Amendment 0002 SPP North Reach Segment Brevard 20B0009.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

27-Aug-2020

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO.(If applicable)

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

USA ENGINEER DISTRICT, JACKSONVILLE

CONTRACTING DIVISION

701 SAN MARCO BLVD

JACKSONVILLE FL 32207-8175

See Item 6

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X 9A. AMENDMENT OF SOLICITATION NO.

W912EP20B0009

X 9B. DATED (SEE ITEM 11)

03-Aug-2020

10A. MOD. OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing Items 8 and 15, and returning 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.)

Shore Protection Project (SPP) North Reach Segment, Renourishment 2021, Brevard County, Florida

This Amendment is issued to: DELETE in Section 00800A Wage Rates FL20200001 and FL20200106 and REPLACE with

Wage Rates FL20200001 and FL20200106 (both revised date of 8/14/20); Update The Option Clause 52.217-6 - Option For

Increased Quantity; and DELETE Section 00800 in it’s entirety and REPLACE with Section 00800 in its entirety .

Please See Summary Of Changes for complete details.

Receipt of bids remain unchanged 04 September 2020 @ 2:00 PM Eastern Standard Time.

All other conditions remain the same.

15A. NAME AND TITLE OF SIGNER (Type or print) Except as provided herein, all terms and conditions of the document referenced in Item 9A

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) or 10A, as heretofore changed, remains unchanged and in full force and

TEL: EMAIL:

1ef5feBct.. CONT RACT OR/OFFEROR

(Signature of person authorized to sign)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

BY

(Signature of Contracting Officer)

16C. DATE SIGNED

EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

30-105-04 STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

SF 30 CONTINUATION SHEET

Shore Protection Project (SPP) North Reach Segment, Renourishment 2021, Brevard County, Florida

W912EP20B0009 1 AMENDMENT 0002

SUMMARY OF CHANGES

1. SPECIFICATIONS:

The text changes have been updated with additions noted by asterisks (***) and line/cross-outs and pertain only to changes made by this revision. 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.

New sections are added without underlines and cross-outs.

Changes to Specifications:

Volume 1 of 2 – Contract Clauses:

DELETE FAR CLAUSE 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

DELETE FAR CLAUSE 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

DELETE FAR CLAUSE 52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM(MAR 1989)and REPLACE FAR CLAUSE 52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE

ITEM (MAR 1989)

DELETE Section 00800 in its entirety and REPLACE with Section 00800 in its entirety

DELETE in Section 00800A - General Decision Number FL20200001 Dated 07/03/2020 and REPLACE with General Decision Number FL20200001 Dated 08/14/2020

DELETE in Section 00800A - General Decision Number FL20200106 Dated 01/03/2020 and REPLACE with General Decision Number FL20200106 Dated 08/14/2020

Volume 2 of 2 – Technical Specifications:

N/A

2. DRAWINGS:

N/A

(End of Summary of Changes)

W912EP20B0009 SECTION 00700-1 AMENDMENT 0002

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor as follows:

Option A will be exercised by not later than 01 February 2021 .

Option B will be exercised by not later than 01 February 2021.

Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

SECTION 00800 - SPECIAL REQUIREMENTS

5152.231-9000 EQUIPMENT OWNERSHIP AND OPERATING

EXPENSE SCHEDULE (MAR 1995)

MAY 1999

52.223-3 HAZARDOUS MATERIAL IDENTIFICA-TION

AND MATERIAL SAFETY DATA

JAN 1997

-UNAUTHORIZED INSTRUCTIONS

FROM GOVERNMENT OR OTHER

PERSONNEL

DEC 1999

-ELECTRONIC BIDS

-ESTABLISHING AUTHORITY OF PERSON(S)

WHO SIGN(S) THE BID

DEC 1999

-DISTRIBUTING SOLICITATION

AMENDMENTS VIA BETA.SAM.GOV

AUG 2016

-OBTAINING INFORMATION REGARDING

THIS SOLICITATION

-BIDDERS CHECKLIST—CONSTRUCTION/

DREDGING CONTRACTS

-NOTIFICATION TO UNSUCCESSFUL

BIDDERS

-RETAINAGE FOR FAILURE TO COMPLY

WIT SUBCONTRACTING PLAN REPORTING

REQUIREMENTS

-SUBCONTRACTING PLAN TARGET GOALS

-SOURCES FOR ASSISTANCE IN LOCATING

SMALL BUSINESS CONTRACTORS

-U.S. ARMY CORPS OF ENGONEERS

SAFETY AND HEALTH REQUIREMENTS

MANUAL, EM 385-1-1

DEC 1999

-CONSTRUCTION

CONTRACTOR

PERFORMANCE

EVALUATIONS

FEB 2009

-NOTICE TO MARINERS --

CONSTRUCTION CONTRACTS

DEC 1999

-CONTRACTORS USE OF

ELECTRONIC SOFTWARE FOR

PROCESSING DAVIS- BACON ACT

CERTIFIED LABOR

PAYROLLS (APRIL 2011)

