A22_W912EE21B0003 Amendment 0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

Reference Solicitation W912EE21B0003 W912EE-21-B-0003, for MS River MI 616-326 AHP, Stone Repairs to Revetment and Dikes, FY21, FC/MR&T, Channel Improvement Program, Indefinite Delivery/Indefinite Quantity (ID/IQ), is amended as follow s:

See Continuation Page for Changes

1. CONTRACT ID CODE PAGE OF PAGES

1 2

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

16C. DATE SIGNED

BY 22-Jun-2021

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912EE21B0003

X 9B. DATED (SEE ITEM 11)

14-Jun-2021

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

22-Jun-2021

CODE

VICKSBURG CONTRACTING OFFICE

4155 CLAY ST

VICKSBURG MS 39183-3435

W912EE 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912EE21B0003

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

(End of Summary of Changes)

The following items are applicable to this modification:

SUMMARY OF CHANGES

SPECIFICATIONS: Section 00 80 00.00 09 is revised and replaced.

Specifications revised by this amendment have the notation "Revised by Amendment 0001" at the bottom of the page. Text added by this amendment is shown as underlined. Text deleted by this amendment is shown as overstruck.

Bid opening date and time remain unchanged.

W912EE-21-B-0003

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 80 00.00 09

SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

1.1.1 Commencement

1.1.2 Prosecution

1.1.3 Completion

1.2 EXCLUSION PERIODS FOR COMPUTING COMPLETION SCHEDULE

1.3 LIQUIDATED DAMAGES-CONSTRUCTION

1.4 CONTRACT DRAWINGS AND SPECIFICATIONS

1.5 CORRESPONDENCE AND ELECTRONIC COMMUNICATION

1.6 (S-102) CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR

PROCESSING DAVIS-BACON ACT CERTIFIED LABOR PAYROLLS

1.7 PERFORMANCE OF WORK BY THE CONTRACTOR

1.8 WORK TO BE PERFORMED BY CONTRACTOR'S OWN ORGANIZATION

1.9 PHYSICAL DATA

1.10 PAYMENT FOR MOBILIZATION AND DEMOBILIZATION

1.11 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

1.12 OBSTRUCTION OF NAVIGABLE WATERWAYS

1.13 CONTRACTOR FURNISHED COMMUNICATION

1.14 SECURITY REQUIREMENTS FOR UNCLASSIFIED CONTRACTS

1.15 I-WATCH

1.16 ACCESS AND GENERAL PROTECTION/SECURITY POLICY AND PROCEDURES

1.17 PRE-SCREEN CANDIDATES USING E-VERIFY PROGRAM

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

-- End of Section Table of Contents --

DOCUMENT 00 80 00.00 09 Page 1 Revised By Amendment 0001

SECTION 00 80 00.00 09

SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

1.1.1 Commencement

The Contractor shall be required to commence work under each Task Order within 10 calendar days after the date of receipt of Notice to Proceed and to diligently prosecute said work according to the order of work shown below and as indicated in the issued Task Orders.

The Government anticipates issuing Requests for Proposals for the following task orders on the contract. The estimated tonnages are based on the best information available at the time of this solicitation and may vary due to site conditions and available funding.

Proposed Task Orders:

Task Order 1 - Dike Repairs - Estimated tonnage:100,500 tons of A stone.

All work on this Task Order 1 shall be completed prior to beginning work on any other task orders unless specified otherwise by the Contracting Officer. . It is anticipated that Task Order 1 will be issued, followed by prompt issuance of the Notice to Proceed, as soon as river conditions are favorable for construction to begin.

Task Order 2 - Revetment Repairs - Estimated tonnage:

66,700 tons of C stone. It is intended to award Task Order 2 prior to completion of work on Task Order 1 if possible, but not guaranteed. The Notice to Proceed for work on Task Order 2 will not be issued until work on Task Order 1 is complete or nearing completion. The Contractor may request an early issuance of the Notice to Proceed on Task Order 2 to allow concurrent work on Task Order 1 and 2, subject to the approval of the Contracting Officer.

It is the intent of the Government to issue the Notices to Proceed for the task orders consecutively to provide a continuous flow of work as described above. Only one mobilization and demobilization cost will be paid for the two task orders described above if awards and Notices to Proceed are issued as indicated allowing consecutive work from one task order to the next. Upstream towing will not be paid for transition from completion of work on Task Order 1 to begin work on Task Order 2 as specified in Section 01 22 00.00 09 MEASUREMENT AND PAYMENT, paragraph "Upstream Towing and Downstream Towing."

