W912EP-16-B-0010_Amendment_0004.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)

30-105-04 EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

U.S. NAVAL STATION KINGS BAY, MAINTENANCE DREDGING, ENTRANCE CHANNEL, CUT-1N THROUGH RANGES-E, 49, 45, AND 44-FOOT

PROJECT, CAMDEN COUNTY, GA AND NASSAU COUNTY, FL

A. SEE CONTINUATION SHEET FOR AMENDMENT DETAILS.

B. THE GOVERNMENT HAS EXTENDED THE DUE DATE: FROM: NOVEMBER 15, 2016 @ 2:00 P.M. EST TO: NOVEMBER 22, 2016 @ 2:00 P.M. EST.

ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED

1. CONTRACT ID CODE PAGE OF PAGES

1 86

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

16C. DATE SIGNED

BY

16B. UNITED STATES OF AMERICA 15C. DATE SIGNED 15B. 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 W912EP-16-B-0010

X 9B. DATED (SEE ITEM 11)

14-Oct-2016

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

10-Nov-2016

CODE

USA ENGINEER DISTRICT, JACKSONVILLE

CONTRACTING DIVISION

701 SAN MARCO BLVD

JACKSONVILLE FL 32207-8175

W912EP 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODE CODE

EMAIL: TEL:

SF 30 CONTINUATION SHEET

U.S. Naval Station Kings Bay, Maintenance Dredging, Entrance Channel, Cut-1N through Ranges-E, 49, 45, and 44-Foot Project, Camden County, GA and Nassau County, FL

SUMMARY OF CHANGES

1. SPECIFICATIONS:

A. In some Volume 1 sections, asterisks appear before and after the line or lines where revisions have been made to the text, and pertain only to changes made by this amendment. In some cases, replacement clauses are attached to this amendment.

B. In Volume 2 sections, the text changes have been updated with additions noted by underlined text and deletions noted by line/cross-outs, and pertain only to changes made by this amendment. The entire section is replaced if there is any change. The Project Table of Contents and Submittal Register are replaced without underlines and cross-outs if there are changes to these documents.

Changes to Specifications:

Volume 1 of 2 – Contract Documents:

DELETE Alternative A Section 00010A Line Items and Pricing Schedule and REPLACE with attached revised Section 00010A.

DELETE Alternative B Section 00010A Line Items and Pricing Schedule and REPLACE with attached revised Section 00010A.

DELETE Section 00100 - INSTRUCTIONS TO OFFERORS and REPLACE with attached revised Section 00100 - INSTRUCTIONS TO OFFERORS.

DELETE Section 00101 – REPRESENTATIONS & CERTIFICATIONS and REPLACE with attached revised Section 00101 – REPRESENTATIONS & CERTIFICATIONS.

Volume 2 of 2 – Technical Specifications:

DELETE Section 01 22 00 and REPLACE with the attached revised Section 01 22 00.

DELETE Section 35 20 23 and REPLACE with the attached revised Section 35 20 23.

2. DRAWINGS:

N/A

(End of Summary of Changes)

W912EP-16-B-0010 2 Amendment 0004

00010A - 1 W912EP-16-B-0010 AMD0004

Section 00010A -- Line Items and Pricing Schedule U.S. Naval Station Kings Bay, Maintenance Dredging, Entrance Channel, Cut-1N through Range-E, 49, 45, and 44-Foot Project, Camden County, Georgia and Nassau County, Florida

ALTERNATIVE A: Maintenance Dredging of Entrance Channel Project Cut-1N through Range-E and disposal at Fort Clinch (D/A-F), Fernandina Nearshore (D/A-N), Fernandina ODMDS (D/A-O), and North Beach (D/A-NB South, from R-27 to R-33)

LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

0001 MOBILIZATION AND DEMOBILIZATION 1 LUMP SUM $

0002 FORT CLINCH PRE-PLACEMENT DEBRIS REMOVAL 100 CUBIC YARD $ $

ESTIMATED QUANTITY (SEE NOTE 6)

EXCAVATION, UNCLASSIFIED

CUT-1N STA 75+00 TO STA 100+00; (D/A-N DISPOSAL)

LINE ITEMS 0003 AND 0004 BELOW.

