Am_0003.pdf

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

(a) By completing items 8 and 15, and returning or (c) By separate letter or electronic communication 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 letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

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

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

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

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

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

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, 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)

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.

15C. DATE SIGNED

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

16C. DATE SIGNED

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

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

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

Amendment No. 0003

TELLER DAM, FORT CARSON, COLORADO

See attached documentation for content of the amendment changes to RFP

Date for receipt of proposals is 8 APR 2019 at 1400 hours

Government Point of Contact: Ms. Zandra Hearn,Contract Specialist (402) 996-3713

U.S ARMY CORPS OF ENGINEERS, OMAHA DISTRICT

CONTRACTING OFFICE

5475 TECH CENTER DRIVE, SUITE 205

COLORADO SPRINGS, CO 80919

See Item 6

W9128F-19-R-0026

03/26/2019

02/07/2019

03/26/2019

Am #0003 - 2 (Continuation SF 30)

26 March 2019 Solicitation No. W9128F 19 R 0026

Date of Issue: 07 FEB 2019 Date of Receiving Proposals: 8 APR 2019

SUBJECT: Amendment No. 0003 to Request for Proposal Solicitation Package for Construction of TELLER DAM.

TO: Prospective Offerors and Others Concerned

1. The specifications and drawings for subject project are hereby modified as follows (revise all specification indices, attachment lists, and drawing indices accordingly).

a. Specifications (New and/or Revised and Reissued). Delete and substitute or add specification pages as noted below. The substituted pages are revised and reissued with this amendment. For convenience, changes in sections marked with an asterisk below have been identified by underlining (additions) and strikethrough text (deletions). All language in revised sections applies regardless of the accuracy of the identification effort.

Pages Deleted Pages Substituted or Added

00 22 00 00 22 00* 01 30 00.24 01 30 00.24*

CO190022 CO190002

01 57 20.00 10 01 57 20.00 10*

** ** ** 01 57 20.00 10AT2

31 57 10 31 57 10*

2. This amendment is a part of the proposing papers and its receipt shall be acknowledged. All other conditions and requirements of the request for proposal remain unchanged.

3. Electronic Proposals. Provide proposals via the instructions provided in Section 00 22 00 of the Request for Proposal.

4. Offers will be received until 2:00 p.m., local time at place of receiving proposals, 8 APR 2019.

Attachments:

Specification pages listed in 1.a., above

U.S. Army Corps of Engineers, Omaha District 1616 Capitol Avenue Omaha, Nebraska 68102-4901

26 MAR 2019

jlb/2099

00 22 00 – Page 1

SECTION 00 22 00

W9128F-19-R-0026 – PROPOSAL INSTRUCTIONS,

SUBMISSION REQUIREMENTS, AND EVALUATION

1. WHO MAY SUBMIT

This solicitation is unrestricted.

2. GENERAL REQUIREMENTS

In order to effectively and equitably evaluate all proposals, the Contracting Officer must receive information sufficiently detailed to clearly indicate compliance with the proposal submission requirements.

3. SUBMISSION DEADLINE

Proposals shall be received by the USACE Contracting Activity no later than the time and date specified in Block 13 of Standard Form 1442. Proposals shall be submitted electronically to the Contract Specialist per the instructions included in the RFP letter. The Contract Specialist is Ms. Zandra Hearn, zandra.f.hearn@usace.army.mil, 402-996- 3717.

4. SUBMITTAL REQUIREMENTS

Technical proposals shall not be more than 50 pages; 8.5”x 11” page size; font no smaller than 10 size. The requirements specified in the solicitation are considered minimum requirements. A proposal that fails to comply with the minimum technical requirements will not be eligible for award.

SUBMITTAL REQUIREMENTS

Para. 4.1 – Technical Qualifications (Volume 1)

a) Offeror’s Technical Qualifications Para. 4.2 – Pricing (Volume 2)

a) Section 00 10 00, SF1442 Solicitation/Contract Form and Pricing Schedule

PLEASE BE SURE THAT YOUR TECHNICAL PROPOSAL AND PRICING ARE SUBMITTED IN A

SEVERABLE FORM SUCH AS SEPARATE FILES.