If any additional task orders, other than the 2 shown above, are issued allowing consecutive work with another ongoing task order, no additional mobilization demobilization will be paid. However, upstream towing will be paid in these cases if the subsequent task order results in upstream relocation to perform the newly issued task order. Should the Government issue additional task orders after work on all other task orders has been completed, including demobilization, additional mobilization and demobilization would be paid.

DOCUMENT 00 80 00.00 09 Page 2

If, for his convenience, the Contractor requests delays between issuance of task orders within the limitations described above, the Government will not be obligated to pay additional mobilization and demobilization costs.

The Contractor has the option of requesting issuance of Notice to Proceeds on multiple task orders concurrently within the above schedule limitations. If the Contractor requests to work multiple sites concurrently, the Government will not be obligated to pay additional mobilization and demobilization costs.

1.1.2 Prosecution

"Graded Stone "A"" work will typically include repairs to dikes, major repairs to revetments, and large dike bankhead repairs. Dike repairs will be limited to existing dike fields and will be to restore existing dikes to their original grade. Large dike bankhead repairs are repairs to flanked dikes and will only be subject to stone placement within the large dike bankhead (dig-in) section shown in the drawings. Major repairs to revetments using Stone "A" are significant repairs to existing revetments where "A" Stone is used to construct longitudinal dikes to prevent degrading of an otherwise stable bank section. "Graded Stone "C"" work will typically include stone repairs to revetments and small bankhead construction. Stone repairs to revetments are small repairs to existing revetments where "C" Stone is used to construct longitudinal dikes, tiebacks, or stone bank paving to prevent degradation of the bank. Small bankhead contruction is the construction of the dig-in of a tieback and will only be subject to stone placement within the small bankhead (dig-in) section shown in the drawings. "Graded Stone "B" Without Fines" work will typically include stone repairs to revetments in deep water with high velocities and typically be used during emergency purposes. Graded Stone "B" Without Fines will be used to construct longitudinal dikes or stone bank paiving in order to minimize the loss of stone due to velocities in deeper water. All work not specifically identified above will be subject to the rates identified below as revetment stone repair. In each of these sections, initial surveys are required by the Contractor and separate plans for the repair will be provided by the Government after initial surveys are complete. In addition, some stone dike locations will require extensive stone repairs. This work will be performed in the Mississippi River and varying water depths and currents may be encountered. Currents usually encountered at the sites of the work during low water period may vary from about one mile per hour to six miles per hour. Due to river depths and current, the use of spuds to secure barges and equipment is not guaranteed. The Contractor is advised that anchors or another approved method may be required to perform stone placement.

(1) The revetment stone repair rate of progress that will be required of the Contractor on this work will be based on the Contractor maintaining an average rate of stone placement of 800 tons per calendar day for revetment stone repair, 1,200 tons per calender day for dike repairs, and 400 tons per day for dike bankhead repairs.

The dike stone repair rate of progress that will be required of the Contractor on this work will be based on the Contractor maintaining an average rate of stone placement of 1,200 tons per calendar day. It is anticipated that increased equipment and additional manpower requirements could be required of the Contractor, in order to comply with the increased stone placement rate requirements.

The large dike bankhead repair and small bankhead construction rate of

DOCUMENT 00 80 00.00 09 Page 3 progress that will be required of the Contractor on this work will be based on the Contractor maintaining an average rate of stone placement of 400 tons per calendar day. It is anticipated that additional land based equipment will be required for clearing, grubbing, excavation, and disposal. Reduced rate is established to account for double handling of stone and for clearing, grubbing, excavation and disposal.

Sudden rises in river stages are normal during low-water construction season and may at times limit repair work to the upper part of the bank paving or dikes. In such case where part of the work required on certain revetments or dikes is prevented due to high river stages, the Contracting Officer may direct the Contractor to return to these revetments or dikes to complete the work after moving his operations to other localities. In the event river stages at the time of the work are lower than at the time the detailed instructions as to work to be done are furnished the Contractor, or additional work is determined to be necessary during the progress of the work, the Contracting Officer may direct such additional work as may be necessary. In any event, except as stated above, the Contractor will be required to diligently and continuously (without interruption) prosecute the work under this contract, maintain the specified rate of progress, and complete the work during the time as determined in paragraph COMPLETION.

(2) If the Contractor falls behind the progress called for, the Contractor shall take such steps as may be necessary to improve his progress and the Contracting Officer may require him to increase the number of shifts and/or overtime operations, and/or the amount of construction plant without additional cost to the Government.

