Am-0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

See continuation page.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

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

16C. DATE SIGNED

BY

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W9128A17B0004

X 9B. DATED (SEE ITEM 11)

28-Jul-2017

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

Am-0001

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

6. ISSUED BY

3. EFFECTIVE DATE

11-Aug-2017

CODE

CECT - CONTRACTING DIVISION

USACE, HONOLULU DISTRICT

BLDG 252 (CECT-POH)

FT. SHAFTER HI 96858-5440

W9128A 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9128A-17-B-0004 Am-0001

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

1. CHANGES TO SPECIFICATIONS. Attached hereto are revised pages/paragraphs to the specifications. The revision mark “(Am-0001)” is shown on each revised page.

a. DELETED SECTIONS. The following sections are deleted in its entirety.

Section 01 35 26 Section 01 57 20

b. REVISED SECTIONS. The following are revised pages to the solicitation. Changes are marked in bold or strikethrough.

Standard Form 1442 – Page 1 Section 00 10 00 – Page 2 Section 00 21 13 – Pages 2-4 (Deletes FAR 52.222-57) Section 00 72 00 – Page 4

c. NEW SECTIONS. The following are new pages to the solicitation.

Section 00 45 00 – Page 9-10 (Adds FAR 52.222-57) Section 00 73 00, Appendix B – Site Visit Sign-in Roster Section 00 73 00, Appendix C – Map to Bldg 252 at Ft Shafter Section 00 73 00, Appendix D – Requests For Information (#1 through 6) Section 01 35 26 (Revises Paragraphs 1.14.3 and 1.15) Section 01 57 20 (Revises Paragraphs 3.7d and 3.9)

2. CHANGES TO DRAWINGS. Attached hereto are revised sheets to the drawings.

a. REVISED DRAWINGS.

Sheet ID Sheet Number Mark Revision Date:

G-001 1 of 8 1 8/8/17 CS103 4 of 8 1 8/8/17 CS104 5 of 8 1 8/8/17 C-301 6 of 8 1 8/8/17

3. Requests for Information (RFIs) are due by Wednesday, August 16, 2017 at 10:00AM, Hawaii Standard Time.

RFIs shall be sent to colin.k.waki@usace.army.mil and kent.a.tamai@usace.army.mil.

4. The bid opening date remains UNCHANGED (see SF1442, Page 1, Block 13A).

Kikiaola Light Draft Harbor Maintenance Dredging, Kauai, Hawaii

X

COLIN K WAKI 808-835-4393

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

28-Jul-2017

(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 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 ________615 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 ______________ 29 Aug 2017 (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.

B. An offer guarantee X is, is 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

BLDG 252 (CECT-POH)

FT. SHAFTER HI 96858-5440

W9128A

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 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:

W9128A17B0004 2

(Am-0001)

Section 00 10 00 – Page 2

7. Each Bidder must submit the following documents. Failure to submit all required documents may result in the bidder being ineligible for award.

a. SF 1442 (pages 1 and 2) including acknowledging all amendments.

b. Bid Schedule

c. Bid Guarantee (See SF 1442, Block 13B and Clause No. 52.228-1, Bid Guarantee, in Section 00 72

00)

d. Section 00 45 00 – Representations and Certifications

e. Section 00 45 00 – Representations & Certifications, Appendix A - SF LLL, Disclosure of Lobbying

Activities

8. All Bidders shall provide one (1) copy of the entire bid on a CD within seven (7) calendar days after the date of bid opening.

PAYMENT(S)

Compensation for all work to be performed under this task order will be made under the payment item(s) listed herein. The principal features of the work to be included under the payment item(s) are noted.

Work required by drawings and scope of work and not particularly mentioned shall be included in and be paid for under the task order 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 drawings, scope of work and shall be full compensation for all work in connection therewith, including quality control and cost of performance-and payment-bond premiums 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, lodging 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 CONSTRUCTON CONTRACTS”, the term “designated billing office” and “designated payment office” are as follows:

a. Billing Office

U.S. Army Engineer Division, Pacific Ocean Fort Shafter Resident Office, Bldg 230 Fort Shafter, HI 96858-5440

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.

CLIN 0001 – MOBILIZATION/DEMOBLIZATION

CLIN 0001 will be paid for at the contract lump sum price, complete, for the mobilization and demobilization of all the Contractor’s plant and equipment, including miscellaneous times, coordination with Harbor Master, setting up, obtaining applicable permits, protection of the environment, cleanup, and all incidental items necessary to complete the work. FOB: Destination

1) 60 percent of lump sum price upon completion of the contractor’s mobilization at the work site.

