B.08 21B0006_Tampa Harbor_Alafia_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

Tampa Harbor, Maintenance Dredging, 32-Foot Project, Alafia River Channel and Turning Basin, Hillsborough County, Florida

1. See attached continuation page for complete changes.

2. Section 00800 is included in it's entirety from Amendment 0004.

3. The Bid Opening Date of July 9, 2021 remains the same.

All other conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

1 2

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 W912EP21B0006

X 9B. DATED (SEE ITEM 11)

03-Jun-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 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.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO.

5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

02-Jul-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

W912EP21B0006 Amendment 0005

Tampa Harbor Maintenance Dredging 32-Foot Project, Alafia River Channel and Turning Basin, Hillsborough 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 Section 00010A and REPLACE with the attached revised Section 00010A.

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

2. DRAWINGS: No change to drawings.

(End of Summary of Changes)

SECTION 00010A

LINE ITEMS AND PRICING SCHEDULE

TAMPA HARBOR MAINTENANCE DREDGING

32-FOOT PROJECT, ALAFIA RIVER CHANNEL AND TURNING BASIN

HILLSBOROUGH COUNTY, FLORIDA

LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

ALAFIA RIVER CHANNEL

0001 MOBILIZATION AND DEMOBILIZATION JOB $______________

0002 EXCAVATION, UNCLASSIFIED

(ESTIMATED QUANTITY, SEE NOTE 2) 239,000 CUBIC YARD $____________ $______________

0003 TURBIDITY MONITORING JOB $______________

0004 ENVIRONMENTAL SPECIES MONITORING JOB $______________

0005 STANDBY TIME (SEE NOTE 4) 24 HOUR $____________ $______________

0006 BIRD MONITORING 75 DAY $____________ $______________

(ESTIMATED QUANTITY, SEE NOTE 3)

0007 PARTNERING REGROUP 1 EACH $____________ $______________

0008 WEIR REPAIR (SEE NOTE 5) JOB $______________

TOTAL BID (LINE ITEMS 0001 THROUGH 0008) $______________

NOTES: (1) BID MUST PRICE ALL LINE ITEMS. SEE SECTION 00100 "INSTRUCTIONS TO OFFERORS"

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

BETWEEN THE DATES OF THE SURVEYS SHOWN ON THE DRAWINGS AND ACTUAL DREDGING.

(3) BIRD MONTORING IS REQUIRED WHEN DIRECTED BY THE CONTRACTING OFFICER. SEE SECTION 01 57 20

ENVIRONMENTAL PROTECTION.

(4) STANDBY TIME IS DEFINED AS WHEN THE DREDGE PLANT IS NOT IN OPERATION ABOVE AND BEYOND

THE CONTRACT REQUIREMENTS AT THE DIRECTION OF THE CONTRACTING OFFICER.

STANDBY TIME SHALL BE UTILIZED ONLY DUE TO ENDANGERED SPECIES CONCERNS,

DIFFERING SITE CONDITIONS, SECURITY OPERATIONS OR OTHER CONDITIONS AS DETERMINED BY THE

CONTRACTING OFFICER. REQUIREMENTS FOR WORK STOPPAGES, DELAYS, OR OTHER IMPACTS ASSOCIATED

WITH COMPLIANCE WITH SECTION 01 57 20 ENVIRONMENTAL PROTECTION ARE NOT PAID FOR UNDER THIS LINE

ITEM. STANDBY TIME IS NOT AFFORDED FOR DELAYS CAUSED BY ADVERSE WEATHER CONDITIONS. PAYMENT

WILL ONLY BE MADE FOR ACTUAL STANDBY TIME REQUIRED BY THE CONTRACTING OFFICER.

SEE SECTION 01 22 00 MEASUREMENT AND PAYMENT.

(5) THE REPAIR OF THE WEIR PIPES SHALL BE FINISHED PRIOR TO THE DISCHARGE OF ANY DREDGE MATERIAL

INTO DMPF-3D.

