W912DS-08-B-0005 Amendment 2.pdf

W16ROE80946030

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 purpose of this amendment is:

1. Update FAR 52.219-9 Alt 1, FAR 52.223-4, and FAR 52.228-1

2. Include revisions to the specif ications.

3. Include revision to the draw ings.

The Bid Due Date remains unchanged, 16 June 2008 at 2:00 PM EST.

NOTE: Offerors must acknolw edge receipt of this amendment by the date specif ied in the bid (or as amended) by one of the follow ing methods: In the space provided on the SF 1442, by separate letter, by telegram, or by signing block 15 of the SF 30. FAILURE TO ACKNOWLEDGE AMENDMENTS BY THE DATE AND TIME SPECIFIED MAY RESULT IN REDUCTION OF YOUR BID IN ACCORDANCE WITH THE

LATE BID, LATE MODIFICATION, OR LATE WITHDRAWAL OF BID (FAR 14.304).

1. CONTRACT ID CODE PAGE OF PAGES

J 1 13

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

16C. DATE SIGNED

BY 03-Jun-2008

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 W912DS-08-B-0005

X 9B. DATED (SEE ITEM 11)

15-May-2008

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

03-Jun-2008

CODE

US ARMY CORPS OF ENGINEERS, NEW YORK

26 FEDERAL PLAZA, RM 1843

NEW YORK NY 10278-0090

W912DS 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912DS-08-B-0005

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

AMENDMENT #2

1) CLAUSE UPDATE:

SECTION 00700 Clause 52.219-9 Alternate I has been updated to include the April 2008 version.

SECTION 00700 Clause 52.223-4 has been updated to include the May 2008 version.

SECTION 00700 Clause 52.228-1 has been revised to include the proper fill-ins.

2) SPECIFICATION & PLAN CHANGES:

A. Specifications:

a. Freshwater Wetlands Individual Permit added (See Appendix A)

b. Revised Spec Section 05 48 10.00 18 (See Appendix B).

c. Section 00800, Paragraph 14 revised as follows:

14. FIELD OFFICE AND VEHICLE

a. The Contractor shall furnish, prior to the start of work, a lockable new field office and new equipment for the use of the Contracting Officer.

b. A lease commercial office space is acceptable as the field office.

c. The office shall be located in close proximity to the project site.

d. The following shall be submitted for approval:

Equipment and Services:

No separate payment shall be made for providing the items below and all costs in connection therewith will be considered the obligation of the Contractor.

- Office space shall be a minimum of 1,600 SF, with lockable interior doors. The space (if rented in a building) shall be in good condition. The office shall contain at least two operable windows with screens.

- One (1) enclosed bathroom with hot and cold water.

- One (1) enclosed office of minimum dimensions of 12 feet x 12 feet.

- Partitioned open flat area to accommodate three (3) office cubicles and meeting area having a minimum of 1,400 SF.

- Four (4) office desks with lockable drawers (60 inches x 30 inches) laminated top and high-back cloth swivel chairs.

- Four (4) fire-proof, 4-drawer, legal-size lockable filing cabinets.

- Two (2) shelf sets, four-shelves high x 12 inches deep x 3 feet long (attachable to wall).

- One (1) 21” Color TV with basic cable service with the Weather Cannel included.

- Wall TV/VCR swivel mount with outlet surge protector.

- Three (3) office conference tables, 2-1/2 feet by 8 feet with laminated top oval configuration.

- Eight (8) straight high back office chairs with wheels.

- One (1) bulletin board, 3 feet x 5 feet.

- Four (4) wastebaskets with supply of bags.

- One (1) vertical filing plan rack for twelve sets of E-size plans.

- One (1) drafting table for E-size drawings and chair.

- Three (3) office tables, 3 feet x 8 feet with laminated top.

- Two (2) coat racks.

- One (1) paper towel dispenser with towels.

- One (1) paper cup dispenser with cups.

- One (1) water cooler/heater with water.

- Toilet facilities as specified.

- One (1) steel locking storage cabinet.

- All structures installed under this paragraph FIELD OFFICE shall be provided with, as a minimum, the following services:

• Lighting: electric light, non-glare types luminaries to provide a minimum illumination level of 50-foot candles at desk height level

• Heating and Cooling: adequate equipment to maintain an ambient air temperature of 70 degrees F +/- 3 degrees

• Window Blinds

• Potable bottled water

• Fire Extinguisher: non-toxic, dry chemical, fire extinguisher meeting

Underwriters Laboratories, Inc. approval for Class A, Class B and Class C fires with a minimum rating of 10A; 20B, 10C

• Toilets: two separate enclosed rooms power-ventilated, heated and complying with applicable sanitary codes including hot and cold running water and flush-type toilet