0003 UP TO 15,000 CUBIC YARDS, 15,000 CUBIC YARD $ $

ESTIMATED QUANTITY (SEE NOTE 3)

0004 FROM 15,001 CUBIC YARDS TO 50,000 CUBIC YARDS, 35,000 CUBIC YARD $ $

ESTIMATED QUANTITY (SEE NOTE 3)

EXCAVATION, UNCLASSIFIED

CUT-1N STA 100+00 TO STA 200+00

(D/A-F AND D/A-NB SOUTH DISPOSAL)

LINE ITEMS 0005 AND 0006 BELOW.

0005 UP TO 100,000 CUBIC YARDS TO D/A-F, ESTIMATED 100,000 CUBIC YARD $ $

QUANTITY (SEE NOTE 3)

0006 FROM 100,001 CUBIC YARDS TO 150,000 CUBIC YARDS 50,000 CUBIC YARD $ $

TO D/A-NB SOUTH, ESTIMATED QUANTITY (SEE NOTE 3)

EXCAVATION, UNCLASSIFIED

CUT-1N STA 200+00 TO STA 230+00; (D/A-N DISPOSAL)

LINE ITEMS 0007 AND 0008 BELOW.

0007 UP TO 140,000 CUBIC YARDS, 140,000 CUBIC YARD $ $

ESTIMATED QUANTITY (SEE NOTE 3)

0008 FROM 140,001 CUBIC YARDS TO 200,000 CUBIC YARDS, 60,000 CUBIC YARD $ $

ESTIMATED QUANTITY (SEE NOTE 3)

EXCAVATION, UNCLASSIFIED

CUT-1N STA 230+00 TO STA 360+00; (D/A-O DISPOSAL)

LINE ITEMS 0009, 0010, AND 0011 BELOW.

0009 UP TO 400,000 CUBIC YARDS, 400,000 CUBIC YARD $ $

ESTIMATED QUANTITY (SEE NOTE 3)

0010 FROM 400,001 CUBIC YARDS TO 600,000 CUBIC YARDS, 200,000 CUBIC YARD $ $

ESTIMATED QUANTITY (SEE NOTE 3)

00010A - 2 W912EP-16-B-0010 AMD0004

U.S. Naval Station Kings Bay, Maintenance Dredging, Entrance Channel, Cut-1N through Range-E, 49, 45, and 44-Foot Project, Camden County, Georgia and Nassau County, Florida

LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

0011 FROM 600,001 CUBIC YARDS TO 800,000 CUBIC YARDS, 200,000 CUBIC YARD $ $

ESTIMATED QUANTITY (SEE NOTE 3)

0012 EXCAVATION, UNCLASSIFIED 150,000 CUBIC YARD $ $

CUT-1N NORTH SETTLING BASIN, STA 119+00

TO STA 227+50; (D/A-NB SOUTH DISPOSAL)

EXCAVATION, UNCLASSIFIED, 30,000

CUBIC YARD

RANGE A STA 6+500 TO RANGE A2 STA 12+005.31

(D/A-NB SOUTH DISPOSAL)

RANGE B STA 12+005.31 TO STA 15+304.85

(D/A-N DISPOSAL) ESTIMATED QUANTITY (SEE NOTE 3)

EXCAVATION, UNCLASSIFIED

RANGE D STA 24+700 TO RANGE E STA 31+800

(D/A-NB SOUTH AND D/A-N DISPOSAL)

LINE ITEMS 0015, 0016 AND 0017 BELOW.

UP TO 75,000 CUBIC YARDS TO D/A-NB SOUTH 75,000

FROM 75,001 CUBIC YARDS TO 130,000 CUBIC YARDS 55,000

TO D/A-NB SOUTH; ESTIMATED QUANTITY (SEE NOTE 3)

FROM 130,001 CUBIC YARDS TO 150,000 CUBIC YARDS 20,000

TO D/A-N; ESTIMATED QUANTITY (SEE NOTE 3)

ENVIRONMENTAL SPECIES MONITORING 1

LUMP SUM

TURBIDITY MONITORING 1

0020 MOBILIZATION AND DEMOBILIZATION FOR NON-CAPTURE

SEA TURTLE TRAWL SWEEPING 1 LUMP SUM $

SEA TURTLE NON-CAPTURE TRAWL SWEEPING, 100

DAY

ESTIMATED QUANTITY (SEE NOTE 4)

BEACH TILLING; LINE ITEMS 0022 AND 0023 BELOW.