W912EP21B0006 00010A-1 Amendment 0005 k3endca9 Cross-Out

Tampa Harbor Maintenance Dredging, 32-Foot Project Alafia River Channel and Turning Basin, Hillsborough County, FL

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 22 00

MEASUREMENT AND PAYMENT

07/20

PART 1 GENERAL

1.1 SUMMARY

1.1.1 Reference

1.2 RESIDENT MANAGEMENT SYSTEM (RMS)

1.2.1 Definition

1.2.2 Instructions

1.3 SUBMITTALS

1.4 JOB PAYMENT ITEMS

1.4.1 Mobilization and Demobilization (Line Item 0001)

1.4.2 Turbidity Monitoring (Line Item 0003)

1.4.3 Environmental Species Monitoring (Line Item 0004)

1.4.4 Weir Repair (Line Item 0008)

1.5 UNIT PRICE PAYMENT ITEMS

1.5.1 Excavation, Unclassified (Line Item 0002)

1.5.1.1 Payment

1.5.1.2 Measurement

1.5.1.3 Unit of Measure

1.5.2 Standby Time (Line Item 0005)

1.5.2.1 Payment

1.5.2.2 Measurement

1.5.2.3 Unit of Measure

1.5.3 Bird Monitoring (Line Item 0006)

1.5.3.1 Payment

1.5.3.2 Measurement

1.5.3.3 Unit of Measure

1.5.4 Partnering Regroup (Line Item 0007)

1.5.4.1 Payment

1.5.4.2 Measurement

1.5.4.3 Unit of Measure

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION

3.1 PAYMENT PROCEDURES

3.1.1 Requesting Progress Payment

3.1.2 Options and Modification CLINS

-- End of Section Table of Contents --

SECTION 01 22 00 Page 1

SECTION 01 22 00

MEASUREMENT AND PAYMENT

07/20

PART 1 GENERAL

1.1 SUMMARY

This section describes how Line Items will be measured and paid for when making progress payments. Work to be measured is described in specification sections listed for each Line Item. Measurement procedures for payment, required quantity survey or procurement documentation and payment restrictions are described in applicable specification sections.

Allocate costs for work not specifically mentioned to the Line Item most closely associated with work involved. Unless there is a specific Line Item for administrative costs, such as Quality Control and Safety, allocate such costs proportionally across all Line Items.

1.1.1 Reference

The publication listed below forms a part of this specification to the extent referenced. This publication is referred to in the text by the basic designation only.

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 1110-2-1003 (2013) Hydrographic Surveying

1.2 RESIDENT MANAGEMENT SYSTEM (RMS)

1.2.1 Definition

The terms Contract Line Item Number (CLIN) and Line Item are interchangeable herein (e.g.: CLIN 0001 is Line Item 0001). The term CLIN is a contracting term used in the Resident Management System (RMS) payment data base.

1.2.2 Instructions

See Section 01 45 00 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM) for more information on CLINs, schedule of values of pay activities and construction schedule, and payment procedures. The Contractor mode user manual with in-depth instructions can be downloaded from the RMS web site indicated in Section 01 45 00 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE

(RMS CM).

1.3 SUBMITTALS

Government approval is required for submittals with a "G" designation;

submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. Transmit submittal items in accordance with Section 01 33 00 SUBMITTAL PROCEDURES. Submit the following preconstruction submittal items no later than 30 calendar

SECTION 01 22 00 Page 2 days after Notice to Proceed:

SD-01 Preconstruction Submittals

Schedule of Values ; G, RO

SD-07 Certificates

Request for Progress Payment ; G, RO

1.4 JOB PAYMENT ITEMS

Payment items for the work of this contract for which contract lump sum payments will be made are listed in the LINE ITEMS AND PRICING SCHEDULE with the unit JOB and described below. All costs for items of work, which are not specifically mentioned to be included in a particular job or unit price payment item, shall be included in the listed job item most closely associated with the work involved. The job price and payment made for each item listed shall constitute full compensation for furnishing all plant, labor, materials, and equipment, and performing any associated Contractor quality control, environmental protection, meeting safety requirements, tests and reports, and for performing all work required for which separate payment is not otherwise provided.

Progress payments for job CLINs will be made in accordance with the Payments Under Fixed-Price Construction Contracts clause of Section 00700 CONTRACT CLAUSES in Volume 1. Submit Schedule of Values for Government approval with the baseline schedule submittal (see Section 01 32 01 PROJECT SCHEDULE). Include a list of pay activities to breakdown bid for each job CLIN as part of the RMS Schedule. Schedule of Values will become basis for CLIN and Pay Activity data in the RMS payment data base. An unbalanced Schedule of Values and Pay Activity Schedule will be returned for revision. If this contract contains either the Continuing Contracts clause or the Continuing Contracts (Alternate) clause, take into account the amount reserved for contract payments when preparing the construction schedule.

