A.2.11.3.1 W9128AR0012 AM-0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

1. CONTRACT ID CODE PAGE OF PAGES

J 1 40

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 W9128A22R0012

X 9B. DATED (SEE ITEM 11)

25-Mar-2022

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 X is extended, is not extended.

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

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

FY22 Meck Island, (USAG-KA) Electrical Distribution System, U.S. Missile Defense Agency Republic of the Marshall Islands The purpose of this amendment is to incorporate the offeror acceptance period of 120 calendar days; updated Attachment B_COVID 19 Travel Advisory_05April2022; revisions to Section 00 10 00 Proposal Schedule; delete Section 00 73 00 Other Conditions K-14, K-30, and K-35; and add RFIs as of 12 April 2022; and Attachment G_Meck LSA Feb 2022 to Section 00 73 00.

The proposal due date has been extended from 09 May 2022, 2:00 p.m. Hawaii Standard Time (HST) to 20 May 2022, 2:00 p.m. HST. All other terms and conditions remain unchanged.

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.

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO.

AM-0001

5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

21-Apr-2022

CODE

CONTRACTING DIVISION

USAED, HONOLULU

BLDG 230, ROOM 103

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:

W9128A22R0012

AM-0001

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 01 10 - TABLE OF CONTENTS

The following have been modified:

MAIN TABLE OF CONTENTS

MAIN TABLE OF CONTENTS

Request for Proposal (RFP) No. W9128A22R0012

Design-Bid-Build FY22 Meck Island, (USAG-KA) Electrical Distribution System, U.S. Missile Defense Agency Republic of the Marshall Islands

Section 00 10 00 SF 1442 and Proposal Schedule Section 00 22 16 Instructions, Conditions and Notices to Offerors Section 00 45 00 Representations and Certifications Section 00 72 00 Contract Clauses Section 00 73 00 Special Contract Requirements

Division 01 thru 33

Appendix A

Attachment A, UES 16 Ed Final 18Feb2021 Attachment B, COVID-19 Travel Advisory 35_31Jan22 COVID 19 Travel Advisory_05April2022 Attachment C, ECB_Project Signage Attachment D, USAG-KA Quarantine Expectation Letter V4.2 30 March 2021 Attachment E, USAGKA Installation Design Guide 2021-10 for DB ktr ref Attachment F USAG-Kwajalein Atoll FY22 Catalog of Services – FINAL Attachment G Meck LSA Feb 2022_Avs Attachment H RFIs as of 12 April 2022

Meck CPP Div 01_28Aug20 322-1905_Specifications_2022-01

RTA 100% Design Submittal_Drawings with Option1

SECTION 00 10 00 - SOLICITATION

The required response date/time has changed from 09-May-2022 02:00 PM to 20-May-2022 02:00 PM.

The offeror acceptance period 120 has been added.

The following have been modified:

PROPOSAL SCHEDULE

PROPOSAL SCHEDULE

FY22 Electrical Distribution System Meck Island (USAG-KA), Missile Defense Agency

Republic of the Marshall Islands

CLIN DESCRIPTION QTY/UNIT/AMOUNT

BASE SCHEDULE:

0001 Repair Electrical Distribution Replace the 4,160 V medium voltage (MV) electrical distribution system located at Meck Island, U.S. Army Garrison – Kwajalein Atoll, Republic of the Marshall Islands 1 Job $_________

0002 Deleted Logistics Support Contractor(LSC)for CLIN 0001 1 Job $_________

0003 All clearing, site preparation, labor, and Materials associated with construction of the new PDC structural equipment pad and future B5098 unit sub and tech 1 & 2 unit sub. 1 Job $_________

0004 Logistics Support Contractor(LSC)for CLIN 00021 and 0003 1 Job $_________

TOTAL BASE SCHEDULE (CLINs 0001, 0003, 0004) $_________

OPTION SCHEDULE:

Option No. 1:

1001 Option 1: Replace existing primary and secondary substation and distribution equipment from the B5050 Main Electrical Room 1 Job $_________

1002 Logistics Support Contractor 1 Job $_________ (LSC)for CLIN 0003 1001

TOTAL OPTION SCHEDULE $__________

(CLINS 1001 and 1002)

TOTAL BASE SCHEDULE $__________

(CLINS 0001, 0002, 0003, and 0004)

TOTAL BASE AND OPTION SCHEDULES $__________

THE FOLLOWING WILL BE COMPLETED BY CONTRACTING OFFICER UPON AWARD:

TOTAL AWARD AMOUNT (TOTAL BASE PLUS OPTION SCHEDULES NOS.________) $__________

NOTES FOR PROPOSAL SCHEDULE

NOTE No. 1. Offeror must insert a price on all numbered items in the Proposal Schedule. Failure to do so may cause the Offeror to be ineligible for award.

