W9128F21Q0072_Amd 0002.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

The reason for amendment 0002:

1. To inform potential Offerors the SOW has been revised.

2. To inform all potential Offerors that a site visit is scheduled for September 8, 2021 at 10:00AM (CST). All potential Offerors w ill meet at 10:00am at the follow ing address to meet w ith the COR of the project prior to leaving for the project site : 113 Randall Creek Road, Pickstow n, SD 57367.

3. Inform all potential Offerors the soliciation due date has changed from September 3, 2021 to September 17, 2021.

4. Added Clause 52.232-16 "Progress Payments" to the Soliciation.

5. All other terms and conditions remain the same.

1. CONTRACT ID CODE PAGE OF PAGES

1 18

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

16C. DATE SIGNED

BY 02-Sep-2021

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 W9128F21Q0072

X 9B. DATED (SEE ITEM 11)

21-Aug-2021

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.)

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

02-Sep-2021

CODE

U.S. ARMY CORPS OF ENGINEERS, OMAHA

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

W9128F 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

Constance.R.Ellard@usace.army.milEMAIL:402-995-2929TEL:

CONSTANCE R ELLARD / ADDED BY UPASS

W9128F21Q0072

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 03-Sep-2021 05:00 PM to 17-Sep-2021 05:00 PM.

The following have been modified:

SUBMISSION DATE AND TIME

End of Business Day is 5:00pm (CST) Solicitation Due Date is September 17, 2021 at 5:00PM (CST)

SECTION B - SUPPLIES OR SERVICES AND PRICES

CLIN 0001

The CLIN extended description has changed from:

The contractor shall provide all personnel, equipment, supplies, facilities, utilities, transportation, tools, materials, supervision, and other items necessary to complete the work as defined in the PWS. The contractor shall furnish QC and all labor. The contractor shall furnish facilities, utilities, and equipment required to complete this project.The contractor shall remove and dispose of current fence and install the new fence in accordance with the PWS.

To:

The contractor shall provide all personnel, equipment, supplies, facilities, utilities, transportation, tools, materials, supervision, and other items necessary to complete the work as defined in the SOW. The contractor shall furnish QC and all labor. The contractor shall furnish facilities, utilities, and equipment required to complete this project.The contractor shall remove and dispose of current fence and supply & install the new fence in accordance with the

SOW.

PRICING SHEET

PVC FENCING

PRICE SCHEDULE

CLIN 0001: Remove, furnish, install, and dispose of PVC fencing @ the Fort Randall Cemetery in accordance with the SOW. Amount (1 JOB) = $____________________

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

SCOPE OF WORK (SOW)

PVC FENCING

SCOPE OF WORK (SOW)

1. OVERVIEW.

1.1. Description of Services. The work to be completed is the removal of existing PVC fencing, installation of new PVC fencing, and disposal of the old PVC fencing. The contractor shall provide all personnel, equipment, supplies, facilities, utilities, transportation, tools, materials, supervision, and other items necessary to complete the work as defined in the PWS SOW.

1.2. Place of Performance. Fort Randall Cemetery located immediately downstream of the Fort Randall Dam (south end) in Gregory County, South Dakota.

1.3. Period of Performance. The Contractor shall commence work under this contract within ten (10) calendar days after the date of receipt by him of Notice to Proceed, prosecute said work diligently, and complete the entire work ready for use not later than 240 216 calendar days after receipt of Notice to Proceed. The time stated for completion shall include final cleanup of the premises. All work shall be completed by 216 days after the notice to proceed to include final cleanup of the premises. (FAR 52.211-10)

1.4. Type of Contract. Any contract resulting from this RFQ will be a firm-fixed price contract.

1.5. Inspection of Work Area. The contractor shall inspect the area where work is to be performed. In no event will a failure to inspect the site constitute grounds for a claim after award of the contract due to visible conditions at the project site. Uneven terrain exists at the work area, with variations of up to 12.6” between the 6’ fence sections. It is the prospective contractor’s responsibility to inspect the areas where services are to be performed to satisfy themselves of all general and local conditions that may affect the cost of performance of the contract. The prospective Offeror shall base their Offeror on their personal site visit/field assessments, rather than from any maps, aerial photos, or estimates that may be furnished by the government as background/orientation information. Failure to inspect the site for conditions that are viewable at the site, would not constitute differing site conditions. Site visits should be coordinated with the GPOC.

1.6. Quote. Quoted price shall be inclusive of all costs that might be incurred during this contract such as, but not limited to, mobilization fee, labor, lodging, fuel, mileage, equipment, materials, supplies, submittals, rental fees, disposal fees, contractor’s excise tax, licenses, permits, insurance, etc.

