W912DS-09-R-0016 Amendment 0005.pdf

W16ROE91598341

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 to:

1) Notify Offerors that discussions are completed.

2) Final Proposal Revisions are due by 21 September 2009 at 2:00 PM to the same location as the initial proposals. This is only for those Offerors that submitted initial proposals on 25 August 2009 at 2:00 P.M.

3) Include Revised Bid Schedule

4) Replace "Price Breakdow n Sheet" in its entirety

5) Include Revised Draw ings for G&W Sytems Tech Data Facility (Building 3350) & G&W Systems Laboratory (Turrets)

6) Include Revised Specif ications to G&W Systems Laboratory (Turrets)

7) Replace Specifications in their enitrety for G&W Systems Tech Data Facility (Building 3350)

8) Provide Answ ers to Contractor’s Questions (Questions 12-16) FOR INFORMATIONAL PURPOSES ONLY

(Continued on Page 2)

1. CONTRACT ID CODE PAGE OF PAGES

J 1 28

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

16C. DATE SIGNED

BY 11-Sep-2009

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-09-R-0016

X 9B. DATED (SEE ITEM 11)

24-Jul-2009

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer 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

11-Sep-2009

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-09-R-0016

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following have been added by full text: AMENDMENT 0005

9) Add Clause 52.222-54 “Employment Eligibility Verification”

10) Re-releasing the Geotechnical Report dated April 30, 2009 FOR INFORMATIONAL PURPOSES

ONLY

11) Incorporate revised Wage Rates General Decision Number NJ080043 09/11/2009 NJ43.

NOTE: Offeror must acknowledeg receipt of this amendment by the date specified in the proposal (or as amended) by one of the following methods: in the space provided on the SF 1442, by separate letter, or by telegram by signing block 15 below. FAILURE TO ACKNOWLEDGE AMENDMENTS BY DATE

AND TIME SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER IN ACCORDANCE

WITH THE SUBMISSION, MODIFICATION, REVISION AND WITHDRAWAL OF PROPOSALS

(FAR 15.208).

INSTRUCTIONS TO OFFERORS

1) Notify the Offerors that discussions are completed and request for Final Proposal Revisions due no later than 21 September 2009 at 2:00P.M. The final proposal revisions shall be in writing. The Government intends to make award without obtaining further revisions. Offerors shall submit a complete revised price schedule, a copy of this amendment acknowledged, and any revisions to their proposal. Proposal revisions need to be accompanied with explicit instruction on whether to replace pages from the initial proposals, whether to replace entire sections of the initial or whether to delete pages and/or sections from the initial proposals. The Offeror shall indicate the changes on their Revised pages by underlining the new and/or revised text. Each addition or revision page should have “Final Proposal Revisions W912DS-09-R- 0016, Factor______, Volume_______, 21 September 2009” as a Header on each page. Offerors should send one (1) original and six (6) copies and two (2) CD’s in read-only format of their Final Revised Proposal (FRP) on colored background paper, using a different color than submitted for your initial proposals. (Originals shall be marked as “ORIGINAL” and Copies shall be marked Copy 1 of 6, Copy of 2 of 6, etc. on the front page.) Offerors only need to submit additional information or revisions to their original proposal. Submit a summary sheet of all revisions. Binders are unacceptable in the revision. Any changes shall be submitted in manila envelopes.

2) Due to ever increasing security at Government installations, all Offerors are advised to allow ample time to get through the security checks in order to have their proposals delivered by

2:00PM EST.

3). Revised Bid Schedule, Section 00010 SOLICITATION CONTRACT FORM.

The following BID SCHEDULE has been REVISED and is RE-ISSUED in its entirety with this Amendment:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum

GUNS & WEAPONS SYSTEM LABORATORY

FFP

All work for the Guns & Weapons System Laboratory (Turrets) at Picatinny Arsenal as described in the plans and specifications, including all plant, labor and materials, complete and excluding CLIN 0003.

FOB: Destination

NET AMT

0002 1 Lump Sum

OPTION SURFACE COARSE

FFP

Furnish all materials and labor as described in the plans and specifications for the surface coarse at Whitek and Belt Roads.

0003 1 Lump Sum

OPTION CANOPY

FFP

Design and furnish all materials and labor as required to complete the canopy as described in specification section 01 23 13 paragraph 1, Amendment #3.

0004 1 Lump Sum

OPTION BLDG #3350

FFP

All work for the Guns & Weapons System Tech Data Facility (Building 3350) at Picatinny Arsenal as described in the plans and specifications, including all plant, labor and materials.

