A22_AMENDMENT 0001_23B0008.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 W912EE23B0008,MS RIVER MI 616-326 STONE REPAIRS TO REVETMENTS AND DIKES, FY23 FC/MR&T, MS RIVER

BASIN, CHANNEL IMPROVEMENT INDEFINITE DELIVERY/INDEFINITE QUANTITY, (IDIQ)

See Continuation Page For Summary of Changes.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 7

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

16C. DATE SIGNED

BY 21-Jul-2023

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 W912EE23B0008

X 9B. DATED (SEE ITEM 11)

10-Jul-2023

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

21-Jul-2023

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:

W912EE23B0008

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

SUMMARY OF CHANGES

Solicitation No. W912EE23B0008 for MS RIVER MI 616-326 STONE REPAIRS TO REVETMENTS AND

DIKES, FY23 FC/MR&T, MS RIVER BASIN, CHANNEL IMPROVEMENT PROGRAM INDEFINITE

DELIVERY/INDEFINITE QUANTITY, is amended as follows:

Bid Opening date will is amended to: 09-AUG-2023 @ 2:30 p.m. Centural Standard Time (CST).

The following clauses has been added to the solicitation 52.219-4,52.219-8,52.219-16, and 252.219-7003.

SPECIFICATIONS: Bidding Schedule and Sections 00 80 00.00 09 are 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.

SECTION 00700 - CONTRACT CLAUSES

The following have been added by reference:

52.219-16 Liquidated Damages-Subcontracting Plan SEP 2021 252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019

The following have been added by full text:

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS

CONCERNS (OCT 2022)

(a) Evaluation preference.

(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except--

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.

(b) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes.

___ Offeror elects to waive the evaluation preference.

(c) Joint venture. A HUBZone joint venture agrees that, in the performance of the contract, at least 40 percent of the aggregate work performed by the joint venture shall be completed by the HUBZone small business parties to the joint venture. Work performed by the HUBZone small business parties to the joint venture must be more than administrative functions.

(End of clause)

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2022)

(a) Definitions. As used in this contract--

HUBZone small business concern means a small business concern that meets the requirements described in 13 CFR 126.200, certified by the Small Business Administration (SBA) and designated by SBA as a HUBZone small business concern in the Dynamic Small Business Search (DSBS) and SAM.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation and qualified as a small business under the criteria and size standards in 13 CFR part 121, including the size standard that corresponds to the NAICS code assigned to the contract or subcontract.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned small business concern means a small business concern--

(1) That is at least 51 percent owned by one or more women, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(b) It is the policy of the United States that small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns shall have the maximum practicable opportunity to participate in performing contracts let by any Federal agency, including contracts and subcontracts for subsystems, assemblies, components, and related services for major systems. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns.

(c)(1) A joint venture qualifies as a small business concern if--

(i) Each party to the joint venture qualifies as small under the size standard for the solicitation; or

(ii) The protege is small under the size standard for the solicitation in a joint venture comprised of a mentor and protege with an approved mentor-protege agreement under a SBA mentor-protege program.

(2) A joint venture qualifies as--

(i) A service-disabled veteran-owned small business concern if it complies with the requirements in 13 CFR part 125; or

(ii) A HUBZone small business concern if it complies with the requirements in 13 CFR 126.616(a) through (c).

(d) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract performance. The Contractor further agrees to cooperate in any studies or surveys as may be conducted by the United States Small Business Administration or the awarding agency of the United States as may be necessary to determine the extent of the Contractor's compliance with this clause.

(e)(1) The Contractor may accept a subcontractor's written representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business if the subcontractor represents that the size and socioeconomic status representations with its offer are current, accurate, and complete as of the date of the offer for the subcontract.

(2) The Contractor may accept a subcontractor's representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business in the System for Award Management (SAM) if--

(i) The subcontractor is registered in SAM; and

(ii) The subcontractor represents that the size and socioeconomic status representations made in SAM are current, accurate and complete as of the date of the offer for the subcontract.

(3) The Contractor may not require the use of SAM for the purposes of representing size or socioeconomic status in connection with a subcontract.

(4) In accordance with 13 CFR 121.411, 124.1015, 125.29, 126.900, and 127.700, a contractor acting in good faith is not liable for misrepresentations made by its subcontractors regarding the subcontractor's size or socioeconomic status.

(5) The Contractor shall confirm that a subcontractor representing itself as a HUBZone small business concern is certified by SBA as a HUBZone small business concern by accessing SAM or by accessing DSBS at https://web.sba.gov/pro-net/search/dsp_dsbs.cfm. If the subcontractor is a joint venture, the Contractor shall confirm that at least one party to the joint venture is certified by SBA as a HUBZone small business concern. The Contractor may confirm the representation by accessing SAM.