NOTE No. 2. Evaluation of the Proposal Schedule will be based on the line “TOTAL BASE AND OPTION SCHEDULES” in accordance with FAR 52.217-5.

NOTE No. 3. By submission of an offeror under the OPTION SCHEDULE, Offeror agrees that the Government may exercise CLINs 1001 and 1002 provided that the Government gives the Contractor a preliminary written notice of its intent at least 270 days in advance of the contract completion date. The inclusion of option(s) does not commit the Government to exercise the option(s).

NOTE No. 4. CLIN 0001 includes: All work required to demolish, remove and provide, test, and commission existing primary and secondary electrical distribution equipment at B5030, B5040, B5041, B5065, B5070, B5080, B5095, B5102, B5128 as indicated in the plans and specifications; Procure, deliver, install, test, and commission a new main distribution switchgear system (PDC);

Procure, deliver, install, test, and commission new breakers, enclosures, and supporting equipment to extend the B5030 switchgear bus, adding two breaker sections; Provide new feeders and supporting infrastructure to connect the B5030 paralleling switchgear lineup to the new PDC as shown in the plans and specifications; Demolish and dispose of the existing B5020 switchgear and enclosure;

Remove and dispose existing HVPS 1 and HVPS 2 feeders; Remove existing, dispose, and provide new Tech 1, Tech 2, and Area Utility feeders; Provide new duct banks as indicted in the plans and specifications; Remove existing and provide new feeders (MICB 1, MICB 2) servicing the existing B5050 SWGR #1; Provide all labor, materials, and equipment required to remove existing primary feeders from SWGR #1, field determine routing into the existing SWGR #1, and terminate / test / and energize new feeders into existing the B5050 SWGR #1 with feed from the Contractor provided PDC; Install fiber optic cable and 2 conduit between the PDC and JCI microgrid controller as indicated on TN501, TN504, and TN601; Modify MGC specification to include serial protocol configuration for the required meters, fiber to serial convertors and MGC configuration changes to map the new meter communications; Decommission the meter configurations in the MGC for the B5020 switchgear; Provide the balance of communications conduits connecting to new load substations with pull strings to support future fiber optic cable installation; Provide the PDC in a with all protective relays and meter connected to the signal marshalling cabinet shown on sheets TN504 and TN505; Communications protocol configurations for the protective relays and meters supporting these IP connections will not be done; Provide networking equipment as indicated on sheets TN504 and TN505; Network equipment configurations will be default factory settings; Provide bulk fuel system monitoring, PA, and Dedicated Communications systems as indicated in the contract documents; The bulk fuel system monitoring will be SCADA ready, but will not communicate with a SCADA system or operator interface.

NOTE No. 5 CLIN 00032 includes: All clearing, site preparation, labor, and Materials associated with construction of the new PDC structural equipment pad and future B5098 unit sub and tech 1 & 2 unit sub.

NOTE No. 6 CLIN 1001 0003 includes: Remove existing primary and secondary substation and distribution equipment from the B5050 Main Electrical Room as indicated in the plans and specifications; Procure, deliver, install, test, and commission the replacement B5050 primary and secondary substation equipment as indicated in the plans and specifications; Connect the replacement B5050 primary substation to the new feeders provided under the base bid as indicated in the plans and specifications; Integrate the B5050 primary substation into the SCADA system; Provide SCADA hardware, communications media, equipment, testing, and commissioning as indicated on sheets EI501, T-101, TN503, TN507, TN508, TN602 and in the design technical specifications as required to deliver a complete and useable SCADA system;

Integrate the existing MGC Ethernet network with the new SCADA Ethernet network providing a MGC gateway to pass information to the SCADA system;

Provide MGC configuration changes to support the new IP meter communications and SCADA gateway.

NOTE No. 7 LSC Support Services (See Section 00 72 00, K-14 00 73 00, K-32).

NOTE No. 8. Offeror must insert a price on all numbered items in the Proposal Schedule. Failure to do so may cause the Offeror to be ineligible for award.

NOTE No. 9. Evaluation of the Proposal Schedule will be based on the line “TOTAL BASE AND OPTION SCHEDULES” in accordance with FAR 52.217-5.