4.1 TECHNICAL QUALIFICATIONS

FACTOR 1: EXPERIENCE:

4.1.1 SPECIALIZED EXPERIENCE AND SIMILAR TYPE WORK

Provide descriptions of the contractor team's (prime contractor and/or subcontractors) history of construction projects with: 1) secant pile cutoff walls; 2) grout curtains installed into, under, or adjacent to dam structures; and 3) earthwork on a dam structure. The example construction project(s) must be completed or substantially completed by the construction team and be similar to this project in nature and scope. These descriptions should include at least one (1) project completed for secant pile cutoff wall construction, one (1) project completed for grout curtain installation, and one (1) project competed for earthwork on a dam within the last six (6) years. For clarification, example construction project(s) experience can be all from the same project or from separate projects. The submittal should include at least one (1), but not more than three (3), project descriptions. For each project experience, include the specific scope of work, role on the project, percentage and type of work self-performed, value of the contract (original proposal, bid or estimate and as-constructed), location, start/completion dates, and name and contact details of the owner and designer.

See subsequent sections for definition of similar nature and scopes and required information for the cutoff wall and grout curtain.

Am_0003

00 22 00 – Page 2

4.1.2 SECANT PILE CUTOFF WALL

Similar secant pile cutoff wall experience is defined in this solicitation as meaning construction of dam cutoff walls utilizing secant piles in earth and rock (Sandstone and/or Shale) to depths in excess of 100 feet using equipment and methods proposed for this project. Experience should include at least one (1) previous cutoff wall project in the past six (6) years in which at least 1,500 square yards (measured as depth times profile width) of secant pile cutoff wall were constructed.

4.1.3 GROUT CURTAIN

Similar grout curtain construction experience is defined in this solicitation as meaning installation of a grout curtain in hard rock with open or high permeability jointing and fractures to depths in excess of 100 feet using equipment and methods proposed for this project. Experience should include at least one (1) previous grout curtain project in the past six (6) years in which at least 3,000 linear feet of grout hole was drilled into, under, or adjacent to a dam structure.

4.1.4 EARTHWORK ON A DAM STRUCTURE

Similar earthwork on a dam structure construction experience is defined in this solicitation as meaning any project on a dam structure that involved the placement of embankment fill, excavation and backfilling within the dam structure, or other similar work as specified in this solicitation with a contract cost of at least $1 million.

FACTOR 2: INDIVIDUAL PERSONNEL EXPERIENCE

Individuals proposed for this project who have a history of direct employment with the prime contractor or specialty subcontractor, and who have made significant contributions to the projects described in “Factor 1: Experience” above shall be listed, along with their specific management role or major project component they will be involved

in. Documentation (employment agreements, corporate training certifications, and other verifiable records) shall be provided to verify the individuals’ past experience on the projects cited as part of Factor 1. Key personnel include, but are not limited to the following:

1. On-site Superintendent (in charge of all on-site operations): Must have ten (10) total years of experience as a superintendent on heavy civil construction projects, including the project that meets the definition of Secant Pile Cutoff Wall, Grout Curtain, or Earthwork on A Dam Structure as defined in Section 4.1.2 through 4.1.4 submitted under Factor 1.

2. Project Engineer: Must have five (5) total years of experience as a project manager engineer on heavy civil construction projects, including the project that meets the definition of Secant Pile Cutoff Wall, Grout Curtain, or Earthwork on A Dam Structure as defined in Section 4.1.2 through 4.1.4 submitted under Factor 1.

3. Cutoff Wall Specialist: Must have ten (10) total years of experience in seepage barrier construction (e.g secant pile cutoff, slurry walls, seepage barrier panel wall, etc), including the project that meets the definition of Secant Pile Cutoff wall as defined in Section 4.1.2 submitted under Factor 1.

4. Grouting Engineer/Geologist: Must be a licensed Professional Geologist or Professional Engineer with at least 10 years of experience in grout curtain installation, including at least one project that meets the definition of Grout Curtain as defined in Section 4.1.3.

The offeror must assign key personnel identified in their proposal to the project for the duration of the project. No substitution of these individuals will be allowed without prior approval of the Procuring Contracting Officer. A form for Personnel Resume/Experience is included for your use. If you elect not to use the form, all information identified on it is still required for evaluation of this item and should be presented in the same order as on the form.

FACTOR 3: PAST PERFORMANCE:

The Past Performance Questionnaire (PPQ) included in the solicitation is provided for the offeror or its team members to submit to the client for each project the offeror includes in its proposal for “Past Performance”. Ensure correct phone numbers and email addresses are provided for the client point of contact (POC). Offerors should provide at least two POCs for each contract. If different from the client POC, also include the name and phone number of the contracting official for the contract. Completed PPQs should be submitted with your proposal.