• Radio communication equipment including base station and two (2) potable units on the Contractor’s frequency, all with desk chargers. If Contractor’s frequency is not VHF then provide, in addition to the Contractor’s frequency equipment, a VHF Base Station and four (4) hand-held VHF radios with desk chargers similar to ICOM IC-M125 (Base Station) and IC-M15 Hand-Held

• 24-hour electronic security alarm system with direct feed to local police

• DSL or Cable Modem Service: Business DSL or cable modem service with all required equipment (modems, filters, Ethernet NIC cards, etc.) shall be provided for the entire duration of the contract. DSL service shall be 1.5Mbps downstream/ 384Kbps upstream. Service shall utilize a Static IP address for the connection. Contractor shall pay all costs associated with this service including any ISP fees. DSL or Cable Modem service shall be a ‘dedicated’ service, and this line shall not be shared with any other Users (i.e., Contractors Field Office

Trailer and USACE Field Office Trailer shall not utilize the same DSL or Cable Modem line via an Ethernet Switch/Hub). All field office computers shall be provided with and have installed all required equipment (Switch, Hub, Ethernet NIC Cards, modems, etc.).

• The contractor shall be responsible for the monthly utility and telephone payment and installation cost of the above service and equipment.

- Janitorial services on a daily basis including, but not limited to, sweeping, emptying baskets, weekly mopping, dusting all surfaces, servicing of toilets and washing and waxing floors, cleaning all windows (inside and out) and re-supply of paper goods and soap.

- Sufficient supply of electrical outlets meeting NEC code for residential construction.

- First Aid Kit: As a minimum the kit shall include antiseptic kit, eyewash solution, bandages, insect sting medication, aspirin and acetaminophen, and cold pack.

- The field office shall be removed from the project site when and as directed by the

Contracting Officer.

- The Contractor shall also supply a vehicle to the Area Engineer Staff for their use. This vehicle shall be a utility vehicle type six-passenger pick-up truck, with 4-wheel drive.

Maintenance of the vehicle shall be the contractor’s responsibility.

- Printer: Hewlett Packard LaserJet 4100 Series Printer or equivalent Laserjet Printer with 10,000 sheets of 8-1/2 x 11 laser-type print paper.

- Digital Camera: One (1) digital camera Kodak DC22 (or equal) 028 to 105 zoom compact with propriety software established to be legal court documents with case, spare battery and memory card, computer interface and program and desk charger.

- Copier: One heavy duty, digital dry process photocopying machine, with auto document feeder, sorter, collator, enlarging/reduction ability, 8.5 x 11, 8.5 x 14 and 11 x 17 paper trays and adequate supply of copy paper and printing supplies. The supply of copy paper shall be replenished by the Contractor regularly as required by the Contracting Officer.

- Fax Machine: One plain paper fax machine with a dedicated telephone line and an adequate supply of paper. The Contractor shall replenish the supply of fax paper, weekly as required by the Contracting Officer.

- Telephone: Five telephones: 3 separate telephones with extension and intercom connection, a separate cordless station phone 900 MHz (2) line (total 4 units). Telephone shall be two lines with twenty number memories. Phone service shall be applied in the Contractor’s name and itemized bills paid by the Contractor. Installation and phone company fees shall be paid by the Contractor. The Contractor shall arrange for the telephone service and instrument as follows:

• 2 lines with 4 instruments, 5 jacks, for voice communication and intercom.

• 1 line dedicated for use by fax machines.

• 1 line dedicated for use by 2 computer modems.

• 1 TCIP modem line for the network computer.

- Telephone Answering Machine: One 2-line digital telephone answering machine with remote answering and access capability and voice time/day stamp.

B. Plans:

The following plans have been revised:

CG-104, C-503, C-506, CS-102, C-301, C-302, C-512 (See Appendix C)

SECTION 00700 - CONTRACT CLAUSES

FAR 52.219-9 Small Business Subcontracting Plan (Apr 2008)

(a) This clause does not apply to small business concerns.

(b) Definitions. As used in this clause—

“Alaska Native Corporation (ANC)” means any Regional Corporation, Village Corporation, Urban Corporation, or Group Corporation organized under the laws of the State of Alaska in accordance with the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601, et seq.) and which is considered a minority and economically disadvantaged concern under the criteria at 43 U.S.C. 1626(e)(1). This definition also includes ANC direct and indirect subsidiary corporations, joint ventures, and partnerships that meet the requirements of 43 U.S.C. 1626(e)(2).

“Commercial item” means a product or service that satisfies the definition of commercial item in section 2.101 of the Federal Acquisition Regulation.

“Commercial plan” means a subcontracting plan (including goals) that covers the offeror’s fiscal year and that applies to the entire production of commercial items sold by either the entire company or a portion thereof (e.g., division, plant, or product line).

“Electronic Subcontracting Reporting System (eSRS)” means the Governmentwide, electronic, web-based system for small business subcontracting program reporting. The eSRS is located at http://www.esrs.gov.