NOTE No. 10. By submission of an offeror under the OPTION SCHEDULE, Offeror agrees that the Government may exercise CLINs 0003 and 0003AA provided that the Government gives the Contractor a preliminary written notice of its intent at least 90 days in advance of the contract completion date. The inclusion of option(s) does not commit the Government to exercise the option(s).

END OF PROPOSAL SCHEDULE

PAYMENT(S)

Compensation for all work to be performed under this contract 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 the drawings and specifications are not particularly mentioned shall be included in and be paid for under the contract price for the item to which the work pertains. Prices(s) and payment(s) for the item(s) shall cover all work, complete and finished in accordance with the specifications, schedules, and drawings, and shall be full compensation for all work in connection therewith, including quality control and cost performance-and payment-bond premiums as specified in the CONTRACT CLAUSES. Price(s) and payment(s) shall constitute full and final compensation for furnishing all materials, equipment, management, supervision, labor, transportation, fuel, power, water, and all incidental items necessary to complete the work, except as otherwise specified to be furnished by the Government. For the purpose of CONTRACT CLAUSE entitled "PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS", the term "designated billing office" and "designated payment office" are as follows:

a . Billing Office U.S. Army Corps of Engineers, Honolulu District Kwajalein Resident Office, Bldg 1075

PSC 701

APO, AP 96555

b. Payment Office USACE Finance Center Attn: CEFC-FP 5722 Integrity Drive Millington, TN 38054-5005

Item number mentioned hereinafter correspond to the item number in the PROPOSAL SCHEDULE.

CLIN 0001, All work required to demolish, remove and provide, test, and commission existing primary and secondary electrical distribution equipment at B5030, B5040, B5041, B5065, B5070, B5080, B5095, B5102, B5128 as indicated in the plans and specifications; Procure, deliver, install, test, and commission a new main distribution switchgear system (PDC); Procure, deliver, install, test, and commission new breakers, enclosures, and supporting equipment to extend the B5030 switchgear bus, adding two breaker sections; Provide new feeders and supporting infrastructure to connect the B5030 paralleling switchgear lineup to the new PDC as shown in the plans and specifications; Demolish and dispose of the existing B5020 switchgear and enclosure; Remove and dispose existing HVPS 1 and HVPS 2 feeders; Remove existing, dispose, and provide new Tech 1, Tech 2, and Area Utility feeders; Provide new duct banks as indicted in the plans and specifications; Remove existing and provide new feeders (MICB 1, MICB 2) servicing the existing B5050 SWGR #1; Provide all labor, materials, and equipment required to remove existing primary feeders from SWGR #1, field determine routing into the existing SWGR #1, and terminate / test / and energize new feeders into existing the B5050 SWGR #1 with feed from the Contractor provided PDC; Install fiber optic cable and 2 conduit between the PDC and JCI microgrid controller as indicated on TN501, TN504, and TN601; Modify MGC specification to include serial protocol configuration for the required meters, fiber to serial convertors and MGC configuration changes to map the new meter communications; Decommission the meter configurations in the MGC for the B5020 switchgear; Provide the balance of communications conduits connecting to new load substations with pull strings to support future fiber optic cable installation; Provide the PDC in a with all protective relays and meter connected to the signal marshalling cabinet shown on sheets TN504 and TN505; Communications protocol configurations for the protective relays and meters supporting these IP connections will not be done; Provide networking equipment as indicated on sheets TN504 and TN505; Network equipment configurations will be default factory settings; Provide bulk fuel system monitoring, PA, and Dedicated Communications systems as indicated in the contract documents; The bulk fuel system monitoring will be SCADA ready, but will not communicate with a SCADA system or operator interface.

CLIN 0002, LSC for CLIN 0001, will be paid for at the contract price, including all incidental items necessary to complete the work.

CLIN 0003 All clearing, site preparation, labor, and Materials associated with construction of the new PDC structural equipment pad and future B5098 unit sub and tech 1 & 2 unit sub.

CLIN 0004 LSC for CLIN 0002 0001 and 0003, will be paid for at the contract price, including all incidental items necessary to complete the work.