Offerors should submit at least one PPQ for each contract submitted under “Factor 1: Experience”. If the offeror is

00 22 00 – Page 3 unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the offeror should complete and submit with the proposal the first page of the PPQ, which will provide contract and client information for the respective project(s). Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government’s point of contact, Ms. Zandra Hearn via email at zandra.f.hearn@usace.army.mil prior to proposal closing date. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation.

The past performance factor will be “Acceptable” if all Adjective Ratings in the PPQ are at a minimum rating of “Satisfactory” and the past performance examples are determined to be relevant. Relevancy, as it pertains to past performance information, will be determined based on past performance examples provided being of similar or larger scope (e.g. construction techniques, complexity, contract type, and subcontract/teaming, etc) as compared to solicitation requirements contained in this solicitation. See “Factor 1: Experience”, for guidance on similar work.

Block 4 (Project Description) of the PPQ is where the offeror provides information on how the project provided for past performance is relevant to the project contained in the solicitation.

TECHNICAL EVALUATION

Pricing data will not be part of the technical evaluation. Criteria for the technical evaluation as set forth in the solicitation will be the sole basis for determining the technical merit of proposals. Factor(s) listed above will be assigned a technical evaluation of “Acceptable” or “Unacceptable”.

Adjectival Rating Description Acceptable Proposal meets the requirements of the solicitation.

Unacceptable Proposal does not meet the requirements of the solicitation.

4.2 PRICING

The pricing proposal shall contain the following information:

• Specification Section 00 10 00 “Solicitation/Contract Form and Pricing Schedule”. The total combined cost for the construction will be considered for award.

• Financial:

- Name, address, and fax number of financial institution.

- Name and phone number of finance individual (primary and alternate) to be contacted for information.

• Bonding Information: Provide the name, address, and regular phone number of surety company.

5. EVALUATION FOR AWARD

Lowest Price Technically Acceptable (LPTA) will be the source selection method used for award. Uniformity of the proposal is essential to assure accurate evaluation. Proposal must comply with the instructions in the solicitation.

The lowest priced proposal will be evaluated to determine technically acceptable contractor(s). If the lowest proposed offer is determined to be technically acceptable, the Government reserves the right to not evaluate the technical proposal(s) submitted by the other offeror(s). A proposal that fails to comply with any minimum technical requirements will not be eligible for award regardless that it may offer the lowest price.

Any Factor evaluated as “Unacceptable” in any TAB will render the complete technical portion of the offer as “Unacceptable”. No further evaluation will be made on the Offeror’s proposal, including price.

6. SELECTION AND AWARD WITHOUT EXCHANGES

It is the intent of the Government to make award based upon initial offers. Proposals are intended to be evaluated, and award made, without discussions with the offerors, unless discussions are determined to be necessary.

Therefore, proposals should be submitted initially on the most favorable terms of technical requirements and price.

Do not assume an opportunity will be afforded to clarify, discuss, or revise proposals. If award is not made on initial offers, exchanges will be conducted as needed.

Teller Dam Repair FCCT

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 30 00.24

OTHER ADMINISTRATIVE AND SPECIAL REQUIREMENTS

10/17

PART 1 GENERAL

1.1 (UAI 5152.231-9000) EQUIPMENT OWNERSHIP AND OPERATING EXPENSE

SCHEDULE (MAR 1995)

1.2 (UAI 5152.232-9000) PAYMENT FOR MATERIALS DELIVERED OFF-SITE (MAR

2009)

1.3 (UAI 5152.222-9000) CONTRACTOR SUPPLY AND USE OF ELECTRONIC

SOFTWARE FOR PROCESSING CONSTRUCTION WAGE RATE REQUIREMENTS

STATUTE CERTIFIED LABOR PAYROLLS (APRIL 2011)