2) The remaining 40 percent upon completion of demobilization.

CLIN 0002 – DREDGING

Section 00 21 13 – Page 2 workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

69.1% 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is State of Hawaii, Island of Kauai, Kikiaola.

(End of provision)

52.222-57 REPRESENTATION REGARDING COMPLIANCE WITH LABOR LAWS (EXECUTIVE ORDER

13673) (DEC 2016)

(a)(1) Definitions.

Administrative merits determination, arbitral award or decision, civil judgment, DOL Guidance, enforcement agency, labor compliance agreement, labor laws, and labor law decision as used in this provision have the meaning given in the clause in this solicitation entitled 52.222-59, Compliance with Labor Laws (Executive Order 13673).

(2) Joint ventures. If the offeror is a joint venture that is not itself a separate legal entity, each concern participating in the joint venture shall separately comply with the requirements of this provision.

Section 00 21 13 – Page 3

(b)(1) For solicitations issued on or after October 25, 2016 through April 24, 2017: The Offeror [ ___ ] does [ ___ ] does not anticipate submitting an offer with an estimated contract value of greater than $50 million.

(2) For solicitations issued after April 24, 2017: The Offeror [ ___ ] does [ ___ ] does not anticipate submitting an offer with an estimated contract value of greater than $500,000.

(c) If the Offeror checked ``does'' in paragraph (b)(1) or (2) of this provision, the Offeror represents to the best of the Offeror's knowledge and belief [Offeror to check appropriate block]:

[ ___ ](1) There has been no administrative merits determination, arbitral award or decision, or civil judgment for any labor law violation(s) rendered against the Offeror during the period beginning on October 25, 2015 to the date of the offer, or for three years preceding the date of the offer, whichever period is shorter; or

[ ___ ](2) There has been an administrative merits determination, arbitral award or decision, or civil judgment for any labor law violation(s) rendered against the Offeror during the period beginning on October 25, 2015 to the date of the offer, or for three years preceding the date of the offer, whichever period is shorter.

(d)(1) If the box at paragraph (c)(2) of this provision is checked and the Contracting Officer has initiated a responsibility determination and has requested additional information, the Offeror shall provide--

(i) For each disclosed labor law decision in the System for Award Management (SAM) at www.sam.gov, the following, unless the information is already current, accurate, and complete in SAM. This information will be publicly available in the Federal Awardee Performance and Integrity Information System (FAPIIS):

(A) The labor law violated.

(B) The case number, inspection number, charge number, docket number, or other unique identification number.

(C) The date rendered.

(D) The name of the court, arbitrator(s), agency, board, or commission that rendered the determination or decision;

(ii) The administrative merits determination, arbitral award or decision, or civil judgment document to the Contracting Officer, if the Contracting Officer requires it;

(iii) In SAM, such additional information as the Offeror deems necessary to demonstrate its responsibility, including mitigating factors and remedial measures such as Offeror actions taken to address the violations, labor compliance agreements, and other steps taken to achieve compliance with labor laws. Offerors may provide explanatory text and upload documents. This information will not be made public unless the contractor determines that it wants the information to be made public; and

(iv) The information in paragraphs (d)(1)(i) and (d)(1)(iii) of this provision to the Contracting Officer, if the Offeror meets an exception to SAM registration (see 4.1102(a)).

(2)(i) The Contracting Officer will consider all information provided under (d)(1) of this provision as part of making a responsibility determination.

(ii) A representation that any labor law decisions were rendered against the Offeror will not necessarily result in withholding of an award under this solicitation. Failure of the Offeror to furnish a representation or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(iii) The representation in paragraph (c) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous representation, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation in accordance with the procedures set forth in part 49.

Section 00 21 13 – Page 4

(e) The Offeror shall provide immediate written notice to the Contracting Officer if at any time prior to contract award the Offeror learns that its representation at paragraph (c) of this provision is no longer accurate.

(f) The representation in paragraph (c) of this provision will be public information in the Federal Awardee Performance and Integrity Information System (FAPIIS).

Note to 52.222-57: By a court order issued on October 24, 2016, 52.222-57 is enjoined indefinitely as of the date of the order. The enjoined section will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

52.222-58 SUBCONTRACTOR RESPONSIBILITY MATTERS REGARDING COMPLIANCE WITH LABOR

LAWS (EXECUTIVE ORDER 13673) (DEC 2016)

(a) Definitions.

Administrative merits determination, arbitral award or decision, civil judgment, DOL Guidance, enforcement agency, labor compliance agreement, labor laws, and labor law decision as used in this provision have the meaning given in the clause in this solicitation entitled 52.222-59, Compliance with Labor Laws (Executive Order 13673).