TOTAL BASE BID (LINE ITEM 0001) ___________

TOTAL OPTION BID (LINE ITEMS 0002 thru 0004) ___________

TOTAL BASE INCLUDING OPTIONS (LINE ITEMS 0001 THRU 0004): ___________

NOTES:

1. Offerors are requested to bid on the Base Bid and all Optional Bid Items or their proposal will be rejected.

2. The Government, at its discretion may exercise optional items, LINE ITEM 0002 thru ITEM 0004 within 180 days after Notice To Proceed (NTP). The contract completion date shall remain unchanged if the option is awarded.

4). Replace the “Price Breakdown Sheet” in its entirety:

Project:G&W Systems Laboratory (Turrets) Location: Picatinny Arsenal, New Jersey

Item No. 0001 Primary Facilities

BLDG. QTY UOM TOTAL COST (1)

Buidling # 3349 - Warehouse & Turrets Stands LS $ Buidling #3353 - Warehouse LS $ Supporting Facilities

Electrical - underground electric, ductbanks, manholes, trenching, backfill, exterior lighting

1 LS $

Water, Sewer & Gas - potable water distribution, fire rotection distribution, sanitary sewer distribution, gas distribution, trenching, backfill

1 LS $

Paving, Walk, Curbs & Gutters - concrete ramp, retaining wall, railings, paved surfaces, pavement markings, walks, curbs, pavers

1 LS $

Storm Drainage - pipes, trenching & backfill, manholes, catch basins

1 LS $

Site Improvement & Demolition - clearing, site demo, grading, erosion control, rock excavation, parking lots

1 LS $

Information Technology - fiber optic cable, telephone conduit, manhole, trenching & backfill

1 LS $

Total (Item No. 0001) ====================>>>>>>> $

Item No. 0002 (Option No. 1) Primary Facilities

BLDG. QTY UOM TOTAL COST (3)

Surface coarse for both Whitek & Belt roads LS $

Total (Item No. 0002) ====================>>>>>>> $

Item No. 0003 (Option No. 2)

BLDG. QTY UOM TOTAL COST (4)

Buidling # 3352 - Laydown Area Canopy LS $ Supporting Facilities

Storm Drainage - pipes, trenching & backfill, manholes, catch basins

1 LS $

Site Improvement & Demolition - clearing, site demo, grading, erosion control, rock excavation, parking lots

Total (Item No. 0003) ====================>>>>>>> $

Item No. 0004 (Option No. 3)

BLDG. QTY UOM TOTAL COST (2)

Buidling # 3350 - Minor Caliber gun laboratory LS $ Supporting Facilities

Electrical - underground electric, ductbanks, manholes, trenching, backfill, exterior lighting

1 LS $

Water, Sewer & Gas - potable water distribution, fire rotection distribution, sanitary sewer distribution, gas distribution, trenching, backfill

1 LS $

Paving, Walk, Curbs & Gutters - concrete ramp, retaining wall, railings, paved surfaces, pavement markings, walks, curbs, pavers

1 LS $

Storm Drainage - pipes, trenching & backfill, manholes, catch basins

1 LS $

Site Improvement & Demolition - clearing, site demo, grading, erosion control, rock excavation, parking lots

1 LS $

Information Technology - fiber optic cable, telephone conduit, manhole, trenching & backfill

Total (Item No. 0004) ====================>>>>>>> $

Miscellanous TOTAL COST (5)

General Conditions - Prime contractors field expense (excluding home office & profit)

Profit - Prime contractors profit as percentage to total work % Home Office Expense - Prime contractors home office as percentage of total work %

Bond - Performance bond % Subcontractor Profit - Subcontractor profit as percentage to total work % Subcontractor Field Overhead - Subcontractor field overhead as percentage to total work

Subcontractor Overhead - Subcontractor overhead as % to total work % Escalation %

NOTES:

(1) The cost are fully marked up which includes General and all subcontractor's markup

(2) The information here is for comparison purposes only. The cost should already be included in Primary and/or Supporting work above.

5). Include Revised Drawings for G&W Systems Tech Data Facility (Building 3350) and G&W Weapons Laboratory (Turrets) :

Project Name Drawing Date Comment

-Refer to amendment #5 for all changes- G&W Systems Tech Data Facility (Building 3350) (Attachment #1) All 9-09-09

Project Name Drawing Date Comment

-Refer to addendum #1 for all changes- G&W Systems Laboratory (Turrets) (Attachment #2) 1A-512 7/22/09

Removed Detail A1

G&W Systems Laboratory (Turrets) (Attachment #2) 3A-602 7/22/09

Modified door frame anchors in head and jamb details.