AT D/A-F DISPOSAL AREA (BEACH ONLY, NOT GROINS) 3.0

ACRE

ESTIMATED QUANTITY (SEE NOTE 5)

AT D/A-NB SOUTH DISPOSAL AREA; R-27 TO R-33 13.5

W912EP-16-B-0010 00010A - 3 AMD0004

49, 45, and 44-Foot Project, Camden County, Georgia and Nassau County, Florida

LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

REMEDIATION OF NONCOMPLIANT MATERIAL

ESTIMATED QUANTITY (SEE NOTE 6)

SCREENING OF UNACCEPTABLE MATERIAL

REMOVAL AND DISPOSAL OF UNACCEPTABLE MATERIAL

CONSTRUCTION/VIBRATION CONTROLS AND

MONITORING; LINE ITEMS 0027 AND 0028 BELOW.

AT D/A-F DISPOSAL AREA 1

AT D/A-NB SOUTH DISPOSAL AREA; R-27 TO R-33 1

0029 STANDBY TIME (SEE NOTE 7)

HOUR

TOTAL (ALTERNATIVE A)

LINE ITEMS 0001 THRU 0029 (SEE NOTE 8)

W912EP-16-B-0010 00010A - 4 AMD0004

49, 45, and 44-Foot Project, Camden County, Georgia and Nassau County, Florida

NOTES (1) SEE SECTION 00100, "INSTRUCTIONS TO OFFERERS."

(2) BIDDERS MUST PRICE ALL LINE ITEMS. SEE PROVISION 52.214-18 OF SECTION 00100, "PREPARATION OF

BIDS - CONSTRUCTION".

(3) QUANTITY INCLUDES REQUIRED DEPTH, ALLOWABLE OVERDEPTH, AND SHOALING ESTIMATED TO OCCUR

BETWEEN THE DATES OF THE SURVEYS AND THE ACTUAL DREDGING.

(4) SEA TURTLE NON-CAPTURE TRAWL SWEEPING IS REQUIRED WHEN DIRECTED BY THE CONTRACTING

OFFICER. SEE PARAGRAPH 3.1.5.8 OF SECTION 01 57 20.

(5) ACTUAL QUANTITY OF BEACH TILLING MAY VARY FROM ESTIMATED QUANTITY. SEE PARAGRAPH 3.1.5.10c

OF SECTION 01 57 20.

(6) ACTUAL QUANTITIES MAY VARY.

(7) STANDBY TIME IS DEFINED AS WHEN THE DREDGE PLANT IS NOT IN OPERATION BY REQUEST OF THE CONTRACTING OFFICER OR CONTRACTING OFFICER'S REPRESENTATIVE. STANDBY TIME SHALL BE UTILIZED ONLY DUE TO ENDANGERED SPECIES TAKES (EST) OR CONSULTATION EFFORTS, BUT NOT DUE TO ADVERSE WEATHER CONDITIONS OR MECHANICAL/OPERATIONAL ISSUES WITH THE CONTRACTOR'S PLANT. THIS LINE ITEM IS NOT SUBJECT TO VARIATION IN ESTIMATED QUANTITY CLAUSE, AND PAYMENT WILL ONLY BE MADE FOR THE ACTUAL STANDBY TIME REQUIRED BY THE CONTRACTING OFFICER SUBSEQUENT TO THE INITIAL 24-HOUR PERIOD FOLLOWING AN EST (FOR WHICH CONSIDERATION WILL NOT BE PROVIDED). ADDITIONALLY, IF IT IS SUBSEQUENTLY

DETERMINED BY THE GOVERNMENT THAT THE TAKE(S) RESULTED FROM IMPROPER OPERATIONAL

PROCEDURES, CONSIDERATION MAY BE WITHHELD BY THE GOVERNMENT.