1.7. Invoicing/Payment. The contractor shall submit one invoice for payment for the entire project containing the contract number and date along with the contractor's name, billing address, and signature. Payment will be made after satisfactory completion, inspection, and acceptance by the GPOC COR of all contract work performed.

2. ABBREVIATIONS/ACRONYMS.

COR (Contracting Officer Representative) CST (Central Standard Time) O.C. (On Center) DIA. (Diameter) PPD (Personal Protective Device) DOD (Department of Defense) PPE (Personal Protective Equipment) EFT (Electronic Funds Transfer) PVC (Poly Vinyl Chloride) EM (Engineer Manual) PWS (Performance Work Statement) SOW (Scope of Work) FT (Feet) QA (Quality Assurance)

GPOC (Government Point of Contact) QC (Quality Control) HAG (Height Above Ground) RFQ (Request For Quotations) HQDA (Headquarters, Department of the Army) SDDENR (South Dakota Department of Natural Resources) KO (Contracting Officer) SS (Stainless Steel) LF (Linear Feet) USACE (United States Army Corps of Engineers)

3. GOVERNMENT FURNISHED SERVICES, FACILITIES, UTILITIES, EQUIPMENT, AND

MATERIALS.

3.1. Services: The government will perform QA through inspections.

3.2. Facilities/Utilities/Equipment: The government will not furnish any facilities, utilities, or equipment to the contractor.

3.3. Materials: The government will furnish 1) USACE Manual EM 385-1-1 entitled “Safety and Health Requirements Manual”, dated July 2014 (electronic version), 2) local emergency telephone numbers, and 3) backfill material. and 4) PVC fencing materials and associated hardware listed below. The contractor shall provide necessary protection against weather to keep all materials free from damage during transit, storage, or in place. All unused government furnished materials will remain the property of the government.

A. Country Estate (Missouri Style) Co-extruded PVC Components (unassembled)

1. Posts (Corner/End/Gate/Line/Transition) - 4” wide x 4” high x 78” long

2. Post Caps - Traditional/External Flange

3. Rails - 2” deep x 3.5” wide

4. U-Channels (aka clots) – 7/8” thick x 3 ¾” wide 1 ½” high

5. Pickets - 7/8” thick x 3” wide

6. Picket Caps - Sharp (non-crimped) B. Country Estate (Missouri Style) Co-extruded PVC Components (assembled)

1. Gates - 42” high x 60” wide

C. Hardware:

1. Z-Bar Rail Inserts (extruded aluminum) - 72” long

2. Post Inserts (extruded aluminum) - 78” long

3. Dual Latches (black powder coated) - 14 gauge, type 304 SS

4. Gravity Hinges (black powder coated) - 14 gauge, type 304 SS

5. Cane Bolts (black powder coated) - 3/4” dia. x 24” long, 14 gauge, type 304 SS

6. Screws (zinc-plated) - #12 x 5/8” long

4. CONTRACTOR FURNISHED SERVICES, FACILITIES, UTILITIES, EQUIPMENT, AND

MATERIALS.

4.1. Services: The contractor shall furnish QC and all labor.

4.2. Facilities/Utilities/Equipment: The contractor shall furnish facilities, utilities, and equipment required to complete this project.

4.5. Materials: The contractor shall furnish all materials not identified in provision 3.3. (Government Furnished Materials). The contractor shall provide necessary protection against weather to keep all materials free from damage during transit, storage, or in place. All materials shall be of brand new quality and will be approved for use by the GPOC COR prior to installation. All unused government furnished materials will remain the property of the government. The contractor furnished materials shall meet the following specifications:

4.5.1. General.

A. Item: Rigid poly-vinyl chloride (PVC) fencing and associated hardware B. Style/Configuration: 2-Rail/12 Pickets (Fence) and 2-Rail/9 Pickets (Gates)

C. Integral Color (PVC components): White D. Industry Certification (PVC components): Vinyl Manufacturers Association (VMA) E. Certified lead-free (PVC components)

F. Warranty: 50-year “non-prorated” warranty against deterioration (peeling, flaking, rusting, blistering, corroding, etc.) and defective workmanship/materials G. Fabrication Requirements:

1. Posts, pickets, and rails shall be mono-extruded w/ integral UV inhibitors

2. Post caps and picket caps shall be injection-molded

3. Fence sections shall be fabricated accordingly to achieve finished HAG of 42” x 72” wide O.C.

4. Pickets shall be installed within rails at 2.5” spacing between pickets

5. Pickets shall be routed thru top rail and locked into bottom rail

6. Z-bar inserts shall be installed inside all bottom rails to prevent sag

7. Gates (2) shall be fabricated accordingly to mimic a fence section w/ regards to picket spacing, rail locations and achieve a finished HAG of 42” x 60” wide O.C.