1.4 (UAI 5115.504) AWARD TO SUCCESSFUL OFFEROR

1.5 (UAI 5122.1302-100) VETERANS EMPLOYMENT EMPHASIS FOR U.S. ARMY

CORPS OF ENGINEERS CONTRACTS

1.6 UAI 5152.249-9000 BASIS FOR SETTLEMENT OF PROPOSALS (MAR 2009)

1.7 COMPLETION OF WORK

1.8 CONTRACTOR PERFORMANCE EVALUATIONS

1.9 LIQUIDATED DAMAGES-CONSTRUCTION

1.10 ANTITERRORISM (AT)/OPERATIONS SECURITY (OPSEC) PROVISIONS

1.11 EXCEPTION TO COMPLETION TIME AND LIQUIDATED DAMAGES

1.12 GENERAL REQUIREMENTS

1.13 CONTRACT DRAWINGS AND SPECIFICATIONS

1.13.1 SETS FURNISHED

1.13.2 REPRODUCTION AND DISTRIBUTION

1.13.3 NOTIFICATION OF DISCREPANCIES

1.13.4 OMISSIONS

1.14 SUBMITTALS

1.15 CONCURRENT CONSTRUCTION

1.16 PAYMENT

1.16.1 PROMPT PAYMENT ACT

1.16.2 PAYMENT FOR MATERIALS DELIVERED OFFSITE

1.16.3 CONTRACTOR PAYROLL RECORD

1.17 AVAILABILITY OF UTILITY SERVICES

1.18 UTILITY SERVICE INTERRUPTIONS

1.18.1 Advance Notice

1.18.2 Overtime Work by Base Operating and Maintenance (O&M) Personnel

1.18.3 Buried Utilities

1.19 DIGGING PERMITS AND ROAD CLOSINGS

1.20 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

1.21 INSURANCE REQUIRED

1.22 SECURITY REQUIREMENTS

1.22.1 Contractor's Employee Identification

1.22.2 Fort Carson Entry Requirements

1.22.2.1 AT/OPSEC

1.22.2.2 Real ID Act

1.22.2.3 Foreign Nationals (FN)

1.22.3 Fort Carson Installation Access Control Card

1.22.4 Visitor Day Pass

SECTION 01 30 00.24 Page 1

1.22.5 Vehicle Registration Requirements and Documentation

1.22.5.1 General Requirements

1.22.5.2 Authorized Access Points (Cantonment Area)

1.22.5.2.1 Commercial Vehicle Access

1.22.5.3 Types of Vehicles

1.22.5.4 Motor Vehicle Operator Access Documentation

1.23 CONTRACTOR QUALITY CONTROL (CQC)

1.24 NONDOMESTIC CONSTRUCTION MATERIALS

1.25 DAILY WORK SCHEDULES AND WEEKLY COORDINATION MEETINGS

1.26 AS-BUILT DRAWINGS

1.27 SIGN

1.28 EQUIPMENT ROOM DRAWINGS

1.29 CONTRACTOR FURNISHED EQUIPMENT DATA

1.30 ACCOMMODATIONS FOR GOVERNMENT INSPECTORS

1.31 PARTNERING

1.32 PROFIT

1.33 LABOR CONDITIONS APPLICABLE TO TEMPORARY FACILITIES

1.34 DRAWING SCALES

1.35 WAGE RATE APPLICATION

1.36 FEDERAL HOLIDAYS

1.37 BASE HOURS

1.38 ADDITIONAL PROJECT-SPECIFIC INFORMATION FROM FORT CARSON DPW

PART 2 NOT USED

PART 3 EXECUTION

3.1 APPENDIX A- CONTRACT DOCUMENT DISTRIBUTION LIST

ATTACHMENTS:

Appendix A - Contract Document Distribution List

Utility Outage Guidance: FC Reg 420-19 and Request Form: FC FORM 420-E

Project Sign Details

General Wage Decision No. CO190002

Water Point Locations Map

Hydrant Use Application

-- End of Section Table of Contents --

SECTION 01 30 00.24 Page 2

SECTION 01 30 00.24

OTHER ADMINISTRATIVE AND SPECIAL REQUIREMENTS

10/17

PART 1 GENERAL

Attachments:

Appendix A - Contract Document Distribution List Utility Outage Guidance: FC Reg 420-19 and Request Form: FC FORM 420-E Project Sign Details General Wage Decision No. CO190002 Water Point Locations Map Hydrant Use Application

1.1 (UAI 5152.231-9000) EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

(MAR 1995)

Note: Copies of each regional schedule may be obtained through the following Internet site:

http://www.publications.usace.army.mil/USACEPublications/EngineerPamphlets.aspx.

Currently the "Construction Equipment Ownership and Operating Expense Schedule" can be accessed on page 11 of 14 of the afore indicated URL.

(a) This clause does not apply to terminations. See UAI 5152.249-9000, Basis for settlement of proposals and FAR Part 49.

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

(c) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36. Rates for equipment rented from an organization under common control, lease-purchase arrangements, and sale-leaseback arrangements will be determined using the schedule, except that actual rates will be used for equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees.

(d) When actual equipment costs are proposed and the total amount of

SECTION 01 30 00.24 Page 3 the pricing action exceeds the small acquisition threshold (SAT), the contracting officer shall request the contractor to submit either certified cost or pricing data, or partial/limited data as appropriate. The data shall be submitted on Standard Form 1411, Contract Pricing Proposal Cover Sheet.