(8) THE GOVERNMENT INTENDS TO AWARD A SINGLE CONTRACT FROM THIS SOLICITATION FOR EITHER ALTERNATIVE A OR ALTERNATIVE B. THE GOVERNMENT WILL EVALUATE ALL BIDS AND AWARD WILL BE MADE CONTINGENT UPON AVAILABLE FUNDING WHICH WILL BE ANNOUNCED AT THE TIME OF BID OPENING. THE BID GUARANTEE AMOUNT SHALL BE BASED ON THE CONTRACTOR'S TOTAL BID FOR THE HIGHEST PRICED ALTERNATIVE. BIDDER WILL BE REQUIRED TO SUBMIT PRICES ON ALL LINE ITEMS ON THE BID SCHEDULE; FAILURE TO DO SO WILL RENDER THE BID NON-RESPONSIVE.

W9112EP-16-B-0010 00010A - 1 AMD0004

49, 45, and 44-Foot Project, Camden County, Georgia and Nassau County, Florida

ALTERNATIVE B: Maintenance Dredging of Entrance Channel Project Cut-1N through Range-E and disposal at Fort Clinch (D/A-F), Fernandina Nearshore (D/A-N), Fernandina ODMDS (D/A-O), and North Beach (D/A-NB North, from R-13 to R-20)

LINE ITEM

DESCRIPTION

QUANTITY

UNIT

UNIT PRICE

TOTAL

MOBILIZATION AND DEMOBILIZATION

FORT CLINCH PRE-PLACEMENT DEBRIS REMOVAL

EXCAVATION, UNCLASSIFIED

CUT-1N STA 75+00 TO STA 100+00; (D/A-N DISPOSAL)

LINE ITEMS 0003 AND 0004 BELOW.

UP TO 15,000 CUBIC YARDS,

15,000

FROM 15,001 CUBIC YARDS TO 50,000 CUBIC YARDS,

35,000

EXCAVATION, UNCLASSIFIED

CUT-1N STA 100+00 TO STA 200+00

(D/A-F AND D/A-NB NORTH DISPOSAL)

LINE ITEMS 0005 AND 0006 BELOW.

UP TO 100,000 CUBIC YARDS TO D/A-F, ESTIMATED

100,000

QUANTITY (SEE NOTE 3)

FROM 100,001 CUBIC YARDS TO 150,000 CUBIC YARDS

50,000

TO D/A-NB NORTH, ESTIMATED QUANTITY (SEE NOTE 3)

EXCAVATION, UNCLASSIFIED

CUT-1N STA 200+00 TO STA 230+00; (D/A-N DISPOSAL)

LINE ITEMS 0007 AND 0008 BELOW.

UP TO 140,000 CUBIC YARDS,

140,000

0008 FROM 140,001 CUBIC YARDS TO 200,000 CUBIC YARDS,

60,000

EXCAVATION, UNCLASSIFIED

CUT-1N STA 230+00 TO STA 360+00; (D/A-O DISPOSAL)

LINE ITEMS 0009, 0010, AND 0011 BELOW.

0009 UP TO 400,000 CUBIC YARDS, 400,000 CUBIC YARD $ $

ESTIMATED QUANTITY (SEE NOTE 3)

0010 FROM 400,001 CUBIC YARDS TO 600,000 CUBIC YARDS, 200,000 CUBIC YARD $ $

W9112EP-16-B-0010 00010A - 2 AMD0004

49, 45, and 44-Foot Project, Camden County, Georgia and Nassau County, Florida

LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

0011 FROM 600,001 CUBIC YARDS TO 800,000 CUBIC YARDS, 200,000 CUBIC YARD $ $

ESTIMATED QUANTITY (SEE NOTE 3)

0012 EXCAVATION, UNCLASSIFIED 150,000 CUBIC YARD $ $

CUT-1N NORTH SETTLING BASIN, STA 119+00

TO STA 227+50; (D/A-NB NORTH DISPOSAL)

RANGE A STA 6+500 TO RANGE A2 STA 12+005.31

(D/A-NB NORTH DISPOSAL)

RANGE B STA 12+005.31 TO STA 15+304.85

(D/A-N DISPOSAL) ESTIMATED QUANTITY (SEE NOTE 3)

EXCAVATION, UNCLASSIFIED

RANGE D STA 24+700 TO RANGE E STA 31+800

(D/A-NB NORTH AND D/A-N DISPOSAL)

LINE ITEMS 0015, 0016, AND 0017 BELOW.