1.4.1 Mobilization and Demobilization (Line Item 0001)

Payment will be made for costs associated with and incidental to mobilization and demobilization and establishment of initial project management and coordination. See Clause PAYMENT FOR MOBILIZATION AND DEMOBILIZATION of Section 00700 CONTRACT CLAUSES in Volume 1.

1.4.2 Turbidity Monitoring (Line Item 0003)

Payment will be made for costs associated with and incidental to obtaining, analyzing, and reporting the results of monitoring for turbidity. See Section 01 57 25 TURBIDITY AND DISPOSAL MONITORING.

1.4.3 Environmental Species Monitoring (Line Item 0004)

Payment will be made for costs associated with or incidental to the monitoring of protected and endangered species. See Section 01 57 20

ENVIRONMENTAL PROTECTION.

1.4.4 Weir Repair (Line Item 0008)

Payment will be made for costs associated with or incidental to the repair

SECTION 01 22 00 Page 3 of the north weir outfall pipe on DMPF-3D. See Section 03 30 53 MISCELLANEOUS CAST-IN-PLACE CONCRETE and Section 35 41 00 LEVEE

CONSTRUCTION.

1.5 UNIT PRICE PAYMENT ITEMS

Payment items for the work of this contract on which the contract unit price payments will be made are listed in the LINE ITEMS AND PRICING SCHEDULE and described below. The unit price and payment made for each item listed shall constitute full compensation for furnishing all plant, labor, materials, and equipment, and performing any associated Contractor quality control, environmental protection, meeting safety requirements, tests and reports, and for performing all work required for each of the unit price items.

Each Unit Price CLIN may be a single pay activity item or may be broken down into pay activities with smaller quantities equal to CLIN total.

Contract unit price multiplied by agreed quantity is full compensation.

1.5.1 Excavation, Unclassified (Line Item 0002)

1.5.1.1 Payment

a. Payment will be made for costs associated with or incidental to excavation, transportation, and disposal of materials; providing and maintaining access to the work site(s) and disposal area(s); noise control; debris removal; and operation of disposal area. See Section

35 20 23 DREDGING.

b. Insofar as consistent with the paragraph CONTINUITY OF WORK of Section 35 20 23 DREDGING, monthly partial payments will be based on approximate quantities determined by soundings or sweepings performed by the Contractor behind the dredge. The term AREA DESIGNATED BY THE CONTRACTING OFFICER as used in the CONTINUITY OF WORK paragraph, is defined as "acceptance section".

c. Hydrographic surveys for final measurement and payment and for channel clearance will be made by the Government. All surveys will be performed in accordance with USACE EM 1110-2-1003 . Survey frequencies will be the same as those shown in the drawings and will remain consistent throughout the contract.

1.5.1.2 Measurement

a. The maps and/or drawings already prepared (clause CONTRACT DRAWINGS, MAPS, AND SPECIFICATIONS of Section 00700 CONTRACT CLAUSES in Volume 1) are believed to represent accurately average existing conditions, but the depths shown thereon may be verified and corrected by soundings taken before dredging. Once quantities within a specified reach or section have been determined through the use of in-place measurement, they will not be reopened except on evidence of collusion, fraud, or obvious error.

b. The total amount of material removed, and to be paid for under the contract, will be measured by the cubic yard in place. The volume computed shall be between the bottom surface shown by soundings taken within 3 weeks before dredging and the bottom surface shown by the soundings taken within 3 weeks after the work specified in each acceptance section indicated on the drawings has been completed.

SECTION 01 22 00 Page 4

Provide 10 days advance notice, in writing, to the Contracting Officer of the need for a pre-dredging survey or after-dredging survey for final acceptance for each acceptance section. The quantity must include the volume within the limits of the side slopes described in subparagraph SIDE SLOPES of paragraph REQUIRED DEPTH, ALLOWABLE OVERDEPTH, AND SIDE SLOPES of Section 35 20 23 DREDGING, less any deductions that may be required for misplaced material described in subparagraph MISPLACED MATERIALS of paragraph DISPOSAL OF EXCAVATED MATERIAL of Section 35 20 23 DREDGING.

1.5.1.3 Unit of Measure

Cubic yard.

