AM0001_Solicitation_W912EE21B0005.pdf

W807PM10924992

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 IFB No. W912EE-21-B-0005, for MS River Mile 616-326 AHP, Stone Bank Paving, FY21, FC/MR&T, Channel Improvement Program, Indefinite Delivery/Indefinite Quantity (ID/IQ), is amended as follow s:

SEE CONTINUATION PAGE FOR SUMMARY OF CHANGES.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

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

16C. DATE SIGNED

BY 07-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 W912EE21B0005

X 9B. DATED (SEE ITEM 11)

03-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

07-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:

W912EE21B0005

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

SUMMARY OF CHANGES-AM0001

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.

(End of Summary of Changes)

W912EE-21-B-00

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 80 00.00 09

SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 REFERENCES

1.2 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

1.2.1 Commencement

1.2.2 Prosecution

1.2.3 Completion

1.2.4 Termination of Task Order

1.3 EXCLUSION PERIODS FOR COMPUTING COMPLETION SCHEDULE

1.4 LIQUIDATED DAMAGES-CONSTRUCTION

1.5 CONTRACT DRAWINGS AND SPECIFICATIONS

1.6 CORRESPONDENCE AND ELECTRONIC COMMUNICATION

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

PROCESSING DAVIS-BACON ACT CERTIFIED LABOR PAYROLLS

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 SECURITY REQUIREMENTS FOR UNCLASSIFIED CONTRACTS

1.14 I-WATCH

1.15 ACCESS AND GENERAL PROTECTION/SECURITY POLICY AND PROCEDURES

1.16 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 REFERENCES

The publications listed below form a part of this section to the extent referenced. The publications are referred to within the text by the basic designation only.

U.S. ARMY CORPS OF ENGINEERS (USACE)

EP-1110-1-8 (2009) Construction Equipment Ownership and Operating Expense Schedule

1.2 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

1.2.1 Commencement

a. The Contractor shall be required to commence work under each Task Order within 10 calendar days after the date the Contractor receives the Notice to Proceed (or within 3 calendar days after the commencement of grading and/or revetment sinking operations at the first jobsite that requires the placement of stone paving, whichever is the later date) and to diligently prosecute said work according to the order of work as indicated in the individual Task Orders. At each jobsite selected by the Contracting Officer, as provided in the specifications, the Contractor shall commence work within 2 days after being advised that sufficient bank is ready for stone paving, or within 2 days after completion of Contractor's paving work at the preceding jobsite, whichever is the later date.

b. 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.

Task Order 1 – Estimated Tonnage 66,600 Tons of 125 lb riprap.

All work on this Task Order 1 shall be completed prior to beginning work on any other task orders. It is anticipated that Task Order 1 will be issued soon after award of the IDIQ contract, followed by prompt issuance of the Notice to Proceed if or as soon as river conditions are favorable for construction to begin.

c. If any additional task orders, following Task Order 1, 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 at the contract price. In this case, upstream towing will not be paid in conjunction with additional mobilization and demobilization costs.

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 Proceed limitations. If the Contractor requests to work two of these sites concurrently, the Government will not be obligated to pay additional mobilization and demobilization costs.

1.2.2 Prosecution

a. The work of placing stone bank paving on the Mississippi River generally consists of four principal operations to be performed in the following sequence:

(1) Bank grading (to be done by others).

(2) Placing filter blanket on graded bank (to be done by others).

(3) Sinking subaqueous articulated concrete mattress (to be done by others).

(4) Stone bank paving (to be done by the Contractor under this contract). Sinking subaqueous mattress usually begins at the downstream limit of each jobsite and proceeds continuously upstream.

Usual working conditions are such that bank paving can be started within two days after beginning of subaqueous mattress sinking operations.

b. Normal occurrences of sudden rises in river stages during low water construction season, which may erode the unpaved upper bank and destroy the subaqueous mattress, make it imperative that the bank paving performed under this contract follow the mattress sinking operations as closely as practicable. Stone bank paving will normally be governed by the rate of progress maintained by the mattress sinking unit. Ordinarily, it may be expected but is not guaranteed, that mattress sinking operations by the revetment plant will progress at an average rate of about 1,000 linear feet (bank measurement) per working day or an average of about 850 linear feet per calendar day. It is the specific intent of these specifications that the bank paving work at each jobsite, insofar as is consistent with the requirements of the contract, be kept as close as practicable to mattress sinking operations and be completed as soon as possible after completion of mattress sinking operations at each job site.