(3) Failure of the Contractor to comply with the requirements of the Contracting Officer under these provisions of the specifications shall be grounds for determination by the Contracting Officer that the Contractor is not prosecuting the work with such diligence as will ensure completion within the time specified. Upon such determination, the Contracting Officer may terminate the Contractor's right to proceed with the work or any separable part thereof, in accordance with the Contract Clause DEFAULT (FIXED PRICE CONSTRUCTION).

1.1.3 Completion

The Contractor shall complete the entire work for each Task Order within the number of calendar days determined by dividing the total tons by the production rates stated in paragraph 1.1.2 PROSECUTION to be placed each calendar day, beginning 10 calendar days after the receipt of the Notice to Proceed, plus 5 days for completion, including final dressing.

The time for completion will be extended to the extent that the work is suspended due to river stages. The number of days computed above shall be used when computing liquidated damages as specified in paragraph LIQUIDATED DAMAGES-CONSTRUCTION. If, through no fault or negligence of the Contractor, the work is not completed at such times as river stages at the worksite, or sites, reach a height which makes it inadvisable or impracticable to proceed with the work under the Task Order, and is of such indicated duration as to constitute the end of the working season, the Contracting Officer will give the Contractor 10 calendar days written notice of the termination of the Task Order pursuant to the terms of this paragraph, in which event the Contractor will be paid for work actually performed at the applicable contract unit price or prices.

DOCUMENT 00 80 00.00 09 Page 4

1.2 EXCLUSION PERIODS FOR COMPUTING COMPLETION SCHEDULE

(This clause supplements paragraph COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK, above.)

No work shall be performed during the period of 20 December through 26 December, inclusive, and such period shall not have been considered in computing the time allowed for completion of a Task Order.

No work shall be performed during the period of 1 April through 30 June, inclusive, of each year (pallid sturgeon spawning season), and such period has not been considered in computing the time allowed for completion.

1.3 LIQUIDATED DAMAGES-CONSTRUCTION

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $1,331.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause. (FAR 52.211-12)

1.4 CONTRACT DRAWINGS AND SPECIFICATIONS

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall --

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general --

(1) Large-scale drawings shall govern small scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work which are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from

DOCUMENT 00 80 00.00 09 Page 5 performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

MS RIVER MI 616-326

STONE REPAIRS TO REVETMENTS AND DIKES, FY19

FC/MR&T, MS RIVER BASIN, CHANNEL IMPROVEMENT

DRAWING TITLE DRAWING NO.

COVER G-001

LOCALITY MAP AND INDEX TO

DRAWINGS G-002

LOCALITY MAP G-003

TYPICAL REVETMENT AND DIKE C-501

LARGE DIKE BANKHEADS TYPICAL SECTION C-502

SMALL BANKHEADS TYPICAL SECTION C-503

(DFARS 252.236-7001)

1.5 CORRESPONDENCE AND ELECTRONIC COMMUNICATION

For ease and speed of communications, both the Government and Contractor shall exchange correspondence and all other documents duplicate in both hard paper copy and electronic format. Inclusion of an electronic copy is in addition to any other parts of the contract that may specify a minimum number of hard copies to be submitted, such as for shop drawing transmittals. Electronic submission can be accomplished by one of the following methods: email, file upload to the following website https://safe.armdec.army.mil/SAFE, or through the (RMS-CM) software interface with the Resident Management System (RMS). Format for electronic submissions will be in portable document format (.pdf).

Documents include all general correspondence, administrative plans, all material submittals including shop drawings, progress schedules, submittal registers, requests for information (RFIs), Quality Control (QC) test results, pay requests, etc. Paper documents will govern, in the event of discrepancy with the electronic version. Generally, paper documents will also govern where effective receipt dates are required, such as Contractor claims submitted under the Disputes clause of the contract and progress payment requests. However in the case of administrative plans, shop drawings and other submittals transmitted for government review, both the electronic and hard copies are required to begin the review process, so the effective date of receipt will be the date when both the electronic and hard copies are received by the government.

1.6 (S-102) CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR

PROCESSING DAVIS-BACON ACT CERTIFIED LABOR PAYROLLS

The Contractor is encouraged to use a commercially-available electronic system to process and submit certified payrolls electronically to the

DOCUMENT 00 80 00.00 09 Page 6

Government. The requirements for preparing, processing and providing certified labor payrolls are established by the Davis-Bacon Act as stated in FAR 52.222-8, PAYROLLS AND BASIC RECORDS and FAR 52.222-13, COMPLIANCE

WITH DAVIS-BACON AND RELATED ACT REGULATIONS.

If the Contractor elects to use an electronic Davis-Bacon payroll processing system, then the Contractor shall be responsible for obtaining and providing for all access, licenses, and other services required to provide for receipt, processing, certifying, electronically transmitting to the Government, and storing weekly payrolls and other data required for the Contractor to comply with Davis-Bacon and related Act regulations.