1.5.2 Standby Time (Line Item 0005)

1.5.2.1 Payment

Payment will be made for costs associated with or incidental to standby of dredge plant only upon implementation of this line item. Standby time is defined as when the dredge plant is not in operation above and beyond the contract requirements at the direction of the Contracting Officer.

Standby time must be utilized only due to endangered species concerns, differing site conditions, security operations or other conditions as determined by the Contracting Officer. Requirements for work stoppages, delays, or other impacts associated with compliance with Section 01 57 20 ENVIRONMENTAL PROTECTION are not paid for under this line item. Standby time is not afforded for delays caused by adverse weather conditions or improper operational procedures. Payment will only be made for actual standby time required by the Contracting Officer.

1.5.2.2 Measurement

Standby time, when exercised by the Contracting Officer, will be measured for payment by each hour, or part thereof, that the plant is not in operation. Standby time will not be provided for the initial 24-hour period following an endangered or threatened species take. Standby time will not be provided for the required temporary cessation of work due to the presence of endangered or threatened species in proximity to equipment as identified within Section 01 57 20 ENVIRONMENTAL PROTECTION.

1.5.2.3 Unit of Measure

Hour.

1.5.3 Bird Monitoring (Line Item 0006)

1.5.3.1 Payment

Payment will be made for costs associated with or incidental to furnishing a Bird Monitor and providing deterrence at DMPF 3-D. See Section 01 57 20 ENVIRONMENTAL PROTECTION. Payment will be made for costs associated with or incidental to bird monitoring only upon implementation of this line item. If performance of this line item is not required or implemented per the NOTES in Section 00010A LINE ITEMS AND PRICING SCHEDULE, no payment will be made to the Contractor for this line item.

SECTION 01 22 00 Page 5

1.5.3.2 Measurement

Measurement will be made by the number of days the Bird Monitor is onsite monitoring and deterring birds during the designated monitoring period.

See Section 01 57 20 ENVIRONMENTAL PROTECTION.

1.5.3.3 Unit of Measure

Day.

1.5.4 Partnering Regroup (Line Item 0007)

1.5.4.1 Payment

Payment will be made for costs associated with and incidental to conducting a partnering regroup. See Section 01 30 00 ADMINISTRATIVE PROCEDURES. The initial partnering meeting will not be paid for under this line item as it is a distributed cost mandatory administrative action.

1.5.4.2 Measurement

The basis for payment will be for the completion of each partnering regroup meeting and Government receipt of all completed work products.

1.5.4.3 Unit of Measure

Each.

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION

3.1 PAYMENT PROCEDURES

Upon receiving initial Resident Management System import file, go to PAY ACTIVITIES and establish a link between bid breakdown schedule of values of PAY ACTIVITIES to contract CLINs using SCHEDULE ACTIVITIES data entry page.

3.1.1 Requesting Progress Payment

For progress payments, ensure ACTIVITY SCHEDULE, FEATURE SCHEDULE, submittal register, and punchlists are all up to date. Use PROGRESS PAYMENTS to REQUREST ACTIVITY for both ACTIVITY EARNINGS data entry page and OTHER EARNING. Provide hard copies of supporting invoices and quantity measurements to support all requested earnings. Ensure that sums of payment activities do not exceed contract award CLIN funding amounts, or unbalanced CLINs error will prevent processing the payment. Submit a request for progress payment monthly in accordance with Clause 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS of Section 00700 CONTRACT CLAUSES. In addition to the items listed in Clause 52.232-5(b)(1), submit the following in the request for progress payment:

a. Approved construction schedule.

b. Up-to-date payroll records.

c. Current submittal register.

d. Approved submittals on installed property.

e. QA/QC deficiency tracking list.

f. Environmental reports.

SECTION 01 22 00 Page 6

g. Progress photographs.

h. Working/current as-built drawings.

Once the complete pay application package is received to include the Contractor's signed ENG 93, the 14 calendar days will commence.

3.1.2 Options and Modification CLINS

When additional work is added by modification, existing CLINs funding amounts must be updated, or new CLINs for modification will be created.

If contract has option CLINs not yet awarded, option CLINs will appear as zero dollar CLINs until option is awarded by modification. No payment may be requested for Options or Modification CLINs until contract modification has been funded and signed.