UP TO 75,000 CUBIC YARDS TO D/A-NB NORTH 75,000

FROM 75,001 CUBIC YARDS TO 130,000 CUBIC YARDS 55,000

TO D/A-NB NORTH; ESTIMATED QUANTITY (SEE NOTE 3)

FROM 130,001 CUBIC YARDS TO 150,000 CUBIC YARDS 20,000

TO D/A-N; ESTIMATED QUANTITY (SEE NOTE 3)

ENVIRONMENTAL SPECIES MONITORING 1

TURBIDITY MONITORING 1

0020 MOBILIZATION AND DEMOBILIZATION FOR NON-CAPTURE

SEA TURTLE TRAWL SWEEPING 1 LUMP SUM $

SEA TURTLE NON-CAPTURE TRAWL SWEEPING, 100

DAY

ESTIMATED QUANTITY (SEE NOTE 4)

BEACH TILLING; LINE ITEMS 0022 AND 0023 BELOW.

AT D/A-F DISPOSAL AREA (BEACH ONLY, NOT GROINS) 3.0

AT D/A-NB NORTH DISPOSAL AREA; R-13 TO R-20 13.5

W9112EP-16-B-0010 00010A - 3 AMD0004

49, 45, and 44-Foot Project, Camden County, Georgia and Nassau County, Florida

LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

REMEDIATION OF NONCOMPLIANT MATERIAL

SCREENING OF UNACCEPTABLE MATERIAL

REMOVAL AND DISPOSAL OF UNACCEPTABLE MATERIAL

CONSTRUCTION/VIBRATION CONTROLS AND

MONITORING; LINE ITEMS 0027 AND 0028 BELOW.

AT D/A-F DISPOSAL AREA 1

AT D/A-NB NORTH DISPOSAL AREA; R-13 TO R-20 1

0029 STANDBY TIME (SEE NOTE 7)

HOUR

TOTAL (ALTERNATIVE B)

LINE ITEMS 0001 THRU 0029 (SEE NOTE 8)

W9112EP-16-B-0010 00010A - 4 AMD0004

49, 45, and 44-Foot Project, Camden County, Georgia and Nassau County, Florida

NOTES (1) SEE SECTION 00100, "INSTRUCTIONS TO OFFERERS."

(2) BIDDERS MUST PRICE ALL LINE ITEMS. SEE PROVISION 52.214-18 OF SECTION 00100, "PREPARATION OF

BIDS - CONSTRUCTION".

(3) QUANTITY INCLUDES REQUIRED DEPTH, ALLOWABLE OVERDEPTH, AND SHOALING ESTIMATED TO OCCUR

BETWEEN THE DATES OF THE SURVEYS AND THE ACTUAL DREDGING.

(4) SEA TURTLE NON-CAPTURE TRAWL SWEEPING IS REQUIRED WHEN DIRECTED BY THE CONTRACTING

OFFICER. SEE PARAGRAPH 3.1.5.8 OF SECTION 01 57 20.

(5) ACTUAL QUANTITY OF BEACH TILLING MAY VARY FROM ESTIMATED QUANTITY. SEE PARAGRAPH 3.1.5.10c

OF SECTION 01 57 20.

(6) ACTUAL QUANTITIES MAY VARY.

(7) STANDBY TIME IS DEFINED AS WHEN THE DREDGE PLANT IS NOT IN OPERATION BY REQUEST OF THE CONTRACTING OFFICER OR CONTRACTING OFFICER'S REPRESENTATIVE. STANDBY TIME SHALL BE UTILIZED ONLY DUE TO ENDANGERED SPECIES TAKES (EST) OR CONSULTATION EFFORTS, BUT NOT DUE TO ADVERSE WEATHER CONDITIONS OR MECHANICAL/OPERATIONAL ISSUES WITH THE CONTRACTOR'S PLANT. THIS LINE ITEM IS NOT SUBJECT TO VARIATION IN ESTIMATED QUANTITY CLAUSE, AND PAYMENT WILL ONLY BE MADE FOR THE ACTUAL STANDBY TIME REQUIRED BY THE CONTRACTING OFFICER SUBSEQUENT TO THE INITIAL 24-HOUR PERIOD FOLLOWING AN EST (FOR WHICH CONSIDERATION WILL NOT BE PROVIDED). ADDITIONALLY, IF IT IS SUBSEQUENTLY