(b) Subcontractor representation.

(1) The requirements of this provision apply to all prospective subcontractors at any tier submitting an offer for subcontracts where the estimated subcontract value exceeds $500,000 for other than commercially available off-the-shelf items. The Offeror shall require these prospective subcontractors to represent, to the Offeror, to the best of the subcontractor's knowledge and belief, whether there have been any administrative merits determinations, arbitral awards or decisions, or civil judgments for any labor law violation(s) rendered against the prospective subcontractor during the period beginning October 25, 2015 to the date of the offer, or for three years preceding the offer, whichever period is shorter.

(2) A contractor or subcontractor, acting in good faith, is not liable for misrepresentations made by its subcontractors about labor law decisions or about labor compliance agreements.

(c) Subcontractor responsibility determination. If the prospective subcontractor responded affirmatively to paragraph

(b) of this provision and the Offeror initiates a responsibility determination, the Offeror shall follow the procedures in paragraph (c) of 52.222-59, Compliance with Labor Laws (Executive Order 13673).

Note to 52.222-58: By a court order issued on October 24, 2016, 52.222-58 is enjoined indefinitely as of the date of the order. The enjoined section will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American --Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

Section 00 45 00 – Page 9

52.222-57 REPRESENTATION REGARDING COMPLIANCE WITH LABOR LAWS (EXECUTIVE ORDER

13673) (DEC 2016)

(a)(1) Definitions.

Administrative merits determination, arbitral award or decision, civil judgment, DOL Guidance, enforcement agency, labor compliance agreement, labor laws, and labor law decision as used in this provision have the meaning given in the clause in this solicitation entitled 52.222-59, Compliance with Labor Laws (Executive Order 13673).

(2) Joint ventures. If the offeror is a joint venture that is not itself a separate legal entity, each concern participating in the joint venture shall separately comply with the requirements of this provision.

(b)(1) For solicitations issued on or after October 25, 2016 through April 24, 2017: The Offeror [ ___ ] does [ ___ ] does not anticipate submitting an offer with an estimated contract value of greater than $50 million.

(2) For solicitations issued after April 24, 2017: The Offeror [ ___ ] does [ ___ ] does not anticipate submitting an offer with an estimated contract value of greater than $500,000.

(c) If the Offeror checked ``does'' in paragraph (b)(1) or (2) of this provision, the Offeror represents to the best of the Offeror's knowledge and belief [Offeror to check appropriate block]:

[ ___ ](1) There has been no administrative merits determination, arbitral award or decision, or civil judgment for any labor law violation(s) rendered against the Offeror during the period beginning on October 25, 2015 to the date of the offer, or for three years preceding the date of the offer, whichever period is shorter; or

[ ___ ](2) There has been an administrative merits determination, arbitral award or decision, or civil judgment for any labor law violation(s) rendered against the Offeror during the period beginning on October 25, 2015 to the date of the offer, or for three years preceding the date of the offer, whichever period is shorter.

(d)(1) If the box at paragraph (c)(2) of this provision is checked and the Contracting Officer has initiated a responsibility determination and has requested additional information, the Offeror shall provide--

(i) For each disclosed labor law decision in the System for Award Management (SAM) at www.sam.gov, the following, unless the information is already current, accurate, and complete in SAM. This information will be publicly available in the Federal Awardee Performance and Integrity Information System (FAPIIS):

(A) The labor law violated.

(B) The case number, inspection number, charge number, docket number, or other unique identification number.

(C) The date rendered.

(D) The name of the court, arbitrator(s), agency, board, or commission that rendered the determination or decision;

(ii) The administrative merits determination, arbitral award or decision, or civil judgment document to the Contracting Officer, if the Contracting Officer requires it;

(iii) In SAM, such additional information as the Offeror deems necessary to demonstrate its responsibility, including mitigating factors and remedial measures such as Offeror actions taken to address the violations, labor compliance agreements, and other steps taken to achieve compliance with labor laws. Offerors may provide explanatory text and upload documents. This information will not be made public unless the contractor determines that it wants the information to be made public; and

(iv) The information in paragraphs (d)(1)(i) and (d)(1)(iii) of this provision to the Contracting Officer, if the Offeror meets an exception to SAM registration (see 4.1102(a)).

Section 00 45 00 – Page 10

(2)(i) The Contracting Officer will consider all information provided under (d)(1) of this provision as part of making a responsibility determination.

