal cash basis.

[End of Statement]

K-11 MOVEMENT OF CARGO VIA CONTRACTOR-CHARTERED COMMERCIAL VESSELS

(a) With respect to Contractor cargo to be moved by the Contractor to Kwajalein on a commercial vessel from any port, the Contractor shall submit to the Contracting Officer at least twenty (20) days prior to arrival of such vessel at Kwajalein, a written report giving type cargo, long tons, measurement tons, port of loading, expected date of arrival of vessel and estimated time of arrival. The Contractor shall arrange to have Masters of vessels make periodic reports en route informing the port of destination of any change of hour and date of arrival at Kwajalein.

(b) Due to limited berthing facilities at the main cargo pier at Kwajalein, the Contractor shall be responsible for checking the Military Sealift Command (MSC) Schedule and shall coordinate commercial vessel shipments so that there will be no conflict in MSC and Commercial vessel arrival and use of the cargo pier facilities.

K-12 COMMUNICATION FACILITIES (JAN 2016)

(a) Arrangements may be made through the Contracting Officer or his authorized representative for the installation of a limited number of telephones at the project site office and Life Support Area. There will be an installation

00 73 00 - 3 charge and monthly service charge for each telephone instrument, based on prevailing rates, and the Contractor shall make payment for such services in a manner as determined and approved by the Contracting Officer.

(b) Approved communication facilities for safety purposes will be provided by the Contractor with work parties at isolated locations.

K-13 ON-LOADING AND OFF-LOADING OF CARGO FROM SURFACE VESSELS OR AIRCRAFT;

TRANSPORTATION TO JOBSITE

(a) The Contractor shall be responsible for all costs associated with on-loading and/or off-loading of construction or contract related material and equipment at Kwajalein involving vessels or aircraft. The Contractor shall be responsible for all movement and handling of material from dockside, aircraft or the USAKA staging area at Kwajalein to the construction storage areas at the jobsite, including all associated costs.

(b) If inter-island transportation is required in this contract, the Contractor shall be responsible for all inter-island transportation of construction personnel, material and equipment, including on-loading and/or off-loading of material and equipment between Kwajalein Atoll project sites, and for all associated costs. USAKA marine vessels may be used on a space required basis for the inter-island transportation of construction material and equipment at the Contractor's expense. Space required surface transportation must be coordinated through the USAKA Transportation Branch (CSSD-KA-LS) at least 10 working days prior to the Contractor's actual shipping requirement. Information concerning travel times and cargo capacities of the available USAKA marine vessels is listed at the end of this section.

(c) Weekly scheduled round trip surface transportation is operated by USAKA between Kwajalein, Meck and Roi Namur. This scheduled transportation is available to the Contractor for transporting construction material and equipment on a space available basis, without charge to the Contractor. NOTE: Cargo deck space for space available shipment of construction material and equipment is very limited since USAKA shipments have priority.

(d) Air transportation of Contractor personnel by fixed-wing aircraft to Roi Namur or by helicopter to other outer islands is permissible on a space available/no priority basis, without charge to the Contractor.

K-14 HOUSING FACILITIES - CONTRACTOR PROVIDED MANCAMP (JAN 2016)

(a) The Government will not provide living quarters for the Contractor’s personnel. However, an open space (To be provided) has been identified for the contractor to use for construction of its own Living Support Area (LSA).

Temporary quarters provided by the Contractor shall be erected in this area.

(b) Any temporary quarters required by the Contractor must be provided by the Contractor. All work to hook up to existing utilities is to be performed by the Contractor as approved by the Contracting Officer. Temporary quarters shall be removed by the Contractor upon completion of the project (final inspection/BOD), and the site restored to the condition in which it was found by the Contractor. Utility hook-ups are available in the vicinity of the quarters;

however, the Government makes no representation as to the condition and adequacy of the existing utilities.

(c) The Contractor shall adhere to all rules and regulations enforced by USAG-KA that may pertain to housing personnel in temporary quarters. Additionally, the Contractor’s temporary quarters will be constructed and maintained in accordance with the following:

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(1) EM 385-1-1 Corps of Engineers “Safety and Health Requirements Manual”

(2) Federal Manufactured Housing Construction and Safety Standards (FMHCSS)

(3) National Electric Code

(4) Uniform Plumbing Code

(5) Uniform Building Code

(6) NFPA 101 Life Safety Code

(d) The Contractor shall submit to the Contracting Officer and USAG-KA DPW a plan of the temporary quarters to be installed, which shows all utilities, within 30 days prior to installation of the temporary quarters. The Contractor shall comply with the USAG-KA Storage Yard Policy.

