B.08.03 W912EP20B0013 OWW Reach 3 and 4, Amendment 0005.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

OKEECHOBEE WATERWAY, REACH 3 AND 4 ON THE ST. LUCIE RIVER MAINTENANCE DREDGING 8-FOOT PROJECT MARTIN COUNTY, FLORIDA

1. See SF30 Continuation Sheet for Amendment Details.

2. The Bid Opening Date Remains Unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 12

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

16C. DATE SIGNED

BY

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W912EP20B0013

X 9B. DATED (SEE ITEM 11)

01-Oct-2020

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, 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.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO.

5. PROJECT NO.(If applicable)

6. ISSUED BY

3.EFFECTIVE

DATE

04-Nov-2020

0CODE

USA ENGINEER DISTRICT, JACKSONVILLE

CONTRACTING DIVISION

701 SAN MARCO BLVD

JACKSONVILLE FL 32207-8175

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

X

SF 30 CONTINUATION SHEET

Okeechobee Waterway, Reach 3 and 4 on the St. Lucie River, Maintenance Dredging 8-Foot Project

Martin County, Florida

W912EP20B0013 1 Amendment 0005

SUMMARY OF CHANGES

1. SPECIFICATIONS:

The text changes have been updated with additions noted by underlined GREEN BOLD TEXT and deletions noted by strikethrough, 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 strikethrough if there are changes to these documents. New sections are added without underlines and strikethrough.

Changes to Specifications:

Volume 1 of 2 - Contract Clauses:

DELETE SECTION 00800, Special Requirements and REPLACE with the attached SECTION 00800, Special Requirements.

Volume 2 of 2 - Technical Specifications:

NONE.

2. DRAWINGS:

NONE.

(End of Summary of Changes)

W912EP20B0013 00800-i Amendment 0005

SECTION 00800 - SPECIAL REQUIREMENTS

ENGLISH SPEAKING REPRESENTATIVE

5152.231-9000 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE

SCHEDULE (MAR 1995)

MAR 2013

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND

MATERIAL SAFETY DATA

JAN 1997

52.249-5000 BASIS FOR SETTLEMENT OF PROPOSALS

UNAUTHORIZED INSTRUCTIONS FROM

GOVERNMENT OR OTHER PERSONNEL

ESTABLISHING AUTHORITY OF PERSON(S) WHO

SIGN(S) THE OFFER

DISTRIBUTING SOLICITATION AMENDMENTS VIA

BETA.SAM.GOV

OBTAINING INFORMATION REGARDING THIS

SOLICITATION

BIDDER'S CHECKLIST -- CONSTRUCTION/DREDGING

CONTRACTS

NOTIFICATION TO UNSUCCESSFUL BIDDERS

ELECTRONIC BIDS

U.S. ARMY CORPS OF ENGINEERS SAFETY AND

HEALTH REQUIREMENTS MANUAL, EM 385-1-1

DREDGING SAFETY MANAGEMENT PROGRAM

CONSTRUCTION CONTRACTOR PERFORMANCE

EVALUATIONS

NOTICE TO MARINERS -- CONSTRUCTION

CONTRACTS

CONTRACTORS USE OF ELECTRONIC SOFTWARE

FOR PROCESSING DAVIS-BACON ACT CERTIFIED

LABOR PAYROLLS (APRIL 2011)

SEP 2011

W912EP20B0013 00800-1 Amendment 0005

SECTION 00800 - SPECIAL REQUIREMENTS

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 FAR 31.205-36. 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. 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")

W912EP20B0013 00800-2 Amendment 0005

(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, 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)

52.249-5000 BASIS FOR SETTLEMENT OF PROPOSALS

Actual costs will be used to determine equipment costs for a settlement proposal submitted on the total cost basis under FAR 49.206-2(b). In evaluating a terminations settlement proposal using the total cost basis, the following principles will be applied to determine allowable equipment costs:

(1) Actual costs for each piece of equipment, or groups of similar serial or series equipment, need not be available in the contractor's accounting records to determine total actual equipment costs.

(2) If equipment costs have been allocated to a contract using predetermined rates, those charges will be adjusted to actual costs.

W912EP20B0013 00800-3 Amendment 0005

(3) Recorded job costs adjusted for unallowable expenses will be used to determine equipment operating expenses.

(4) Ownership costs (depreciation) will be determined using the contractor's depreciation schedule (subject to the provisions of FAR 31.205-11).

(5) License, taxes, storage and insurance costs are normally recovered as an indirect expense and unless the contractor charges these costs directly to contracts, they will be recovered through the indirect expense rate.

