W912EP-17-B-0004_KBEC18_VOL1_Spec.pdf

W912EP-17-B-0004

Jacksonville District

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

Construction Solicitation and Specifications Volume 1 of 2

17 August 2017

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

W912EP-17-B-0004

2. TYPE OF SOLICITATION 3. DATE ISSUED

17 Aug 2017

PAGE OF PAGES

X SEALED BID (IFB)

NEGOTIATED(RFP)

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

7. ISSUED BY CODE W912EP 8. ADDRESS OFFER TO (If Other Than Item 7) CODE

USA ENGINEER DISTRICT, JACKSONVILLE

CONTRACTING DIVISION

701 SAN MARCO BLVD

JACKSONVILLE FL 32207-8175

TEL: FAX:

See Item 7

TEL: FAX:

9. FOR INFORMATION

CALL:

A. NAME

TIMOTHY G HUMPHREY

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

904-232-1072

SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS(Title, identifying no., date):

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

THIS SOLICITATION IS BEING POSTED PENDING AVAILABILITY OF FUNDS: SEE CLAUSE 52.232-18 IN SECTION 00700.

DESCRIPTION OF WORK: REFER TO SECTION 01 11 00 FOR COMPLETE PROJECT DESCRIPTION DRAWINGS: SEE DFARS

CLAUSE 252.236-7001, IN SECTION 00700.

MAGNITUDE OF CONSTRUCTION IS BETWEEN $10,000,000.00 - $25,000,000.00.

THIS IS AN UNRESTRICTED SOLICITATION. ALL RESPONSIBLE OFFERORS ARE ENCOURAGED TO PARTICIPATE. THE NAICS CODE IS 237990

AND THE SIZE STANDARD IS $27.5 MILLION.

***BLOCK 11 - SEE SECTION 00700, CLAUSE 52.211-10 FOR PERIOD OF PERFORMANCE

A SITE VISIT WILL BE HELD ON WEDNESDAY, 30 AUGUST 2017 AT 10:00AM. SEE FAR CLAUSE 52.236-27 IN SECTION 00100.

A PRE-PROPOSAL TELECONFERENCE HAS BEEN SCHEDULED FOR THURSDAY, 31 AUGUST 2017 FROM 10:00AM -

11:00AM. PLEASE CALL: 877-402-9753, ACCESS CODE: 6546236 SECURITY CODE: 2873

YOU MUST BE REGISTERED IN SAM IN ORDER TO RECEIVE AN AWARD FROM THIS SOLICITION. THE SAM WEBSITE IS LOCATED AT

WWW.SAM.GOV.

11. The Contractor shall begin performance within 45 calendar days and complete it within 192 (Alt A) or 170 (Alt B) calendar days after receiving award, X notice to proceed. This performance period is X mandatory, negotiable. (See ***Section 00700 .)

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12B. CALENDAR DAYS

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by 02:00 PM (hour) local time 04 Oct 2017 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes c ontaining offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA FAR (48 CFR) 53.236-1(e) http://www.sam.gov/

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

See Item 14

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN 20B. SIGNATURE 20C. OFFER DATE

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

SEE SCHEDULE

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

(4 copies unless otherwise specified) 10 U.S.C. 2304(c) 41 U.S.C. 253(c)

26. ADMINISTERED BY CODE K3M0E00 27. PAYMENT WILL BE MADE BY CODE 964145

NORTH FLORIDA AREA OFFICE

SUITE 201

4070 BOULEVARD CENTER DRIVE,

JACKSONVILLE, FL 32206-3474

PH: (904) 232-3086

USACE FINANCE CENTER

5722 INTEGRITY DRIVE

ATTN: CEFC-AO-P

MILLINGTON, TN 38054-5005

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this 29. AWARD (Contractor is not required to sign this document.)

document and return _ copies to issuing office.) Contractor agrees Your offer on this solicitation, is hereby accepted as to the items listed. This award con-to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by refer-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print) summates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE 30C. DATE 31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

NSN 7540-01-155-3212 00010-2 STANDARD FORM 1442 BACK (REV. 4-85)