(e) Third country Nationals shall not be housed on lands that are under the control of the U.S. Army Kwajalein Atoll.

(f) After inspection/BOD, temporary quarters shall be dismantled or demolished at the contractor’s expense and properly disposed of. Temporary Quarters areas shall be restored to the condition in which it was found by the Contractor, including restoration of vegetation to preexisting type and density.

K-15 COMPLIANCE WITH LOCAL LAWS

(a) Contractor and subcontractor employees, and their dependents if authorized, shall be governed by, and subject to the military rules and regulations, and to the laws and regulations of the Marshall Islands and its political subdivisions applicable to the islands on which construction under this contract is performed. Infraction of such laws and regulations or such other conduct as may render employees and dependents undesirable, may be cause for removal from the project site or the Marshall Islands. The Contractor shall take immediate action in such matters as may be directed by the Contracting Officer. It is the Contractor's responsibility to ensure that all Contractor and subcontractor personnel are thoroughly instructed regarding applicable laws and regulations, and it shall be his responsibility to effect adequate policing of such personnel to avoid infractions.

(b) Dependents of employees who are not usually residents on the islands on which construction is performed will be authorized to accompany such employees under applicable Marshall Islands' laws and regulations only if approved by the Contracting Officer in consideration of the availability of facilities for their residence.

K-16 DEPENDENTS

Dependents of Contractor personnel, either United States citizens or alien residents of the U.S., will be permitted to reside only on Kwajalein Island, unless otherwise authorized by the Commander, USAKA and by the Contracting Officer.

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K-17 MEDICAL AND DENTAL SERVICES

Medical and dental facilities will be made available to Contractor personnel at Kwajalein Island only at the current established rates. The Contractor will be responsible for insuring payment of medical and dental bills incurred by his employees and their dependents.

K-18 POSTAL FACILITIES

Postal service, in accordance with regulations promulgated by the U.S. Postal Service, will be available at Kwajalein Island only.

K-19 MANAGEMENT AT JOBSITE (JAN 2016)

(a) General. Provide an onsite project management organization in accordance with the personnel requirements identified in specification sections 01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS, 01 45 04 CONTRACTOR QUALITY CONTROL and 01 90 00 MISCELLANEOUS PROVISIONS.

(b) Responsibility. All members of the project management organization shall be available at the project site or project site office at all times during working hours. The project management organization is responsible to direct and manage the project(s) to assure that schedules are being maintained and that the jobsite conditions are in accordance with contract requirements, as well as to receive directives, instructions, or complaints from the Contracting Officer so that prompt and satisfactory action is insured.

(c) Authority. The Project Manager (PM) shall be vested with full authority to act for the Contractor at the site to provide for smooth and decisive management of the job without the necessity of reporting to the Contractor's "home office" for decisions. The PM shall be authorized to execute modifications for amounts up to at least $500,000 and to negotiate and accept for the Contractor time extensions granted under the various clauses of the Contract.

(d) Superintendent. The superintendent provided by the Contractor under the Contract Clauses and Special Contract Requirements paragraphs shall be an individual or individuals fully qualified by training and experience to provide competent and authoritative overall superintendence of the project at all times during the progress of the work. The name or names of such individuals and the qualifications of each shall be submitted to the Contracting Officer for review prior to commencement of any work at the site. The Contractor's superintendence force shall be satisfactory to the Contracting Officer. The management responsibilities of the superintendent shall include complete supervision of the Contractor work force, supervision over the work of all subcontractors, coordination of all subcontract operations, and close adherence to the Network Analysis System provided under specification section 01 32 00 PROJECT SCHEDULE.

K-20 POL PRODUCTS

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(a) Bulk POL products will be made available to the Contractor from Government sources in the Kwajalein Atoll for use as required in his operations. It will be the Contractor's responsibility to make arrangements and payments pursuant to established Government procedures.

(b) Payments by the Contractor to the Government will be made on a monthly basis, or other convenient basis, at the discretion of Contracting Officer.