“Indian tribe” means any Indian tribe, band, group, pueblo, or community, including native villages and native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act (43 U.S.C.A. 1601 et seq.), that is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs in accordance with 25 U.S.C. 1452(c). This definition also includes Indian-owned economic enterprises that meet the requirements of 25 U.S.C. 1452(e).

“Individual contract plan” means a subcontracting plan that covers the entire contract period (including option periods), applies to a specific contract, and has goals that are based on the offeror’s planned subcontracting in support of the specific contract, except that indirect costs incurred for common or joint purposes may be allocated on a prorated basis to the contract.

“Master plan” means a subcontracting plan that contains all the required elements of an individual contract plan, except goals, and may be incorporated into individual contract plans, provided the master plan has been approved.

“Subcontract” means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract.

(c) The offeror, upon request by the Contracting Officer, shall submit and negotiate a subcontracting plan, where applicable, that separately addresses subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business concerns, small disadvantaged business, and women-owned small business concerns. If the offeror is submitting an individual contract plan, the plan must separately address subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns, with a separate part for the basic contract and separate parts for each option (if any). The plan shall be included in and made a part of the resultant contract. The subcontracting plan shall be negotiated within the time specified by the Contracting Officer. Failure to submit and negotiate the subcontracting plan shall make the offeror ineligible for award of a contract.

(d) The offeror’s subcontracting plan shall include the following:

(1) Goals, expressed in terms of percentages of total planned subcontracting dollars, for the use of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns as subcontractors. The offeror shall include all sub-contracts that contribute to contract performance, and may include a proportionate share of products and services that are normally allocated as indirect costs. In accordance with 43 U.S.C. 1626:

(i) Subcontracts awarded to an ANC or Indian tribe shall be counted towards the subcontracting goals for small business and small disadvantaged business (SDB) concerns, regardless of the size or Small Business Administration certification status of the ANC or Indian tribe.

(ii) Where one or more subcontractors are in the subcontract tier between the prime contractor and the ANC or Indian tribe, the ANC or Indian tribe shall designate the appropriate contractor(s) to count the subcontract towards its small business and small disadvantaged business subcontracting goals.

(A) In most cases, the appropriate Contractor is the Contractor that awarded the subcontract to the ANC or Indian tribe.

(B) If the ANC or Indian tribe designates more than one Contractor to count the subcontract toward its goals, the ANC or Indian tribe shall designate only a portion of the total subcontract award to each Contractor. The sum of the amounts designated to various Contractors cannot exceed the total value of the subcontract.

(C) The ANC or Indian tribe shall give a copy of the written designation to the Contracting Officer, the prime Contractor, and the subcontractors in between the prime Contractor and the ANC or Indian tribe within 30 days of the date of the subcontract award.

(D) If the Contracting Officer does not receive a copy of the ANC’s or the Indian tribe’s written designation within 30 days of the subcontract award, the Contractor that awarded the subcontract to the ANC or Indian tribe will be considered the designated Contractor.

(2) A statement of—

(i) Total dollars planned to be subcontracted for an individual contract plan; or the offeror’s total projected sales, expressed in dollars, and the total value of projected subcontracts to support the sales for a commercial plan;

(ii) Total dollars planned to be subcontracted to small business concerns (including ANC and Indian tribes);

(iii) Total dollars planned to be subcontracted to veteran-owned small business concerns;

(iv) Total dollars planned to be subcontracted to service-disabled veteran-owned small business;

(v) Total dollars planned to be subcontracted to HUBZone small business concerns;

(vi) Total dollars planned to be subcontracted to small disadvantaged business concerns (including ANCs and Indian tribes); and

(vii) Total dollars planned to be subcontracted to women-owned small business concerns.

(3) A description of the principal types of supplies and services to be subcontracted, and an identification of the types planned for subcontracting to—

(i) Small business concerns;

(ii) Veteran-owned small business concerns;

(iii) Service-disabled veteran-owned small business concerns;

(iv) HUBZone small business concerns;

(v) Small disadvantaged business concerns; and

(vi) Women-owned small business concerns.

(4) A description of the method used to develop the subcontracting goals in paragraph (d)(1) of this clause.

(5) A description of the method used to identify potential sources for solicitation purposes (e.g., existing company source lists, the Central Contractor Registration database (CCR), veterans service organizations, the National Minority Purchasing Council Vendor Information Service, the Research and Information Division of the Minority Business Development Agency in the Department of Commerce, or small, HUBZone, small disadvantaged, and women-owned small business trade associations). A firm may rely on the information contained in CCR as an accurate representation of a concern’s size and ownership characteristics for the purposes of maintaining a small, veteran-owned small, service-disabled veteran-owned small, HUBZone small, small disadvantaged, and women-owned small business source list. Use of CCR as its source list does not relieve a firm of its responsibilities (e.g., outreach, assistance, counseling, or publicizing subcontracting opportunities) in this clause.