(ii) A representation that any labor law decisions were rendered against the Offeror will not necessarily result in withholding of an award under this solicitation. Failure of the Offeror to furnish a representation or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(iii) The representation in paragraph (c) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous representation, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation in accordance with the procedures set forth in part 49.

(e) The Offeror shall provide immediate written notice to the Contracting Officer if at any time prior to contract award the Offeror learns that its representation at paragraph (c) of this provision is no longer accurate.

(f) The representation in paragraph (c) of this provision will be public information in the Federal Awardee Performance and Integrity Information System (FAPIIS).

Note to 52.222-57: By a court order issued on October 24, 2016, 52.222-57 is enjoined indefinitely as of the date of the order. The enjoined section will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination

Section 00 72 00 – Page 4

(End of clause)

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

The Contractor shall be required to (a) commence work under this contract within 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 not later than 615 calendar days. The time stated for completion shall include final cleanup of the premises.

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 $530.00 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.

52.222-59 COMPLIANCE WITH LABOR LAWS (EXECUTIVE ORDER 13673) (DEC 2016)

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

Administrative merits determination means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

Agency labor compliance advisor (ALCA) means the senior official designated in accordance with E.O. 13673.

ALCAs are listed at www.dol.gov/fairpayandsafeworkplaces.

Arbitral award or decision means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award ordecision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

Civil judgment means any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

DOL Guidance means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

Enforcement agency means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also

Section 00 73 00 Appendix B – Page 1 of 2

Section 00 73 00 Appendix B – Page 2 of 2

Entrance to Fort Shafter is through Buckner Gate.

Due to heightened security, please have the following items available to provide to the guard:

1) valid drivers license;

2) vehicle registration;

3) certificate of insurance; and

4) current safety inspection.

All passengers must have a current photo ID.

Individuals renting a car will need to provide:

1) valid drivers license; and

2) rental car agreement.

Please allow sufficient time to be allowed on post and to find parking. (At least 1 hour)

Section 00 73 00, Appendix C – Page 1 of 1

Kikiaola Light Draft Harbor Maintenance Dredging, Kauai, Hawaii W9128A‐17‐B‐0004

RFI # Question Government Response 1 Do you have any size analysis on the material to be dredged? Particle size distribution analysis evaluated the sediment composition by percentages with respect to six components: gravel, coarse sand, medium sand, fine sand, silt, and clay. Various samples taken were found to be composed of medium sand (32.4%), fine sand (26.5-90.9%), clay (28-28.6%) and silt (20.8-34.1%).

2 Since this is on the south side of the Island are the wave conditions less in the winter months?

Kikiaola Harbor is on the southwest side of Kauai. Wave energy coming from the northwest has been observed to "wrap" around the island and affect the project site during winter months.

3 We anticipate using a very small 8” dredge. It is a cutterhead dredge and we can disable the cutterhead so it does not rotate. Is this even an issue on this small a dredge?

Cutterhead dredge is not allowed per the Endangered Species Act.

4 Just wanted to verify. All this material must be taken to Kekaha Landfill and the Landfill tipping fee quoted to me is $119/ton. Does the Corps have a special rate with the landfill that is lower than this rate?

Please see Am-0001. Sheet CS104 has been revised under work task item note 4: "Following the dewatering of dredge material to a moisture content of 5% or less, the material will be transported to the Kekaha Landfill at no tipping fee."

5 On page 3 of Section 00 21 13 there are areas to be filled in. Should offeror’s complete this section and include in with our proposal? If so, shall we include it under the tab for Reps & Certs?

Please see Am-0001, FAR clause 52.222-57 is deleted from Section 00 21 13 and added to Section 00 45 00. This clause should be completed and submitted as a part of Section 00 45 00 - Representations and Certifications.

6 On page 2 of Section 00 45 00, "(xvi) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017." Being as this is incorporated by reference, do offeror’s need to print, complete, and include the full version of this FAR clause with their offers?

Yes.