(c) The procedure provided for herein (i) is authorized by Public Law 85-804, 50 U.S.C. 1431--1435, and Executive Order No. 10789, (ii) is justified because of the isolated location of the contract work and the nonavailability from a local commercial source and the availability from Government sources of POL Products, and

(iii) will facilitate the National Defense.

(d) POL products will be provided by the logistics support Contractor as required at POL dispensing facilities in Kwajalein Island.

K-21 ORDNANCE DISPOSAL (JAN 2016)

The island(s) on which construction is to be performed were occupied by military forces during World War II and were within the combat zone. A demolition crew has removed visible ordnance from the islands. However, additional unexploded ordnance including bombs, shells, etc., may be encountered during the Contractor's operations. Should any such objects be encountered, the Contractor shall take immediate action to prevent disturbance of or tampering with such objects, and shall report the discovery to the USAG-KA Security and Law Enforcement Contractor and the Explosive Ordnance Disposal (EOD) office for disposal action.

K-22 STORM PROTECTION

Should warning of winds of gale force or stronger be issued, the Contractor shall take every practicable precaution to minimize danger to persons, to the work, and to adjacent property. These precautions shall include, but are not limited to, closing all openings as required to protect work in place, removing all loose materials, tools, and/or equipment from exposed locations, and removing or securing scaffolding and other temporary work.

K-25 MECHANICAL DIGGING PERMITS (JAN 2016)

a. To protect piping, electrical, or communications gear, no mechanical digging shall be performed without a Dig Permit. The Contractor shall submit a drawing/sketch of the work area with its application for a permit, utilizing KLS Form 1310, Attachment C at the end of this section. The Contractor must ensure that the Heavy Equipment Operator maintains in his possession the drawing/sketch of the work area and the Dig Permit onsite during the digging operation. It shall be the responsibility of the activity completing the project to update the drawing/sketch before returning it to the Facilities Operation and Maintenance (FOM) office of issue.

b. It shall be the responsibility of the Logistics/Engineering Contractor (LEC) Production Scheduler for FOM at Kwajalein and the Scheduler for Roi Namur FOM to provide underground locating services pertaining to the Dig

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Permits at USAG-KA. The above individuals shall have the responsibility for obtaining the necessary signature approvals for the KLS Form 1310, Attachment C before authorizing any mechanical digging operation.

K-27 DELAYS TO WORK DUE TO MISSILE LAUNCHES (FEB 2006)

(a) Work is subject to delays due to missile launches by USAKA. Work shall be coordinated with the Contracting Officer.

(b) Only essential personnel as designated on approved essential personnel lists are allowed in the Ground Hazard Areas (GHA). Contractor personnel are not considered essential personnel and would be excluded from the GHA. Additionally, on launch day contractor personnel will be required to shelter, incurring a possible delay of one to four hours.

(c) To the extent the above delay, actually incurred, totals within the Expected Cumulative Total (as defined below), such delay shall not be compensable nor shall there be entitlement to time extensions for such delay. Such delay, if any, shall be rounded up or down to the nearest day. At the end of the work, should there be entitlement to price or time adjustment, such adjustment shall be pursuant to the Contract Clauses entitled SUSPENSION OF WORK and DEFAULT, respectively.

(d) Example of missile launch delay - Contractor incurs a cumulative missile launch delay of 50 calendar days.

The Expected Cumulative Total is 40 calendar days. Contractor is entitled to a price adjustment under the Suspension of Work clause based on 10 calendar days (50 minus 40 calendar days).

(e) To the extent the above delay, actually incurred, totals within the Expected Cumulative Total (as defined below), such delay shall not be compensable nor shall there be entitlement to time extensions for such delay. At the end of work, should there be entitlement to price adjustment, such adjustment shall be pursuant to the Contract Clause entitled SUSPENSION OF WORK.

(f) The Expected Cumulative Total delay is two (2) days.

K-28 MARSHALLESE INCOME TAX

Contractor is advised that, under the terms of Article V of the Status of Forces Agreement, United States contractor personnel and dependents who are also United States contractor personnel are not exempt from a personal income tax generally applicable within the Marshall Islands up to a level of five percent of their annual income derived from their employment in the Marshall Islands by United States contractors. Marshallese personnel are subject to income tax generally applicable in the Marshall Islands, without limitation. Accordingly, the contractor must withhold income tax from the compensation paid to all employees, as appropriate, and in accordance with applicable laws of the Republic of the Marshall Islands.