(6) A statement as to whether or not the offeror included indirect costs in establishing subcontracting goals, and a description of the method used to determine the proportionate share of indirect costs to be incurred with—

(i) Small business concerns (including ANC and Indian tribes);

(ii) Veteran-owned small business concerns;

(iii) Service-disabled veteran-owned small business concerns;

(iv) HUBZone small business concerns;

(v) Small disadvantaged business concerns (including ANC and Indian tribes); and

(vi) Women-owned small business concerns.

(7) The name of the individual employed by the offeror who will administer the offeror’s subcontracting program, and a description of the duties of the individual.

(8) A description of the efforts the offeror will make to assure that small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns have an equitable opportunity to compete for subcontracts.

(9) Assurances that the offeror will include the clause of this contract entitled “Utilization of Small Business Concerns” in all subcontracts that offer further subcontracting opportunities, and that the offeror will require all subcontractors (except small business concerns) that receive subcontracts in excess of $550,000 ($1,000,000 for construction of any public facility) with further subcontracting possibilities to adopt a subcontracting plan that complies with the requirements of this clause.

(10) Assurances that the offeror will—

(i) Cooperate in any studies or surveys as may be required;

(ii) Submit periodic reports so that the Government can determine the extent of compliance by the offeror with the subcontracting plan;

(iii) Submit the Individual Subcontract Report (ISR) and/or the Summary Subcontract Report (SSR), in accordance with paragraph (l) of this clause using the Electronic Subcontracting Reporting System (eSRS) at http://www.esrs.gov. The reports shall provide information on subcontract awards to small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, women-owned small business concerns, and Historically Black Colleges and Universities and Minority Institutions. Reporting shall be in accordance with this clause, or as provided in agency regulations;

(iv) Ensure that its subcontractors with subcontracting plans agree to submit the ISR and/or the SSR using eSRS;

(v) Provide its prime contract number, its DUNS number, and the e-mail address of the Government or Contractor official responsible for acknowledging or rejecting the reports, to all first-tier subcontractors with subcontracting plans so they can enter this information into the eSRS when submitting their reports; and

(vi) Require that each subcontractor with a subcontracting plan provide the prime contract number, its own DUNS number, and the e-mail address of the Government or Contractor official responsible for acknowledging or rejecting the reports, to its subcontractors with subcontracting plans.

(11) A description of the types of records that will be maintained concerning procedures that have been adopted to comply with the requirements and goals in the plan, including establishing source lists; and a description of the offeror’s efforts to locate small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns and award subcontracts to them. The records shall include at least the following (on a plant-wide or company-wide basis, unless otherwise indicated):

(i) Source lists (e.g., CCR), guides, and other data that identify small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns.

(ii) Organizations contacted in an attempt to locate sources that are small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, or women-owned small business concerns.

(iii) Records on each subcontract solicitation resulting in an award of more than $100,000, indicating—

(A) Whether small business concerns were solicited and, if not, why not;

(B) Whether veteran-owned small business concerns were solicited and, if not, why not;

(C) Whether service-disabled veteran-owned small business concerns were solicited and, if not, why not;

(D) Whether HUBZone small business concerns were solicited and, if not, why not;

(E) Whether small disadvantaged business concerns were solicited and, if not, why not;

(F) Whether women-owned small business concerns were solicited and, if not, why not; and

(G) If applicable, the reason award was not made to a small business concern.

(iv) Records of any outreach efforts to contact—

(A) Trade associations;

(B) Business development organizations;

(C) Conferences and trade fairs to locate small, HUBZone small, small disadvantaged, and women-owned small business sources; and

(D) Veterans service organizations.

(v) Records of internal guidance and encouragement provided to buyers through—

(A) Workshops, seminars, training, etc.; and

(B) Monitoring performance to evaluate compliance with the program’s requirements.

(vi) On a contract-by-contract basis, records to support award data submitted by the offeror to the Government, including the name, address, and business size of each subcontractor. Contractors having commercial plans need not comply with this requirement.

(e) In order to effectively implement this plan to the extent consistent with efficient contract performance, the Contractor shall perform the following functions:

(1) Assist small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by such concerns. Where the Contractor’s lists of potential small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business subcontractors are excessively long, reasonable effort shall be made to give all such small business concerns an opportunity to compete over a period of time.

(2) Provide adequate and timely consideration of the potentialities of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns in all “make-or-buy” decisions.

(3) Counsel and discuss subcontracting opportunities with representatives of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business firms.

(4) Confirm that a subcontractor representing itself as a HUBZone small business concern is identified as a certified HUBZone small business concern by accessing the Central Contractor Registration (CCR) database or by contacting

SBA.