-- End of Section --

SECTION 01 22 00 Page 7

W912EP21B0006 00800-i

Section 00800 - SPECIAL REQUIREMENTS

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

CLAUSES INCORPORATED BY REFERENCE

31.105-100 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE

SCHEDULE (MAR 1995)

MAY 1999

52.223-1 Biobased Product Certification MAY 2012

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND

MATERIAL SAFETY DATA (JAN 1997)

DEC 1999

UNAUTHORIZED INSTRUCTIONS FROM

GOVERNMENT OR OTHER PERSONNEL

DEC 1999

DFARS 203-70 - CONTRACTOR STANDARDS OF

CONDUCT

DEC 1999

ESTABLISHING AUTHORITY OF PERSON(S) WHO

SIGN(S) THE OFFER

DEC 1999

NATIONAL DREDGING QUALITY MANAGEMENT

PROGRAM SYSTEM – SPECIAL STANDARD OF

RESPONSIBILITY

JUL 2010

STANDARD OF RESPONSIBILITIY FOR DREDGING

CONTRACTORS

OCT 2001

VARIATION IN ESTIMATED QUANTITY -- DREDGING DEC 1999

OBTAINING INFORMATION REGARDING THIS

SOLICITATION

DEC 1999

BIDDER'S CHECKLIST -- CONSTRUCTION/DREDGING

CONTRACTS

DEC 1999

ELECTRONIC BIDS AUG 2016

NOTIFICATION TO UNSUCCESSFUL BIDDERS SEP 2006

U.S. ARMY CORPS OF ENGINEERS SAFETY AND

HEALTH REQUIREMENTS MANUAL, EM 385-1-1

OCT 2019

DREDGING SAFETY MANAGEMENT PROGRAM MAR 2003

TERMINATION FOR DEFAULT FOR FAILURE TO

PROVIDE ACCEPTABLE PERFORMANCE AND

PAYMENT BONDS

OCT 2005

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)

SEP 2011

ENGLISH SPEAKING REPRESENTATIVE MAR 2002

52.249-5000 BASIS FOR SETTLEMENT OF PROPOSALS

SUBCONTRACTING PLAN TARGET GOALS

Amendment 0005

W912EP21B0006 00800-1

CLAUSES INCORPORATED BY FULL TEXT

UAI 31.105-100 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)

52.223-1 BIOBASED PRODUCT CERTIFICATION (MAY 2012)

As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C.

8102(c)(3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.

(End of provision)

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.

W912EP21B0006 00800-2

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 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

W912EP21B0006 00800-3

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)

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;

(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.

W912EP21B0006 00800-4

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 number)

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 https://dqm.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.

W912EP21B0006 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.

VARIATION IN ESTIMATED QUANTITY -- DREDGING

(a) Read this paragraph in conjunction with the Variation in Estimated Quantity clause of this contract. This paragraph only applies to line items for excavation.

(b) The estimated quantities contained in the excavation line item(s) of this contract include material from both the required dredging prism and an area of allowable overdepth. The Contractor is not required to excavate the material in the area of allowable overdepth. However, as a precondition for requesting an equitable adjustment in the event the actual quantity is less than 85 percent of the estimated quantity, the Contractor shall have excavated 100 percent of the available material in the required prism and at least 75 percent of the available material in the area of allowable overdepth.

(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.

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

W912EP21B0006 00800-6

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 www.beta.sam.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

The offeror’s bid shall be submitted electronically, as described below. The use of hyperlinks in the bid is prohibited.

The offeror’s bid must be received no later than 2:00 PM, local time12 August 2021 2 July 2021 9 July 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, Jennifer Carter at Jennifer.L.Carter@usace.army.mil and 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. 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 Jennifer Carter at Jennifer.L.Carter@usace.army.miland Contracting Officer, Claurice Dingle at Claurice.M.Dingle@usace.army.mil no later than five (5) working days prior to the bid due 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.

W912EP21B0006 00800-7

EXAMPLES:

(1) “W912HP20R0020 RESPONSE Firm name Volume I.pdf”

(2) “W912HP20R0020 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. Offerors 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. 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 Jennifer Carter (Jennifer.L.Carter@usace.army.mil) and Contracting Officer Claurice Dingle (Claurice.M.Dingle@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 Jennifer Carter :Jennifer.L.Carter@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. An Offeror can confirm proper submission by the ‘Drop-Off Completed” screen which

W912EP21B0006 00800-8

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.

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 https://www.usace.army.mil/Missions/Safety-and-Occupational-Health/. 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.

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…