(End of clause)

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)

ESTABLISHING AUTHORITY OF PERSON(S) WHO SIGN(S) THE OFFER

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 paragraph)

DISTRIBUTING SOLICITATION AMENDMENTS VIA BETA.SAM.GOV

Solicitation amendments will be distributed using the Beta.Sam system at http://Beta.Sam.gov.

W912EP20B0013 00800-4 Amendment 0005

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 http://Beta.Sam.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 the Beta.Sam.Gov website at http://Beta.Sam.gov.

(End of paragraph)

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.

W912EP20B0013 00800-5 Amendment 0005

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.

(End of paragraph)

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 www.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)

ELECTRONIC BIDS

(a) Definition.

Electronic bids, 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) Offerors 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 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 offeror and permit the offeror 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 offeror.

(d) The Government reserves the right to make award solely on the electronic bid. However, if requested to

W912EP20B0013 00800-6 Amendment 0005 do so by the Contracting Officer, the apparently successful offeror shall submit the complete original signed bid.

(e) The Offeror’s bid shall be submitted electronically, as described below. The use of hyperlinks in the bid is prohibited. The offeror’s bid is due no later than 2:00 PM, local time on 10 November 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 Offeror’s bid must be received by the Government no later than the date/time specified in the solicitation and cited above. Offerors shall submit their bid using the following link:

https://safe.apps.mil/

Please submit bids utilizing the link above to Contract Specialist, Anelis I. Nazario Castillo at Anelis.I.Nazario-Castillo@usace.army.mil and Contracting Officer Tedra Thompson at Tedra.N.Thompson@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. Offerors may use compression utility software such as WinZip or PKZip to reduce file size and facilitate transmission.

Request for upload code:

Offerors must email Contract Specialist, Anelis I. Nazario Castillo at Anelis.I.Nazario-Castillo@usace.army.mil and to Contracting Officer, Tedra Thompson at Tedra.N.Thompson@usace.army.mil no later than five (5) working days prior to the bid response date to receive a request code which will allow for file uploads via the SAFE site.

Offerors that fail to email for request a code five (5) 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.

EXAMPLES:

(1) “W912EP20R0004 RESPONSE Firm name Volume I.pdf”

(2) “W912EP20R0004 RESPONSE Firm name Volume II .pdf”

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. Offerors 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 Anelis I. Nazario Castillo at Anelis.I.Nazario- Castillo@usace.army.mil but be advised, they will be considered late and as such, will be processed in accordance with FAR 15.208.

W912EP20B0013 00800-7 Amendment 0005

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 Anelis I. Nazario Castillo at Anelis.I.Nazario-Castillo@usace.army.mil and the Contracting Officer is Tedra Thompson:

Tedra.N.Thompson@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 Email 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. An Offeror 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 Offerors will have more success utilizing any particular browser.

Receipt of Submission:

For the purposes of establishing whether a proposal 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 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. Offerors are responsible for ensuring that bids are submitted so as to reach the designated recipient. Offerors are responsible for allowing sufficient time for the bid to be received in accordance with the instructions provided.

(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. 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.

W912EP20B0013 00800-8 Amendment 0005

(End of paragraph)

DREDGING SAFETY MANAGEMENT PROGRAM

The Contractor shall comply with the provisions of EM 385-1-1. If the Contractor is a currently accepted participant in the Dredging Contractors of America (DCA)/United States Army Corps of Engineers (USACE) Dredging Safety Management Program (DSMP), as determined by the DCA/USACE Joint Committee, and holds a current valid Certificate of Compliance for both the Contractor Program and the dredge(s) to be used to perform the work required under this contract, the Contractor may, in lieu of submitting an Accident Prevention Plan: (i) upon request, make available for review the Contractor’s current Safety Management System (SMS) documentation, (ii) submit to the Contracting Officer the current valid Company Certificate of Compliance for its SMS, (iii) submit the current dredge(s) Certificate of Compliance based on third party audit, and (iv) submit for review and acceptance, site-specific addenda to the SMS as specified in the solicitation.

(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: http://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.

W912EP20B0013 00800-9 Amendment 0005

(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 http://www.rmssupport.com/guides.aspx) for export in an Excel spreadsheet to be imported into the contractor’s Quality Control System (QCS) version of Resident Management System (RMS), that in turn shall export payroll data to the Government’s Resident Management System (RMS); demonstrated security of data and data entry rights; ability to produce contractor-certified electronic versions of weekly payroll data; ability to identify erroneous entries and track the data/time of all versions of the certified Davis-Bacon payrolls submitted to the government over the life of the contract; capable of generating a durable record copy, that is, a CD or DVD and PDF file record of data from the system database at end of the contract closeout. This durable record copy of data from the electronic Davis-Bacon payroll processing system shall be provided to the Government during contract closeout.

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

(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.