Section 00 73 00, Appendix D

KIKIAOLA DREDGING KIKIAOLA1

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 35 26

GOVERNMENTAL SAFETY REQUIREMENTS

PART 1 GENERAL

1.1 REFERENCES

1.2 DEFINITIONS

1.2.1 Competent Person (CP)

1.2.2 Competent Person, Confined Space

1.2.3 Competent Person, Rigging

1.2.4 Competent Person, Excavation/Trenching

1.2.5 Competent Person, Fall Protection

1.2.6 Competent Person (CP) Trainer

1.2.7 High Risk Activities

1.2.8 High Visibility Accident

1.2.9 Load Handling Equipment (LHE)

1.2.10 Medical Treatment

1.2.11 Near Miss

1.2.12 Operating Envelope

1.2.13 Qualified Person (QP)

1.2.14 Qualified Person, Fall Protection (QP for FP)

1.2.15 Recordable Injuries or Illnesses

1.2.16 USACE Property and Equipment

1.2.17 Load Handling Equipment (LHE) Accident or Load Handling

Equipment Mishap

1.3 SUBMITTALS

1.4 MONTHLY EXPOSURE REPORTS

1.5 REGULATORY REQUIREMENTS

1.6 SITE QUALIFICATIONS, DUTIES, AND MEETINGS

1.6.1 Personnel Qualifications

1.6.1.1 Site Safety and Health Officer (SSHO)

1.6.1.2 Contractor Quality Control (QC) Manager:

1.6.1.3 Competent Person Qualifications

1.6.1.3.1 Competent Person for Confined Space Entry

1.6.1.3.2 Competent Person for Fall Protection

1.6.1.4 Qualified Trainer Requirements

1.6.1.5 Crane Operators/Riggers

1.6.2 Personnel Duties

1.6.2.1 Duties of the Site Safety and Health Officer (SSHO)

1.6.3 Meetings

1.6.3.1 Preconstruction Conference

1.6.3.2 Safety Meetings

1.7 ACCIDENT PREVENTION PLAN (APP)

1.7.1 Names and Qualifications

1.7.2 Plans

1.7.2.1 Confined Space Entry Plan

1.7.2.2 Standard Lift Plan (SLP)

1.7.2.3 Critical Lift Plan - Crane or Load Handling Equipment

1.7.2.4 Fall Protection and Prevention (FP&P) Plan

SECTION 01 35 26 Page 1

1.7.2.5 Rescue and Evacuation Plan

1.7.2.6 Hazardous Energy Control Program (HECP)

1.7.2.7 Excavation Plan

1.8 ACTIVITY HAZARD ANALYSIS (AHA)

1.8.1 AHA Management

1.8.2 AHA Signature Log

1.9 DISPLAY OF SAFETY INFORMATION

1.9.1 Safety Bulletin Board

1.9.2 Safety and Occupational Health (SOH) Deficiency Tracking System

1.10 SITE SAFETY REFERENCE MATERIALS

1.11 EMERGENCY MEDICAL TREATMENT

1.12 NOTIFICATIONS and REPORTS

1.12.1 Mishap Notification

1.12.2 Accident Reports

1.12.3 LHE Inspection Reports

1.12.4 Certificate of Compliance and Pre-lift Plan/Checklist for LHE and Rigging

1.13 HOT WORK

1.13.1 Permit and Personnel Requirements

1.14 CONFINED SPACE ENTRY REQUIREMENTS.

1.14.1 Entry Procedures

1.14.2 Forced Air Ventilation

1.14.3 DELETED

1.14.4 Rescue Procedures and Coordination with Local Emergency

Responders

1.15 DELETED

1.16 SEVERE STORM PLAN

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 CONSTRUCTION AND OTHER WORK

3.1.1 Worksite Communication

3.1.2 Hazardous Material Exclusions

3.1.3 Unforeseen Hazardous Material

3.2 PRE-OUTAGE COORDINATION MEETING

3.3 CONTROL OF HAZARDOUS ENERGY (LOCKOUT/TAGOUT)

3.4 FALL PROTECTION PROGRAM

3.4.1 Training

3.4.2 Fall Protection Equipment and Systems

3.4.2.1 Additional Personal Fall Protection

3.4.2.2 Personal Fall Protection Harnesses

3.4.3 Horizontal Lifelines (HLL)

3.4.4 Guardrails and Safety Nets

3.4.5 Rescue and Evacuation Plan and Procedures

3.5 EQUIPMENT

3.5.1 Material Handling Equipment (MHE)

3.5.2 Load Handling Equipment (LHE)

3.5.3 Machinery and Mechanized Equipment

3.5.4 USE OF EXPLOSIVES

-- End of Section Table of Contents --

SECTION 01 35 26 Page 2

SECTION 01 35 26

GOVERNMENTAL SAFETY REQUIREMENTS

PART 1 GENERAL

1.1 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.