G&W Systems Laboratory (Turrets) (Attachment #2) 1C-004 7/22/09

Additional overhead wire to be removed; outlined area of disturbance for Bldg. 3350 work by others.

G&W Systems Laboratory (Turrets) (Attachment #2) 1C-005 7/22/09

Additional utility pole and overhead wire to be removed.

G&W Systems Laboratory (Turrets) (Attachment #2) 1C-006 7/22/09

Outlined area of disturbance for Bldg.

3350 work by others; extended conc.

sidewalk leading to Bldg. 3353 to meet with edge of loading dock/ramp on Bldg. 3350; widened depressed curb with 10’ curb taper to coordinate with Bldg. loading dock/ramp design; shifted location of conc. pads for Bldg. 3349 transformers, added bollards in front of one pad, & shifted location of chiller enclosure to accommodate pad relocations.

G&W Systems Laboratory (Turrets) (Attachment #2) 1C-007 7/22/09

Added curb taper to widened depressed curb; “roof option by others” added to concrete pad 3352, revised treeline behind concrete pad 3352.

(Attachment #2) 1C-008 7/22/09

Outlined area of disturbance for Bldg.

3350 work by others; moved 966 contour line between Bldgs. 3350 and 3353; modified existing 966 contour line and spot elevation adjacent to Bldg.

3349 chiller enclosure; chiller enclosure pad elevation modified.

G&W Systems Laboratory (Turrets) (Attachment #2) 1C-009 7/22/09

Additional stair added outside Bldg.

3353; spot elevation revised.

G&W Systems Laboratory (Turrets) (Attachment #2) 1C-010 7/22/09

Outlined area of disturbance for Bldg.

3350 work by others; change in number of electric conduit from Bldg. 3350 to 3349 and from transformer to Bldg.

3349; shifted location of seepage pits #4 and #5, revised inverts and associated pipe lengths accordingly.

(Attachment #2) 1C-011 7/22/09

Change in size of hot water pipes to Bldgs. 3353 & 3350; revised pipe lengths and inverts due to seepage pit relocation; utility poles and overhead wires behind concrete pad 3352 shifted 10’ behind pad to accommodate roof option; added related roof drain option and resized pipe accordingly; roof drain behind Bldg. 3353 resized to 15”, slope of pipe reduced, C/O inverts adjusted.

G&W Systems Laboratory (Turrets) (Attachment #2) 1C-012 7/22/09

Outlined area of disturbance for Bldg.

3350 work by others, calculated additional area; revised limit of disturbance area.

G&W Systems Laboratory (Turrets) (Attachment #2) 1C-013 7/22/09

Revised limit of disturbance area;

added note to sequence of construction.

G&W Systems Laboratory (Turrets) (Attachment #2) 1C-020 7/22/09

Detail #39, change in invert elevation and orifice size.

G&W Systems Laboratory (Turrets) (Attachment #2) 1C-021 7/22/09

Detail #43, change in class E concrete yield strength.

G&W Systems Laboratory (Turrets) (Attachment #2) 1S-111 7/22/09

Change in size of opening in SOG for oil interceptor.

G&W Systems Laboratory (Turrets) (Attachment #2) 1S-112 7/22/09

Added pit w/ grating cover for compressed air drainage in mechanical room. Moved location of compressed air entering building.

(Attachment #2) 1S-113 7/22/09

Added pit w/ grating cover for compressed air drainage in mechanical room.

(Attachment #2) 1S-114 7/22/09

Added pit w/ grating cover for compressed air drainage in mechanical room.

(Attachment #2) 1S-311 7/22/09

Change in sheet note B. Change in note for detail A3/1S-311. Change in machining locations on carrier mounting plate – see A1/1S-311 for area definition.

G&W Systems Laboratory (Turrets) (Attachment #2) 1S-312 7/22/09

Change in sheet note A.

G&W Systems Laboratory (Turrets) (Attachment #2) 1S-313 7/22/09

Change in sheet note 1 – defining machining requirements.

G&W Systems Laboratory (Turrets) (Attachment #2) 1P-111 7/22/09

For condensate management of underground compressed air piping – Within the mechanical room the piping is rerouted to drop into a new sump for connection to an automatic float valve drain at the low point of the system.

G&W Systems Laboratory (Turrets) 1P-111 7/22/09 Change note 8 and add note 27 related

(Attachment #2) to the new routing location of the compressed air piping.