8. Gates shall be fabricated with diagonal bracing installed on the interior side and fastened to the pickets w/ exterior screws and exterior screw caps/plugs

9. Post inserts shall be installed inside gate posts to prevent breakage

10. Gates shall be installed with 2 gravity hinges per gate

11. Gates shall open and close via a single dual latch

12. Gates shall be held open via a single cane bolt per gate

4.5.2. Components.

A. Fence Sections (42” high x 72” wide O.C.) consisting of:

1. Rails: 2” deep x 3.5” wide (.100” w.t./0.75 lbs/ft)

2. Z-Bar Rail Inserts: extruded aluminum, 72” long (.070” w.t./0.406 lbs/ft)

3. Pickets (w/o caps installed): 7/8” (.875”) deep x 3” wide (.075” w.t./0.39 lbs/ft) x 37.25” long

4. Picket Caps: Pointed/Sharp (non-crimped)

5. U-Channels (aka clots) – 7/8” thick x 3 ¾” wide 1 ½” high

B. Posts/Post Caps consisting of:

1. Posts: 4”wide x 4” high x 78” long (.165” w.t./1.7108 lbs/ft)

2. Post Caps: Traditional/External Flange C. Gates and Associated Hardware:

1. Gates: 42” high x 60” wide O.C. w/ 9 pickets per gate

2. Gate Post Inserts: extruded aluminum, 78” long, (.120 w.t./1.990 lbs/ft)

3. Gravity Hinges: black powder coated, 14 gauge, type 304 SS

4. Dual Latch: black powder coated, 14 gauge, type 304 SS

5. Cane Bolts: 3/4” dia. x 24” long, black powder coated, 14 gauge, type 304 SS

6. Exterior Screws: white powder coated, #12, type 304 SS

7. Exterior Screw Caps/Plugs: white

8. Interior Screws: zinc-plated - #12 x 5/8” long

ATTENTION - The PVC components identified in provision 3.3 (Materials) were manufactured for flat to minimally-sloping terrain. Due to on-site terrain conditions, up to 60% of the posts, upper rails, and lower rails may need to be modified or supplied by the contractor of the same specification as provision 3.3.

(Materials) to accommodate the moderate-to-severe sloping terrain and to comply with provision 6.3.

(Deviations). All contractor furnished materials will be pre-approved by the GPOC prior to their procurement and installation. Contractor furnished materials will be reimbursed at the unit price accepted on the bid schedule.

5. GENERAL SPECIFICATIONS. The contractor shall be responsible for complying with the following requirements when completing the PWS SOW:

5.1. Quality Control. The contractor shall develop and maintain an effective QC program to ensure work is completed in accordance with the PWS SOW. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective product(s) and work deficiencies. The contractor’s QC program is the means by which the contractor assures the work complies with the requirements of the PWS SOW.

5.2. Quality Assurance. As the work progresses, the GPOC COR may observe, inspect, and photograph all work activities conducted in completion of the PWS SOW. The contractor will not be paid for any work performed that is deemed defective to the GPOC COR. Defective product(s) and work deficiencies noted by the GPOC COR shall be corrected at no additional cost to the government. No government personnel will assist the contractor with actual work activities or supervision of the contractor's personnel.

5.3. Recognized Holidays. The contractor shall not work on federal holidays w/o prior authorization from the GPOC

COR.

5.4. Hours of Operation. The contractor shall perform work activities during normal business hours (8:00 a.m. to 4:00 p.m. CST), Monday thru Friday, except federal holidays or when the Project office is closed due to local or national emergencies, administrative closings, or similar government directed office closings.

5.5. Personnel.

5.5.1. Key Personnel. The contractor and contract manager (if applicable) are considered key personnel by the government and shall 1) have full knowledge of the PWS SOW, 2) be responsible for performance of the work, 3) have working knowledge of all fencing equipment, and 4) have working knowledge of PVC fencing and appurtenance installation. The contract manager (if applicable) shall have full authority to act for the contractor on all contract matters relating to the daily operations of this contract. A minimum of 1 key personnel shall be on-site at all times while work on this project is being accomplished.

5.5.2. Government Point of Contact (GPOC) Contracting Officer Representative. The GPOC COR monitors all technical aspects of the contract and assists in contract administration. The GPOC is authorized to perform the following functions: 1) assure that the contractor performs the technical requirements of the contract; 2) perform inspections necessary in connection with contract performance; 3) maintain written and oral communications with the contractor concerning technical aspects of the contract; 4) issue written interpretations of technical requirements, including government drawings, designs, and specifications; and 5) monitor contractor's performance and notifies both the KO and contractor of any deficiencies. The GPOC COR is not authorized to change any of the terms and conditions of the resulting order. The GPOC COR for this contract is Mike Hubert at 605-487-7845, extension 3222.

5.6. Contractor Property. The contractor is responsible for securing their personal property at all times. The government will not be held liable for damaged, lost, stolen, or vandalized contractor property.