W912EP-17-B-0004 00010A - 1

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 Fernandina ODMDS (D/A-O), Fernandina Nearshore (D/A-N), and North Beach (D/A-NB SOUTH from R-24.5 to R-33)

LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

BASE

0001 MOBILIZATION AND DEMOBILIZATION (SEE NOTE 10) 1 JOB $_____________

0002 EXCAVATION, UNCLASSIFIED 15,000 CUBIC YARD $___________ $_____________

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

ESTIMATED QUANTITY (SEE NOTE 3)

0003 EXCAVATION, UNCLASSIFIED 90,000 CUBIC YARD $___________ $_____________

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

(D/A-NB SOUTH DISPOSAL)

ESTIMATED QUANTITY (SEE NOTE 3)

0004 EXCAVATION, UNCLASSIFIED 100,000 CUBIC YARD $___________ $_____________

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

ESTIMATED QUANTITY (SEE NOTE 3)

0005, 0006 EXCAVATION, UNCLASSIFIED

& 0007 below CUT-1N STA 230+00 TO STA 360+00; (D/A-O DISPOSAL)

0005 UP TO 400,000 CUBIC YARDS, 400,000 CUBIC YARD $___________ $_____________

ESTIMATED QUANTITY (SEE NOTE 3)

0006 FROM 400,001 CUBIC YARDS TO 600,000 CUBIC YARDS, 200,000 CUBIC YARD $___________ $_____________

ESTIMATED QUANTITY (SEE NOTE 3)

0007 FROM 600,001 CUBIC YARDS TO 800,000 CUBIC YARDS, 200,000 CUBIC YARD $___________ $_____________

ESTIMATED QUANTITY (SEE NOTE 3)

0008 EXCAVATION, UNCLASSIFIED 275,000 CUBIC YARD $___________ $_____________

CUT-1N NORTH SETTLING BASIN, STA 119+00 TO STA 227+50;

RANGE 1250 TO RANGE 1330; (D/A-NB SOUTH DISPOSAL)

ESTIMATED QUANTITY (SEE NOTE 3)

0009 EXCAVATION, UNCLASSIFIED, 15,000 CUBIC YARD $___________ $_____________

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

(D/A-NB SOUTH DISPOSAL)

ESTIMATED QUANTITY (SEE NOTE 3)

0010 EXCAVATION, UNCLASSIFIED, 25,000 CUBIC YARD $___________ $_____________

RANGE B STA 12+005.31 TO STA 15+304.85

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

0011 EXCAVATION, UNCLASSIFIED, RANGE C STA 19+000 TO 90,000 CUBIC YARD $___________ $_____________

RANGE D STA 23+600 (D/A-NB SOUTH DISPOSAL)

ESTIMATED QUANTITY (SEE NOTE 3)

W912EP-17-B-0004 00010A - 2

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

0012 & 0013 EXCAVATION, UNCLASSIFIED RANGE D STA 24+700 TO

below RANGE E STA 31+800

0012 UP TO 45,000 CUBIC YARDS, (D/A-NB SOUTH DISPOSAL) 45,000 CUBIC YARD $___________ $_____________

ESTIMATED QUANTITY (SEE NOTE 3)

0013 FROM 45,001 CUBIC YARDS TO 60,000 CUBIC YARDS, 15,000 CUBIC YARD $___________ $_____________

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

0014 ENDANGERED SPECIES MONITORING (SEE NOTE 10) 1 JOB $_____________

0015 TURBIDITY MONITORING (SEE NOTE 10) 1 JOB $_____________

0016 MOBILIZATION AND DEMOBILIZATION FOR NON-CAPTURE 1 JOB $_____________

SEA TURTLE TRAWL SWEEPING (SEE NOTE 10)

0017 SEA TURTLE NON-CAPTURE TRAWL SWEEPING, 100 DAY $___________ $_____________

ESTIMATED QUANTITY (SEE NOTE 4)

0018 BEACH TILLING AT D/A-NB SOUTH DISPOSAL AREA, 26.0 ACRE $___________ $_____________

R-24.5 TO R-33, ESTIMATED QUANTITY (SEE NOTE 5)