-ENGLISH SPEAKING REPRESENTATIVE

-DFARS 203-70 – CONTRACTOR STANDARDS

OF CONDUCT

SEP 2011

W912EP20B0009 00800-i Amendment 0002

W912EP20B0009 SECTION 00800-1 AMENDMENT 0002

Section 00800 - SPECIAL REQUIREMENTS

CLAUSES INCORPORATED BY FULL TEXT

5152.231-9000 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (MAR

2013)

(a) This special contract requirement does not apply to terminations. See 52.249-5000, Basis for Termination Settlement Proposals, and FAR Part 49.

(b) Allowable cost for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a contractor or subcontractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial and series for which the Government can determine both ownership and operating costs from the contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the contractor's accounting records, costs for that equipment shall be based upon the applicable provisions of EP 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule, Region III. Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the contracting officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations shall apply. For retroactive pricing, the schedule in effect at the time the work was performed shall apply.

(c) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR31.205-

36. Rates for equipment rented from an organization under common control, lease-purchase arrangements, and sale-leaseback arrangements, will be determined using the schedule, except that actual rates will be used for equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees.

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

(End of special contract requirement)

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)

(a) "Hazardous material", as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract (see Note 1 below). The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material Identification No.

(If none, insert "None") (See Note 2 below)

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, W912EP20B0009 SECTION 00800-2 AMENDMENT 0002 for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items.

Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to--

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

(End of clause)

Notes:

1. The phrase “to be delivered under this contract” shall be interpreted to include hazardous materials to be consumed in the performance of the work even though such materials may not be delivered to the Government as end items.

2. The use (or consumption) of some kind of hazardous material is required for the performance of almost every construction (including dredging) contract and in many service contracts. Therefore, the offeror should not enter “none” without first evaluating the work and making a positive determination that no such materials will be introduced to the job site. If the offeror is not sure of the identity of hazardous materials that may be used during the performance of the work, the offeror should enter “unknown at this time.” Regardless of the offeror’s entry, the successful offeror (the Contractor) will be required to submit material safety data sheets prior to introducing any hazardous materials to the job site.

(End of notes)

UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT OR OTHER PERSONNEL

The Contractor shall not accept any instructions issued by any person, employed by the Government or otherwise, other than the Contracting Officer or the Contracting Officer's Representative (COR) acting within the limits of the COR’s authority. See the Contracting Officer's Representative clause of this contract.

(End of paragraph)

W912EP20B0009 SECTION 00800-3 AMENDMENT 0002

***ELECTRONIC BIDS

(a) Definition.

Electronic bid, as used in this provision, means a bid, revision or modification of a bid, or withdrawal of a bid that is transmitted to and received by the Government via email or other means for transmitting electronic data. No flash drives will be accepted.

(b) Bidders must submit electronic bids in responses to this solicitation in order to be considered for award.

Electronic bids are subject to the same rules as paper bids. In addition to the electronic version, bidders must also submit the bid bond in hard copy in a sealed envelope to Contracting Division, Attn: Claurice Dingle, 701 San Marco Blvd., Jacksonville, FL 32207 within 2 working days of the scheduled bid opening.

(c) If any portion of bid received by the Contracting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document -

(1) The Contracting Officer shall immediately notify the bidder and permit the bidder to resubmit the bid if the bid has been received prior to due date indicated in the solicitation;

(2) The method and time for resubmission shall by prescribed by the Contracting Officer after consultation with the bidder.

(d) The Government reserves the right to make award solely on the electronic bid. However, if requested to do so by the Contracting Officer, the apparently successful bidder shall submit the complete original signed bid.

(e) The Bidder’s bid shall be submitted electronically, as described below. The use of hyperlinks in the bid is prohibited. The bidder’s bid is due no later than 2:00 PM, local time on 04 September 2020.

NOTE: The only authorized transmission method of bids in response to the subject solicitation is electronically via SAFE online submission. No other transmission methods (Email, Facsimile, Regular mail, Hand carried, etc.) will be accepted.