G&W Systems Laboratory (Turrets) (Attachment #2) 1P-112 7/22/09

Change oil interceptor for a more efficient unit.

G&W Systems Laboratory (Turrets) (Attachment #2) 1P-701 7/22/09

Oil Interceptor and Separator Schedule;

change remarks note; basis of design manufacturer model.

G&W Systems Laboratory (Turrets) (Attachment #2) 1E-001 7/22/09

Added identification of secondary feeders on overall plan and key notes 4 through 10.

G&W Systems Laboratory (Turrets) (Attachment #2) 1E-102 7/22/09

Added wall mounted light type WP1 in rooms 110, 111 and 112 at 84” AFF.

G&W Systems Laboratory (Turrets) (Attachment #2) 1E-111 7/22/09

Changed sheet note A reference.

Added additional branch circuit for lighting.

G&W Systems Laboratory (Turrets) (Attachment #2) 1E-112 7/22/09

Changed sheet note A reference.

Added keyed note 5 for light type WP1 mounting height at 84” AFF.

G&W Systems Laboratory (Turrets) (Attachment #2) 1E-202 7/22/09

Changed wall mounted receptacle symbol in magazine rooms 110 and 111 to coordinate with electrical symbols.

G&W Systems Laboratory (Turrets) (Attachment #2) 1E-212 7/22/09

Relocated key notes tags 2, 3 and 4 on floor plan.

G&W Systems Laboratory (Turrets) (Attachment #2) 1E-311 7/22/09

Changed room name for 139 to “GUN

WORKROOM”.

G&W Systems Laboratory (Turrets) (Attachment #2) 1E-601 7/22/09

Added identification of secondary feeders. Added identification of loads for MSBH1 and MSBL1 on single line and elevations. Revised key notes 2, 4, 10 and 11. Updated PPH2 secondary panelboard to gun mount “MK75 GUN GCP”. Updated PPH3 secondary panelboard to gun mount “PHAL YNX

CIWS”.

G&W Systems Laboratory (Turrets) (Attachment #2) 1ET-111 7/22/09

Changed room name for 139 to “GUN

WORKROOM”.

(Attachment #2) 1EY-102 7/22/09

Removed note 2 from copper conductor and conduit schedule.

G&W Systems Laboratory (Turrets) (Attachment #2) 1EY-111 7/22/09

Removed note 2 from copper conductor and conduit schedule. Deleted camera located within room 139.

G&W Systems Laboratory (Turrets) (Attachment #2) 1EY-112 7/22/09

Removed note 2 from copper conductor and conduit schedule.

G&W Systems Laboratory (Turrets) (Attachment #2) 2EY-102 7/22/09

Removed note 2 from copper conductor and conduit schedule.

G&W Systems Laboratory (Turrets) (Attachment #2) 2E-202 7/22/09

Revised branch circuit number for detail B4 mechanical access plan. Added key notes 7 and 8. Added additional information to detail C4 Building 3353 power one-line diagram

(Attachment #2) 3E-802 7/22/09

Added identification of loads for MSBH1. Updated all panelboard loads.

G&W Systems Laboratory (Turrets) (Attachment #2) 3E-803 7/22/09

Added identification of loads for MSBL1. Added lighting circuit 3349- PPL4B:10. Updated all panelboard loads.

G&W Systems Laboratory (Turrets) (Attachment #2) 3E-804 7/22/09

Revised branch circuit number for detail B4 mechanical access plan.

6). Include Revised Specification Changes for G&W Systems Laboratory (Turrets):

(Attachment #3) -Refer to addendum #1 for all changes

Added sections:

01 35 26 Governmental Safety Requirements 01 78 00 Closeout Submittals

Modified sections:

08 11 13 Steel Doors and Frames 22 00 00 Plumbing General Purpose 31 00 00 Earthwork 31 05 19 Geotextile 31 23 00.00 20 Excavation and Fill 31 32 11 Soil Surface Erosion Control 32 11 23 Aggregate Base Course 32 12 10 Bituminous Tack and Prime Coats 32 12 16 Hot-Mix Asphalt For Roads 32 31 13 Chain Link Fences and Gates 32 92 19 Seeding 33 11 00 Water Distribution 33 30 00 Sanitary Sewers 33 40 01 Storm Drainage 33 71 02.00 20 Underground Electrical Distribution

41 22 13.19 JIB CRANES

Deleted sections:

01 35 28.00 18 Safety and Occupational Health Requirements

7). Replace Specifications in their entirety for G&W Systems Tech Data Facility (Building 3350):

G&W Systems Tech Data Facility (Building 3350):

(Attachment #4)

All specifications are to be replaced in their entirety

8). Provide Answers to Contractor’s Questions (Questions 12-16) FOR INFORMATIONAL PURPOSES

ONLY:

ANSWER TO CONTRACTORS QUESTIONS (Questions 12- 16)

The following questions and answers are provided for information only. Nothing contained in the questions and answers amends or revises any provisions of the solicitation.