0019 REMEDIATION OF NONCOMPLIANT MATERIAL 1 ACRE $___________ $_____________

ESTIMATED QUANTITY (SEE NOTE 6)

0020 SCREENING OF UNACCEPTABLE MATERIAL 500 CUBIC YARD $___________ $_____________

ESTIMATED QUANTITY (SEE NOTE 6)

0021 REMOVAL AND DISPOSAL OF UNACCEPTABLE MATERIAL 10 CUBIC YARD $___________ $_____________

ESTIMATED QUANTITY (SEE NOTE 6)

0022 CONSTRUCTION/VIBRATION CONTROLS AND MONITORING 1 JOB $_____________

AT D/A-NB SOUTH DISPOSAL AREA; R-24.5 TO R-33 (SEE

NOTE 10)

0023 STANDBY TIME (SEE NOTE 7) 72 HOUR $___________ $_____________

TOTAL BASE (ALTERNATIVE A) $_____________

LINE ITEMS 0001 THRU 0023 (SEE NOTE 8)

OPTION A

0024 BEACH TILLING AND ESCARPMENT REMOVAL AT FORT 3.0 ACRE $___________ $_____________

CLINCH (D/A-F) DISPOSAL AREA (BEACH ONLY, NOT

GROINS) ESTIMATED QUANTITY (SEE NOTE 5)

TOTAL OPTION A (ALTERNATIVE A) $_____________

LINE ITEM 0024 (SEE NOTE 9)

TOTAL (ALTERNATIVE A) $_____________

W912EP-17-B-0004 00010A - 3

LINE ITEMS 0001 THRU 0024 (SEE NOTE 8)

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

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) PLEASE REFER TO SECTION 01 22 00 FOR DEFINITION OF STANDBY TIME.

(8) THE GOVERNMENT INTENDS TO AWARD A SINGLE CONTRACT FROM THIS SOLICITATION FOR EITHER ALTERNATIVE A OR 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.

(9) THE GOVERNMENT RESERVES THE RIGHT TO EXERCISE OPTIONAL ITEMS ANYTIME PRIOR TO DEMOBILIZATION OF EQUIPMENT. SEE CLAUSE 52.217-7 (SECTION 00700). THE CONTRACTOR SHALL NOTIFY THE CONTRACTING OFFICER, IN WRITING, A MINIMUM OF 7 DAYS PRIOR TO THE ANTICIPATED DATE OF THE DEMOBILIZATION OF A

DREDGE PLANT.

(10) "JOB" LINE ITEMS ARE THE SAME AS "LUMP SUM" LINE ITEMS IN THE SPECIFICATIONS.

W912EP-17-B-0004 00010A - 1

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 B: Maintenance Dredging of Entrance Channel Project Cut-1N through Range-E and disposal at Fernandina ODMDS (D/A-O), Fernandina Nearshore (D/A-N), and North Beach (D/A-NB NORTH from R-15.5 to R-24.5)

LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

BASE

0001 MOBILIZATION AND DEMOBILIZATION (SEE NOTE 10) 1 JOB $_____________

0002 EXCAVATION, UNCLASSIFIED 15,000 CUBIC YARD $___________ $_____________

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

ESTIMATED QUANTITY (SEE NOTE 3)

0003 EXCAVATION, UNCLASSIFIED 90,000 CUBIC YARD $___________ $_____________

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

(D/A-NB NORTH DISPOSAL)

ESTIMATED QUANTITY (SEE NOTE 3)

0004 EXCAVATION, UNCLASSIFIED 100,000 CUBIC YARD $___________ $_____________

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

ESTIMATED QUANTITY (SEE NOTE 3)

0005, 0006 EXCAVATION, UNCLASSIFIED

& 0007 below CUT-1N STA 230+00 TO STA 360+00; (D/A-O DISPOSAL)

0005 UP TO 400,000 CUBIC YARDS, 400,000 CUBIC YARD $___________ $_____________

ESTIMATED QUANTITY (SEE NOTE 3)

0006 FROM 400,001 CUBIC YARDS TO 600,000 CUBIC YARDS, 200,000 CUBIC YARD $___________ $_____________

ESTIMATED QUANTITY (SEE NOTE 3)