With respect to United States taxes, the Contractor must make its own determination, considering its own legal status, as to whether withholding or payment of such taxes is required.

K-29 RESTRICTIONS ON HAULING

(a) Hauling of materials through the family housing area at Kwajalein shall be restricted to the following times:

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(1) When school is in session - 0830-1130 hours and 1230-1430 hours.

(2) When school is out of session - 0800-1130 hours and 1230-1630 hours.

(b) Hauling of materials using vehicles which are 10 feet wide or greater will require convoy procedures. The Contractor shall provide a lead vehicle and rear escort for the convoy; the rear escort shall be responsible for cleaning up any convoy debris. Radio communication between the convoy and the Bucholz Army Airfield control tower will be required to coordinate convoy movements near the airfields on Kwajalein. The Contractor shall submit written convoy procedures to the Contracting Officer at least 14 days prior to the onset of operations.

K-30 MESSING FACILITIES (JAN 2016)

(a) Existing messing facilities on Kwajalein and Roi-Namur are subject to USAG-KA PM 30-1 and will be made available to Contractor employees in connection with the prosecution of the work under this contract. Meals will be served to Contractor employees cafeteria style in the Government-operated mess halls. at the current established rates contained in the Financial Policy & Rate Manual.

(b) The Contractor is responsible for payment of messing bills incurred by his employees.

(c) Contractor messing facilities will be maintained in accordance with the most current EM 385-1-1, Corps of Engineers "Safety and Health Requirements Manual". Refer to paragraph entitled "Accident Prevention Plan" in Section 00 73 00 to determine the latest version of the manual.

(d) If the Contractor desires to purchase bulk food supplies from USAG-KA, supplies must be requested at least 90 days prior to actual requirements.

(e) Use of Government-operated mess halls will be charged against the Contractor’s LSC account (see clause K-32) at a rate of $6,935 per employee per fiscal year. Prorated rates on new or completed contracts for incoming and outgoing employees must be approved by the Contracting Officer.

K-31 WARRANTY IMPLEMENTATION

1. The Contractor shall designate a company representative to implement the warranties included in this contract.

This representative shall be stationed on Kwajalein throughout the entire warranty period and must possess the capability and knowledge required to correct all warranty deficiencies. The Contractor may designate different representatives for separate specialties of work. If approved by the Contracting Officer, any other Corps construction contractor performing work on Kwajalein may be utilized for warranty implementation.

2. The name, address, telephone number of the representative(s), and nomenclature of warranty item shall be submitted to the Contracting Officer's representative at least 30 days prior to the contract completion date or beneficial occupancy of the work or part thereof. For the purposes of paragraph f of the warranty clause, a reasonable time shall be considered to be as follows:

a. Seven (7) calendar days from the receipt of a written notification of any failure, defect, or damage caused by a warranty defect of such nature that the work remains functional or habitable or both, as applicable.

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b. Twenty-four (24) hours for any failure, defect or damage caused by a warranty defect which renders the work nonfunctional or uninhabitable or both, as applicable. Response in this instance starts from receipt of verbal notification from a Government authorized representative. Written confirmation will follow the initial verbal request.

c. One-half (1/2) hour for any failure, defect or damage caused by a warranty defect which creates a health and/or safety hazard that could endanger personnel or cause serious property damage. This type of warranty item shall be categorized as EMERGENCY WORK. Response in this instance starts from receipt of verbal notification from a Government authorized representative. Written confirmation will follow the initial verbal request.

d. The Contractor shall place equipment warranty stickers on all warranted equipment in the location designated by the Contracting Officer's representative. The Contracting Officer will furnish the stickers and the Contractor shall fill out the required information and place the stickers on the equipment.

e. No contractual warranty arrangements with the USAKA operating contractor will be allowed.