AMERICAN SOCIETY OF SAFETY ENGINEERS (ASSE/SAFE)

ASSE/SAFE A10.34 (2001; R 2012) Protection of the Public on or Adjacent to Construction Sites

ASSE/SAFE A10.44 (2014) Control of Energy Sources (Lockout/Tagout) for Construction and Demolition Operations

ASSE/SAFE Z244.1 (2003; R 2014) Control of Hazardous Energy Lockout/Tagout and Alternative Methods

ASSE/SAFE Z359.0 (2012) Definitions and Nomenclature Used for Fall Protection and Fall Arrest

ASSE/SAFE Z359.1 (2007) Safety Requirements for Personal Fall Arrest Systems, Subsystems and Components

ASSE/SAFE Z359.11 (2014) Safety Requirements for Full Body Harnesses

ASSE/SAFE Z359.12 (2009) Connecting Components for Personal Fall Arrest Systems

ASSE/SAFE Z359.13 (2013) Personal Energy Absorbers and Energy Absorbing Lanyards

ASSE/SAFE Z359.14 (2014) Safety Requirements for Self-Retracting Devices for Personal Fall Arrest and Rescue Systems

ASSE/SAFE Z359.15 (2014) Safety Requirements for Single Anchor Lifelines and Fall Arresters for Personal Fall Arrest Systems

ASSE/SAFE Z359.2 (2007) Minimum Requirements for a Comprehensive Managed Fall Protection Program

ASSE/SAFE Z359.3 (2007) Safety Requirements for Positioning and Travel Restraint Systems

ASSE/SAFE Z359.4 (2013) Safety Requirements for

SECTION 01 35 26 Page 3

Assisted-Rescue and Self-Rescue Systems, Subsystems and Components

ASSE/SAFE Z359.6 (2009) Specifications and Design Requirements for Active Fall Protection Systems

ASSE/SAFE Z359.7 (2011) Qualification and Verification Testing of Fall Protection Products

ASME INTERNATIONAL (ASME)

ASME B30.20 (2013; INT Oct 2010 - May 2012) Below-the-Hook Lifting Devices

ASME B30.22 (2010) Articulating Boom Cranes

ASME B30.26 (2015; INT Jun 2010 - Jun 2014) Rigging Hardware

ASME B30.3 (2012) Tower Cranes

ASME B30.5 (2014) Mobile and Locomotive Cranes

ASME B30.9 (2014; INT Feb 2011 - Nov 2013) Slings

NATIONAL FIRE PROTECTION ASSOCIATION (NFPA)

NFPA 10 (2013) Standard for Portable Fire Extinguishers

NFPA 241 (2013; Errata 2015) Standard for Safeguarding Construction,Alteration, and Demolition Operations

NFPA 51B (2014) Standard for Fire Prevention During Welding, Cutting, and Other Hot Work

NFPA 70 (2014; AMD 1 2013; Errata 1 2013; AMD 2 2013; Errata 2 2013; AMD 3 2014; Errata 3-4 2014; AMD 4-6 2014) National Electrical Code

NFPA 70E (2015; ERTA 1 2015) Standard for Electrical Safety in the Workplace

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 (2014) Safety and Health Requirements Manual

U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)

29 CFR 1910 Occupational Safety and Health Standards

29 CFR 1910.146 Permit-required Confined Spaces

29 CFR 1910.147 Control of Hazardous Energy (Lock Out/Tag Out)

SECTION 01 35 26 Page 4

29 CFR 1910.333 Selection and Use of Work Practices

29 CFR 1915 Confined and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard Employment

29 CFR 1915.89 Control of Hazardous Energy (Lockout/Tags-Plus)

29 CFR 1926 Safety and Health Regulations for Construction

29 CFR 1926.1400 Cranes and Derricks in Construction

29 CFR 1926.16 Rules of Construction

29 CFR 1926.450 Scaffolds

29 CFR 1926.500 Fall Protection

CPL 2.100 (1995) Application of the Permit-Required Confined Spaces (PRCS) Standards, 29 CFR 1910.146

1.2 DEFINITIONS

1.2.1 Competent Person (CP)

The CP is a person designated in writing, who, through training, knowledge and experience, is capable of identifying, evaluating, and addressing existing and predictable hazards in the working environment or working conditions that are dangerous to personnel, and who has authorization to take prompt corrective measures with regards to such hazards.

1.2.2 Competent Person, Confined Space

The CP, Confined Space, is a person meeting the competent person requirements as defined EM 385-1-1 Appendix Q, with thorough knowledge of OSHA’s Confined Space Standard, 29 CFR 1910 .146, and designated in writing to be responsible for the immediate supervision, implementation and monitoring of the confined space program, who through training, knowledge and experience in confined space entry is capable of identifying, evaluating and addressing existing and potential confined space hazards and, who has the authority to take prompt corrective measures with regard to such hazards.