(5) Provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as small, veteran-owned small business, HUBZone small, small disadvantaged, or women-owned small business for the purpose of obtaining a subcontract that is to be included as part or all of a goal contained in the Contractor’s subcontracting plan.

(f) A master plan on a plant or division-wide basis that contains all the elements required by paragraph (d) of this clause, except goals, may be incorporated by reference as a part of the subcontracting plan required of the offeror by this clause; provided—

(1) The master plan has been approved;

(2) The offeror ensures that the master plan is updated as necessary and provides copies of the approved master plan, including evidence of its approval, to the Contracting Officer; and

(3) Goals and any deviations from the master plan deemed necessary by the Contracting Officer to satisfy the requirements of this contract are set forth in the individual subcontracting plan.

(g) A commercial plan is the preferred type of subcontracting plan for contractors furnishing commercial items. The commercial plan shall relate to the offeror’s planned subcontracting generally, for both commercial and Government business, rather than solely to the Government contract. Once the Contractor’s commercial plan has been approved, the Government will not require another subcontracting plan from the same Contractor while the plan remains in effect, as long as the product or service being provided by the Contractor continues to meet the definition of a commercial item. A Contractor with a commercial plan shall comply with the reporting requirements stated in paragraph (d)(10) of this clause by submitting one SSR in eSRS for all contracts covered by its commercial plan.

This report shall be acknowledged or rejected in eSRS by the Contracting Officer who approved the plan. This report shall be submitted within 30 days after the end of the Government’s fiscal year.

(h) Prior compliance of the offeror with other such subcontracting plans under previous contracts will be considered by the Contracting Officer in determining the responsibility of the offeror for award of the contract.

(i) A contract may have no more than one plan. When a modification meets the criteria in 19.702 for a plan, or an option is exercised, the goals associated with the modification or option shall be added to those in the existing subcontract plan.

(j) Subcontracting plans are not required from subcontractors when the prime contract contains the clause at 52.212- 5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items, or when the subcontractor provides a commercial item subject to the clause at 52.244-6, Subcontracts for Commercial Items, under a prime contract.

(k) The failure of the Contractor or subcontractor to comply in good faith with—

(1) The clause of this contract entitled “Utilization Of Small Business Concerns;” or

(2) An approved plan required by this clause, shall be a material breach of the contract.

(l) The Contractor shall submit ISRs and SSRs using the web-based eSRS at http://www.esrs.gov. Purchases from a corporation, company, or subdivision that is an affiliate of the prime Contractor or subcontractor are not included in these reports. Subcontract award data reported by prime Contractors and subcontractors shall be limited to awards made to their immediate next-tier subcontractors. Credit cannot be taken for awards made to lower tier subcontractors, unless the Contractor or subcontractor has been designated to receive a small business or small disadvantaged business credit from an ANC or Indian tribe.

(1) ISR. This report is not required for commercial plans. The report is required for each contract containing an individual subcontract plan and shall be submitted to the Administrative Contracting Officer (ACO) or Contracting Officer, if no ACO is assigned.

(i) The report shall be submitted semi-annually during contract performance for the periods ending March 31 and September 30. A report is also required for each contract within 30 days of contract completion. Reports are due 30 days after the close of each reporting period, unless otherwise directed by the Contracting Officer. Reports are required when due, regardless of whether there has been any subcontracting activity since the inception of the contract or the previous reporting period.

(ii) When a subcontracting plan contains separate goals for the basic contract and each option, as prescribed by FAR 19.704(c), the dollar goal inserted on this report shall be the sum of the base period through the current option; for example, for a report submitted after the second option is exercised, the dollar goal would be the sum of the goals for the basic contract, the first option, and the second option.

(iii) The authority to acknowledge receipt or reject the ISR resides—

(A) In the case of the prime Contractor, with the Contracting Officer; and

(B) In the case of a subcontract with a subcontracting plan, with the entity that awarded the subcontract.

(2) SSR.

(i) Reports submitted under individual contract plans—

(A) This report encompasses all subcontracting under prime contracts and subcontracts with the awarding agency, regardless of the dollar value of the subcontracts.

(B) The report may be submitted on a corporate, company or subdivision (e.g. plant or division operating as a separate profit center) basis, unless otherwise directed by the agency.

(C) If a prime Contractor and/or subcontractor is performing work for more than one executive agency, a separate report shall be submitted to each executive agency covering only that agency’s contracts, provided at least one of that agency’s contracts is over $550,000 (over $1,000,000 for construction of a public facility) and contains a subcontracting plan. For DoD, a consolidated report shall be submitted for all contracts awarded by military departments/agencies and/or subcontracts awarded by DoD prime Contractors. However, for construction and related maintenance and repair, a separate report shall be submitted for each DoD component.