K-32 RATES FOR VARIOUS PRODUCTS AND SERVICES (SEP 2014)

a. Airlift of cargo to Kwajalein on Air Mobility Command (AMC) flights out of Hickam AFB, Hawaii, requires the prior assignment to the Contractor of certain identification codes by Government agencies. Upon award of contract, a Contractor anticipating cargo airlift is advised to submit an early request for assignment of the codes. Rates for passenger and cargo on AMC flights out of Hickam AFB, Hawaii, may be obtained from Unit Movement, Directorate of Logistics, United States Army Garrison, Hawaii, at (808) 438-9756.

b. Various products and services are available at Kwajalein at pre-determined rates from the U.S. Army Kwajalein Atoll (USAG-KA) Logistic Support Contractor (LSC). The rates are published in the Financial Policy and Rate Manual, U.S. Army Kwajalein Atoll, and are subject to change. However, bulk POL (petroleum, oils and lubricant) prices are subject to change at any time. Pursuant to the above-mentioned Manual, there is an advance deposit requirement on users of the various products and services. A copy of the Manual is located at the end of this section. Any conclusions or interpretations made from the data in the Manual are the Contractor's responsibility.

Some items of particular interest to Contractors are given below.

(1) Bulk POL - Price for bulk POL products are based on prevailing rates, periodically updated.

(2) Telephone -

(a) Current rates for basic services are given in the Financial Policy and Rate Manual.

(b) Non-direct access to Department of Defense existing AUTOVON (Automatic Voice Network) telephone service, between Oahu, Hawaii and Kwajalein (both directions) will be provided to the Contractor at no charge. Non-direct access to AUTOVON by the Contractor shall be restricted to essential communication required in the performance of this contract.

(3) Dining Rates -

Current rates for dining on Kwajalein and Roi-Namur are given in the Financial Policy and Rate Manual referenced in the local clause K-30, Messing Facilities.

(4) School Tuition - (See CLAUSE K-16 DEPENDENTS)

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The USAG-KA school consisting of an elementary school encompassing kindergarten through sixth grade and a junior-senior high school is an accredited member of the North Central Association of Colleges and Secondary Schools. School tuition is determined annually. Either the sponsoring organization or the individual must reimburse USAG-KA at the tuition rate.

c. Equipment and facilities owned by the U.S. Army Kwajalein Atoll and operated by the USAG-KA Logistic Support Contractor (LSC) may be available at a cost to the U.S. Army Corps of Engineers Contractor on a non-interference basis. The U.S. Army Corps of Engineers Contractor's use of USAG-KA equipment shall not interfere with USAG-KA/LSC operations. Any USAG-KA equipment rented shall be subject to recall by USAG-KA/LSC for their use at any time. Arrangements including determination of cost and maintenance responsibilities are a matter between the Contractor and USAG-KA/LSC, not the U.S. Army Corps of Engineers. These arrangements are not covered in the Financial Policy and Rate Manual. The Contractor is advised not to count on this type of support. The U.S. Army Corps of Engineers and USAG-KA will not be liable for any delay resulting from the use of USAG-KA equipment.

The Contractor shall indicate the amount the contractor estimates will be needed to pay for LSC support during the contract period. The cost of such services will be paid by the Government directly to the LSC using project funds which have been obligated specifically for this contract and purpose.

The LSC will not support unfunded services. With each ENG93 submittal, contractor shall attach a copy of all purchase orders to the LSC made during the invoice period accompanied by a spreadsheet containing all purchase orders requested to date with a running total of the purchase orders. Contractor is responsible for notifying the COR a minimum of 30 calendar days in advance if it intends to request LSC services that exceed the amount of funds remaining in the LSC account. Notification shall include the estimated date of funds drawdown and an estimate of the additional funds needed for the remainder of the contract. The amount identified will be deducted from the contract amount via a deductive mod to the contract. At completion of the contract, any remaining balance in the LSC account after payment is made for all LSC support services will be paid to the construction contractor.

K-33 SAILING INSTRUCTIONS, PORT OF KWAJALEIN

1. The following is a listing of conditions which must be met prior to U.S. Army Kwajalein Atoll (USAKA) accepting marine cargo for discharge at either Kwajalein, Roi-Namur, or Meck Islands. They are as follows:

a. Vessel must meet the International Safety of Life at Sea Safety Standards (SOLAS). Vessel Master must be capable of presenting, upon request of the USAKA Pilot, SOLAS safety certificate.

b. Vessel Master must accept the USAKA Pilot as outlined in U.S. Sailing Directions for the Pacific Islands, volume 126, page 134.