1.2 (UAI 5152.232-9000) PAYMENT FOR MATERIALS DELIVERED OFF-SITE (MAR 2009)

(a) Pursuant to FAR clause 52.232-5, Payments Under Fixed Priced Construction Contracts, materials delivered to the contractor at locations other than the site of the work may be taken into consideration in making payments if included in payment estimates and if all the conditions of the General Provisions are fulfilled. Payment for items delivered to locations other than the work site will be limited to:

(1) materials required by the technical provisions; or

(2) materials that have been fabricated to the point where they are identifiable to an item of work required under this contract;

or.

(3) Items specifically listed below.

(b) Payment for materials delivered off-site shall be made only after receipt of paid invoices listing the value of material and labor incorporated in the items along with a canceled check showing the prime contractor's title to the time delivered off site. Payment for materials delivered off-site shall be limited to the following items:

(List specific material items to be considered for payment when off-site delivery is made.)

1.3 (UAI 5152.222-9000) CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE

FOR PROCESSING CONSTRUCTION WAGE RATE REQUIREMENTS STATUTE CERTIFIED LABOR

PAYROLLS (APRIL 2011)

(a) The Contractor is encouraged to use a commercially-available electronic system to process and submit certified payrolls electronically to the Government. The requirements for preparing, processing and providing certified labor payrolls are established by the Wage Rate Requirements statute.

(b) If the Contractor elects to use an electronic payroll processing system, then the Contractor shall be responsible for obtaining and providing for all access, licenses, and other services required to provide for receipt, processing, certifying, electronically transmitting to the Government, and storing weekly payrolls and other data required for the Contractor to comply with the Wage Rate Requirements statute. When the Contractor uses an electronic payroll system, the electronic payroll service shall be used by the Contractor to prepare, process, and maintain the relevant payrolls and basic records during all work under this construction contract and the electronic payroll service shall be capable of preserving these payrolls and related basic records for the required 3

SECTION 01 30 00.24 Page 4 years after contract completion. If the Contractor chooses to use an electronic payroll system, then the contractor shall obtain and provide electronic system access to the Government, as required to comply with the Wage Rate Requirements over the duration of this construction contract. The access shall include electronic review access by the Government contract administration office to the electronic payroll processing system used by the contractor.

(c) The Contractor's provision and use of an electronic payroll processing system shall meet the following basic functional criteria:

(1) commercially available;

(2) compliant with appropriate Wage Rate Requirements statute payroll provisions in the FAR;

(3) able to accommodate the required numbers of employees and subcontractors planned to be employed under the contract;

(4) capable of producing an Excel spreadsheet-compatible electronic output of weekly payroll records (format at http://rms.usace.army.mil) for export in an Excel spreadsheet to be imported into the Contractor's Quality Control System (QCS) version of Resident Management System (RMS);, that in turn shall export payroll data to the Government's Resident Management System (RMS);

(5) demonstrated security of data and data entry rights;

(6) ability to produce Contractor-certified electronic versions of weekly payroll data;

(7) ability to identify erroneous entries and track the data/time of all versions of the certified Wage Rate Requirements statute payrolls submitted to the government over the life of the contract;

(8) capable of generating a durable record copy, that is, a CD or DVD and PDF file record of data from the system database at end of the contract closeout. This durable record copy of data from the electronic Construction Wage Rate payroll processing system shall be provided to the Government during contract closeout.

(d) All Contractor-incurred costs related to the Contractor's provision and use of an electronic payroll processing service shall be included in the Contractor's price for the overall work under the contract. The costs for compliance with the Wage Rate Requirements statute by using electronic payroll processing services shall not be a separately bid or reimbursed item under this contract.

(End of Clause)

1.4 (UAI 5115.504) AWARD TO SUCCESSFUL OFFEROR

Only a warranted Contracting Officer (either a Procuring Contracting Officer (PCO), or an Administrative Contracting Officer (ACO)), acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer. Proceeding with any work not authorized by the Contracting Officer will be at the

SECTION 01 30 00.24 Page 5

Contractor’s own risk.