Questions and Answers

FOR INFORMATION PURPOSES ONLY

12. Question: Fire extinguishers or the associated cabinets are not shown on the provided plans for buildings. Are these to be included in the proposal?

Answer: Yes these should be included in the revised proposal. Refer to drawing G-101 in attachment #1 for fire extinguishers and cabinets locations.

13. Question: The jib crane as noted on sheet 1S-102 on note 4 refers to a capacity of 2 tons and specification section 41 22 13.19 section 1.4.1 refers to a capacity of 5 tons. Which is correct?

Answer: The capacity of the jib crane is to be 2 tons.

14. Question: In the CLIN item that refers to the option for the surface coarse to both Whitek & Belt roads, is milling to be included as well? Where are Whitek & Belt roads?

Answer: No. This option is just for the 2” surface coarse. All other work is to be included under the base contract.

Whitek road runs between the buildings as noted on sheets 1C-008 & 1C-009. Belt road is located on the north east side of the project refer to sheet 1C-013.

15. Question: In the CLIN item that refers to the option for the Canopy as described in specification section 01 23 13 paragraph 1, Amendment #3, are walls to be included?

Answer: No. The canopy is to include appropriate supporting structure (foundations, footing, columns, etc.) and the roof. The perimeter is to be left open for 360 degree access.

16. Question: Should the rock excavation be provided as a unit price or lump sum?

Answer: Please provide the rock excavation in the base bid as a lump sum cost.

9). Add Clause 52.222-54 “Employment Eligibility Verification” :

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009)

(a) Definitions. As used in this clause--Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply that is--

(i) A commercial item (as defined in paragraph (1) of the definition at 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products. Per 46 CFR 525.1(c)(2), ``bulk cargo'' means cargo that is loaded and carried in bulk onboard ship without mark or count, in a loose unpackaged form, having homogenous characteristics.

Bulk cargo loaded into intermodal equipment, except LASH or Seabee barges, is subject to mark and count and, therefore, ceases to be bulk cargo.

Employee assigned to the contract means an employee who was hired after November 6, 1986, who is directly performing work, in the United States, under a contract that is required to include the clause prescribed at 22.1803.

An employee is not considered to be directly performing work under a contract if the employee--

(1) Normally performs support work, such as indirect or overhead functions; and

(2) Does not perform any substantial duties applicable to the contract.

Subcontract means any contract, as defined in 2.101, entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime Contractor or another subcontractor.

United States, as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia, Puerto Rico, Guam, and the U.S. Virgin Islands.

(b) Enrollment and verification requirements.

(1) If the Contractor is not enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall--

(i) Enroll. Enroll as a Federal Contractor in the E-Verify program within 30 calendar days of contract award;

(ii) Verify all new employees. Within 90 calendar days of enrollment in the E-Verify program, begin to use E-Verify to initiate verification of employment eligibility of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); and

(iii) Verify employees assigned to the contract. For each employee assigned to the contract, initiate verification within 90 calendar days after date of enrollment or within 30 calendar days of the employee's assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).

(2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall use E-Verify to initiate verification of employment eligibility of--

(i) All new employees. (A) Enrolled 90 calendar days or more. The Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or

(B) Enrolled less than 90 calendar days. Within 90 calendar days after enrollment as a Federal Contractor in E- Verify, the Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or

(ii) Employees assigned to the contract. For each employee assigned to the contract, the Contractor shall initiate verification within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).

(3) If the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a)); a State or local government or the government of a Federally recognized Indian tribe; or a surety performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond, the Contractor may choose to verify only employees assigned to the contract, whether existing employees or new hires. The Contractor shall follow the applicable verification requirements at (b)(1) or (b)(2), respectively, except that any requirement for verification of new employees applies only to new employees assigned to the contract.

(4) Option to verify employment eligibility of all employees. The Contractor may elect to verify all existing employees hired after November 6, 1986, rather than just those employees assigned to the contract. The Contractor shall initiate verification for each existing employee working in the United States who was hired after November 6, 1986, within 180 calendar days of--

(i) Enrollment in the E-Verify program; or

(ii) Notification to E-Verify Operations of the Contractor's decision to exercise this option, using the contact information provided in the E-Verify program Memorandum of Understanding (MOU).