DETERMINED BY THE GOVERNMENT THAT THE TAKE(S) RESULTED FROM IMPROPER OPERATIONAL

PROCEDURES, CONSIDERATION MAY BE WITHHELD BY THE GOVERNMENT.

(8) THE GOVERNMENT INTENDS TO AWARD A SINGLE CONTRACT FROM THIS SOLICITATION FOR EITHER ALTERNATIVE A OR ALTERNATIVE B. THE GOVERNMENT WILL EVALUATE ALL BIDS AND AWARD WILL BE MADE CONTINGENT UPON AVAILABLE FUNDING WHICH WILL BE ANNOUNCED AT THE TIME OF BID OPENING. THE BID GUARANTEE AMOUNT SHALL BE BASED ON THE CONTRACTOR'S TOTAL BID FOR THE HIGHEST PRICED ALTERNATIVE. BIDDER WILL BE REQUIRED TO SUBMIT PRICES ON ALL LINE ITEMS ON THE BID SCHEDULE; FAILURE TO DO SO WILL RENDER THE BID NON-RESPONSIVE.

W912EP-16-B-0010 00100-i Amendment 0004

Section 00100 - INSTRUCTIONS TO OFFERORS

52.204-7 System for Award Management JUL 2013 52.204-16 Commercial and Government Entity Code

Reporting

JUL 2016

52.204-17 Ownership or Control of Offeror JUL 2016 52.211-2 Availability of Specifications, Standards, and Data

Item Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST)

APR 2014

52.214-3 Amendments To Invitations For Bids DEC 1989 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids MAR 1997 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids

NOV 1999

52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.216-1 Type Of Contract APR 1984 52.217-5 Evaluation Of Options JUL 1990 52.222-5 Construction Wage Rate Requirements--Secondary

Site of the Work

MAY 2014

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction

FEB 1999

52.222-38 Compliance With Veterans' Employment Reporting Requirements

FEB 2016

52.225-12 Notice of Buy American Requirement - Construction Materials Under Trade Agreements

MAY 2014

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.233-2 SERVICE OF PROTEST (SEP 2006) (CESAJ

ADAPTATION)

OCT 2006

52.236-27 (Alt I) SITE VISIT (CONSTRUCTION) (FEB 1995)

(ALTERNATE I) (FEB 1995) (CESAJ

ADAPTATION)

MAY 2003

52.252-5 Authorized Deviations In Provisions APR 1984 252.204-7004 Alt A

System for Award Management Alternate A FEB 2014

252.225-7031 Secondary Arab Boycott Of Israel JUN 2005

999.204-1 HAND-DELIVERING OFFERS TO THE

PRUDENTIAL OFFICE BUILDING IN

JACKSONVILLE

MAY 2004

W912EP-16-B-0010 00100-ii Amendment 0004

999.204-2 PUBLIC ATTENDANCE AT PUBLIC BID

OPENINGS

FEB 2010

999.204-4002 ESTABLISHING AUTHORITY OF PERSON(S)