52.219-16 LIQUIDATED DAMAGES-SUBCONTRACTING PLAN (SEP 2021)

(a) Failure to make a good faith effort to comply with the subcontracting plan, as used in this clause, means a willful or intentional failure to perform in accordance with the requirements of the subcontracting plan approved under the clause in this contract entitled "Small Business Subcontracting Plan," or willful or intentional action to frustrate the plan.

(b) Performance shall be measured by applying the percentage goals to the total actual subcontracting dollars or, if a commercial plan is involved, to the pro rata share of actual subcontracting dollars attributable to Government contracts covered by the commercial plan. If, at contract completion or, in the case of a commercial plan, at the close of the fiscal year for which the plan is applicable, the Contractor has failed to meet its subcontracting goals and the Contracting Officer decides in accordance with paragraph (c) of this clause that the Contractor failed to make a good faith effort to comply with its subcontracting plan (see 19.705-7), established in accordance with the clause in this contract entitled “Small Business Subcontracting Plan,” the Contractor shall pay the Government liquidated damages in an amount stated. The amount of probable damages attributable to the Contractor's failure to comply shall be an amount equal to the actual dollar amount by which the Contractor failed to achieve each subcontract goal.

(c) Before the Contracting Officer makes a final decision that the Contractor has failed to make such good faith effort, the Contracting Officer shall give the Contractor written notice specifying the failure and permitting the Contractor to demonstrate what good faith efforts have been made and to discuss the matter. Failure to respond to the notice may be taken as an admission that no valid explanation exists. If, after consideration of all the pertinent data, the Contracting Officer finds that the Contractor failed to make a good faith effort to comply with the subcontracting plan, the Contracting Officer shall issue a final decision to that effect and require that the Contractor pay the Government liquidated damages as provided in paragraph (b) of this clause.

(d) With respect to commercial plans, the Contracting Officer who approved the plan will perform the functions of the Contracting Officer under this clause on behalf of all agencies with contracts covered by the commercial plan.

(e) The Contractor shall have the right of appeal, under the clause in this contract entitled Disputes, from any final decision of the Contracting Officer.

(f) Liquidated damages shall be in addition to any other remedies that the Government may have.

https://web.sba.gov/pro-net/search/dsp_dsbs.cfm

The following were previously included by reference and are now included by full text:

252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS) (DEC 2019)

This clause supplements the Federal Acquisition Regulation 52.219-9, Small Business Subcontracting Plan, clause of this contract.

(a) Definition. As used in this clause--

Summary Subcontract Report (SSR) Coordinator means the individual who is registered in the Electronic Subcontracting Reporting System (eSRS) at the Department of Defense level and is responsible for acknowledging receipt or rejecting SSRs submitted under an individual subcontracting plan in eSRS for the Department of Defense.

(b) Subcontracts awarded to qualified nonprofit agencies designated by the Committee for Purchase From People Who Are Blind or Severely Disabled (41 U.S.C. 8502-8504), may be counted toward the Contractor's small business subcontracting goal (section 8025 of Pub. L. 108-87)

(c) A mentor firm, under the Pilot Mentor-Protege Program established under section 831 of Public Law 101-510, as amended, may count toward its small disadvantaged business goal, subcontracts awarded to--

(1) Protege firms which are qualified organizations employing the severely disabled; and

(2) Former protege firms that meet the criteria in section 831(g)(4) of Public Law 101-510.

(d) The master plan is approved by the cognizant contract administration activity for the Contractor.

(e) In those subcontracting plans which specifically identify small businesses, the Contractor shall notify the Administrative Contracting Officer of any substitutions of firms that are not small business firms, for the small business firms specifically identified in the subcontracting plan. Notifications shall be in writing and shall occur within a reasonable period of time after award of the subcontract. Contractor-specified formats shall be acceptable.

(f)(1) For DoD, the Contractor shall submit reports in eSRS as follows:

(i) The Individual Subcontract Report (ISR) shall be submitted to the contracting officer at the procuring contracting office, even when contract administration has been delegated to the Defense Contract Management Agency.

(ii) Submit the consolidated SSR for an individual subcontracting plan to the “Department of Defense.”

(2) For DoD, the authority to acknowledge receipt or reject reports in eSRS is as follows:

(i) The authority to acknowledge receipt or reject the ISR resides with the contracting officer who receives it, as described in paragraph (f)(1)(i) of this clause.