(5) The Contractor shall comply, for the period of performance of this contract, with the requirements of the E- Verify program MOU.

(i) The Department of Homeland Security (DHS) or the Social Security Administration (SSA) may terminate the Contractor's MOU and deny access to the E-Verify system in accordance with the terms of the MOU. In such case, the Contractor will be referred to a suspension or debarment official.

(ii) During the period between termination of the MOU and a decision by the suspension or debarment official whether to suspend or debar, the Contractor is excused from its obligations under paragraph (b) of this clause. If the suspension or debarment official determines not to suspend or debar the Contractor, then the Contractor must reenroll in E-Verify.

(c) Web site. Information on registration for and use of the E-Verify program can be obtained via the Internet at the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify.

(d) Individuals previously verified. The Contractor is not required by this clause to perform additional employment verification using E-Verify for any employee--

(1) Whose employment eligibility was previously verified by the Contractor through the E-Verify program;

(2) Who has been granted and holds an active U.S. Government security clearance for access to confidential, secret, or top secret information in accordance with the National Industrial Security Program Operating Manual; or

(3) Who has undergone a completed background investigation and been issued credentials pursuant to Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors.

(e) Subcontracts. The Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for identification of the parties), in each subcontract that--

(1) Is for--(i) Commercial or noncommercial services (except for commercial services that are part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications), performed by the COTS provider, and are normally provided for that COTS item); or

(ii) Construction;

(2) Has a value of more than $3,000; and

(3) Includes work performed in the United States.

(End of clause)

10). Re-releasing the Geotechnical Report dated April 30, 2009 FOR INFORMATIONAL PURPOSES

ONLY:

No changes have been made to this report (see Attachment #5).

The following have been added by full text:

REVISED WAGE RATES PER AMD #5

11). Incorporate revised Wage Rates General Decision Number NJ080043 09/11/2009 NJ43:

General Decision Number: NJ080043 09/11/2009 NJ43

State: New Jersey JR 11 September 2009

Construction Type: Building

County: Morris County in New Jersey.

BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories).

Modification Number Publication Date

0 04/24/2009

1 05/01/2009

2 06/05/2009

3 06/26/2009

4 07/03/2009

5 07/17/2009

6 07/24/2009

7 08/21/2009

8 09/11/2009

ASBE0032-008 09/19/2008 Rates Fringes

ASBESTOS WORKER/HEAT & FROST INSULATOR (includes the application of all insulating materials, protective coverings, coatings and finishings to all types of mechanical systems; also, the application of firestopping material to openings and penetrations in walls, floors, ceilings and curtain walls;

also, all lead abatement)....................... $ 41.99 26.84

BRNJ0002-014 11/01/2008 Rates Fringes

BRICKLAYER (Including Caulking, Cleaning and Pointing)........................ $ 36.70 20.97

Work on high stacks: 22% per hour additional.

BRNJ0002-016 11/01/2008 Rates Fringes

MASON - STONE.................... $ 36.70 20.97

Work on high stacks: 22% per hour additional.

* BRNJ0007-022 06/01/2009 Rates Fringes

Tile finisher.................. $ 37.27 21.31

Tile setter.................... $ 46.42 24.56

Tile finisher:

Work grouting all epoxy: $10.00 additional per day.

CARP0006-009 05/01/2009 Rates Fringes

CARPENTER (Scaffold Builder)..... $ 39.45 49.75%

The first sixty feet at the regular rate, 10% per hour additional for each additional fifty feet thereafter.

CARP0006-010 05/01/2009 Rates Fringes

CARPENTER

Including Acoustical Ceiling Installation, Drywall Hanging, Formwork, Batt and Blown Insulation... $ 39.45 49.75%

CARP0029-008 05/01/2009 Rates Fringes

Soft floor layer............... $ 39.45 49.75%

CARP0715-007 05/01/2009 Rates Fringes

Millwright..................... $ 40.27 49.75%

Work of erection and dismantling of elevators and towers, such as concrete conveyors and temporary material elevators, scaffolding or other structures to be used as scaffolding inside or outside of buildings: the first sixty feet at the regular rate, 10% per hour additional for each additional fifty feet thereafter.