c. Rate of progress. The time allowable for completion of the bank paving work under each Task Order is based on the Contractor maintaining an average rate of progress of 1,800 tons per calendar day. On days on which there is less than 1,000 linear feet of bank ready for paving, the Contractor shall place stone paving at a rate commensurate with the availability of unpaved bank area and physical space requirement for operation of plant. In order to maintain a rate of progress that will ensure protection of the unpaved bank, the Contractor shall have enough equipment and material on the job, or have it immediately available, to place bank paving at a rate of not less than 2,600 tons per calendar day, and shall pave at this rate when necessary to keep up with the sinking plant.

d. The Contractor shall furnish sufficient forces, materials, construction plant and equipment, and shall work such hours and overtime

DOCUMENT 00 80 00.00 09 Page 3 operations as may be necessary to ensure the prosecution of the work in accordance with these specifications. 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.

e. 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).

1.2.3 Completion

The Contractor shall complete the entire work for each Task Order within the number of calendar days determined by dividing the total number of tons of paving to be placed by 1,800 (the average number of tons of paving to be placed each calendar day), plus 10 days for hand dressing, beginning 10 calendar days after receipt of Notice to Proceed or 3 calendar days after the commencement of grading and/or revetment sinking operations at the first jobsite that requires the placement of stone paving, whichever is the later date. The time for completion will be extended to the extent that the work is suspended due to river stages, or delayed due to insufficient progress of the revetment operations. The number of days computed above shall be used when computing liquidated damages as specified in paragraph LIQUIDATED DAMAGES-CONSTRUCTION. In any event, unless extended under the contract terms, the contract period will be from date of contract award and not to exceed 31 March 2023. : In any event, unless extended under the contract terms, the issuance of task order award period will be from date of the contract award and not to exceed 31 March 2023.

1.2.4 Termination of Task Order

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.

1.3 EXCLUSION PERIODS FOR COMPUTING COMPLETION SCHEDULE

a. No work shall be performed during the period of 1 April through 30 June, inclusive, of each year (Pallid Sturgeon spawning and Least Tern nesting season), and such period has not been considered in computing the time allowed for completion. See also Section 01 57 20.00 09 ENVIRONMENTAL PROTECTION, paragraph PROTECTION OF AQUATIC AND WILDLIFE

RESOURCES.

DOCUMENT 00 80 00.00 09 Page 4

1.4 LIQUIDATED DAMAGES-CONSTRUCTION

(a) If the Contractor fails to complete the work within the time specified in the Tast Order, 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)

1.5 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 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:

MS RIVER, MILE 616-326 AHP

STONE BANK PAVING, FY 21, IDIQ

FC/MR&T, CHANNEL IMPROVEMENT PROJECT

MISSISSIPPI RIVER

DRAWING TITLE DRAWING NO.

DOCUMENT 00 80 00.00 09 Page 5

COVER SHEET G-001

STANDARD DETAILS C-501

(DFARS 252.236-7001)

1.6 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.amrdec.army.mil/SAFE, or through the Quality Control System (QCS) 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.

1.7 (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 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

DOCUMENT 00 80 00.00 09 Page 6 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 Quality Control System (QCS) version of Resident Management System (RMS), that in turn shall export payroll data to the Government's Resident Management System (RMS); 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

1.8 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 Contract Clause NOTICE OF HUBZONE SET-ASIDE OR SOLE SOURCE AWARD.)

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. Daily data of different local gages on the Mississippi River can be found at the following website:

https://rivergages.mvr.usace.army.mil/WaterControl/new/layout.cfm

GAGE READING

GAGE READING ZERO OF GAGE OF LOW WATER

GAGE LOCATION BANKFULL STAGE FEET, NGVD REFERENCE PLANE

Helena, AR 41 141.7 4.1

DOCUMENT 00 80 00.00 09 Page 7

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

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 falls between 15 July to about 15 December. Actual working season, however, may vary and is dependent upon total requirements of current sinking season, river stages, and schedule for sites being performed that face under these this contract. Annual hydrographs of different Engineer gages within limits of the Vicksburg District are available for inspection at the office of 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.

(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 maybe 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)

DOCUMENT 00 80 00.00 09 Page 8

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.

(1) Sixty percent of the lump sum price upon completion of the Contractor's mobilization at the work site.

(2) The remaining forty percent upon completion of demobilization.

(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)

Additional Mobilization and Demobilization will not be paid unless demobilizaiton has been completed from previous task order.

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.

(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

DOCUMENT 00 80 00.00 09 Page 9 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--

(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 52.236-7002)

DOCUMENT 00 80 00.00 09 Page 10

1.13 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.

1.14 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.

1.15 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.

1.16 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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