The Bidder’s bid must be received by the Government no later than the date/time specified in the solicitation and cited above. Bidders shall submit their bid using the following link: h ttps://safe.apps.mil/

Please submit bids utilizing the link above to Contract Specialist, Dewayne Sparks at D ewayne.A.Sparks@usace.army.mil and to Contracting Officer, Claurice Dingle at Claurice.M.Dingle@usace.army.mil

Instructions for submitting electronic bids:

In an effort to reduce paperwork and cost, all bids shall be submitted electronically through the SAFE site. You are limited to five (5) maximum files per upload (total size cannot exceed 2GB). If you have a large number of files, it is recommended that you combine or ZIP your files before uploading to the SAFE site. Bidders may use compression utility software such as WinZip or PKZip to reduce file size and facilitate transmission.

Request for upload code:

Bidders must email Contract Specialist, Dewayne Sparks at Dewayne.A.Sparks@usace.army.mil and to Contracting Officer, Claurice Dingle at Claurice.M.Dingle@usace.army.mil no later than three

(3) working days prior to the bid response date to receive a request code which will allow for file uploads via the SAFE site. Bidders that fail to email for request a code three (3) working days before bid submission date may not be able to receive a request code in time to upload their submission.

File Description:

To ensure your submission is received and processed appropriately, it is important that interested parties CAREFULLY ensure their electronic files adhere to the following naming convention. Each file name shall begin with the solicitation number, followed by the word “RESPONSE”, followed by your firm’s name and finally a brief file description.

mailto:ewayne.A.Sparks@usace.army.mil mailto:Claurice.M.Dingle@usace.army.mil mailto:Dewayne.A.Sparks@usace.army.mil mailto:Claurice.M.Dingle@usace.army.mil

W912EP20B0009 SECTION 00800-4 AMENDMENT 0002

EXAMPLES:

(1) “W912EP20B0023 RESPONSE Firm name Volume I.pdf”

(2) “W912EP20B0023 RESPONSE Firm name Volume II.pdf”

File Organization, Formatting and other instructions. Although hard copies are not accepted, each file shall be clearly indexed, and logically assembled. Font size shall be 10 or larger.

Pages shall be letter sized--larger page sizes (such as 11x17 foldouts, etc.) will be counted as two pages. Bidders shall prepare bids in the English language. Bids shall be in a narrative format, organized and titled so that each section of the bid follows the order and format of the factors. Information presented should be organized so as to pertain to only the evaluation factor in the section that the information is presented. Information pertaining to more than one evaluation factor should be repeated in each section for each factor.

Include a “File Description” for each file(s) you upload. The “File Description” will be included in the email notice to each of the recipients you choose to have access your file(s). NOTE: Do NOT enter Privacy Act Data (Personal Identification Information (PII)) in the File Description.)

Upload Completion & Deadline:

Interested parties shall submit responses no later than the date cited above. The time & date of bid receipt will be the upload completion / delivery time & date recorded within Safe. Bidders should time their upload effort with prudence by not waiting until the last few minutes—this will allow for unexpected delays in the transmittal process. Submissions after the deadline may be emailed to Contract Specialist Timothy Humphrey (Timothy.G.Humphrey@usace.army.mil) but be advised, they will be considered late and as such, will be processed in accordance with FAR 15.208.

Submission shall be in Adobe PDF format.

Instructions to follow on the SAFE Website:

1. Once at the SAFE website, select the “Drop-off” icon. This allows users without a CAC or users whose computer is not configured to read a CAC the option to access the SAFE site as a guest.

2. After selecting the “Click Here” link you will be prompted to add your personal information, file information, recipient (Government representative) information and email settings.

3. When completing your file information for transmittal via the SAFE website, you will be required to enter the email address for all recipients for this solicitation, the recipients are the Contract Specialist and the Contracting Officer. The Contract Specialist for this solicitation is Dewayne Sparks:

Dewayne.A.Sparks@usace.army.mil and the Contracting Officer is Claurice Dingle:

Claurice.M.Dingle@usace.army.mil. The E-Mail address of the Government Employee who initiated the request code will be automatically entered. The Bidder must enter the E-Mail address for both the Contracting Officer and Specialist. The Bidder can enter an additional E-Mail address if desired. After entering the email address, click the ADD button to add the person(s) email to the “Recipients List” of your response. When your bid is submitted, a notification will be sent to the recipients you added.

NOTE: Do NOT send the SAFE site packages to group email accounts.

Even if you successfully upload your bid to the SAFE site, notification will not be sent to the government recipients until you verify your email address. Entering an incorrect email may result in the rejection of your submission for lateness. A Bidder can confirm proper submission by the ‘Drop-Off Completed” screen which generates based on proper file submission.

NOTE: It has been reported that documents may more quickly upload into the SAFE website when using the Firefox web browser. The Government cannot verify that this is true and offers no guarantee that Bidders will have more success utilizing any particular browser.

