B.08.03 Amendment 0003, Miami Dade Cnt E (W912EP21B0004).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

BEACH EROSION CONTROL AND HURRICANE PROTECTION PROJECT MIAMI BEACH RENOURISHMENT 2021, MIAMI-DADE COUNTY, FLORIDA

A. See SF30 Continuation Sheet for Amendment Details.

B. The Bid Opening Date is hereby changed from June 23, 2021 to June 29, 2021 at 2:00 pm, local time.

1. CONTRACT ID CODE PAGE OF PAGES

1 15

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 W912EP21B0004

X 9B. DATED (SEE ITEM 11)

21-May-2021

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO.

5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

21-Jun-2021

CODE

USA ENGINEER DISTRICT, JACKSONVILLE

CONTRACTING DIVISION

701 SAN MARCO BLVD

JACKSONVILLE FL 32207-8175

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SF 30 CONTINUATION SHEET

W912EP21B0004 2 Amendment 0003

Beach Erosion Control and Hurricane Protection Project Miami Beach Renourishment 2021 Miami-Dade County, Florida

SUMMARY OF CHANGES

1. SPECIFICATIONS:

Text changes have been updated with additions noted by underlined text (green in PDF) and deletions noted by line/cross-outs (red in PDF). These text changes pertain only to changes made by this amendment.

DELETE Standard Form 1442 and REPLACE with the attached revised Standard Form 1442.

DELETE Section 00800 and REPACE with the attached revised Section 00800.

2. DRAWINGS: No change to drawings.

(End of Summary of Changes)

BEACH EROSION CONTROL AND HURRICANE PROTECTION PROJECT MIAMI BEACH RENOURISHMENT 2021 MIAMI-DADE COUNTY, FLORIDA

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

DRAWINGS: SEE DFARS CLAUSE 252.236-7001, SECTION 00700.

MAGNITUDE OF CONSTRUCTION IS BETWEEN $30,000,000 AND $50,000,000.

THIS IS AN UNRESTRICTED SOLICITATION ALL RESPONSIBLE BIDDERS ARE ENCOURAGED TO PARTICIPATE THE NAICS CODE FOR THIS PROJECT IS 237990 OTHER HEAVY AND CIVIL ENGINEERING CONSTRUCTION AND THE SMALL BUSINESS SIZE STANDARD IS $39.5 MILLION.

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

BID OPENING WILL BE HELD VIRTUALLY VIA WEBEX. UTILIZE THE LINK AND CALL-IN INFORMATION PROVIDED BELOW:

https://usace1.w ebex.com/meet/frederick.l.cooper Audio Teleconference: 1-844-800-2712. Access Code: 1997545390.

YOU MUST BE REGISTERED IN THE SYSTEM FOR AWARD MANAGMENT (SAM) TO RECEIVE AN AWARD FROM THIS SOLICITATION. THE

SAME WEBSITE IS LOCATED AT WWW.SAM.GOV

X

FREDERICK L COOPER

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

21-May-2021

(RFP)

(IFB)

CALL:

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

CALLS) 904-232-1186

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______75 calendar days and complete it w ithin ________590 calendar days after receiving aw ard, 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.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________

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

C. All offers are subject to the (1) w ork 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 w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

USA ENGINEER DISTRICT, JACKSONVILLE

CONTRACTING DIVISION

701 SAN MARCO BLVD

JACKSONVILLE FL 32207-8175

W912EP

PAGE OF PAGES

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

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

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

W912EP21B0004 1 OF 213

local time 29 23_ J_u_n_ _20__21____ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time of fers are due.

k3ctctt9 Cross-Out

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

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 each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

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

See Item 14

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

30B. SIGNATURE

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

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

K3M1F20 964145

MIAMI RESIDENT OFFICE

3000 SW 148TH AVENUE

SUITE 251

MIRAMAR, FLORIDA 33027

USACE FINANCIAL CENTER

5722 INTEGRITY DRIVE

ATTN: CEFC-AO-P

MILLINGTON, TN 38054-5005

Section 00800 - SPECIAL REQUIREMENTS

5152.231-9000 MAY 1999

52.223-3 DEC 1999

52.249-5000

DEC 1999

DEC 1999

JUL 2010

MAR 2018

OCT 2001

DEC 1999

DEC 1999

AUG 2016

MAR 2019

MAR 2019

OCT 2019

MAR 2003

FEB 2009

EQUIPMENT OWNERSHIP AND OPERATING EXPENSE

SCHEDULE (MAR 1995)

HAZARDOUS MATERIAL IDENTIFICATION AND

MATERIAL SAFETY DATA (JAN 1997)

BASIS FOR SETTLEMENT OF PROPOSALS

UNAUTHORIZED INSTRUCTIONS FROM

GOVERNMENT OR OTHER PERSONNEL

ESTABLISHING AUTHORITY OF PERSON(S) WHO

SIGN(S) THE OFFER

NATIONAL DREDGING QUALITY MANAGEMENT

PROGRAM SYSTEM – SPECIAL STANDARD OF

RESPONSIBILITY

SEAGOING BARGE ACT - SPECIAL STANDARD OF

RESPONSIBILITY

STANDARD OF RESPONSIBILITIY FOR DREDGING

CONTRACTORS

OBTAINING INFORMATION REGARDING THIS

SOLICITATION

BIDDER'S CHECKLIST -- CONSTRUCTION/DREDGING

CONTRACTS

ELECTRONIC DIDS

RETAINAGE FOR FAILURE TO COMPLY WITH

SUBCONTRACTING PLAN REPORTING

REQUIREMENTS

SOURCES FOR ASSISTANCE IN LOCATING SMALL

BUSINESS SUBCONTRACTORS

U.S. ARMY CORPS OF ENGINEERS SAFETY AND

HEALTH REQUIREMENTS MANUAL, EM 385-1-1

DREDGING SAFETY MANAGEMENT PROGRAM

CONSTRUCTION CONTRACTOR PERFORMANCE

EVALUATIONS

ENGLISH SPEAKING REPRESENTATIVE MAR 2002

JUN 2015

W912EP21B0004 00800-i Amendment 0003

W912EP21B0004 00800-1

Section 00800 - SPECIAL REQUIREMENTS

UAI 5152.231-9000 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

As prescribed in 5131.100-70, insert the following clause:

EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

(a) This clause does not apply to terminations. See UAI 5152.249-9000, Basis for Settlement of Proposals, and Federal Acquisition Regulation (FAR) part 49.

(b) Allowable costs 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 Engineer Pamphlet (EP) 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule, Region [insert Roman numeral for the appropriate region of the schedule]. 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 simplified acquisition threshold (SAT), the contracting officer shall request the contractor to submit either certified cost or pricing data, or partial/limited data, as appropriate. The data shall be submitted on Standard Form 1411, Contract Pricing Proposal Cover Sheet.

(End of clause)

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).

Amendment 0003

W912EP21B0004 00800-2

(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, 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

W912EP21B0004 00800-3

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)

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.

(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.

W912EP21B0004 00800-4

(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)

NATIONAL DREDGING QUALITY MANAGEMENT PROGRAM SYSTEM – SPECIAL STANDARD OF

RESPONSIBILITY (JULY 2010)

(a) The National Dredging Quality Management Program System (NDQMPS) is an automated dredge contract monitoring system comprised of both Contractor provided hardware, Contractor provided software, and software developed by the Army Corps of Engineers (the Corps). This NDQMPS was formerly known as the Silent Inspector.

The Corps developed the NDQMPS as a low cost, repeatable, impartial system for automated dredge/scow monitoring. The NDQMPS consists of three major components: the Dredge Specific System (DSS), the Ship Server, and the Shore Server. The DSS collects and displays various dredge sensor data for the dredge crew to monitor dredge progress and quality control. The other major task of the DSS is to send data to the Ship Server. Most dredging Contractors already have a computer system and sensors onboard for control or positioning that can be used as the DSS. The dredging Contractor supplies and owns the DSS and all associated sensors. The Ship Server acts as the dredge-based data archive and report creation center by storing the data from the DSS and performing automated review of the data. The Ship Server can produce many different reports including dredge location history, volume history, and operational status. Additional information about NDQMPS can be found at http://si.usace.army.mil/ <http://si.usace.army.mil/> .

(b) As authorized by FAR 9.104-2, Contracting Officers may establish special standards of responsibility when necessary. The Contracting Officer has determined that use of the NDQMPS is necessary for work performed by hopper dredge or scows. Therefore, in order to be considered responsible for performing this contract, the Offeror must establish after contract award but prior to notice to proceed that any hopper dredge or scow to be used in performance of this contract has been outfitted with the NDQMPS and the system has been certified by the National Dredging Quality Management Program System Support Center within the last year. Certification requires meeting the requirements of Section 35 20 23: DREDGING of the contract specifications. Questions regarding certification should be addressed to the NDQMPS support team in Mobile District on the contact form at the web site, or by calling 877-840-8024.

(c) Each solicitation shall contain the current standard NDQMPS requirements in addition to special requirements for the project. These special requirements may include penalties for non-performance and data upload schedules.

(End of paragraph)

SEAGOING BARGE ACT – SPECIAL STANDARD OF RESPONSIBILITY

The Seagoing Barge Rules (46 USC 2101 et seq.) apply to this project. The contractor, upon the request of the Contracting Officer, shall be required to submit evidence of U.S. Coast Guard certification. Failure to produce the certificate within the requested time may be cause for determining the offeror non-responsible.

(End of paragraph number)

Amendment 0003 http://si.usace.army.mil/ http://si.usace.army.mil/

W912EP21B0004 00800-5

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)

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 number)

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, 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?

W912EP21B0004 00800-6

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.

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) 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 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 23 29 June 2021.

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, Frederick Cooper at Frederick.L.Cooper@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, Frederick Cooper at Frederick.L.Cooper@usace.army.mil and to Contracting Officer, Tedra Thompson at Tedra.N.Thompson@usace.army.mil no later than three (3) working days prior to the bid opening 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 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.

EXAMPLES: (1) “W912EP21B0004 RESPONSE Firm name Volume I.pdf”

File Organization, Formatting and other instructions. Although hard copies are not accepted, each file shall be clearly indexed and 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. Offerors shall

Amendment 0003 https://safe.apps.mil/ mailto:Frederick.L.Cooper@usace.army.mil mailto:Tedra.N.Thompson@usace.army.mil mailto:Frederick.L.Cooper@usace.army.mil mailto:Tedra.N.Thompson@usace.army.mil k3ctctt9 Cross-Out

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prepare bids in the English language.

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 Contract Specialist Frederick Cooper (Frederick.L.Cooper@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 Frederick Cooper: Frederick.L.Cooper@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 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.

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 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 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)

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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.

(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 prop sed subcontracting $500,000 Current pr ogress 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)

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 http://www.sba.gov

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

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

(D) Dynamic Small Business Database http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm

(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

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(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)

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)

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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)