(D) For DoD and NASA, the report shall be submitted semi-annually for the six months ending March 31 and the twelve months ending September 30. For civilian agencies, except NASA, it shall be submitted annually for the twelve month period ending September 30. Reports are due 30 days after the close of each reporting period.

(E) Subcontract awards that are related to work for more than one executive agency shall be appropriately allocated.

(F) The authority to acknowledge or reject SSRs in eSRS, including SSRs submitted by subcontractors with subcontracting plans, resides with the Government agency awarding the prime contracts.

(ii) Reports submitted under a commercial plan—

(A) The report shall include all subcontract awards under the commercial plan in effect during the Government’s fiscal year.

(B) The report shall be submitted annually, within thirty days after the end of the Government’s fiscal year.

(C) If a Contractor has a commercial plan and is performing work for more than one executive agency, the Contractor shall specify the percentage of dollars attributable to each agency from which contracts for commercial items were received.

(D) The authority to acknowledge or reject SSRs for commercial plans resides with the Contracting Officer who approved the commercial plan.

(iii) All reports submitted at the close of each fiscal year (both individual and commercial plans) shall include a Year-End Supplementary Report for Small Disadvantaged Businesses. The report shall include subcontract awards, in whole dollars, to small disadvantaged business concerns by North American Industry Classification System (NAICS) Industry Subsector. If the data are not available when the year-end SSR is submitted, the prime Contractor and/or subcontractor shall submit the Year-End Supplementary Report for Small Disadvantaged Businesses within 90 days of submitting the year-end SSR. For a commercial plan, the Contractor may obtain from each of its subcontractors a predominant NAICS Industry Subsector and report all awards to that subcontractor under its predominant NAICS Industry Subsector.

(End of clause)

Alternate I (Oct 2001). When contracting by sealed bidding rather than by negotiation, substitute the following paragraph (c) for paragraph (c) of the basic clause:

(c) The apparent low bidder, upon request by the Contracting Officer, shall submit a subcontracting plan, where applicable, that separately addresses subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns. If the bidder is submitting an individual contract plan, the plan must separately address subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns, with a separate part for the basic contract and separate parts for each option (if any). The plan shall be included in and made a part of the resultant contract. The subcontracting plan shall be submitted within the time specified by the Contracting Officer. Failure to submit the subcontracting plan shall make the bidder ineligible for the award of a contract.

FAR 52.223-4 Recovered Material Certification (May 2008)

As required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6962(c)(3)(A)(i)), the offeror certifies, by signing this offer, that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the contract will be at least the amount required by the applicable contract specifications or other contractual requirements.

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20% percent of the bid price or $3,000,000.00 whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of clause)

(End of Summary of Changes)

Appendix A

STATE OF NEW JERSEY

DEPARTMENT OF ENVIRONMENTAL PROTECTION

DIVISION OF LAND USE REGVLATION

501 East State Street. Station Plaz.'lS.l nJ Floor p.o. Box 439. Trenton. New Jersey 0.'-1.625-0439

Fax: (609) 777-3656 or (609) 292-8115 \\'ww.state.rU·m/dep/landuse

PERMIT

In accunlmce with the la\vs and regulatioos of the State ofNcw Jersey, the £Xr1artrn111t of Envm::ruIlmwl ProteLtJon hcrt'by grdJ1l<> thi" pcrmit to {XrtOrril the rivitics descTibed Wow, T1lis pe1mit is Je\!QC'lblc 'With due cause and i~ subjecr to the

Approval Date

'MAY 16 7008

limitatioTl.'i, terms and condiomls listed below and on the attached pages. For Ihe p..rrpJSe of this doo.H11crl~ "fXfluiC means "approval, certifimticn. rcgi~1ration, authoriwtion. waivcr', etc." Violation ofany term, condition or limitation of this pcm1it is a

Expiration Date vitJlation afthe implrnx:nting rules and may subject fue ptm:rittee to enfurccrnent action. HAY 16 2013 Permit Number/s Type of ApprovaUs Enabling Sratutels I 800-0}-000 1.2 NJSA 58: lOA FWW 070001 IP Freshwater Wetlands Individual Pennit NJSA 13:9B

Applicant Site Location

New Jersey Department of Environmental Protection Green Brook Flood Control Project, Segment R-2 501 East S tate Street Borough of Bound Brook Trenton. NJ 08625 Somerset County, New Jersey

The applieant, New Jersey Department of Environmental Protection (N.IDEP]. is proposing structural flood protection (levee system arld floodwall], along the Middle Brook and the Raritan River in the Borough of Bound Brook. Somerset County_ The proposed project cOll5ists of the construction of the connecting Segment R-2 of the Green Brook Flood Control Project. The levee system will be a 4,000 linear foot earihen levee inclucling a pumping station and installation of four outfalls. 740 linear feet of a floodwall, a NJ Transit closure gate with diversion pipes and an East Main Strect closure gate. The levee height in the project location ranges from 40.6 to 45.2 feet above grade, with 2.5:1 side slopes and a 10 foot wide access way on top of the levee in order to provide maintenanee and inspection aceess. The overall purpose of this project is to protect the Borough of Bound Brook from repeated catastrophic flooding events associated with the Raritan River and Middle Brook.