Receipt of Submission:

For the purposes of establishing whether a bid submission is considered timely, the Government considers the date and time the submission is completely uploaded into the SAFE website. For bids larger than the 2GB capacity of mailto:Dewayne.A.Sparks@usace.army.mil mailto:Dewayne.A.Sparks@usace.army.mil mailto:Claurice.M.Dingle@usace.army.mil

W912EP20B0009 SECTION 00800-5 AMENDMENT 0002

the SAFE website and require multiple submissions, the Government will consider the date and time the last submission is completely uploaded into the SAFE website. Do not assume that electronic communication is instantaneous. It can take several minutes or even hours in some cases.

The Government will not be responsible for submissions delivered to any location or to anyone other than those designated to receive bids. Bidders are responsible for ensuring that bids are submitted so as to reach the designated recipient. Bidders are responsible for allowing sufficient time for the bid to be received in accordance with the instructions provided.***

ESTABLISHING AUTHORITY OF PERSONS(S) WHO SIGN(S) THE BID

The Offeror shall check the paragraph below that corresponds with the Offeror’s status and shall submit appropriate documentation with the offer to confirm authority of person(s) who sign the offer.

(a) Individual. A contract with an individual shall be signed by that individual. A contract with an individual doing business as a firm shall be signed by that individual, and the signature shall be followed by the individual’s typed, stamped, or printed name and the words, “an individual doing business as

” [insert name of firm].

(b) Partnership. A contract with a partnership shall be signed in the partnership name. Before signing for the

Government, the contracting officer shall obtain a list of all partners and ensure that the individual(s) signing for the partnership have authority to bind the partnership.

(c) Corporation. A contract with a corporation shall be signed in the corporate name, followed by the word “by” and the signature and title of the person authorized to sign. The contracting officer shall ensure that the person signing for the corporation has authority to bind the corporation.

(d) Joint venture. A contract with a joint venture may involve any combination of individuals, partnerships, or corporations. The contract shall be signed by each participant in the joint venture in the manner prescribed in paragraphs (a) through (c) above for each type of participant. When a corporation is participating, the contracting officer shall verify that the corporation is authorized to participate in the joint venture.

(e) Agent. When an agent is to sign the contract, other than as stated in paragraphs (a) through (d) above, the agent’s authorization to bind the principal must be established by evidence satisfactory to the contracting officer.

(End of Note)

DISTRIBUTING SOLICITATION AMENDMENTS BETASAM.GOV

Solicitation amendments will be distributed using the beta.SAM.gov system at https://betaSAM.gov.

In order to receive notification of any amendments to this solicitation, interested vendors must REGISTER TO RECEIVE NOTIFICATION on the beta.SAM.gov website at https://betaSAM.gov. If you are not registered, the Government is not responsible with providing you with notification of any changes to this solicitation.

In addition, in order to generate a Plan Holders List, all interested bidders must also REGISTER AS INTERESTED VENDOR which is also located on thebeta.SAM.gov website at https://betaSAM.gov

(End of provision)

STANDARD OF RESPONSIBILITY FOR DREDGING CONTRACTOR

After bid opening, in addition to other information the Contracting Officer may require, the apparent low bidder shall provide a listing of all current contracts and a listing of all U.S. Army Corps of Engineers contracts completed within the past two years. For each of these contracts the bidder shall provide: the plant involved; responsible individual’s name (project manager); QC and safety professional’s names; and accident rates, descriptions, and causes. The bidder shall describe corrective actions taken in response to previous accidents and shall address the specific actions planned for this project to preclude similar accidents.

(End of paragraph) https://betasam.gov/ http://betasam.gov/ http://betasam.gov/

W912EP20B0009 SECTION 00800-6 AMENDMENT 0002

OBTAINING INFORMATION REGARDING THIS SOLICITATION

Read this paragraph in conjunction with FAR 52.214-6, Explanation To Prospective Bidders, which is located in this Section 00100. Verbal requests for information must be directed to the person whose name appears in item 9 of the SF 1442. Collect calls cannot be accepted. Written requests for explanations must be sent to the person identified in item 9 of the SF 1442 and may be sent via facsimile to 904-232-2748. Inquiries and requests that are directed to any other person may not be relayed to the proper person and, therefore, may not be answered.

(End of paragraph)

BIDDER'S CHECKLIST -- CONSTRUCTION/DREDGING CONTRACTS

The following list should be used by bidders to avoid irregularities that have occurred in past bids.

1. Have amendments to the Invitation been acknowledged on the bid form in the spaces provided? If not, acknowledgment must be made by separate letter or telegram prior to opening of bids.