5.7. Staging Area. A portion of the Fort Randall Cemetery parking lot will be used as a staging area. The storage of equipment and materials shall be kept within the limits of the assigned area.

5.8. Security/Special Qualifications.

5.8.1. Pre-Screen Candidates Using E-Verify System. The contractor must pre-screen candidates using the E-verify Program (http://www.dhs.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 GPOC COR no later than 3 business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated GPOC COR. This form will be provided to the KO and shall become part of the official contract file.

5.8.2. Access and General Protection/Security Policies and Procedures. All contractor and all associated sub-contractor employees shall comply with applicable installation, facility and area commander 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 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 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 individual facility or installation change, the Government may require changes in Contractor security matters or processes.

5.8.3. Non-CAC Access to DoD Facility or Installation. All contractor and all associated sub-contractor employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB), 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 theatre regulations.

5.9. Meetings and Coordination.

5.9.1. Pre-Work Meeting. The contractor shall contact the GPOC COR within 5 business days of contract award to schedule a date/time to conduct the pre-work meeting. At this meeting the GPOC COR, contractor, and contract manager (if applicable) shall discuss the performance, requirements, and administration of the PWS SOW. At this meeting the contractor shall submit certificate of insurance, accident prevention plan, security personnel list, contact information (phone and email) for key personnel, and a work plan. The work plan shall be revised as needed to produce a mutually acceptable plan for performance of the work required. Once approved, the work plan shall not be changed without the approval of the GPOC COR.

5.9.2. Progress Meetings. The contractor or contract manager (if applicable) shall be available to meet with the GPOC COR at the project site during the period of performance to review and discuss the contractor’s performance.

At these meetings, the contractor or contract manager shall give verbal progress reports, discuss the work schedule, and present all conflicts, deficiencies, discrepancies, or other difficulties for resolution. Appropriate action shall be taken to resolve and correct outstanding issues.

5.10. Work Activities. The contractor shall not start work activities until completion of the pre-work meeting and until the date/time mutually agreed upon with the GPOC COR. Afterwards, it shall be the contractor's responsibility to start and provide a continuous work operation from day to day, weather permitting, until completion of the contracted work within the period of performance. If adverse weather conditions or unforeseen circumstances prevent the completion of the work within the period of performance, the contractor will be required to submit, in writing to the Contracting Officer, a request for a contract time extension, which must document the cause(s) for the contracted work not being completed on time. Lack of personnel, equipment, or other work priorities will not be acceptable reasons for allowing a contract time extension. Approval of any contract extension shall be at the determination of the Contracting Officer.

5.11. Housekeeping. The contractor shall keep the staging/work areas in a condition conducive to the safety of their employees and the general public. Waste and surplus materials shall not be allowed to accumulate in these areas.

5.12. Employee Safety.

5.12.1. The contractor shall be responsible for the safety of their employee(s) and for any injury or damage done by said personnel, and shall protect the government from any claims. The contractor's equipment shall meet or exceed all current federal, state, and local safety requirements. The contractor and their employees shall wear the manufacturer’s recommended PPE during all work activities conducted in completion of this contract. The contractor and their employee(s) shall use the PPD recommended by the manufacturer during all work activities conducted in completion of this contract and shall not circumvent any PPD at any time. The contractor shall comply with all applicable safety requirements and practices set forth in the USACE Manual EM 385-1-1 entitled “Safety and Health Requirements Manual”, dated July 2014 and available electronically from the GPOC. At a minimum, all personnel will wear safety boots, safety vests, and gloves. Hard hats, safety glasses, and dust masks will be worn when applicable. The contractor shall provide the minimum on-site safety equipment/requirements as follows:

A. The contractor shall provide at least one nonfreezing-type A-B-C fire extinguisher in each vehicle/piece of motorized equipment that is commensurate in size. Place in a location readily accessible to personnel.

B. The contractor shall provide and maintain a first aid kit commensurate with the size of the project and with items necessary for first-aid treatment of all injuries.

C. The contractor shall advise personnel of the location of first-aid kits and fire extinguishers.

D. The contractor shall post telephone numbers of nearest hospital or ambulance service and fire station in a conspicuous location and advise all personnel of locations and telephone numbers.

5.12.2. Notification of Injury. The contractor shall notify the GPOC COR immediately of any injury to any person resulting from the contractor's operations.

5.13. Environmental Protection.

5.13.1. Protection of Cultural Resources. The cemetery is a culturally-sensitive area and the contractor shall be responsible for protecting its features (concrete walkways, flagpole, graves, grave markers, headstones, landscaping, turf, etc.) from all work activities conducted in completion of the PWS SOW. The contractor shall be required to use minimally-invasive equipment, techniques, and methodologies to complete all work activities conducted in completion of the PWS SOW. The contractor shall confine work activities to areas defined by the PWS SOW. Any damages resulting from the contractor’s operations shall be repaired or replaced in-kind by the contractor at no additional cost to the government.