1.5 (UAI 5122.1302-100) VETERANS EMPLOYMENT EMPHASIS FOR U.S. ARMY CORPS

OF ENGINEERS CONTRACTS

In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS

222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

U.S. Department of Labor Veterans employment: https://www.vets.gov/

Federal Veteran employment information at https://www.fedshirevets.gov/index.aspx

Department of Labor Veterans Employment Assistance http://www.dol.gov/vets/

Department of Veterans Affairs-VOW to Hire Heros Act http://benefits.va.gov/vow/

Army Wounded Warrior Program-http://wtc.army.mil/modules/employers/index.html

U.S. Chamber of Commerce Foundation-Hiring Our Heros https://www.uschamberfoundation.org/hiring-our-heroes

Guide to Hiring Veterans - Reference Material https://www.whitehouse.gov/sites/default/files/docs/white_house_business_council_-_guide_

1.6 UAI 5152.249-9000 BASIS FOR SETTLEMENT OF PROPOSALS (MAR 2009)

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

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

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

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

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

(e) License, taxes, storage and insurance costs are normally recovered as

SECTION 01 30 00.24 Page 6 an indirect expense and unless the contractor charges these costs directly to contracts, they will be recovered through the indirect expense rate.

(End of clause)

1.7 COMPLETION OF WORK

See Section 00 73 00 SUPPLEMENTARY CONDITIONS (SPECIAL CONTRACT

REQUIREMENTS), FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK (APR 1984).

1.8 CONTRACTOR PERFORMANCE EVALUATIONS

Federal Acquisition Regulation (FAR) Subpart 36.201(Evaluation of Contractor Performance) requires evaluation of the construction contractor's performance throughout the contract period of performance. The United States Army Corps of Engineers (USACE) follows the procedures outlined in Engineering and Construction Bulletin 2014-13 to fulfill this FAR requirement. For construction contracts valued at or above $700,000.00, including all modifications, the USACE will evaluate Contractor's performance using the web-based Contractors Performance Assessment Reporting System (CPARS). After the USACE drafts an evaluation (interim or final), the Contractor will have the opportunity to access, review, comment and either concur or non-concur with the evaluation in the CPARS system for a period of 60 days. Access to the CPARS system requires either specific software called PKI certification (recommended method) or a username and password. The PKI certification is a Department of Defense recommendation and to provide security in electronic transactions. The certification software could cost approximately $110 - $125 per certificate per year and may be purchased from an External Certificate Authorities (ECA) vendor.

Current information about the PKI certification process and contacting vendors can be found on the web site: https://www.cpars.gov.

1.9 LIQUIDATED DAMAGES-CONSTRUCTION

See Section 00 73 00 SUPPLEMENTARY CONDITIONS (SPECIAL CONTRACT

REQUIREMENTS), FAR 52.211-12 LIQUIDATED DAMAGES-CONSTRUCTION (SEPT 2000).

1.10 ANTITERRORISM (AT)/OPERATIONS SECURITY (OPSEC) PROVISIONS

1. AT Level I Training

All Contractor employees, to include subcontractor employees, requiring access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the Contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website:

http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum.

2. Access and General Protection/Security Policy and Procedures

All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander

SECTION 01 30 00.24 Page 7 installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

2b. for Contractors Who Do Not Require CAC, But Require Access To A Dod Facility Or Installation

Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

3. Not Used

4. Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say Something)

The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

5. Contractor Employees Who Require Access to Government Information Systems.

Not Applicable

6. OPSEC Standing Operating Procedure/Plan

Not Applicable

7. OPSEC Training

All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training.

OPSEC awareness training is available at the following websites:

SECTION 01 30 00.24 Page 8 https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations-security.html; or it can be provided by the RA OPSEC Officer in presentation form which will be documented via memorandum.

8. Information Assurance (IA)/Information Technology (IT) Training

Not Applicable

9. Information Assurance (IA)/Information Technology (IT) Certification

Not Applicable

10. Not Used

11. Not Used

12. Handling or Access to Classified Information.

Not Applicable

13. Will be Escorted in Areas Where They May be Exposed to Classified and/or Sensitive Materials and/or Sensitive or Restricted Areas

If applicable, all contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

14. Contractor Company to Obtain a Facility Clearance and Individual Clearances at the Appropriate Level

The Prime Contractor Company must have (or will have) a Facility Clearance (FCL) at the appropriate level (IAW the NISPOM DOD 5220.22-M and AR 380-49) prior to the start of the contract awarded period of performance.

Contractor personnel performing work under this contract must have the required security clearance, per AR 380-67, at the appropriate level at the start of the period of performance. Security Clearances and FCL requirements are required to be maintained for the life of the contract IAW the DD254 attached to the contract. If no FCL, the supporting Government Contracting Activity will sponsor the prime contract company in obtaining the FCL.