ELEC0102-023 06/01/2009 Rates Fringes

ELECTRICIAN (Including Low Voltage Wiring)

Cable splicer............... $ 51.55 51.25%

Electrician................. $ 46.86 51.25%

Work forty ft. or more above the ground or protective rigging (does not apply to pole work, or to use of a manlift or high reach-type lift): 10% per hour additional. Work with, or the removal of, asbestos materials: 114% times the journeyman rate.

ELEV0001-003 03/17/2008 Rates Fringes

Elevator mechanic Work on the addition, replacement, refurbishing or relocation of control, drive, generating equipment, hoistway or pit equipment, including work involving a structural rise in the elevator shafts in an existing building and other elevator work in the machine room, hoistway or pit; Also, changes in design and appearance of basic escalator equipment... $ 38.46 21.565

All other work.............. $ 48.19 21.715

PAID HOLIDAYS:

New Year's Day, President's Day, Good Friday, Memorial Day, Fourth of July, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, the Friday after Thanksgiving Day, and Christmas Day.

PAID VACATION: A worker who has worked less than 5 years: 4% of his or her hourly rate for all hours worked.

A worker who has worked 5 to 10 years: 6% of his or her hourly rate for all hours worked. A worker who has worked 15 or more years: 8% of his or her hourly rate for all hours worked.

ENGI0825-020 07/01/2009 Rates Fringes

Power equipment operators:

GROUP 1..................... $ 42.02 22.50

GROUP 2..................... $ 40.43 22.50

GROUP 3..................... $ 38.52 22.50

GROUP 4..................... $ 36.89 22.50

GROUP 5..................... $ 35.18 22.50

Hazardous waste removal work: Work on a state or federally designated hazardous waste site, where the worker is in direct contact with hazardous material, and when personal protective equipment is required for respiratory, skin and eye protection: 20% per hour additional.

PAID HOLIDAYS: New Year's Day, Washington's Birthday observed, Memorial Day, Independence Day, Labor Day, Presidential Election Day, Veteran's Day, Thanksgiving Day and Christmas Day; provided 1) that the worker works three of the preceding five work days before the holiday; or, the work day before theholiday and the work day after the holiday; and, 2) that the worker works the work day before and the work day after the holiday.

DEFINITION OF GROUPS:

GROUP 1: Backhoe, Including Backhoe Track; Boom; Concrete Paving Machine; Crane (all types, including overhead and straddle traveling type); Drill (down-the-hole drill, rotary drill, self-propelled hydraulic drill, self-powered drill); Elevating Grader; Excavator; Front End Loader (5 cu. yd. and over); Piledriver (length of boom, including length of leads, shall determine premium rate applicable); Trencher

GROUP 2: Backhoe Loader Combo; Concrete Pumper; Grader/Blade (Finish); Hoist; Hydraulic Crane, 10 Tons and under; Front End Loader (2 cu. yd. but less than 5 cu. yd.); Scraper; Side Boom

GROUP 3: Asphalt Spreader; Bulldozer;Compressor(2 or 3) (in Battery) (within 100 ft.); Forklift; Front End Loader (1 cu. yd. and over but less than 2 cu. yd.); Lull; Mechanic; Paver, Asphalt; Roller, Blacktop; Tractor;

GROUP 4: Bobcat/Skid Loader; Compressor (Single); Farm Tractor; Front End Loader (under 1 cu. yd.);

Hydroseeder; Roller, Grade; Pump, Hydraulic

GROUP 5: Oiler

IRON0011-012 07/01/2009 Rates Fringes

Ironworkers:

Reinforcing................. $ 34.34 35.60

Structural, Ornamental...... $ 37.14 35.60

LABO0222-006 05/01/2009 Rates Fringes

LABORER

MASON TENDER:

Brick/Cement/Concrete....... $ 28.55 19.42

LABO0222-011 05/01/2009 Rates Fringes

Laborers: Asphalt Shoveler, Asphalt

Spreader, Pipelayer, Power

Tool Operator and

Screedman................... $ 28.05 19.42

LABO1030-002 05/01/2009 Rates Fringes

Asbestos Removal Laborer......... $ 28.05 16.22

The removal, abatement, enclosure and decontamination of personal protective equipment, chemical protective clothing and machinery relating to asbestos and/or toxic and hazardous waste or materials which shall include but not necessarily be limited to: the erection, moving, servicing and dismantling of all enclosures, scaffolding and barricades; the operation of all tools and equipment normally used in the removal or abatement of asbestos and toxic or hazardous waste or materials; the labeling, bagging, cartoning, crating, or other packaging of materials for disposal; the clean-up of the worksite; and all other work incidental to the removal, abatement, encapsulation, enclosure, and decontamination of asbestos and toxic or hazardous waste or materials; and, in addition, all work tasks involved in the maintenance and operation of energy resource recovery plants (co-generation plants)