0007 FROM 600,001 CUBIC YARDS TO 800,000 CUBIC YARDS, 200,000 CUBIC YARD $___________ $_____________

ESTIMATED QUANTITY (SEE NOTE 3)

0008 EXCAVATION, UNCLASSIFIED 150,000 CUBIC YARD $___________ $_____________

CUT-1N NORTH SETTLING BASIN, STA 119+00 TO STA 227+50;

RANGE 1250 TO RANGE 1300; (D/A-NB NORTH DISPOSAL)

ESTIMATED QUANTITY (SEE NOTE 3)

0009 EXCAVATION, UNCLASSIFIED, 15,000 CUBIC YARD $___________ $_____________

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

(D/A-NB NORTH DISPOSAL)

ESTIMATED QUANTITY (SEE NOTE 3)

0010 EXCAVATION, UNCLASSIFIED, 25,000 CUBIC YARD $___________ $_____________

RANGE B STA 12+005.31 TO STA 15+304.85

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

0011 EXCAVATION, UNCLASSIFIED, RANGE C STA 19+000 TO 90,000 CUBIC YARD $___________ $_____________

RANGE D STA 23+600 (D/A-NB NORTH DISPOSAL)

ESTIMATED QUANTITY (SEE NOTE 3)

W912EP-17-B-0004 00010A - 2

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

0012 & 0013 EXCAVATION, UNCLASSIFIED RANGE D STA 24+700 TO

below RANGE E STA 31+800

0012 UP TO 45,000 CUBIC YARDS, (D/A-NB NORTH DISPOSAL) 45,000 CUBIC YARD $___________ $_____________

ESTIMATED QUANTITY (SEE NOTE 3)

0013 FROM 45,001 CUBIC YARDS TO 60,000 CUBIC YARDS, 15,000 CUBIC YARD $___________ $_____________

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

0014 ENDANGERED SPECIES MONITORING (SEE NOTE 10) 1 JOB $_____________

0015 TURBIDITY MONITORING (SEE NOTE 10) 1 JOB $_____________

0016 MOBILIZATION AND DEMOBILIZATION FOR NON-CAPTURE 1 JOB $_____________

SEA TURTLE TRAWL SWEEPING (SEE NOTE 10)

0017 SEA TURTLE NON-CAPTURE TRAWL SWEEPING, 100 DAY $___________ $_____________

ESTIMATED QUANTITY (SEE NOTE 4)

0018 BEACH TILLING AT D/A-NB NORTH DISPOSAL AREA, 25.0 ACRE $___________ $_____________

R-15.5 TO R-24.5, ESTIMATED QUANTITY (SEE NOTE 5)

0019 REMEDIATION OF NONCOMPLIANT MATERIAL 1 ACRE $___________ $_____________

ESTIMATED QUANTITY (SEE NOTE 6)

0020 SCREENING OF UNACCEPTABLE MATERIAL 500 CUBIC YARD $___________ $_____________

ESTIMATED QUANTITY (SEE NOTE 6)

0021 REMOVAL AND DISPOSAL OF UNACCEPTABLE MATERIAL 10 CUBIC YARD $___________ $_____________

ESTIMATED QUANTITY (SEE NOTE 6)

0022 CONSTRUCTION/VIBRATION CONTROLS AND MONITORING 1 JOB $_____________

AT D/A-NB NORTH DISPOSAL AREA; R-15.5 TO R-24.5 (SEE

NOTE 10)

0023 STANDBY TIME (SEE NOTE 7) 72 HOUR $___________ $_____________

TOTAL BASE (ALTERNATIVE B) $_____________

LINE ITEMS 0001 THRU 0023 (SEE NOTE 8)

OPTION A

0024 BEACH TILLING AND ESCARPMENT REMOVAL AT FORT 3.0 ACRE $___________ $_____________

CLINCH (D/A-F) DISPOSAL AREA (BEACH ONLY, NOT

GROINS) ESTIMATED QUANTITY (SEE NOTE 5)

TOTAL OPTION A (ALTERNATIVE B) $_____________

LINE ITEM 0024 (SEE NOTE 9)

TOTAL (ALTERNATIVE B) $_____________

W912EP-17-B-0004 00010A - 3

LINE ITEMS 0001 THRU 0024 (SEE NOTE 8)

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

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) PLEASE REFER TO SECTION 01 22 00 FOR DEFINITION OF STANDBY TIME.