WHO SIGN(S) THE OFFER

DEC 1999

999.204-4003 DISTRIBUTING SOLICITATION

AMENDMENTS VIA FEDBIZOPPS.GOV

999.209-1 NATIONAL DREDGING QUALITY

MANAGEMENT PROGRAM SYSTEM –

SPECIAL STANDARD OF RESPONSIBILITY

JUL 2010

999.209-4005 SEAGOING BARGE ACT - SPECIAL

STANDARD OF RESPONSIBILITY

DEC 1999

999.209-4006 STANDARD OF RESPONSIBILITIY FOR

DREDGING CONTRACTORS

OCT 2001

999.214-4000 OBTAINING INFORMATION REGARDING

THIS SOLICITATION

DEC 1999

999.214-4018 BIDDER'S CHECKLIST --

CONSTRUCTION/DREDGING CONTRACTS

DEC 1999

999.214-4020 NOTIFICATION TO UNSUCCESSFUL

BIDDERS

SEP 2006

999.219-4003 SOURCES FOR ASSISTANCE IN LOCATING

SMALL BUSINESS SUBCONTRACTORS

DEC 1999

999.219-4006 SUBCONTRACTING PLAN TARGET GOALS JUN 2015

W912EP-16-B-0010 00100-1 Amendment 0004

SECTION 00100 - INSTRUCTIONS TO OFFERORS

52.204-7 SYSTEM FOR AWARD MANAGEMENT (JULY 2013)

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

Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

Data Universal Numbering System +4 (DUNS+4) number means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern.

Registered in the System for Award Management SAM database means that--

(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14) into the SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number--

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

W912EP-16-B-0010 00100-2 Amendment 0004

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and Zip Code.

(iv) Company Mailing Address, City, State and Zip Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering.

Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

(End of clause)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or https://www.acquisition.gov/

W912EP-16-B-0010 00100-3 Amendment 0004

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal. The CAGE code entered must be for that name and address. Enter ``CAGE'' before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via--

(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Commercial and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the offeror does not otherwise register in SAM, an offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity's country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.

(d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil.

(e) When a CAGE Code is required for the immediate owner and/or the highest-level owner by 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE Code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

(End of Provision)

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or http://www.sam.gov/ https://cage.dla.mil/ https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx http://www.nato.int/structur/AC/135/main/links/contacts.htm https://cage.dla.mil/

W912EP-16-B-0010 00100-4 Amendment 0004

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph

(c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM

DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION

INFORMATION SYSTEM (ASSIST) (APR 2014)

(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

W912EP-16-B-0010 00100-5 Amendment 0004

(1) ASSIST (https://assist.dla.mil/online/start/);

(2) Quick Search (http://quicksearch.dla.mil/);

(3) ASSISTdocs.com (http://assistdocs.com).

(b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(1) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS (DEC 1989)

(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

(b) Bidders shall acknowledge receipt of any amendment to this solicitation (1) by signing and returning the amendment, (2) by identifying the amendment number and date in the space provided for this purpose on the form for submitting a bid, (3) by letter or telegram, or (4) by facsimile, if facsimile bids are authorized in the solicitation. The Government must receive the acknowledgment by the time and at the place specified for receipt of bids.

52.214-4 FALSE STATEMENTS IN BIDS (APR 1984)

Bidders must provide full, accurate, and complete information as required by this solicitation and its attachments. The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001.

52.214-5 SUBMISSION OF BIDS (MAR 1997)

(a) Bids and bid modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means) (1) addressed to the office specified in the solicitation, and (2) showing the time and date specified for receipt, the solicitation number, and the name and address of the bidder.

(b) Bidders using commercial carrier services shall ensure that the bid is addressed and marked on the outermost envelope or wrapper as prescribed in subparagraphs (a)(1) and (2) of this provision when delivered to the office specified in the solicitation.

(c) Telegraphic bids will not be considered unless authorized by the solicitation; however, bids may be https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm

W912EP-16-B-0010 00100-6 Amendment 0004 modified or withdrawn by written or telegraphic notice.

(d) Facsimile bids, modifications, or withdrawals, will not be considered unless authorized by the solicitation.

(e) Bids submitted by electronic commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation.

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)

Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all other prospective bidders as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective bidders.

52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS (NOV 1999)

(a) Bidders are responsible for submitting bids, and any modifications or withdrawals, so as to reach the Government office designated in the invitation for bids (IFB) by the time specified in the IFB. If no time is specified in the IFB, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that bids are due.

(b)(1) Any bid, modification, or withdrawal received at the Government office designated in the IFB after the exact time specified for receipt of bids is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late bid would not unduly delay the acquisition; and--

(i) If it was transmitted through an electronic commerce method authorized by the IFB, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of bids; or

(ii) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of bids and was under the Government's control prior to the time set for receipt of bids.