5.13.2. Spill of a Regulated Substance. The contractor shall notify the GPOC COR immediately of any spill(s) resulting from the contractor's operations. The contractor shall be responsible for complying with the SDDENR reporting/cleanup/disposal requirements (http://denr.sd.gov/des/gw/Spills/Spills.aspx). Upon coordination with the GPOC COR, the contractor shall be responsible for restoration activities at no additional cost to the government.

5.13.3. Disposal. Waste materials shall be removed from government property and disposed of at an authorized disposal site(s).

5.13.4. Corrective Action. The contractor shall, upon receipt of a notice in writing of any noncompliance with the foregoing provisions, take immediate corrective action. If the contractor fails or refuses to comply promptly, the KO may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop orders shall be made the subject of a claim for extension of time or for excess costs of damages by the contractor unless it was later determined that the contractor was in compliance.

6. TECHNICAL SPECIFICATIONS. The contractor shall be responsible for complying with the following requirements when completing this project:

6.1. Deviations.

A. Fence posts may not deviate from 6’ o.c. line spacing.

B. Fence posts may not deviate more than 1” from centerline between corner-to-corner runs.

C. Fence posts may not deviate more than 1” from plumb (all directions).

D. Fence posts may not deviate from 35” 34.5” depth below ground and 43” 43.5” above ground.

E. Fence sections may not deviate from equal spacing between opposing fence posts.

F. Bottom rails (underside) may not deviate from 3” 3.5” ground clearance above surrounding grade.

G. Fence pickets may not deviate from being plumb with surrounding grade.

H. Gates may not deviate from being level and plumb.

I. Fasteners may not protrude through the exterior of pickets/posts/rails.

J. Post/Rail inserts may not be visible from the exterior.

K. Contractor-modified components shall be such that they are snug when installed to minimize play and rattling.

L. Measurements not addressed in A-L will not be allowed to deviate from that specified without prior approval from the GPOC COR.

6.2. Fence and Appurtenance Removal.

6.2.1. Removal. The contractor shall remove approximately 910 LF of existing PVC fence and appurtenances consisting of 150, 6’ fence sections (w/ 11 pickets per section), 152 fence posts, and 2, 5’ gates. Removal shall include the removal of all above-ground/below-ground fence-related components and materials in their entirety to include, but not limited to, PVC fence components, hardware/fasteners, concrete grout/footings, etc. Post holes not immediately or incompletely backfilled shall be delineated with high-visibility barrier devices (e.g. traffic cones, folding barricades, etc.) to protect the public and wildlife from injury.

6.2.2. Backfilling. Deposit backfill in lifts a maximum of 4” thick and thoroughly compacted until reaching surrounding grade.

6.3. Fence and Appurtenance Installation.

6.3.1. Installation. The contractor shall assemble and install approximately 994 1,150 LF of PVC fence and appurtenances. consisting of 1) 166 fence posts, 2) 166 fence post caps, 3) 164 fence sections, 4) 1,968 pickets, 1,968 picket caps, 2 gates (pre-assembled), and associated hardware. Fencing shall be installed in accordance with the manufacturer’s installation guide “Attachment C” for the State of South Dakota.

6.3.2. Alignment/Staking. The contractor shall install temporary staking along entire proposed fence location based upon his measurements/layout plan to allow for proper installation and to maintain compliance with provision 6.3.

(Deviations). The contractor and GPOC COR will review the proposed location, make any necessary changes, and mutually agree upon the actual fence location prior to the start of any ground-disturbing activities.

6.3.3. Post Holes. Holes shall be 12” in diameter and carried down to a depth of 35” 34.5” below ground level regardless of the soil conditions encountered allowing for an above-ground post height of 43” 43.5”. Post holes, cylindrical in shape and plumb with the centers in true vertical alignment and with bottom compacted flat to level grade. Set posts in center of hole and backfill completely around exterior of post with lightweight aggregate concrete manufactured specifically for post installation applications, ensuring cured concrete gently slopes away from posts to the surrounding grade. A minimum of 90 lb. concrete shall be used on line posts and a minimum of 120 lb.

concrete on end, corner, gate, and transition posts. Concrete splashed onto any above-ground fencing components (including hardware), grave markers, headstones, interpretive panels, trash receptacles, benches, concrete walkways, and flagpoles shall be immediately wiped off with a clean/damp cloth leaving the item(s) free of concrete residue and streaks.