15. Pre-Screen Candidates using E-Verify Program

The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

16. Required Armed Security Guards

Not Applicable

17. Threat Awareness Reporting Program (TARP) Training

All new contractor employees will complete annual Threat Awareness and

SECTION 01 30 00.24 Page 9

Reporting Program (TARP) Training provided by a Counterintelligence Agent, IAW AR 381-12 . The contractor shall submit certificates of completion for each affected contractor and subcontractor employee(s) or a memorandum for the record, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. Authorized webbased TARP training for CAC card holders is available at the following website: https://www.us.army.mil/suite/page/655474

1.11 EXCEPTION TO COMPLETION TIME AND LIQUIDATED DAMAGES

In case the Contracting Officer determines that seeding, sodding, and/or planting and/or the specified maintenance thereof is not feasible during the construction period, such work will be exempt from the completion time and liquidated damages. This work shall be accomplished during the first seeding, sodding, and/or planting period and the specified maintenance period following the completion date.

1.12 GENERAL REQUIREMENTS

Record of Non-Applicability (RONA) or Information Required for General Conformity Review must be completed before project commencement. The Information Required for General Conformity Review Document is enclosed.

1.13 CONTRACT DRAWINGS AND SPECIFICATIONS

1.13.1 SETS FURNISHED

The contractor shall be responsible for making copies of conformed specifications with amendments or changes incorporated. The bid drawings and specifications as amended shall be utilized in the performance of the work until CD-ROM or DVD-ROM containing the conformed specifications and contract drawings (i.e., bid drawings that have been posted with all amendment changes) is mailed or sent electronically to the Contractor. See Appendix A for Document Distribution list. See paragraph below for contract drawing reproduction and distribution requirements. The work shall conform to the contract drawings, set out in the drawing index, all of which form a part of these specifications. The work shall also conform to the standard details bound or referenced herein.

1.13.2 REPRODUCTION AND DISTRIBUTION

The Contractor shall reproduce multiple legible hard copy sets (half-size English unless directed otherwise) of contract drawings from Government provided CD-ROM or DVD-ROM or sent electronically containing read-only Adobe.pdf file drawings. Within 14 calendar days after receipt of CD-ROM or DVD-ROM or electronically sent conformed specifications and drawings containing read-only Adobe.pdf drawing files, the Contractor shall provide legible hard copy drawing and conformed specification sets to the addressees contained in the Contract Document Distribution List for Project in Appendix A to this specification. The Government will process no progress payments prior to receipt of the legible contract drawings and conformed specification sets. After receipt and distribution of the legible hard copy drawing and conformed specification sets, the Government will provide the Contractor with a CD-ROM or DVD-ROM or sent electronically containing editable CAD file drawings (format defined in Section 01 78 39.00 24 AS-BUILT DRAWINGS)). The Contractor shall prepare as-built drawings as defined in Section 01 78 39.00 24 AS-BUILT DRAWINGS.

SECTION 01 30 00.24 Page 10

1.13.3 NOTIFICATION OF DISCREPANCIES

The Contractor shall check all CD-ROM or DVD-ROM or electronically sent drawing files furnished him immediately upon their receipt and shall promptly notify the Contracting Officer of any discrepancies. Dimensions marked on drawings shall be followed in lieu of scale measurements.

Enlarged plans and details shall govern where the same work is shown at smaller scales. All scales shown are based on a standard drawing size of 22" x 34". If any other size drawings are furnished or plotted the contractor shall adjust the scales accordingly. The Contractor shall also advise his sub-contractors of the above. The Contractor shall compare all drawings and verify the figures before laying out the work and will be responsible for any errors which might have been avoided thereby.

1.13.4 OMISSIONS

Omissions from the drawings or specifications or the misdescription of details of work which are manifestly necessary to carry out the intent of the drawings and specifications, or which are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work but they shall be performed as if fully and correctly set forth and described in the drawings and specifications.

1.14 SUBMITTALS

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

submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. The following shall be submitted in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-02 Shop Drawings

Equipment Room Drawings; G-RO.

1.15 CONCURRENT CONSTRUCTION

Construction work closely related to and/or located at the site of the work under a concurrent contract may be in progress simultaneously with work under this contract. The Contractor shall cooperate with others as necessary in the interest of timely completion of all work. In the event of interference, the Contracting Officer shall be notified immediately for resolution and his decision shall be final.

1.16 PAYMENT

1.16.1 PROMPT PAYMENT ACT

Pay requests authorized in GENERAL CONDITIONS (CONTRACT CLAUSES) clause:

"Payments Under Fixed-Price Construction Contracts", will be paid pursuant to the clause, "Prompt Payment for Construction Contracts". Pay requests will be submitted on ENG Form 93 and 93a, "Payment Estimate-Contract Performance" and "Continuation". All information and substantiation required by the identified contract clauses will be submitted with the ENG Form 93, and the required certification will be included on the last page of the ENG Form 93a, signed by an authorized contractor official and dated

SECTION 01 30 00.24 Page 11 when signed. The designated billing office is the Office of the Area Engineer.