The floodwalI and levee system will result in disturbances of the folIowing: the temporary disturbarlce of 0.954 of an acre of freshwater wetlands, and 0.881 of an aere of wetland transition areas. The pennanent disturbanee of 7.287 acres of freshwater wetlands, and 1.835 aeres of lransition area. The permittee must mitigate for the temporary loss of 0.954 acres forested wetlands through an on-site restoration project and the permanent loss of 7.287 acres of palustrine forested wetlands through use of the Finderne Farm Wetland Mitigation Project as detailed below.

Prepared by

J,\:\"til!Dtl~~1 hXl J~ I< imber y 1<{er~tl"ska Senior Geolog1.st

Received or R,-"cordeJ b:.' County Clerk

THIS PERlVlIT IS NOT EFFECTIVE AND NO CONSTRUCTION APPROVED BY THIS

PER'VIIT, OR OTHER REGULATED ACTIVITY, MAY BE I'NDERTAKEN UNTIL THE

APPLICANT lIAS SATISFIED ALL PRE-CONSTRUCTION CONDITIONS AS SET

FORTH IN THIS PERMIT.

This permit is not valid unless authorizing signature appears on the last page.

Freshwuter Wetlands Individual Pcnnit

DLUR File No.: 1800-03-0001.2 FWW 070001 IP

STANDARD CONDITIONS:

New Jersey. The approved work is described by the text of this pennit and is further detailed by the approved drawings listed herein. All work must confonn to the requirements, conditions and limitations of this pennit and all approved drawings.

b. If you alter the project without prior approval, or expand work beyond the description of this pennit, you may be in violation of State law and may be subject to fines and penalties. Approved work may be altered only with the prior written approval of the Department.

c. You must keep a copy of this pennit and all approved drawings readily available for inspection at the work site.

2. Acceptance of permit: If you begin any activity approved by this pennit, you thereby accept this document in its entirety. and the responsibility to comply with the teTIllS and conditions. If you do not accept or agree with this document in its entirety, do not begin construction. You are entitled to request an appeal within a limited time as detailed on the attaehed Administrative Hearing Request Checklist and Tracking Form.

3. Recording with County Clerk: You must reeord this pennit in the Office of the County Clerk for each county involved in this project. You must also mail or fax a copy of thc front page of this pennit to thc Department showing the received stamp from each County Clerk within 30 days of the issuance date

4. Notice of Construction: You must notify the Department in writing at least 7 days bcfore you begin any work approved by this pennit by submitting the atUlched construction report. TIle Construction Reports are also available at www.nj.gov/dep/landuse/.

5. Expiration date: All activities authorized by this pennit must be completed by the expiration date shown on the first page unless otherwise extended by the Division. At that time, this pennit will automatically become invalid and none of the approved work may begin or continue until a replacement pennit is granted. (Some pennits may qualify for an extension of the expiration date.

Please contact the Department for further infonnation.)

b. Representatlves from the State have the statutory authority to enter and inspect this site to confinn compliance with this pennit and may suspend construction or initiate enforcement action if work does not comply with this pennit.

c. This pennit does not grant property rights. The issuance of this pennit shall not atfeet any action by the State on future applications, nor affect the title or ownership of property, nor make the State a party in any suit or question of ownership.

7. Other responsibilities: You must obtain all necessary local, Federal and other State approvals before you begin work. All work must be stabilized in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey, and all fill material must be free of toxic pollutants in toxic amounts as defined in section 307 of the Federal Act.

SPECIAL CONDITIONS IN ADDITION TO THE STANDARD CONDITIONS:

Freshwater Wetlands Individual Permit

Psge J

8. The penllittee shall immediately infonn the Depm1ment of any unanticipated adverse effects on the envirorunent not described in the application or in the conditions of this permit.

9. Any rcgulated activities undertaken on the sitc before a copy of this recorded restriction is submitted to the Department will be considered in violation ofthe implementing rulcs and this pemrit.

10. Consistcncy with the Areawide Water Quality Management Plan

The Division of Land Use Regulation has not reviewed this application for wnsistency with the Areawide Water Quality Management Plan and the issuance of this pennit shall not be construed as an approval of any wastewater management plan for this project or site. There shall be no construction of any sewage generating structures unless and until the proposed development has bcen found to be consistent with the appropriate areawide water quality management plml.

11. Any discharge of fill material shall consist of suitable material frec form toxic pollutants and shall be maintained in accordance with the Soil Conservation Service's approved plan.