6.3.4. Fence Sections. Sections shall be installed equally-spaced between opposing fence posts. Sections shall be installed with the underside of the bottom rail maintaining 3” 3.5” ground clearance above surrounding grade and each individual picket being plumb with the surrounding grade. A single PVC u-channel (clot) shall be installed on adjoining ends of top rails inside each line post via one screw in each rail. Post and picket caps shall be affixed with clear PVC cement applied to all mated surfaces (post caps) and tabs (picket caps). Excess PVC cement visible on the outside of the posts and pickets shall be immediately wiped off with a clean/damp cloth leaving them free of all PVC residue.

6.3.5. Gates. Gates shall be installed so they are level and plumb with each other and the adjacent fence sections.

Gates shall be installed so that they close and latch properly without any binding or excessive play/sloppiness and with the underside of the bottom rail maintaining 3 3.5” ground clearance above surrounding grade and each individual picket being plumb with the surrounding grade. Gate post inserts shall be installed inside each gate hinge post with no part of the insert visible from the exterior of the posts.

6.3.6. Hardware. Hardware shall not protrude through the exterior of posts and shall be free of structural/cosmetic defects upon installation. Any hardware deemed structurally/cosmetically defective by the GPOC COR shall be replaced by the contractor at no additional cost to the government.

6.4. Cleanup. The contractor shall remove all fencing materials and contractor-generated waste from federal land and dispose of it at an authorized disposal site(s).

6.5. Final Inspection. Work will not be considered ready for final inspection until each specific task has been completed in its entirety and the contractor has verified that all items are properly operating and in strict compliance with all requirements of the PWS SOW. The contractor shall notify the GPOC COR a minimum of 2 business days prior to the anticipated date of completion to schedule the final inspection. The contractor shall be required to attend the final inspection with the GPOC COR. The contractor shall be required to correct all deficiencies at no additional cost to the government.

6.6. Invoicing: The contractor shall be required to prepare an invoice to receive payment for services rendered. The invoice shall be submitted in accordance with provision 1.7. (Invoicing/Payment).

7. ATTACHMENTS.

Attachment A - Location Map Attachment B - Ft. Randall Cemetery Map Attachment C – Installation Guide

8. SUBMITTALS: Prior to commencement of work, and within 10 calendar days of NTP, the contractor shall submit the following documents to the COR for review and approval.

a. Certificate of Insurance: In accordance with the solicitation for insurance required (FAR 52.228-5).

The contractor shall provide and maintain the kinds and minimum amounts of insurance required for the contract. Before commencing work under this contract, the contractor shall notify the contracting officer in writing that the required insurance has been obtained.

b. Accident Prevention Plan: A qualified person must prepare the written site-specific APP. Prepare the APP in accordance with the format and requirements of EM 385-1-1, Appendix A, and as supplemented herein. Cover all paragraph and subparagraph elements in EM 385-1-1, Appendix A.

The APP must be job-specific and address any unusual or unique aspects of the project or activity for which it is written. The APP must interface with the Contractor's overall safety and health program referenced in the APP in the applicable APP element, and made site-specific. Describe the methods to evaluate past safety performance of potential subcontractors in the selection process. Also, describe innovative methods used to ensure and monitor safe work practices of subcontractors. The Government considers the Prime Contractor to be the "controlling authority" for all work site safety and health of the subcontractors. Contractors are responsible for informing their subcontractors of the safety provisions under the terms of the Contract and the penalties for noncompliance, coordinating the work to prevent one craft from interfering with or creating hazardous working conditions for other crafts, and inspecting subcontractor operations to ensure that accident prevention responsibilities are being carried out. The APP must be signed by an officer of the firm (Prime Contractor senior person), the individual preparing the APP, the on-site superintendent, the designated SSHO, the Contractor Quality Control Manager, and any designated Certified Safety Professional (CSP) or Certified Health Physicist (CIH).

The SSHO must provide and maintain the APP and a log of signatures by each subcontractor foreman, attesting that they have read and understand the APP, and make the APP and log available on-site to the Contracting Officer. If English is not the foreman's primary language, the Prime Contractor must provide an interpreter. The government will furnish the USACE Manual EM 385-1-1 entitled “Safety and Health Requirements Manual”, dated July 2014 (electronic version).

c. Work Plan: The work plan is addressed in Para 5.9.1 of the PWS SOW and is to be completed at the

Pre-Work Meeting. At this meeting the contractor shall submit contact information (phone and email) for key personnel and a work plan. The work plan shall be revised as needed to produce a mutually acceptable plan for performance of the work required. Once approved, the work plan shall not be changed without the approval of the GPOC COR.

d. Security Personnel List: Submit a complete, updated and signed, list of all Contractor and subcontractor personnel, including their titles and intended working hours, who will be working on site prior to start of work. This listing shall be revised and resubmitted when personnel changes occur.