(ii) The authority to acknowledge receipt of or reject SSRs submitted under an individual subcontracting plan resides with the SSR Coordinator.

(g) Include the clause at Defense Federal Acquisition Regulation Supplement (DFARS) 252.219-7004, Small Business Subcontracting Plan (Test Program), in subcontracts with subcontractors that participate in the Test Program described in DFARS 219.702-70, if the subcontract is expected to exceed the applicable threshold specified in Federal Acquisition Regulation 19.702(a), and to have further subcontracting opportunities.

(End of Summary of Changes)

MS RIVER MI 616-326

STONE REPAIRS TO REVETMENTS AND DIKES, FY23

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

INDEFINITE DELIVERY/INDEFINITE QUANTITY, (IDIQ)

BIDDING SCHEDULE

ITEM DESCRIPTION

EST

QTY U/M

UNIT

PRICE AMOUNT

0001 MOBILIZATION AND DEMOBILIZATION 1 JOB For $______

0002 GRADED STONE “A” (MILE 616-494) 22,000 TN $______ $______

0003 GRADED STONE “A” (MILE 494-326) 22,000 TN $______ $______

0004 GRADED STONE “B” WITHOUT FINES (MILE

616-494)

10,000 TN $______ $______

0005 GRADED STONE “B” WITHOUT FINES (MILE

494-326)

10,000 TN $______ $______

0006 GRADED STONE “C” (MILE 616-494) 45,000 TN $______ $______

0007 GRADED STONE “C” (MILE 494-326) 45,000 TN $______ $______

0008 GRADED STONE “C” FOR POINT PLEASANT

STONE BANK PAVING (MILE 421.9-R)

17,700 TN $______ $______

0009 LARGE DIKE BANKHEAD EXCAVATION 1 EA $______ $______

0010 SMALL BANKHEAD EXCAVATION 1 EA $______ $______

0011 UPSTREAM TOWING 100 MI $______ $______

0012 DOWNSTREAM TOWING 100 MI $______ $______

TOTAL $______

28,300

Revised By Amendment 0001

B4EDGDML

Cross-Out

W912EE-23-B-0008

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, Revetment Repairs, and Stone Bank Paving (RM 616 - 326) - Estimated tonnage:44,000 tons of A stone for dike repairs and 90,000 tons of C stone for revetment repairs. Specification Sections 32 22 11.00 09 GRADING, EXCAVATION, AND SLOPE DRESSING and 35 21 23.00 09 STONE BANK PAVING does not apply to dike repairs or revetment repairs.

Approximately 17,700 28,300 tons of the C Stone will also be used for Stone Bank Paving at Point Pleasant. Specification Sections 32 22 11.00 09 GRADING, EXCAVATION, AND SLOPE DRESSING and 35 21 23.00 09 STONE BANK PAVING does apply to the Point Pleasant Stone Bank Paving site. Four (4) pre-construction and four (4) post-construction multi-beam surveys, total of eight (8), shall be required for this task order. 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 - Stone Repairs (RM 616 - 326) - Estimated tonnage: To be determined. The award of this task order is not anticipated until completion of a low water inspection trip, performed by the government, which may not occur until several weeks after award of this IDIQ contract, depending on river stages. 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

DOCUMENT 00 80 00.00 09 Page 2 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 on the subsequent task order 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.

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 "C" For Point Pleasant Stone Bank Paving" work will consist of placing stone bank paving with Graded Stone "C" as directed in the plans provided. The placement of stone at this site may required land based equipment in order to reach the upper bank limits of this project.

This work will commence within 15 days after the Mat Sinking Unit has sunk the final mat at this location. The contractor may be directed by the Contracting Officer to leave a current worksite on this Task Order in order to construct the stone bank paving at Point Pleasant.

"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

DOCUMENT 00 80 00.00 09 Page 3 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 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

DOCUMENT 00 80 00.00 09 Page 4

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.

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 22 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 $1,528.00 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.

DOCUMENT 00 80 00.00 09 Page 5

(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 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

PROFILES AND SECTIONS 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

DOCUMENT 00 80 00.00 09 Page 6 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 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

DOCUMENT 00 80 00.00 09 Page 7 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 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 -2.4

Arkansas City, AR 37 96.66 0

Greenville, MS 48 74.92 9.28

DOCUMENT 00 80 00.00 09 Page 8

Vicksburg, MS 43 46.23 0.8

Natchez, MS 48 17.28 9.5 (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.

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

DOCUMENT 00 80 00.00 09 Page 9

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.

(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

DOCUMENT 00 80 00.00 09 Page 10 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 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).