1.2.3 Competent Person, Rigging

The CP and Rigging, as defined in EM 385-1-1 Appendix Q, is a person meeting the competent person, who has been designated in writing to be responsible for the immediate supervision, implementation and monitoring of the Rigging Program, who through training, knowledge and experience in rigging is capable of identifying, evaluating and addressing existing and potential hazards and, who has the authority to take prompt corrective measures with regard to such hazards.

SECTION 01 35 26 Page 5

1.2.4 Competent Person, Excavation/Trenching

A CP, Excavation/Trenching, is a person meeting the competent person requirements as defined in EM 385-1-1 Appendix Q and 29 CFR 1926 , who has been designated in writing to be responsible for the immediate supervision, implementation and monitoring of the excavation/trenching program, who through training, knowledge and experience in excavation/trenching is capable of identifying, evaluating and addressing existing and potential hazards and, who has the authority to take prompt corrective measures with regard to such hazards.

1.2.5 Competent Person, Fall Protection

The CP, Fall Protection, is a person meeting the competent person requirements as defined in EM 385-1-1 Appendix Q and in accordance with ASSE/SAFE Z359.0 , who has been designated in writing by the employer to be responsible for immediate supervising, implementing and monitoring of the fall protection program, who through training, knowledge and experience in fall protection and rescue systems and equipment, is capable of identifying, evaluating and addressing existing and potential fall hazards and, who has the authority to take prompt corrective measures with regard to such hazards.

1.2.6 Competent Person (CP) Trainer

A competent person trainer as defined in EM 385-1-1 Appendix Q, who is qualified in the material presented, and who possesses a working knowledge of applicable technical regulations, standards, equipment and systems related to the subject matter on which they are training Competent Persons. A competent person trainer must be familiar with the typical hazards and the equipment used in the industry they are instructing. The training provided by the competent person trainer must be appropriate to that specific industry. The competent person trainer must evaluate the knowledge and skills of the competent persons as part of the training process.

1.2.7 High Risk Activities

High Risk Activities are activities that involve work at heights, crane and rigging, excavations and trenching, scaffolding, electrical work, and confined space entry.

1.2.8 High Visibility Accident

A High Visibility Accident is any mishap which may generate publicity or high visibility.

1.2.9 Load Handling Equipment (LHE)

LHE is a term used to describe cranes, hoists and all other hoisting equipment (hoisting equipment means equipment, including crane, derricks, hoists and power operated equipment used with rigging to raise, lower or horizontally move a load).

1.2.10 Medical Treatment

Medical Treatment is treatment administered by a physician or by registered professional personnel under the standing orders of a physician. Medical treatment does not include first aid treatment even

SECTION 01 35 26 Page 6 through provided by a physician or registered personnel.

1.2.11 Near Miss

A Near Miss is a mishap resulting in no personal injury and zero property damage, but given a shift in time or position, damage or injury may have occurred (e.g., a worker falls off a scaffold and is not injured; a crane swings around to move the load and narrowly misses a parked vehicle).

1.2.12 Operating Envelope

The Operating Envelope is the area surrounding any crane or load handling equipment. Inside this "envelope" is the crane, the operator, riggers and crane walkers, other personnel involved in the operation, rigging gear between the hook, the load, the crane's supporting structure (i.e. ground or rail), the load's rigging path, the lift and rigging procedure.

1.2.13 Qualified Person (QP)

The QP is a person designated in writing, who, by possession of a recognized degree, certificate, or professional standing, or extensive knowledge, training, and experience, has successfully demonstrated their ability to solve or resolve problems related to the subject matter, the work, or the project.

1.2.14 Qualified Person, Fall Protection (QP for FP)

A QP for FP is a person meeting the requirements of EM 385-1-1 Appendix Q, and ASSE/SAFE Z359.0 , with a recognized degree or professional certificate and with extensive knowledge, training and experience in the fall protection and rescue field who is capable of designing, analyzing, and evaluating and specifying fall protection and rescue systems.

1.2.15 Recordable Injuries or Illnesses

Recordable Injuries or Illnesses are any work-related injury or illness that results in:

a. Death, regardless of the time between the injury and death, or the length of the illness;

b. Days away from work (any time lost after day of injury/illness onset);

c. Restricted work;

d. Transfer to another job;

e. Medical treatment beyond first aid;

f. Loss of consciousness; or

g. A significant injury or illness diagnosed by a physician or other licensed health care professional, even if it did not result in (a) through (f) above.

1.2.16 USACE Property and Equipment

Interpret "USACE" property and equipment specified in USACE EM 385-1-1 as

SECTION 01 35 26 Page 7

Government property and equipment.