c. Upon request of the USAKA Pilot, the Vessel Master must present 3 copies of the crew manifest and certificate certifying that the crew is free of communicable diseases. They will also be required to request free pratique on arrival.

d. Vessel Master must contact the USAKA Harbor Control 72 hours prior to arrival at the Pilot station. The USAKA Harbor Control can be reached on frequency 2716.0 kilocycles (USB) or Kwajalein Tech Control on MHz

82961.0 (USB). Vessel Master must provide USAKA Harbor Control with the following information 72 hours prior to arrival: (1) Draft fore and aft, (2) Nature of cargo to be discharged/loaded, (3) Plus any change in logistic requirements which would include provisions for water and fuel, and any special cargo handling requirements.

Vessel Master will update draft data not later than 24 hours prior to arrival at the Pilot station.

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e. Vessel Master is cautioned that maximum draft is 27 feet at the port of Kwajalein.

f. Vessel must be insured by a recognized marine underwriter such as Lloyd's of London. Insurance certificates may be requested upon arrival by USAKA Pilot.

g. Vessel must be of internationally recognized register. Vessel Master may be requested to present registration certificates to USAKA Pilot.

h. Ship's crew assigned to assist with discharge/loading of cargo must comply with USAKA safety regulations which requires use of approved hard hats, safety shoes, and gloves.

i. Vessel must have internationally registered 406 MHz Emergency Position Indicating Beacon(s).

j. Vessel Master must comply with direction from the USAKA Pilot regarding Pilot station, use of mooring facilities, and lagoon entry access.

k. Vessel Master must insure that barge and tow complies with American Bureau of Standards (ABS) and that ABS certificate is current and available for inspection by the USAKA Pilot upon request.

l. Vessel Master will be responsible for repatriation of crew members from Kwajalein. Vessel Master must insure that adequate U.S. currency is available for same.

m. Vessel Master may be required to settle all outstanding debts accumulated while in port at the direction of the vessel's agent.

n. USAKA Marine Department and Pilot may be contacted telephonically at (805)238-7994, extension 2182, facsimile extension 1814.

o. Vessel's agent will be required to repatriate USAKA Pilot should Pilot be required to remain with the vessel under circumstances which are beyond his control.

p. The port of USAKA is a drug-free facility. All vessels will be inspected by a drug dog team prior to being cleared into the port.

2. The USAKA points of contact are Marine Operations, DSN 480-3421, and Engineering, DSN 480-3779.

K-34 TRANSPORTATION AND PROCESSING OF PERSONNEL, MATERIALS AND EQUIPMENT

The Contractor shall be responsible for transportation of his personnel, materials, supplies and equipment. In the event Air Mobility Command (AMC) furnished facilities are available to move or process such personnel, materials, and equipment, the Government agrees to make available such transportation to the extent possible. However, it will be the Contractor's responsibility to make arrangements and payments for such transportation pursuant to established AMC procedures.

K-36 VEHICLE REGISTRATION (FEB 2006)

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(a) All vehicles operating on the Kwajalein Atoll Army Installation shall comply with USAKA/KRS Standard Practice Instruction (SPI) No. 1161 R1 entitled Vehicle Registration.

(b) Only contractor vehicles utilized in the performance of the contract are authorized. The number of vehicles to be utilized is subject to government approval. No POVs (privately owned vehicles) are authorized.

(c) Contractor personnel are required to obtain a Driver’s Permit from USAKA/KRS prior to operating any motor vehicle.

(d) The Government is not responsible for any adverse impact on the Contractor or its operation as a result of delays due to the failure to register vehicles.

K-37 WORKERS COMPENSATION INSURANCE (DEFENSE BASE ACT) (FEB 2016)

(a) This Special Contract Requirement supplements FAR Clause 52.228-3 Workers’ Compensation Insurance (Defense Base Act).

(b) The U.S. Army Corps of Engineers (USACE) contractors shall obtain commercially available Defense Base Act (DBA) insurance from a Department of Labor (DOL) authorized insurance carrier unless the contractor is under a self-insurance program approved by the DOL or performance of work is in a location country with a current DOL waiver. DOL approved carriers and self-insured employers are listed at http://www.dol.gov/owcp/dlhwc/lscarrier.htm.