(2) However, a late modification of an otherwise successful bid that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(c) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the bid wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

W912EP-16-B-0010 00100-7 Amendment 0004

(d) If an emergency or unanticipated event interrupts normal Government processes so that bids cannot be received at the Government office designated for receipt of bids by the exact time specified in the IFB and urgent Government requirements preclude amendment of the IFB, the time specified for receipt of bids will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(e) Bids may be withdrawn by written notice received at any time before the exact time set for receipt of bids. If the IFB authorizes facsimile bids, bids may be withdrawn via facsimile received at any time before the exact time set for receipt of bids, subject to the conditions specified in the provision at 52.214- 31, Facsimile Bids. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for receipt of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid.

52.214-18 PREPARATION OF BIDS--CONSTRUCTION (APR 1984)

(a) Bids must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a bid must initial each erasure or change appearing on any bid form.

(b) The bid form may require bidders to submit bid prices for one or more items on various bases, including--

(1) Lump sum bidding;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of subparagraphs (1) through (3) above.

(c) If the solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding on all items is not required, bidders should insert the words "no bid" in the space provided for any item on which no price is submitted.

(d) Alternate bids will not be considered unless this solicitation authorizes their submission.

52.214-19 CONTRACT AWARD--SEALED BIDDING--CONSTRUCTION (AUG 1996)

(a) The Government will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government, considering only price and the price-related factors specified elsewhere in the solicitation.

(b) The Government may reject any or all bids, and waive informalities or minor irregularities in bids received.

W912EP-16-B-0010 00100-8 Amendment 0004

(c) The Government may accept any item or combination of items, unless doing so is precluded by a restrictive limitation in the solicitation or the bid.

(d) The Government may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Government even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.

(End of provison)

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

Offers submitted in response to this solicitation shall be in terms of U.S. dollars. Offers received in other than U.S. dollars shall be rejected.

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

W912EP-16-B-0010 00100-9 Amendment 0004

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK

(MAY 2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements,of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

Nassau County, FL. 21.8%

Camden County, GA.

22.2%

6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects.

The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, W912EP-16-B-0010 00100-10 Amendment 0004

Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Nassau County, Florida and Camden County, Georgia.

52.222-38 COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING REQUIREMENTS

(FEB 2016)

By submission of its offer, the offeror represents that, if it is subject to the reporting requirements of 38 U.S.C. 4212(d) (i.e., if it has any contract containing Federal Acquisition Regulation clause 52.222-37, Employment Reports on Veterans), it has filed the most recent VETS-4212 Report required by that clause.

52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT-- CONSTRUCTION MATERIALS

UNDER TRADE AGREEMENTS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American -- Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225- 11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute

W912EP-16-B-0010 00100-11 Amendment 0004 before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested-- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN

ACTIVITIES OR TRANSACTIONS RELATING TO IRAN--REPRESENTATION AND

CERTIFICATIONS. (OCT 2015)

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

Person--

(1) Means--

(i) A natural person;

(ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and

(iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and

W912EP-16-B-0010 00100-12 Amendment 0004

(2) Does not include a government or governmental entity that is not operating as a business enterprise.

Sensitive technology--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

(b) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with 25.703-4, by submission of its offer, the offeror—

(1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop certain weapons or technologies; and

(3) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf).

(d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification requirements of paragraphs (c)(2) and (c)(3) of this provision do not apply if—

(1) This solicitation includes a trade agreements notice or certification (e.g., 52.225-4, 52.225-6, 52.225- 12, 52.225-24, or comparable agency provision); and

(2) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

mailto:CISADA106@state.gov http://www.treasury.gov/ofac/downloads/t11sdn.pdf

W912EP-16-B-0010 00100-13 Amendment 0004

52.233-2 SERVICE OF PROTEST (SEP 2006) (CESAJ ADAPTATION)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the person identified in item 10 of the Standard Form 33 (if this solicitation is for non-commercial supplies or services), in item 9A of the Standard Form 1442 (if this solicitation is for construction or dredging), in item 7 of the Standard Form 1449 (if this solicitation is for commercial items), or in item 7 of the DA Form 4069-R (if this solicitation is for work funded by a non-appropriated funds instrumentality) at the address…