2. Have prices been inserted for all bid items of the Bidding Schedule?

3. Do prices inserted include subcontractors' and suppliers' quotations, indirect costs, and profit?

4. Does the total bid amount include the costs of obtaining performance and payment bonds?

5. Have all prices and computations been checked?

6. Is the bid submitted on the latest bid schedule?

7. Have changes been made to the Bidding Schedule if required by amendment?

8. Are decimal points in the bid prices in the proper places?

9. Have you checked for transposition of figures in prices inserted on the Bidding Schedule?

10. Is the bid form signed, and if so, is the bid form signed by a person legally authorized to bind the bidder? Is the bidder's address included?

11. If the bid is signed by an agent, is legal evidence of agent's authority to sign included with the bid?

12. If a bid guarantee is required, does your bid guarantee comply with the Bid Guarantee clause of the solicitation?

If the bid guarantee is in the form of a bid bond is it on Standard Form 24? If your bid guarantee does not firmly bind you (and your sureties, if applicable) to the United States of America, YOUR BID WILL BE CONSIDERED

NONRESPONSIVE.

13. If the bid guarantee is in the form of a bid bond, is it completely and properly executed, dated not later than the bid opening date, signed by Principal and Surety, corporate certificates executed, and seals affixed, all as contained in "Instructions" on Standard Form 24? Power of Attorney is also required to accompany the bond. Is the penal sum marked in? If an individual surety (or sureties) is (are) guaranteeing the bid bond, have the requirements of the Pledges Of Assets clause of this solicitation been satisfied and are the supporting documents included with the bond?

14. Have the appropriate boxes been checked in all paragraphs of the Representations And Certifications (Section 00101)?

15. Have all representations and certifications been submitted with the bid?

16. If required by the Invitation, is literature, data, catalogs, etc., specified by the Invitation included with the bid?

17. Have requirements of the Late Submissions, Modifications And Withdrawals Of Bids provision of this solicitation been met?

CAUTION: BIDS THAT ARE QUALIFIED BY THE BIDDER MAY BE CONSIDERED NONRESPONSIVE

NOTIFICATION TO UNSUCCESSFUL BIDDERS

In accordance with FAR 14.409-1, unsuccessful bidders will be notified, in writing or electronically within 3 days of contract award, that their bid was not accepted. Award synopsis as well as the Bid Abstract will be posted to the Federal Business Opportunities website at w ww.fbo.gov. If a bid is rejected for any reason other than price, the unsuccessful bidder will receive written notification stating the reason for rejection of the bid.

(End of paragraph)

RETAINAGE FOR FAILURE TO COMPLY WITH SUBCONTRACTING PLAN REPORTING REQUIREMENTS

(a) Read this paragraph in conjunction with Liquidated Damages--Small Business Subcontracting Plan (FAR 52.219-

16) clause of this contract.

W912EP20B0009 SECTION 00800-7 AMENDMENT 0002

(b) Should the Contractor fail to submit Individual Subcontract Reports (ISR) and/or Summary Subcontract Reports in a timely manner, the Government will consider this failure as evidence of possible failure to make a good faith effort to achieve goals contained in the Contractor's small business subcontracting plan. In order to protect the Government's ability to assess liquidated damages in the event the Contractor does fail to meet the goals and such failure results from a lack of good faith effort, the Contracting Officer will retain from progress payments an amount deemed sufficient to satisfy the Contractor's liability. The amount of the retainage will be determined in accordance with the following formula:

Total dollar amount proposed for subcontracting to small business multiplied by the percentage of actual progress on the contract, up to a maximum of 10% of the progress payment, will be withheld from the next progress payment that is due after the Contractor's failure to submit a required report. If one or more reports have been submitted before a failure to submit a required report, this formula will be adjusted by deducting any amounts reported as subcontracted to small business from the total dollar amount proposed to be subcontracted. See examples below.

Example 1 (No previous reports submitted) Total proposed subcontracting $500,000 Current progress payment $100,000 Percent of work completed x .10 Maximum retainage percentage x .10 Retainage $50,000 Retainage $10,000

Maximum that can be retained is $10,000

Example 2 (Previous reports submitted) Total proposed subcontracting $500,000 Current progress payment $100,000 Subcontracting previously reported($100,000) Maximum retainage percentage x .10 Percent of work completed x .10 Retainage $10,000 Retainage $40,000

Maximum that can be retained is $10,000

(End of paragraph)

SUBCONTRACTING PLAN TARGET GOALS

The offeror's attention is directed to the Small Business Subcontracting Plan (52.219-9) clause of this solicitation. The clause and this paragraph do not apply to small business concerns.

(a) The offeror shall submit a subcontracting plan to the Contracting Officer for review and approval prior to contract award. The subcontracting plan may be submitted with the offer or after the date set for receipt of offers based on the specific Alternate used. If the plan is not submitted with the offer, the Contracting Officer will request the plan and specify the due date. Subcontracting plans will be evaluated in accordance with the Army Federal Acquisition Regulations Supplement (AFARS) Appendix DD Subcontracting Plan Evaluation Guide October 1, 2014. The guide is available at http://farsite.hill.af.mil/VFAFARa.HTM . Acceptability of the plan will be one of the elements considered by the Contracting Officer when determining contractor responsibility prior to award of a contract.