(c) The PCO is encouraged to provide USACE contractors with the DOL's primary Defense Base Act (DBA) insurance carriers' information as follows:

Company Contact Information

ACE (215) 640-4836

Allied World Assurance Company (AWAC) (646) 794-0511 American International Group (AIG Chartis) (212) 458-3593 Continental Insurance Company (CNA) (212) 440-7207 Starr Indemnity & Liability Company (646) 227-6466 Zurich NA (215) 861-6792

K-6 UTILITY OUTAGES (JAN 2016)

Interruptions to existing utilities shall be held to a minimum. Outages to facilitate connections to existing systems shall be scheduled to take place during periods of minimum demand and during non-mission periods, at no additional cost to the Government. Due to the sensitivity of mission related computers and instrumentation, any contract electrical work or testing which includes any risk of an electrical interruption shall require the contractor to schedule for an electrical outage.

a. Prior to beginning work, the contractor shall submit to the Contracting Officer/Representative a master plan schedule for all utility outages anticipated to be required during the contract performance period. As a minimum, the master plan schedule shall be keyed to the contractor's progress schedule and include the following outage details:

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(1) Narrative of work activities requiring an outage.

(2) Approximate date of each outage.

(3) Anticipated duration of each outage.

b. The contractor shall specify in the master plan schedule the name of an on site company representative who will be the designated point of contact (POC) for the follow-on coordination of specific utility outages during construction. During the follow-on coordination for each outage, the contractor's POC shall be responsible to ensure that all outage details, to include affected facilities and specific dates, time and duration, are coordinated with the USAG-KA DPW and all affected users. This coordination effort shall be documented by using a form DA 4283, Facilities Engineering Work Request, which is included as Attachment B at the end of this section. The completed document must be submitted to the Contracting Officer/Representative not less than 10 days in advance of the intended outage.

c. No outage will be permitted without the Contracting Officer's Approval. Subsequent to this approval, the contractor shall arrange for announcements of the outage to be carried by local media sources. This will be accomplished in coordination with the Public Works Lead Work Group assigned to the task.

K-7 UTILIZATION OF MARSHALL ISLANDS SUBCONTRACTORS AND EMPLOYMENT OF

MARSHALL ISLANDS PERSONNEL (March 1999)

(a) In accordance with Article IV, "Utilization of Contractors and Employment of Labor," of the Status of Forces Agreement (the SOFA) concluded pursuant to Section 323 of the Compact of Free Association (Title II of the Compact of Free Association Act of 1985, Pub. L. 99- 239), employment preference shall be given by the Contractor, without discrimination, to citizens, nationals, and permanent resident aliens of the Marshall Islands and of the United States. Subcontracts placed under this contract shall reference Article IV of the SOFA and include a statement that the employment preference provisions of Paragraph 1(a), Article IV of the SOFA apply to persons hired under the subcontract. Furthermore, for its subcontracts, the Contractor shall utilize without discrimination, consistent with the laws and regulations of the United States, qualified local contractors and contractors which are legally entities of the United States. Subcontracts placed under this contract shall include a statement that subcontractors, for their subcontracts, shall utilize without discrimination, consistent with the laws and regulations of the United States, qualified local contractors and contractors which are legal entities of the United States.

(b) The Contractor hereby agrees to carry out the policy stated in subparagraph (a) above in the awarding of subcontracts and in the hiring of labor to the fullest extent practicable. The Contractor further agrees to cooperate in any studies or surveys that may be conducted by the United States and/or the Republic of the Marshall Islands as may be necessary to determine the extent of the Contractor's compliance with this clause.

(c) Definitions. For the purposes of this clause, the following terms shall have the following meanings:

(1) The term, local contractor means a local firm incorporated in the Marshall Islands , or otherwise legally organized under the laws of the Marshall Islands, that--

(i) Is more than 50 percent owned by citizens of the Marshall Islands; or

(ii) Complies with the following:

(A) The firm has done business in the Marshall Islands on a continuing basis for not less than 3 years prior to the date of issuance of this solicitation;

(B) Substantially all of the firms directors of local operations, senior staff, and operating personnel are resident in the Marshall Islands or are U.S. citizens: and

(C) Most of the operating equipment and physical plant are in the Marshall Islands.