OPTIONS

OPTION No. 1

CLIN 1001 Remove existing primary and secondary substation and distribution equipment from the B5050 Main Electrical Room as indicated in the plans and specifications; Procure, deliver, install, test, and commission the replacement B5050 primary and secondary substation equipment as indicated in the plans and specifications; Connect the replacement B5050 primary substation to the new feeders provided under the base bid as indicated in the plans and specifications; Integrate the B5050 primary substation into the SCADA system; Provide SCADA hardware, communications media, equipment, testing, and commissioning as indicated on sheets EI501, T-101, TN503, TN507, TN508, TN602 and in the design technical specifications as required to deliver a complete and useable SCADA system;

Integrate the existing MGC Ethernet network with the new SCADA Ethernet network providing a MGC gateway to pass information to the SCADA system;

Provide MGC configuration changes to support the new IP meter communications and SCADA gateway.

CLIN 1002 LSC for CLIN 1001, will be paid for at the contract price, including all incidental items necessary to complete the work.

SECTION 00 73 00 - SUPPLEMENTARY CONDITIONS

The following have been modified:

OTHER CONDITIONS

K-1 COST BREAKDOWN AND OTHER PROPOSAL DOCUMENTS

(As applicable for individual task orders)

(NOTE: THIS INFORMATION NEED NOT BE FURNISHED WITH OFFER. THE CONTRACTING OFFICER

WILL REQUEST COST BREAKDOWN IF REQUIRED.)

This information should not be furnished with the initial offer, but all offerors should have this information in the specified formats ready to be submitted. Upon receipt of request, offerors shall provide their cost breakdown within seventy-two (72) hours in the formats of Exhibits 1 and 2, at the end of this section. If there is major subcontracting, offerors may subsequently be requested to submit an additional breakdown in the format of Exhibit 3 for subcontracted work, also within 72 hours upon request. Offerors may also be requested to furnish any of the following: LABOR COSTS (crafts to be used, basic labor rates, labor taxes and insurance, fringe benefits, and estimated man-hours for each craft); MATERIAL COSTS (estimated quantities and unit prices of materials to be issued or incorporated in the work); CONSTRUCTION EQUIPMENT COSTS) hourly ownership rate for contractor-owned equipment, hourly rental rates for equipment to be leased or rented; the number of hours each piece of equipment is anticipated to be used on the project, and hourly operating cost); OVERHEAD COSTS (jobsite and home office G&A); MOBILIZATION AND DEMOBILIZATION COSTS; and other mark- ups (bonds, profit, etc).

[End of Statement]

K-2 RESTRICTIONS ON AWARD

(a) In view of stringent security considerations at Kwajalein Atoll, a contract under this solicitation shall be awarded only to a United States contractor or to a Marshall Islands contractor.

(b) Definitions. The following terms, as used in this clause only, shall have the following meanings:

(1) "Person" means an individual.

(2) "Firm" means a corporation or partnership.

(3) "Joint Venture" means more than one firm and/or person agreeing to submit a joint proposal under this solicitation.

(4) "United States" means the 50 states, the District of Columbia, Puerto Rico, the Commonwealth of the Northern Mariana Islands, and possessions as defined in FAR 2.101.

(5) "State" means any of the 50 States, the District of Columbia, Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, American Samoa, or Guam.

(c) To qualify as a United States or Marshall Islands contractor, a person must be a citizen of the United States or the Republic of the Marshall Islands and, at the time of submitting a proposal under this solicitation, must comply with all of the following:

(1) At least 80 percent of the principal management personnel employed in the United States and/or the Marshall Islands by that person shall be citizens of the United States or the Republic of the Marshall Islands;

(2) More than half of the permanent full time personnel employed in the United States and/or the Marshall Islands by that person shall be citizens of the United States or the Republic of the Marshall Island; and

(d) To qualify as a United States or Marshall Islands contractor, a firm must be incorporated in or organized under the laws of a State or the Republic of the Marshall Islands and, at the time of submitting a proposal under this solicitation, must comply with all of the following:

(1) The firm's principal place of business and headquarters shall have been in the United States or the Republic of the Marshall Islands for a minimum of two calendar years immediately preceding this solicitation;

(2) Tax returns, if required, shall have been filed by that firm in the United States or in the Republic of the Marshall Islands for a minimum of two tax years immediately preceding this solicitation;

(3) For a minimum of two full years immediately preceding the issuance of this solicitation (i) if that firm is a corporation, a continuous majority of the corporate officers shall have been citizens of the United States or the Republic of the Marshall Islands, or (ii) if that firm is a partnership, all of the general partners shall have been citizens of the United States or the Republic of the Marshall Islands, or shall have been incorporated in or organized under the laws of a State or the Republic of the Marshall Islands and shall meet all the requirements of (d) (1), (d)

(2) and (d) (3) (i) above and (d) (5) below.