1.2.17 Load Handling Equipment (LHE) Accident or Load Handling Equipment Mishap

A LHE accident occurs when any one or more of the eight elements in the operating envelope fails to perform correctly during operation, including operation during maintenance or testing resulting in personnel injury or death; material or equipment damage; dropped load; derailment;

two-blocking; overload; or collision, including unplanned contact between the load, or other objects. A dropped load, derailment, two-blocking, overload and collision are considered accidents, even though no material damage or injury occurs. A component failure (e.g., motor burnout, gear tooth failure, bearing failure) is not considered an accident solely due to material or equipment damage unless the component failure results in damage to other components (e.g., dropped boom, dropped load, or roll over). Document any mishap that meets the criteria described in the Contractor Significant Incident Report (CSIR) using the Crane High Hazard working group mishap reporting form .

1.3 SUBMITTALS

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

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

SD-01 Preconstruction Submittals

Accident Prevention Plan (APP); G

SD-06 Test Reports

Monthly Exposure Reports

Notifications and Reports

Accident Reports; G

LHE Inspection Reports

SD-07 Certificates

Crane Operators/Riggers

Standard Lift Plan; G

Critical Lift Plan ; G

Activity Hazard Analysis (AHA); G

Confined Space Entry Permit

Hot Work Permit

Certificate of Compliance

SECTION 01 35 26 Page 8

1.4 MONTHLY EXPOSURE REPORTS

Provide a Monthly Exposure Report and attach to the monthly billing request. This report is a compilation of employee-hours worked each month for all site workers, both Prime and subcontractor. Failure to submit the report may result in retention of up to 10 percent of the voucher.

1.5 REGULATORY REQUIREMENTS

In addition to the detailed requirements included in the provisions of this contract, comply with the most recent edition of USACE EM 385-1-1 , and the applicable federal, state, and local laws, ordinances, criteria, rules and regulations. Submit matters of interpretation of standards to the appropriate administrative agency for resolution before starting work. Where the requirements of this specification, applicable laws, criteria, ordinances, regulations, and referenced documents vary, the most stringent requirements govern.

1.6 SITE QUALIFICATIONS, DUTIES, AND MEETINGS

1.6.1 Personnel Qualifications

1.6.1.1 Site Safety and Health Officer (SSHO)

Provide an SSHO that meets the requirements of EM 385-1-1 Section 1. The SSHO must ensure that the requirements of 29 CFR 1926.16 are met for the project. Provide a Safety oversight team that includes a minimum of one

(1) person at each project site to function as the Site Safety and Health Officer (SSHO). The SSHO or an equally-qualified Alternate SSHO must be at the work site at all times to implement and administer the Contractor's safety program and government-accepted Accident Prevention Plan. The SSHO and Alternate SSHO must have the required training, experience, and qualifications in accordance with EM 385-1-1 Section 01.A.17, and all associated sub-paragraphs.

If the SSHO is off-site for a period longer than 24 hours, an equally-qualified alternate SSHO must be provided and must fulfill the same roles and responsibilities as the primary SSHO. When the SSHO is temporarily (up to 24 hours) off-site, a Designated Representative (DR), as identified in the AHA may be used in lieu of an Alternate SSHO, and must be on the project site at all times when work is being performed.

Note that the DR is a collateral duty safety position, with safety duties in addition to their full time occupation.

1.6.1.2 Contractor Quality Control (QC) Manager:

The Contractor Quality Control Manager can be the SSHO on this project.

1.6.1.3 Competent Person Qualifications

Provide Competent Persons in accordance with EM 385-1-1 , Appendix Q and herein. Competent Persons for high risk activities include confined space, cranes and rigging, excavation/trenching, fall protection, and electrical work. The CP for these activities must be designated in writing, and meet the requirements for the specific activity (i.e.

competent person, fall protection).

The Competent Person identified in the Contractor's Safety and Health Program and accepted Accident Prevention Plan, must be on-site at all

SECTION 01 35 26 Page 9 times when the work that presents the hazards associated with their professional expertise is being performed. Provide the credentials of the Competent Persons(s) to the the Contracting Officer for information in consultation with the Safety Office.

1.6.1.3.1 Competent Person for Confined Space Entry

Provide a Confined Space (CP) Competent Person who meets the requirements of EM 385-1-1, Appendix Q, and herein. The CP for Confined Space Entry must supervise the entry into each confined space.

Since this work involves marine operations that handle combustible or hazardous materials, this person must have the ability to understand and follow through on the air sampling, Personal Protective Equipment (PPE), and instructions of a Marine Chemist, Coast Guard authorized persons, or Certified Industrial Hygienist.