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(2) The term, United States contractor, means a firm incorporated in the United States that complies with the following:

(i) The corporate headquarters are in the United States;

(ii) The firm has filed corporate and employment tax returns in the United States for a minimum of 2 years (if required), has filed State and Federal income tax returns (if required) for 2 years, and has paid any taxes due as a result of these filings; and

(iii) The firm employs United States citizens in key management positions; or which is otherwise an entity (such as but not limited to a sole proprietorship, joint venture or other partnership), legally organized and existing under the laws of the United States, its territories or possessions, the majority ownership interest in which is held by an entity (or entities) which (1)have their business headquarters in the United States, (2) have filed income and employment tax returns in the United States for a minimum of two years (if required), have filed state and federal income tax returns (if required) for two years, and have paid any taxes due as a result of these filings; and (3) employee United States citizens in key management positions.

(3) The term "Marshall Islands personnel" means citizens, nationals and lawfully admitted permanent resident aliens of the Republic of the Marshall Islands.

(4) The term "the Contract" means this contract.

(5) The term "subcontract" means any agreement (other than one involving an employer-employee relationship) entered into by the Contractor or any subcontractor calling for supplies or services required for performance of the Contract or any of its subcontracts.

(6) The term "the Plan" means the Subcontracting and Hiring Plan described in this clause.

(7) The term "failed to make good faith effort to comply with the Plan" means a willful or intentional failure to perform in accordance with the requirements of the Subcontracting and Hiring Plan approved under this clause.

(d) For the purposes of compliance with this clause only, contractors acting in good faith may rely on written representations by their subcontractors regarding their status as local contractors, and on written representations by their employees regarding their citizenship and/or alien status.

(e) The apparent low bidder must submit to the Contracting Officer NO LATER THAN five (5) calendar days after bid opening date. The apparent low bidder may e-mail its Subcontracting and Hiring Plan (the Plan) to Dayna.N.Matsumura@usace.army.mil and Jennifer.I.Ko@usace.army.mil. The apparent successful bidder must submit for the Contracting Officer’s approval a Subcontracting and Hiring Plan (the Plan) which addresses the contractor's plan as to how it will subcontract and employ, as much as reasonably practicable, local contractors and Marshall Islands personnel. The Plan should separately describe the contractor's plan for subcontracting and employing local contractors and Marshall Islands personnel, broken down between the basic contract and any options, if options are included in the solicitation. No award will be made to the apparently successful offeror unless and until it submits a Plan that is satisfactory to and approved by the Contracting Officer.

(f) The Plan shall include the following:

(1) Goals, expressed in terms of percentages of total planned subcontracting dollars, for the use of local contractors as subcontractors. These goals shall pertain to all subcontracts that contribute to contract performance, and may include a proportionate share of products and services that are normally accounted for as indirect costs in the offeror's estimating and accounting systems.

(2) Goals, expressed in terms of percentages of total planned personnel at the jobsite, for the hiring of Marshall Islands personnel by the Contractor.

(3) A statement of-

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(i) Total dollars planned to be subcontracted;

(ii) Total dollars planned to be subcontracted to local contractors;

(iii) Total number or personnel expected to be hired by the Contractor for work at the jobsite; and

(iv) Total number of Marshall Islands personnel planned to be hired by the Contractor for work at the jobsite.

(4) A description of the principal types of supplies and services to be subcontracted, and an identification of the types of supplies and services planned to be subcontracted to local contractors.

(5) A description of the method used to develop the subcontracting and hiring goals in (1) above.

(6) A description of the method used to identify potential sources of supplies and services, for solicitation purposes.

(7) A statement as to whether or not the offeror has included indirect costs in establishing subcontracting goals, and a description of the method used to determine the proportionate share of indirect costs allocable to the local contractors.

(8) The name of the individual(s) employed by the offeror who will administer the offeror's subcontracting and hiring programs, and a description of the duties of such individual(s).

(9) A description of the efforts the offeror will make to assure that local contractors have a fair opportunity to compete for subcontracts.

(10) Assurances that the offeror will include a clause similar to this one in all subcontracts that offer further subcontracting opportunities, and that the offeror will require all subcontractors who receive subcontracts in excess of $500,000 to adopt a Subcontracting and Hiring Plan similar to the Plan agreed to by the offeror and approved by the Contracting Officer.

(11) Assurances that the offeror will cooperate in any studies or surveys as may be required and submit periodic reports in order to…