When the Contractor uses an electronic Davis-Bacon payroll system, the electronic payroll service shall be used by the Contractor to prepare, process, and maintain the relevant payrolls and basic records during all work under this construction contract and electronic payroll service shall be capable of preserving these payrolls and related basic records for the required 3 years after contract completion. If the Contractor chooses to use an electronic Davis-Bacon payroll system, then the Contractor shall obtain and provide electronic system access to the Government, as required to comply with the Davis-Bacon and related Act regulations over the duration of this construction contract. The access shall include electronic review access by the Government contract administration office to the electronic payroll processing system used by the Contractor.

The Contractor's provision and use of an electronic payroll processing system shall meet the following basic functional criteria: commercially available; compliant with appropriate Davis Bacon Act payroll provisions in the FAR; able to accommodate the required numbers of employees and subcontractors planned to be employed under the contract; capable of producing an Excel spreadsheet-compatible electronic output of weekly payroll records (format at http://www.rmssupport.com/guides.aspx) for export in an Excel spreadsheet to be imported into the Contractor's (RMS-CM) version of Resident Management System (RMS), that in turn shall export payroll data to the Government's Resident Management System (RMS);

demonstrated security of data and data entry rights; ability to produce Contractor-certified electronic versions of weekly payroll data; ability to identify erroneous entries and track the data/time of all versions of the certified Davis Bacon payrolls submitted to the government over the life of the contract; capable of generating a durable record copy, that is, a CD or DVD and PDF file record of data from the system database at end of the contract closeout. This durable record copy of data from the electronic Davis-Bacon payroll processing system shall be provided to the Government during contract closeout.

All Contractor-incurred costs related to the Contractor's provision and use of an electronic payroll processing service shall be included in the Contractor's price for the overall work under the contract. The costs for Davis-Bacon Act compliance using electronic payroll processing services shall not be a separately bid/proposed or reimbursed item under this contract.

FAR 52.222-8 and FAR 52.222-13

1.7 PERFORMANCE OF WORK BY THE CONTRACTOR

The Contractor shall perform on the site and with its own organization, work equivalent to at least twenty (20) percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the

DOCUMENT 00 80 00.00 09 Page 7 work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government. (FAR 52.236-1)

1.8 WORK TO BE PERFORMED BY CONTRACTOR'S OWN ORGANIZATION

Within 10 days after award, the successful Bidder/Contractor must furnish the Contracting Officer a description of the items of work which will be performed with its own forces and the estimated cost of those items. (See paragraph PERFORMANCE OF WORK BY THE CONTRACTOR.)

1.9 PHYSICAL DATA

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

a. The indications of physical conditions on the drawings and in the specifications are the result of site investigations.

b. Local Conditions. Pertinent data of different local gages on the Mississippi River are indicated in the following tabulations.

GAGE READING

GAGE READING ZERO OF GAGE OF LOW WATER

GAGE LOCATION BANKFULL STAGE FEET, NGVD REFERENCE PLANE

Helena, AR 41 141.70 4.1

Arkansas City, AR 37 96.66 -1.0

Greenville, MS 48 74.92 11.2

Vicksburg, MS 43 46.23 2.4

Natchez, MS 48 17.28 7.3 (Bridge)

Extreme high water usually occurs during April and May and a secondary rise frequently occurs during June after which the stage usually falls to approximately low-water reference plane and remains low for several months. The normal working season for the work to be done under this contract is seldom more than five months, and usually extends from about 15 July to about 15 December. Annual hydrographs of different engineer gages within the limits of the Vicksburg District are available upon request to the Contracting Officer. Currents usually encountered at the sites of the work during low water period may vary from about one mile per hour to about six miles per hour.

c. Weather Conditions. Information with respect to temperatures and precipitation may be obtained from the National Weather Service.

d. Conditions of Channel. Hydrographic surveys in the vicinity of the work are available for inspection at the office of the Contracting Officer.

e. Channel Traffic. The normal traffic on the river consisting of self-propelled craft with or without tows will pass the worksite.