12. The applicant shall be responsible for presef\;ing and minimizing vegetation disturbances within wetlands, transition areas and along streams. All temporary disturbances shall be replanted with native herbaceous and woody vegetation.

13. In order to protect the general tishery resources within the Raritan River and Middle Brook, any proposed grading or construction activities within the banks of these or any other watercourses on site are prohibited betwcen May I" and July 31 ;, of each year. In addition, any activity within the 100 year flood plain or flood hazard area of this watercourse that could introducc sediment into said watercoursc or that CDuld causc an increasc in thc naturallcvel of turbidity is also prohibitcd during this pcriod. The Dcpartment reserves the right to suspend all regulated activities on site should it be detennined that the applicant has not taken proper precautions to ensure continuous compliance with this condition.

14. The drawings hereby approved are six (6) sheets prepared by the URS Group, Inc., dated February 2007, unrevised, entitled: "GREEN BROOK SUB-BASIN OF THE RARITAN RIVER, GREEN BROOK FLOOD CONTROL PROJECT, SEGMENT R-2 LEVEE M'D PUMP STAnON, RAILROAD CLOSURE STRUCTURE AND DIVERSION CULVERT PIPES, SOUTH MAIN

STREET CLOSURE STRUCT1JRE Al-m RAILROAD AVENUE SITE GRADING, BOROUGH

OF BOUND BROOK, NEW JERSEY"

"OVERALL WETLAND PERMIT APPLICAnON PLAN REFERENCE SHEET", Sheet 91 of96;

"WETLAND PER..'vIIT APPLICATION PLAN, STA. 32+07 to STA. 39+41.83," Sheet 92 of 96;

"WETLAND PERMIT APPLICATION PLA.'l, STA. 39+41.83 to STA. 50+40.97," Sheet 93 of96;

"WETLAl\'D PERMIT APPLICAnON PLAN, STA. 50+40.97 to STA. 61 +16.39'-' Sheet 94 of96;

"WETLAND PERl'.lIT APPLICATION PLAN, STA. 61 +16.39 to STA. 71+44.25," Sheet 95 of 96;

"WETLAND PERMIT APPLICATION PLAN, STA. 71 +44.25 to STA. 79+59.21," Sheet 96 of96.

FRESHWATER MITIGATION PERMIT CONDITIONS:

Failure to comply with the standards herein constitutes a violation of the Freshwater Wetlands Protection Act and subjects the penl1.ittee to appropriate enforcement action and/or suspension or

Freshw:ltcr Wetlands fndividual Permit

DLUR file No.: 1800-03-0001.2 FWW 0700CJ! IP revocation of thc permit. This permit is not effective for the purpose of conducting regulated activities authorized by this permit until the following special conditions are satisfied:

15. Mitigate for thc temporary loss of 0.954 acres forested wetlands through an on-site restoration project as shown on the plans "GREEN BROOK SUB-BASIN OF THE RARITAN RIVER GREEN BROOK

FLOOD DAMAGE REDUCTION PROJECT BOUND BROOK, NEW JERSEY SEGMENT R-2

PLANTING PLAN I STA" Sheet No. L-IOl. "GREEN BROOK SUB-BASIN OF THE RARITAN

RIVER GREEN BROOK FLOOD DAMAGE REDUCTION PROJECT BOUND BROOK. NEW

JERSEY SEGMENT R-2 PLANTING PLAN 2 STA." Sheet No. L-102. "GREEN BROOK SUB BASIN OF THE RARlTAN RIVER GREEN BROOK FLOOD DAMAGE REDUCTION PROJECT BOUND BROOK, NEW JERSEY SEGMENT R-2 PLANTING PLAN 4 STA.'· Sheet No. L-103.

"GREEN BROOK SUB-BASIN OF THE RARITAN RIVER GREEN BROOK FLOOD DAMAGE

REDUCTION PROJECT BOUND BROOK. NEW JERSEY SEGMENT R-2 PLANTING PLAN 6

STA." Sheet No. L-I04, GREEN BROOK SUB-BASIN OF THE RARITAN RIVER GREEN

BROOK FLOOD DAMAGE REDUCTION PROJECT BOUND BROOK, NEW JERSEY

SEGMENT R-2 PLANTING PLAN 6 STA" Sheet No. L-105 dated March 2008 and prepared by the U.S. Anny Corps of Engineers.

16. Mitigate for the permanent loss of 7.287 acres of palustrine forested wetlands through use of the Finderne Farm Wetland Mitigation Project as shown on the Department-approved plans entitled, "Wetland Mitigation Design for the Finderne Site, Green Brook Flood Control Project, Bridgewater Township, Somerset County. New Jersey", sheets I - 46 of 46, all plans dated 5111/05 with no revisions, and prepared by TIle Department of the Army.