(4) That firm must employ citizens of the United States or the Republic of the Marshall Islands in at least 80 percent of its principal management positions in the United States and/or in the Marshall Islands; and

(5) That firm must employ citizens of the United States or the Republic of the Marshall Islands in more than half of its permanent, full-time positions in the United States and/or in the Marshall Islands.

(e) For a joint venture to quality as a United States or Marshall Island contractor, each member of the joint venture must meet all the requirements set out in (c) or (d) above, as appropriate.

(f) In addition, to qualify for award of a contract under this solicitation, a firm or person must have proven, as indicated by prior contracting experience in the United States and/or in the Marshall Islands, that it possesses the technical, managerial, and financial capability to successfully complete a project similar in nature and technical complexity to that described in this solicitation; and it must presently possess the technical, managerial and financial resources in the United States and/or in the Marshall Islands to perform the contract.

(g) Nothing in this provision shall be construed to prohibit award to a joint venture between United States and Marshall Islands contractors, so long as each member of the joint venture meets the criteria otherwise required by this provision.

[End of Statement]

K-3 OFFEROR'S QUALIFICATION

Before an offer is considered for award, the offeror may be requested by the Government to submit a statement regarding its previous experience in performing comparable work, his business and technical organization, financial resources, and plant available to be used in performing the work.

K-4 PRE-PROPOSAL SITE INVESTIGATION AND CONFERENCE (SEP 2015)

(As applicable for individual task orders)

(a) A pre-proposal site investigation and conference will be conducted by the Government on Input date & time. All planholders (prime contractors, subcontractors, and suppliers) are urged to attend. Due tolimited logistical support, only one representative from the prime contractor who has acquired the plans and specifications will be allowed to attend the pre-proposal site investigation and conference.

Representatives who plan to attend will need to contact (input contract specialist and/or contracting officer name) at (e-mail), and provide a completed 55r and Food and Lodging worksheet by Input date.

(b) Upon arrival at the Kwajalein Airport, representatives (planholders) will be met by a Government representative. Planholders are cautioned to schedule flights by contacting their commercial travel agent or United Airlines for arrival at Kwajalein not later than Input date. (Kwajalein time is 22 hours ahead of Hawaiian Standard Time.) Departure from Kwajalein is recommended on Input date.

(c) A tour of the project sites will begin at place at Input date & time.

(d) Any Requests for Information (RFIs) from planholders (including those not attending the conference) concerning the project, plans, or specifications shall be submitted via e-mail on letterhead stationery, 7 days in advance of the conference.

(e) Written RFIs submitted by planholders and answers provided by the Government, will be provided by amendment. Any answers, clarifications, or explanations given at the conference is not binding and will not qualify or change the terms of the RFP (including the plans and specifications), unless the RFP is amended in writing.

(f) Attendance at the pre-proposal site investigation and conference, including transportation and lodging, will be at the expense of the planholder.

[End of Statement]

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 USAG-KA. 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 USAG-KA.

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 USAG-KA 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.

[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 enroute 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

(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 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.

[End of Statement]

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 USAG-KA 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. USAG-KA 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 transportationmust be coordinated through the USAG-KA 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 USAG-KA marine vessels is listed at the end of this section.

(c) Weekly scheduled round trip surface transportation is operated by USAG-KA 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 USAG-KA 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:

(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.

[End of Statement]

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, USAG-KA and by the Contracting Officer.

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-17A MEDICAL AND DENTAL SERVICES

Medical and dental facilities will NOT be made available to Contractor personnel at Kwajalein Island. Financial Policy and Rate Manual (FPRM) dated 1 Oct 05, Section 2-7, subparagraph j does not apply to this contract.

K-18A POSTAL FACILITIES

Postal service, in accordance with regulations promulgated by the U.S. Postal Service, will be available for official business use at Kwajalein Island only. Personal use of the postal service is not allowed. Any abuse of the business use of the postal service may result in the revocation of the privilege at the Contracting Officer’s discretion.

(End of Statement)

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

(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 non-availability 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. 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 Permits at USAG-KA. The above individuals shall have the responsibility for obtaining the necessary signature approvals for the KLS Form 1310, 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 USAG-KA. 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) hours.

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:

(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 theBucholz 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.

(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" 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.

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 fromreceipt 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 USAG-KA operating contractor will be allowed. [End of Statement]

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 referenced in the local clause K- 30, Messing Facilities.

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

The USAG-KA school consisting of an elementary school…