DOCUMENT 00 80 00.00 09 Page 8

f. Obstruction of Channel. The Government will not undertake to keep the channel free from vessels or any other obstructions except to the extent of such regulation, if any, as may be prescribed by the Secretary of the Army in accordance with provisions of Section 7 of the River and Harbor Act, approved 8 August 1917. The Contractor will be required to conduct the work in such a manner as to obstruct navigation as little as possible, and in case the Contractor's plant so obstructs the channel as to make difficult or endanger the passage of vessels, said plant shall be promptly moved on the approach of any vessel to such extent as may be necessary to afford a practicable passage. Upon completion of the work at each locality the Contractor shall promptly remove his plant, including ranges, buoys, piles, and other marks placed by him under this contract. See also paragraph

OBSTRUCTION OF NAVIGABLE WATERWAYS (DEC 1991).

g. Floods. High water stages or events are not to be considered a "flood," and damages resulting therefrom are not compensable under Section 01 00 00.00 09 GENERAL CONTRACT REQUIREMENTS, paragraph DAMAGE TO WORK unless river or stream stages within the Government-furnished rights-of-way exceed channel capacity and overtop the natural or artificial banks.

(FAR 52.236-4)

1.10 PAYMENT FOR MOBILIZATION AND DEMOBILIZATION

(a) The Government will pay all costs for the mobilization and demobilization of all of the Contractor's plant and equipment at the contract lump sum price for this item.

(b) The Contracting Officer may require the Contractor to furnish cost data to justify this portion of the bid if the Contracting Officer believes that the percentages in subparagraphs (a)(1) and (2) of this clause do not bear a reasonable relation to the cost of the work in this contract.

(1) Failure to justify such price to the satisfaction of the Contracting Officer will result in payment, as determined by the Contracting Officer, of--

(i) Actual mobilization costs at completion of mobilization;

(ii) Actual demobilization costs at completion of demobilization;

and

(iii) The remainder of this item in the final payment under this contract.

(2) The Contracting Officer's determination of the actual costs in paragraph (b)(1) of this clause is not subject to appeal.

(DFARS 252.236-7004)

1.11 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

(a) This special contract requirement does not apply to terminations.

See 52.249-5000, Basis for Settlement of Proposals, and FAR Part 49.

DOCUMENT 00 80 00.00 09 Page 9

(b) Allowable cost for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a Contractor or subcontractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial and series for which the Government can determine both ownership and operating costs from the Contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the Contractor's accounting records, costs for that equipment shall be based upon the applicable provisions of EP 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule, Region III.

Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the Contracting Officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations shall apply. For retroactive pricing, the schedule in effect at the time the work was performed shall apply.

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

(d) When actual equipment costs are proposed and the total amount of the pricing action exceeds the SAT, the contracting officer shall request the Contractor to submit either certified cost or pricing data, or partial/limited data, as appropriate. The data shall be submitted on Standard Form 1411, Contract Pricing Proposal Cover Sheet.

(UAI 31.105-101)

NOTE: EP-1110-1-8, "Construction Equipment Ownership and Operating Expense Schedule" is available on the Internet at http://www.usace.army.mil/ inet/usace-docs/eng-pamphlets/ep.htm, or may be purchased from the Government Printing Office on CD-ROM by calling (202) 512-1800.

1.12 OBSTRUCTION OF NAVIGABLE WATERWAYS

(a) The Contractor shall-

(1) Promptly recover and remove any material, plant, machinery, or appliance which the Contractor loses, dumps, throws overboard, sinks, or misplaces, and which, in the opinion of the Contracting Officer, may be dangerous to or obstruct navigation;

(2) Give immediate notice, with description and locations of any such obstructions, to the Contracting Officer; and

(3) When required by the Contracting Officer, mark or buoy such obstructions until the same are removed.

(b) The Contracting Officer may--

DOCUMENT 00 80 00.00 09 Page 10

(1) Remove the obstructions by contract or otherwise should the Contractor refuse, neglect, or delay compliance with paragraph (a) of this clause; and

(2) Deduct the cost of removal from any monies due or to become due to the Contractor; or

(3) Recover the cost of removal under the Contractor's bond.

(c) The Contractor's liability for the removal of a vessel wrecked or sunk without fault or negligence is limited to that provided in Sections 15, 19, and 20 of the River and Harbor Act of March 3, 1899 (33 U.S.C. 410 et. seq). (DFARS 252.236-7002)

1.13 CONTRACTOR FURNISHED COMMUNICATION

A two-way radio with the Contractor's working frequencies shall be provided for continuous communications between the inspector and the contractor superintendent. The Contractor shall also provide cellular phone service for use by Government inspectors in addition to the radio equipment specified above.

1.14 SECURITY REQUIREMENTS FOR UNCLASSIFIED CONTRACTS

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

1.15 I-WATCH

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

1.16 ACCESS AND GENERAL PROTECTION/SECURITY POLICY AND PROCEDURES

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

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1.17 PRE-SCREEN CANDIDATES USING E-VERIFY PROGRAM

The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award. *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

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