SECTION F - DELIVERIES OR PERFORMANCE

The following Delivery Schedule item for CLIN 0001 has been changed from:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

22-MAY-2022 1 COE FT RANDALL PRJT OFC NTR RSC SC

MIKE HUBERT

USAED OMAHACENWO-OD-FR-N

113 RANDALL CREEK ROAD

PICKSTOWN SD 57367

605-487-7845 X 3222 FOB: Destination

968805

To:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

216 dys. ANP 1 COE FT RANDALL PRJT OFC NTR RSC SC

MIKE HUBERT

USAED OMAHACENWO-OD-FR-N

113 RANDALL CREEK ROAD

PICKSTOWN SD 57367

605-487-7845 X 3222 FOB: Destination

968805

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 216 days after the NTP. The time stated for completion shall include final cleanup of the premises.

(End of clause)

SECTION I - CONTRACT CLAUSES

The following have been added by full text:

52.232-16 PROGRESS PAYMENTS (JUN 2020)

The Government will make progress payments to the Contractor when requested as work progresses, but not more frequently than monthly, in amounts of $2,500 or more approved by the Contracting Officer, under the following conditions:

(a) Computation of amounts.

(1) Unless the Contractor requests a smaller amount, the Government will compute each progress payment as 80 percent of the Contractor's total costs incurred under this contract whether or not actually paid, plus financing payments to subcontractors (see paragraph (j) of this clause), less the sum of all previous progress payments made by the Government under this contract. The Contracting Officer will consider cost of money that would be allowable under Federal Acquisition Regulation (FAR) 31.205-10 as an incurred cost for progress payment purposes.

(2) The amount of financing and other payments for supplies and services purchased directly for the contract are limited to the amounts that have been paid by cash, check, or other forms of payment, or that are determined due and will be paid to subcontractors--

(i) In accordance with the terms and conditions of a subcontract or invoice; and

(ii) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government.

(3) The Government will exclude accrued costs of Contractor contributions under employee pension plans until actually paid unless--

(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's total costs for progress payments until paid).

(4) The Contractor shall not include the following in total costs for progress payment purposes in paragraph (a)(1) of this clause:

(i) Costs that are not reasonable, allocable to this contract, and consistent with sound and generally accepted accounting principles and practices.

(ii) Costs incurred by subcontractors or suppliers.

(iii) Costs ordinarily capitalized and subject to depreciation or amortization except for the properly depreciated or amortized portion of such costs.

(iv) Payments made or amounts payable to subcontractors or suppliers, except for --

(A) Completed work, including partial deliveries, to which the Contractor has acquired title; and

(B) Work under cost-reimbursement or time-and-material subcontracts to which the Contractor has acquired title.

(5) The amount of unliquidated progress payments may exceed neither (i) the progress payments made against incomplete work (including allowable unliquidated progress payments to subcontractors) nor

(ii) the value, for progress payment purposes, of the incomplete work. Incomplete work shall be considered to be the supplies and services required by this contract, for which delivery and invoicing by the Contractor and acceptance by the Government are incomplete.

(6) The total amount of progress payments shall not exceed 80 percent of the total contract price.

(7) If a progress payment or the unliquidated progress payments exceed the amounts permitted by subparagraphs (a)(4) or (a)(5) of this clause, the Contractor shall repay the amount of such excess to the Government on demand.

(8) Notwithstanding any other terms of the contract, the Contractor agrees not to request progress payments in dollar amounts of less than $2,500. The Contracting Officer may make exceptions.

(9) The costs applicable to items delivered, invoiced, and accepted shall not include costs in excess of the contract price of the items.

(b) Liquidation. Except as provided in the Termination for Convenience of the Government clause, all progress payments shall be liquidated by deducting from any payment under this contract, other than advance or progress payments, the unliquidated progress payments, or 80 percent of the amount invoiced, whichever is less. The Contractor shall repay to the Government any amounts required by a retroactive price reduction, after computing liquidations and payments on past invoices at the reduced prices and adjusting the unliquidated progress payments accordingly. The Government reserves the right to unilaterally change from the ordinary liquidation rate to an alternate rate when deemed appropriate for proper contract financing.

(c) Reduction or suspension. The Contracting Officer may reduce or suspend progress payments, increase the rate of liquidation, or take a combination of these actions, after finding on substantial evidence any of the following conditions:

(1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (f) and (g) of this clause).

(2) Performance of this contract is endangered by the Contractor's --

(i) Failure to make progress or

(ii) Unsatisfactory financial condition.

(3) Inventory allocated to this contract substantially exceeds reasonable requirements.

(4) The Contractor is delinquent in payment of the costs of performing this contract in the ordinary course of business.

(5) The fair value of the undelivered work is less than the amount of unliquidated progress payments for that work.

(6) The Contractor is realizing less profit than that reflected in the establishment of any alternate liquidation rate in paragraph (b) of this clause, and that rate is less than the progress payment rate stated in subparagraph (a)(1) of this clause.