(b) The following Subcontracting Target Goals are provided for INFORMATIONAL PURPOSES ONLY. They are not legally binding. Contractors should propose subcontracting goals that are meaningful and realistic with positive percentage goals for the specific procurement.

SOURCES FOR ASSISTANCE IN LOCATING SMALL BUSINESS SUBCONTRACTORS

(a) The Offeror's attention is directed to the Utilization of Small Business Concerns clause of this solicitation.

Assistance in identifying small, small disadvantaged and women-owned small business concerns may be obtained as follows:

(1) Internet Web Site Sources for searches throughout the U.S., Puerto Rico and the USVI:

(A) Small Business Administration PRO-Net Database h ttp://www.sba.gov

(B) Procurement Technical Assistance Center (PTAC) h ttp://www.dla.mil/ddas

(C) Veterans Business Outreach Center 800-542-7232 w ww.vboc.org

(D) Dynamic Small Business Database h ttp://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm http://www.sba.gov/ http://www.dla.mil/ddas

W912EP20B0009 SECTION 00800-8 AMENDMENT 0002

(2) Sources of information within Florida:

(A) Florida Atlantic University PTAC, Ft. Lauderdale 954-771-6520

(B) University of South Florida PTAC, Tampa 813-974-4371

(C) Chamber of Commerce PTAC, Jacksonville 904-928-1100

(D) University of West Florida PTAC, Pensacola 850-474-2919

(E) Florida A&M University PTAC, Tallahassee 850-599-3407

(F) Latin Builders Association, Miami-Dade Area 954-704-0345

(G) Broward County Minority Bldrs Coalition 305-792-1121

(3) Sources of information within the U.S. Virgin Islands:

Dept of Public Works, DBE Coordinator, St. Thomas 340-773-1290

(4) Sources of information within Puerto Rico:

(A) Puerto Rico General Contractors Association, San Juan 787-781-2200

(B) San Juan PTAC 787-753-6861

(End of Paragraph)

U.S. ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL, EM 385-1-1

This paragraph applies to contracts and purchase orders that require the contractor to comply with EM 385-1-1 (e.g., contracts that include the Accident Prevention clause at FAR 52.236-13 and/or other safety provisions). EM 385-1-1 and its changes are available at http://www.usace.army.mil/ceso/pages/home.aspx. The Contractor shall be responsible for complying with the current edition and all changes posted on the web as of the date the solicitation for this contract/purchase order was issued.

(End of paragraph)

CONSTRUCTION CONTRACTOR PERFORMANCE EVALUATIONS

In accordance with the provisions of Subpart 36.201 (Evaluation of Contractor Performance) of the Federal Acquisition Regulation (FAR), construction contractors’ performance shall be evaluated throughout the performance of the contract. The United States Army Corps of Engineers (USACE) follows the procedures outlined in Engineering and Construction Bulletin 2014-13 to fulfill this FAR requirement. For construction contracts awarded at $650,000.00 or more, the USACE will evaluate contractor's performance and prepare a performance report using the Contractor Performance Assessment Reporting System (CPARS), which is a web-based system.

After an evaluation (interim or final) is written up by the USACE, the contractor will have the ability to access, review and comment on the evaluation for a period of 60 days.

The evaluation will be transferred to the Past Performance Information Retrieval System (PPIRS) within 15 calendar days after issuance. However, it will remain with “Pending” status in PPIRS until the government official closes the form in CPARS. Contractors may access their own evaluations in PPIRS by registering as a user and obtaining specific software, called PKI certification, which is installed on the user's computer. The certification is a Department of Defense requirement and was implemented to provide security in electronic transactions. The average cost per certificate is about $100 - $120 per year and is purchased from an External Certificate Authorities (ECA) vendor.

Current information about CPARS, PKI certification process and for contacting vendors can be found on the web site: h ttp://www.cpars.gov. If the Contractor wishes to participate in the performance evaluation process, access to CPARS and PKI certification is the sole responsibility of the Contractor.