PAIN0711-018 05/01/2009 Rates Fringes

DRYWALL FINISHER/TAPER........... $ 35.58 17.67

PAIN0711-021 05/01/2009 Rates Fringes

Glazier........................ $ 37.53 17.85

Work welding or using a cutting torch: $1.00 per hour additional. Work on a swing stage scaffold; on a pipe scaffold providing the working height of the platform is 30 ft. or above; and on motorized lifts provided that the height of the lift platform is above the second floor or above thirty feet: $1.00 per hour additional.

PAIN0711-022 05/01/2009 Rates Fringes

PAINTER (Spray).................. $ 30.50 14.28

PLAS0029-002 05/01/2008 Rates Fringes

CEMENT MASON/CONCRETE FINISHER... $ 38.00 19.55

PLAS0029-003 05/01/2008 Rates Fringes

PLASTERER........................ $ 38.00 19.55

PLUM0014-007 05/01/2009

MORRIS COUNTY (does not include the Borough of Chatham; Township of Chatham; Borough of Chester;

Townships of Chester, Harding and Long Hill; Borough of Mendham; Townships of Mendham and Mount Olive;

Township of Washington (Town of Long Valley only))

Rates Fringes

PLUMBER (Excluding HVAC Pipe Installation).................... $ 46.71 24.59

* PLUM0024-013 05/01/2009

MORRIS COUNTY (Borough of Chatham; Township of Chatham; Borough of Chester; Townships of Chester, Harding and Long Hill; Borough of Mendham; Townships of Mendham and Mount Olive; Township of Washington (Town of Long Valley only)

Rates Fringes

PLUMBER (Excluding HVAC Pipe Installation).................... $ 45.25 26.05

PLUM0274-007 05/01/2009

MORRIS COUNTY (does not include the Borough of Chatham; Township of Chatham; Borough of Chester;

Townships of Chester, Harding and Long Hill; Borough of Mendham; Townships of Mendham and Mount Olive;

Township of Washington (Town of Long Valley only))

Rates Fringes

PIPEFITTER (Including HVAC Pipe Installation)............... $ 45.96 24.34

PLUM0475-013 05/01/2009

MORRIS COUNTY (Borough of Chatham; Township of Chatham; Borough of Chester; Townships of Chester, Harding and Long Hill; Borough of Mendham; Townships of Mendham and Mount Olive; Township of Washington (Town of Long Valley only)

Rates Fringes

PIPEFITTER (Including HVAC Pipe Installation)............... $ 48.65 22.55

ROOF0004-007 06/01/2006

Rates Fringes

ROOFER (Includes All Types of Roofs)........................... $ 31.57 16.50

SFNJ0696-006 07/01/2009

Rates Fringes

SPRINKLER FITTER (Fire Sprinklers)...................... $ 51.60 20.01

SHEE0025-005 06/01/2008

Rates Fringes

SHEET METAL WORKER (Including HVAC Duct Installation)..........$ 41.69 29.13

SUNJ2004-014 01/02/2009

Rates Fringes

LABORER: Common or General...... $ 27.60 9.87

LABORER: Landscape.............. $ 24.70 0.00

PAINTER: Brush & Roller......... $ 32.91 5.77

TEAM0408-002 05/01/2008

Rates Fringes

TRUCK DRIVER

Dump Truck.................. $ 33.00 12.16+a

Off the Road Truck.......... $ 32.85 12.16+a

a. Employer contributes $1304.35 per month per worker for health and welfare. Hazardous waste removal work, where the worker is in direct contact with hazardous material, and when personal protective equipment is required for respiratory, skin and eye protection: $3.00 per hour additional. Hazardous waste removal work, where the worker is working in a hazardous waste site, in a zone requiring Level A personal protection for any of the workers:

$3.00 per hour additional. Hazardous waste removal work, where the worker is not working in a zone requiring Level A, B or C personal protection: $1.00 per hour additional.

PAID HOLIDAYS: New Year's Day, President's Day, Decoration Day, Independence Day, Labor Day, Presidential Election Day, Veteran's Day, Thanksgiving Day and Christmas Day; provided that the worker has been assigned to work, or, "shapes", one day of the calendar week during which the holiday occurs.

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)).

In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in he matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations

Wage and Hour Division

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator

U.S. Department of Labor

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board

U.S. Department of Labor

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

(End of Summary of Changes)