1.16.2 PAYMENT FOR MATERIALS DELIVERED OFFSITE

See UAI 52.232-5000 PAYMENT FOR MATERIALS DELIVERED OFF-SITE

1.16.3 CONTRACTOR PAYROLL RECORD

Contractor shall be required to log payrolls for all their own employees and subcontractors utilizing ENG Form 3180. Each subcontractor requires a separate ENG 3180 for their payrolls. The Contractor shall maintain the ENG 3180, along with the payrolls, on site and available for review by the Contracting Officer's Representative. The ENG 3180's shall be updated weekly as payrolls are submitted. After making copies for their files, the Contractor is required to submit the originals of each week’s payrolls to the Resident Office. Before final payment, the Contractor shall provide the completed ENG 3180’s to the Contracting Officer's Representatives. If the Contractor has elected to use an electronic payroll system, as described in (UAI 5152.222-9000) CONTRACTOR SUPPLY AND USE OF ELECTRONIC

SOFTWARE FOR PROCESSING CONSTRUCTION WAGE RATE REQUIREMENTS STATUTE

CERTIFIED LABOR PAYROLLS (APRIL 2011), the payroll inventory produced by the electronic payroll system will satisfy the requirements in this paragraph and FAR 52.222-8, Payrolls and Basic Records.

1.17 AVAILABILITY OF UTILITY SERVICES

All reasonably required amounts of domestic water and electricity will be made available to the Contractor by the Government from existing system outlets and supplies. The project site is not part of this existing system, however, such that the Contractor shall, at his own expense, make all temporary connections and install distribution lines. The Contractor shall furnish to the Contracting Officer a complete system layout drawing showing type of materials to be used and method of installation for all temporary electrical systems. All temporary lines shall be maintained by the Contractor in a workmanlike manner satisfactory to the Contracting Officer and shall be removed by the Contractor in like manner prior to final acceptance of the construction. Normal quantities of electricity and water used to make final tests of completely installed systems will be furnished by the Government.

1.18 UTILITY SERVICE INTERRUPTIONS

The Contractor shall submit written notification not less than 15 calendar days in advance of each interruption of each utility and communication service to or within existing buildings and facilities being used by others. No single outage will exceed 4 hours unless approved in writing.

The time and duration of all outages will be coordinated and approved with the Using Agency by the Contracting Officer.

1.18.1 Advance Notice

To request and notify for planned utility outages, the Contractor shall submit written notification on FC FORM 420-E (attached) within the advance notice time stated on the request form. No single outage will exceed 4 hours unless approved in writing. The time and duration of all outages will be coordinated and approved with the Using Agency by the Contracting Officer.

SECTION 01 30 00.24 Page 12

1.18.2 Overtime Work by Base Operating and Maintenance (O&M) Personnel

The normal working hours for Government O&M personnel whose services may be required for utility outages or similar services are from 7:00 a.m. to 3:30 p.m. Overtime work by Government O&M personnel due to Contractor delays in scheduled outages, interruptions of known utility services, or other negligent acts, shall be the responsibility of the Contractor. The Contractor shall pay the Government for such additional overtime costs at the existing overtime wage rates established for the Government personnel involved.

1.18.3 Buried Utilities

The Contractor shall coordinate all excavation work including excavation for sign posts, fence posts, and utility poles with the Using Service Facilities Engineer and the telephone company prior to beginning work. The Contractor shall coordinate and apply for dig permits for all excavations and shall be renewed every 30 days. Excavation will not be permitted without a digging permit. Digging permits typically only provide indications on where existing utilities are. The Contractor shall be responsible for locating all existing buried utilities affected by construction activities.

1.19 DIGGING PERMITS AND ROAD CLOSINGS

The Contractor shall allow 14 calendar days from date of written application to receive permission to dig and to close roads. Work on or near roadways shall be flagged in accordance with the safety requirements in Safety and Health Requirements Manual EM 385-1-1, which forms a part of these specifications. Work located along the alert force route shall not cause blockage and the Contractor shall maintain unobstructed access for alert force traffic at all times.

1.20 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

a. This clause specifies the procedure for the determination of time extensions for unusually severe weather in accordance with the GENERAL CONDITIONS (CONTRACT CLAUSES) clause entitled "Default: (Fixed-Price Construction)." In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

(1) The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

(2) The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the contractor.

b. The…