(End of Paragraph)

NOTICE TO MARINERS -- CONSTRUCTION CONTRACTS

Should the Contractor, during operations, encounter any objects on the channel bottom which could be a hazard to navigation, the Contractor shall immediately notify the Contracting Officer as to the location of said object and shall provide any other pertinent information necessary for the Contracting Officer to prepare and issue a Notice to Mariners.

http://www.usace.army.mil/ceso/pages/home.aspx http://www.cpars.gov/

W912EP20B0009 SECTION 00800-9 AMENDMENT 0002

(S-102) CONTRACTOR SUPPLY and USE OF ELECTRONIC SOFTWARE FOR PROCESSING DAVIS- BACON ACT CERTIFIED LABOR PAYROLLS (April 2011)

The contractor is encouraged to use a commercially-available electronic system to process and submit certified payrolls electronically to the Government. The requirements for preparing, processing and providing certified labor payrolls are established by the Davis-Bacon Act as stated in FAR 52.222-8, PAYROLLS AND BASIC RECORDS and FAR 52.222-13, COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS.

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

The contractor’s provision and use of an electronic payroll processing system shall meet the following basic functional criteria; commercially available; compliant with appropriate Davis-Bacon Act payroll provisions in the FAR; able to accommodate the required numbers of employees and subcontractors planned to be employed under the contract; capable of producing an Excel spreadsheet-compatible electronic output of weekly payroll records (format at h ttp://www.rmssupport.com/guides.aspx) for export in an Excel spreadsheet to be imported into the contractor’s Quality Control System (QCS) version of Resident Management System (RMS), that in turn shall export payroll data to the Government’s Resident Management System (RMS); demonstrated security of data and data entry rights; ability to produce contractor-certified electronic versions of weekly payroll data; ability to identify erroneous entries and track the data/time of all versions of the certified Davis-Bacon payrolls submitted to the government over the life of the contract; capable of generating a durable record copy, that is, a CD or DVD and PDF file record of data from the system database at end of the contract closeout. This durable record copy of data from the electronic Davis-Bacon payroll processing system shall be provided to the Government during contract closeout.

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

(End of paragraph)

ENGLISH SPEAKING REPRESENTATIVE

At all times when any performance of the work at any site is being conducted by any employee of the Contractor or his subcontractors, the Contractor shall have a representative present at each site who has the capability of receiving instructions in the English language, fluently speaking the English language and explaining the work operations to persons performing the work in the language that those performing the work are capable of understanding. The Contracting Officer shall have the right to determine whether the proposed representative has sufficient technical and bilingual capabilities, and the Contractor shall immediately replace any individual not acceptable to the Contracting Officer.

(End of paragraph)

DFARS 203-70 – CONTRACTOR STANDARDS OF CONDUCT

The following excerpt from DFARS subpart 203.70 is presented as a reminder:

203.7000 Policy. Government contractors must conduct themselves with the highest degree of integrity and honesty. Contractors should have standards of conduct and internal control systems that--

(1) Are suitable to the size of the company and the extent of their involvement in Government contracting;

http://www.rmssupport.com/guides.aspx)

W912EP20B0009 SECTION 00800-10 AMENDMENT 0002

(2) Promote such standards;

(3) Facilitate timely discovery and disclosure of improper conduct in connection with Government contracts; and

(4) Ensure corrective measures are promptly instituted and carried out.

203.7001 Procedures.

(a) A contractor's system of management controls should provide for--

(1) A written code of business ethics and conduct and an ethics training program for all employees;

(2) Periodic reviews of company business practices, procedures, policies, and internal controls for compliance with standards of conduct and the special requirements of Government contracting;

(3) A mechanism, such as a hotline, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports;

(4) Internal and/or external audits, as appropriate;

(5) Disciplinary action for improper conduct;

(6) Timely reporting to appropriate Government officials of any suspected or possible violation of law in connection with Government contracts or any other irregularities in connection with such contracts; and

(7) Full cooperation with any Government agencies responsible for either investigation or corrective actions.

W912EP20B0009 SECTION 00800A-1 AMENDMENT 0002

"General Decision Number: FL20200001 08/14/2020

Superseded General Decision Number: FL20190001

State: Florida

Construction Types: Building, Heavy and Highway

County: Brevard County in Florida.

**CAPE CANAVERAL AIR STATION, PATRICK AIR FORCE BASE KENNEDY

SPACE CENTER AND MALABAR RADAR SITE IN BREVARD COUNTY BUILDING

CONSTRUCTION PROJECTS (does not include residential construction consisting of single family homes and partments up to and including 4 stories) HEAVY AND HIGHWAY CONSTRUCTION

PROJECTS

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/03/2020 1 01/31/2020 2 02/21/2020 3 03/27/2020 4 05/15/2020 5 07/03/2020

ASBE0067-001 03/01/2020

08/14/2020

Rates Fringes

Asbestos Workers/Insulator (Includes the application of all insulating materials, protective coverings, coatings and finishings to all types of mechanical systems).........................$ 28.93 16.68 http://www.dol.gov/whd/govcontracts