(d) Title.

(1) Title to the property described in this paragraph (d) shall vest in the Government. Vestiture shall be immediately upon the date of this contract, for property acquired or produced before that date. Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract.

(2) "Property," as used in this clause, includes all of the below-described items acquired or produced by the Contractor that are or should be allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices.

(i) Parts, materials, inventories, and work in process;

(ii) Special tooling and special test equipment to which the Government is to acquire title;

(iii) Nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment, and other similar manufacturing aids, title to which would not be obtained as special tooling under paragraph (d) (2)(ii) of this clause; and

(iv) Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the Government by other clauses of this contract.

(3) Although title to property is in the Government under this clause, other applicable clauses of this contract; e.g., the termination clauses, shall determine the handling and disposition of the property.

(4) The Contractor may sell any scrap resulting from production under this contract without requesting the Contracting Officer's approval, but the proceeds shall be credited against the costs of performance.

(5) To acquire for its own use or dispose of property to which title is vested in the Government under this clause, the Contractor must obtain the Contracting Officer's advance approval of the action and the terms. The Contractor shall

(i) exclude the allocable costs of the property from the costs of contract performance, and (ii) repay to the Government any amount of unliquidated progress payments allocable to the property. Repayment may be by cash or credit memorandum.

(6) When the Contractor completes all of the obligations under this contract, including liquidation of all progress payments, title shall vest in the Contractor for all property (or the proceeds thereof) not--

(i) Delivered to, and accepted by, the Government under this contract; or

(ii) Incorporated in supplies delivered to, and accepted by, the Government under this contract and to which title is vested in the Government under this clause.

(7) The terms of this contract concerning liability for Government-furnished property shall not apply to property to which the Government acquired title solely under this clause.

(e) Risk of loss. Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for property, the title to which vests in the Government under this clause, except to the extent the Government expressly assumes the risk. The Contractor shall repay the Government an amount equal to the unliquidated progress payments that are based on costs allocable to property that is lost (see 45.101).

(f) Control of costs and property. The Contractor shall maintain an accounting system and controls adequate for the proper administration of this clause.

(g) Reports, forms, and access to records. (1) The Contractor shall promptly furnish reports, certificates, financial statements, and other pertinent information (including estimates to complete) reasonably requested by the Contracting Officer for the administration of this clause. Also, the Contractor shall give the Government reasonable opportunity to examine and verify the Contractor's books, records, and accounts.

(2) The Contractor shall furnish estimates to complete that have been developed or updated within six months of the date of the progress payment request. The estimates to complete shall represent the Contractor's best estimate of total costs to complete all remaining contract work required under the contract. The estimates shall include sufficient detail to permit Government verification.

(3) Each Contractor request for progress payment shall:

(i) Be submitted on Standard Form 1443, Contractor's Request for Progress Payment, or the electronic equivalent as required by agency regulations, in accordance with the form instructions and the contract terms; and

(ii) Include any additional supporting documentation requested by the Contracting Officer.

(h) Special terms regarding default. If this contract is terminated under the Default clause, (i) the Contractor shall, on demand, repay to the Government the amount of unliquidated progress payments and (ii) title shall vest in the Contractor, on full liquidation of progress payments, for all property for which the Government elects not to require delivery under the Default clause. The Government shall be liable for no payment except as provided by the Default clause.

(i) Reservations of rights.

(1) No payment or vesting of title under this clause shall --

(i) Excuse the Contractor from performance of obligations under this contract or

(ii) Constitute a waiver of any of the rights or remedies of the parties under the contract.

(2) The Government's rights and remedies under this clause

(i) Shall not be exclusive but rather shall be in addition to any other rights and remedies provided by law or this contract and

(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

(j) Financing payments to subcontractors. The financing payments to subcontractors mentioned in paragraphs (a)(1) and (a)(2) of this clause shall be all financing payments to subcontractors or divisions, if the following conditions are met:

(1) The amounts included are limited to--

(i) The unliquidated remainder of financing payments made; plus

(ii) Any unpaid subcontractor requests for financing payments.

(2) The subcontract or interdivisional order is expected to involve a minimum of approximately 6 months between the beginning of work and the first delivery; or, if the subcontractor is a small business concern, 4 months.

(3) If the financing payments are in the form of progress payments, the terms of the subcontract or interdivisional order concerning progress payments--

(i) Are substantially similar to the terms of this clause for any subcontractor that is a large business concern, or this clause with its Alternate I for any subcontractor that is a small business concern;

(ii) Are at least as favorable to the Government as the terms of this clause;

(iii) Are not more favorable to the subcontractor or division than the terms of this clause are to the Contractor;

(iv) Are in conformance with the requirements of FAR 32.504(e); and

(v) Subordinate all…