(8) THE GOVERNMENT INTENDS TO AWARD A SINGLE CONTRACT FROM THIS SOLICITATION FOR EITHER ALTERNATIVE A OR 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.

(9) THE GOVERNMENT RESERVES THE RIGHT TO EXERCISE OPTIONAL ITEMS ANYTIME PRIOR TO DEMOBILIZATION OF EQUIPMENT. SEE CLAUSE 52.217-7 (SECTION 00700). THE CONTRACTOR SHALL NOTIFY THE CONTRACTING OFFICER, IN WRITING, A MINIMUM OF 7 DAYS PRIOR TO THE ANTICIPATED DATE OF THE DEMOBILIZATION OF A

DREDGE PLANT.

(10) "JOB" LINE ITEMS ARE THE SAME AS "LUMP SUM" LINE ITEMS IN THE SPECIFICATIONS.

00010A‐A1

SECTION 00010A, Attachment A

INSTRUCTIONS FOR TECHNICAL INQUIRIES AND QUESTIONS

Technical inquiries and questions relating to this solicitation are to be submitted via Bidder Inquiry in

ProjNet at (https://www.projnet.org) No Later Than (NLT) 22 SEPTEMBER 2017@ (4:00 pm). To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access. A prospective vendor who submits a comment /question will receive an acknowledgement of their comment/question via email, followed by an answer to the comment/question after it has been processed by our technical team.

All timely questions and approved answers will be made available through ProjNet. Approved answers to all timely questions will also be posted on the FedBizOps in the form of a report generated from

ProjNet as soon as the comment/question entering period is over and all answers are all finalized.

The Solicitation Number is: W912EP‐17‐B‐0004

The Bidder Inquiry Key is: AGQA7V‐S5WGVP

Specific Instructions for ProjNet Bid Inquiry Access from ProjNet home page:

1. Identify the Agency. This should be marked as USACE.

2. Email. Enter the email address you would like to use for communication.

3. Key. Enter the Bidder Inquiry Key listed above.

4. Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

5. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret

Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

6. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

Specific Instructions for Future ProjNet Bid Inquiry Access from ProjNet home page:

1. For future access to ProjNet, you will not be emailed any type of password. You will utilize your Secret Question and Secret Answer to log in.

2. Identify the Agency. This should be marked as USACE.

3. Email. Enter the email address you used to register previously in ProjNet.

4. Key. Enter the Bidder Inquiry Key listed above.

5. Click Continue. A page will then open asking you to enter the answer to your Secret Question.

6. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

W912EP-17-B-0004 00100-i

SECTION 00100 - INSTRUCTIONS TO OFFERORS

52.204-7 System for Award Management OCT 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 2016

52.214-4 False Statements In Bids APR 1984

52.214-5 Submission Of Bids DEC 2016

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

52.222-59 Compliance with Labor Laws (Executive Order 13673)

DEC 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

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.225-7031 Secondary Arab Boycott Of Israel JUN 2005

W912EP-17-B-0004 00100-ii

999.204-1 HAND-DELIVERING OFFERS TO THE

PRUDENTIAL OFFICE BUILDING IN

JACKSONVILLE

MAY 2004

999.204-2 PUBLIC ATTENDANCE AT PUBLIC BID

OPENINGS

FEB 2010

999.204-4003 DISTRIBUTING SOLICITATION

AMENDMENTS VIA FEDBIZOPPS.GOV

AUG 2016

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

W912EP-17-B-0004 00100-1

SECTION 00100 - INSTRUCTIONS TO OFFERORS

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

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

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

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

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial 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''.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(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 ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM database.

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(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

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

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) 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)

52.211-2 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:

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

https://www.acquisition.gov/ https://assist.dla.mil/online/start/

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(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.