ASBE0067-002 07/01/2017

HAZARDOUS MATERIAL HANDLER

(Includes preparation, wetting, stripping, removal, scrapping, vacuuming,bagging, and disposing of all insulation materials from mechanical systems, whether they

Rates Fringes contain asbestos or not).........$ 16.50 10.90

BOIL0433-001 03/01/2018

Rates Fringes

BOILERMAKER......................$ 30.07 22.71

BRFL0008-001 01/01/2018

Rates Fringes

BRICKLAYER (BRICKLAYERS,

BLOCKLAYERS, PLASTERERS,

TERRAZZO WORKERS, TILE

SETTERS AND CEMENT MASONS)

COMMERCIAL..................$ 22.68 6.31

INDUSTRIAL..................$ 26.08 6.31

INDUSTRIAL work includes: Bulk plants, power houses, chemical plants, missile sites including all work at Cape Canaveral Air Force Station and Kennedy Space Flight Center.

CARP1000-001 07/01/2014

Rates Fringes

MILLWRIGHT.......................$ 29.48 12.40

* CARP1905-002 06/01/2017

Rates Fringes

Carpenters:

*INDUSTRIAL:

CARPENTERS.................$ 25.25 7.55

PILEDRIVERMEN..............$ 21.75 8.65

COMMERCIAL:

CARPENTERS.................$ 23.11 9.85

PILEDRIVERMEN..............$ 21.75 8.65

ELEC0222-001 09/01/2016

Rates Fringes

Line Construction:

CABLE SPLICER...............$ 35.72 5.00+24.5%

GROUNDMAN...................$ 19.39 5.00+24.5%

LINEMAN; HEAVY EQUIPMENT

OPERATOR....................$ 34.02 5.00+24.5%

W912EP20B0009 SECTION 00800A-2 AMENDMENT 0002

ELEC0756-001 09/03/2019

ELECTRICIAN

Rates Fringes

Cable Splicer...............$ 29.33 3%+12.74 Wireman.....................$ 29.33 3%+12.74

ELEV0139-001 01/01/2020

Rates Fringes

ELEVATOR MECHANIC................$ 44.12 34.765

FOOTNOTE:

A. Employer contributions 8% of regular hourly rate to vacation pay credit for employee who has worked in business more than 5 years; Employer contributions 6% of regular hourly rate to vacation pay credit for employee who has worked in business less than 5 years.

Paid Holidays: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; The Friday after Thanksgiving Day; and Christmas Day.

ENGI0673-001 05/01/2013

Power equipment operators:

Rates Fringes

GROUP 1.....................$ 26.30 10.85

GROUP 2.....................$ 24.14 10.85

GROUP 3.....................$ 23.00 10.85

GROUP 4.....................$ 20.36 10.85

POWER EQUIPMENT OPERATORS

CLASSIFICATIONS GROUP 1: Tower Crane, Locomotive Crane, Crawler Crane, Truck Crane, Hydro Crane, Piledriver (incluidng auger and boring machine)

GROUP 2: Mechanic/Welder and operators of: Gantry Crane, Bridge Crane, Clam Shell, Dragline, Backhoe, Gradeall, Grader, Sideboom Cat, Hulti-Drum Hoist, Highlift (10' or higher), Locomotive Engineer, Tugboat Captain (150 hp or more), Concrete Pump with boom

GROUP 3: Bulddozers, Forklifts, Straddle Buggy, Single Drum Hoist, Winch Truck, Trenching Machine, Concrete Paver, Scraper, Loader, Asphalt Paving Machine, Lubricating Engineer, Fireman, Concrete Breaking Machine, Concrete Mixer

GROUP 4: Tractors, Wellpoint System Operator and Installer, Air Compressor, Pulver Mixer, Motor boat, Power Boat, Power Sweeper, Welding Machine, Oiler, Mechanic's Helper, Pump, Conveyor, Roller, Watertruck, Asphalt distributor, Concrete Pump (trailer type), Utility Operator

IRON0808-001 01/01/2019

Rates Fringes

W912EP20B0009 SECTION 00800A-3 AMENDMENT 0002

IRONWORKER.......................$ 27.28 14.70

LABO0517-001 05/01/2017

Rates Fringes

Laborers:

Asbestos Abatement, Hazardous and Toxic Waste Removal Laborers; (On all mechaincal systems: Lead Base Paint Removal;pipes, boilers, ducts, flues, breechings, ect.; that are going to be scrapped, the removal of all insulating materials whether they contain asbestos or not shall be the exclusive work of the laborers; ...... $ 19.45 7.85 Carpenter Tender, Cement Mason Tender, Block/ Bricklayer Tender Plasterer Tender ........... $ 19.20 7.85 Demolition Laborers ........ $ 19.20 7.85 General Laborer ............