(End of provision)

52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS (DEC 2016)

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

(b) (1) Bidders shall acknowledge receipt of any amendment to this solicitation--

(i) By signing and returning the amendment;

(ii) By identifying the amendment number and date in space provided for this purpose on the form for submitting a bid;

(iii) By letter;

(iv) By facsimile, if facsimile bids are authorized in the solicitation; or

(v) By email, if email bids are authorized in the solicitation.

(2) The Government must receive the acknowledgement 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 http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm

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its attachments. The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001.

52.214-5 SUBMISSION OF BIDS (DEC 2016)

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

(d) 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.

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(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.

(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;

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(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.

(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.

W912EP-17-B-0004 00100-7

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).

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.

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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, 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;

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(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.

52.222-59 COMPLIANCE WITH LABOR LAWS (EXECUTIVE ORDER 13673) (DEC 2016)

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

Administrative merits determination means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

Agency labor compliance advisor (ALCA) means the senior official designated in accordance with E.O. 13673. ALCAs are listed at www.dol.gov/fairpayandsafeworkplaces.

Arbitral award or decision means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award ordecision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

http://www.dol.gov/fairpayandsafeworkplaces

W912EP-17-B-0004 00100-10

Civil judgment means any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

DOL Guidance means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

Enforcement agency means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

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(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

Labor compliance agreement means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

Labor laws means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

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(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html.)

Labor law decision means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.

Pervasive violations in the context of E.O. 13673, Fair Pay and Safe Workplaces, means labor law violations that bear on the assessment of a contractor's integrity and business ethics because they reflect a basic disregard by the contractor for the labor laws, as demonstrated by a pattern of serious and/or willful violations, continuing violations, or numerous violations. To determine whether violations are pervasive it is necessary to consult the DOL Guidance section III.A.4. and associated Appendix D.

Repeated violation in the context of E.O. 13673, Fair Pay and Safe Workplaces, means a labor law violation that bears on the assessment of a contractor's integrity and business ethics because the contractor had one or more additional labor law violations of the same or a substantially similar requirement within the prior 3 years. To determine whether a particular violation(s) is repeated it is necessary to consult the DOL Guidance section III.A.2. and associated Appendix B.

Serious violation in the context of E.O. 13673, Fair Pay and Safe Workplaces, means a labor law violation that bears on the assessment of a contractor's integrity and business ethics because of the number of employees affected; the degree of risk imposed, or actual harm done by the violation; the amount of damages incurred or fines or penalties assessed; and/or other similar criteria. To determine whether a particular violation(s) is serious it is necessary to consult the DOL Guidance section III.A.1. and associated Appendix A.

Willful violation in the context of E.O. 13673, Fair Pay and Safe Workplaces, means a labor law violation that bears on the assessment of a contractor's integrity and business ethics because the contractor acted with knowledge of, reckless disregard for, or plain indifference to the matter of whether its conduct was prohibited by one or more requirements of labor laws. To determine whether a particular violation(s) is willful it is necessary to consult the DOL Guidance section III.A.3. and associated Appendix C.

(b) Prime contractor updates. Contractors are required to disclose new labor law decisions and/or updates to previously disclosed labor law decisions in SAM at www.sam.gov, semiannually. The Contractor has http://www.osha.gov/dcsp/osp/approved_state_plans.html

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flexibility in establishing the date for the semiannualupdate. (The contractor may use the six-month anniversary date of contract award, or may choose a different date before that six-month anniversary date. In either case, the contractor must continue to update its disclosures semiannually.) Registrations in SAM are required to be maintained current, accurate, and complete (see 52.204-13, System for Award Management Maintenance). If the SAM registration date is less than six months old, this will be evidence that the required representation and disclosure information is updated and the requirement is met. The Contractor shall provide--

(1) The following in SAM for each disclosed labor law decision. This information will be publicly available in the Federal Awardee Performance and Integrity Information System

(FAPIIS):

(i) The labor law violated.

(ii) The case number, inspection number, charge number, docket number, or other unique identification number.

(iii) The date rendered.

(iv) The name of the court, arbitrator(s), agency, board, or commission that rendered the determination or decision;

(2) The…