B.08.03 W912EP22B0003 La Chuleta Amendment 0001.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

RIO PUERTO NUEVO PROJECT, LA CHULETA DISPOSAL SITE, SAN JUAN, PUERTO RICO

1. See SF30 Continuation Sheet for Amendment Details.

2. The Proposal Due Date of May 31, 2022 at 2:00 pm, EDT, remains unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 31

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 W912EP22B0003

X 9B. DATED (SEE ITEM 11)

29-Apr-2022

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 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.

A0001

5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

05- May-2022

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

Rio Puerto Nuevo Project, La Chuleta Disposal Site San Juan, Puerto Rico

W912EP22B0003 1 AMENDMENT 0001

SUMMARY OF CHANGES

1. SPECIFICATIONS:

The text changes have been updated with additions noted by underlined text and deletions noted by line/cross-outs, and pertain only to changes made by this revision. The entire section is replaced if there is any change. The Project Table of Contents and Submittal Register are replaced without underlines and cross-outs if there are changes to these documents. New sections are added without underlines and cross-outs.

Changes to Specifications:

Volume 1 of 2 – Contract Clauses:

DELETE Line Item and Pricing Schedule 00010A and REPLACE with the attached Line Item and Pricing Schedule 00010A

DELETE Section 00800 Special Requirements and REPLACE with the attached Section 00800 Special Requirements

Volume 2 of 2 – Technical Specifications:

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

2. DRAWINGS:

N/A

(End of Summary of Changes)

Section 00010A - Solicitation

Line Item and Pricing Schedule

ITEM UNIT

NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT

0001 1 JOB $ $

0002 1 JOB $ $

0003 1 JOB $ $

0004 1 JOB $ $

0005 1 JOB $ $

0006 1 JOB $ $

0007 1 JOB $ $

0008 1 JOB $ $

0009 1 JOB $ $

0010 1 JOB $ $

0011 1 JOB $ $

0012 1 JOB $ $

0013 37 AC $ $

0014 31700 CY $ $

0015 31700 CY $ $

0016 1305 CY $ $

0017 653 CY $ $

0018 2450 LF $ $

0019 1489 LF $ $

0020 1422 LF $ $

0021 1380 SF $ $

0022 36810 SF $ $

0023 15 MONTH $ $

0024 1 EACH $ $

Mobilization and Demobilization

Temporary Construction Facilities and Controls

Environmental Monitoring

Demolition

Maintenance of Traffic

Sediment and Erosion Control

Drainage Treatment System

Interior Roadways

Excavation of Unsuitable Material

Barge Unloading Dock

Pavement Marking & Signage

Truck Wash Facility

Clearing and Grubbing (Estimated Quantity)

Excavation (Estimated Quantity)

Fill (Estimated Quantity)

Bituminous Pavement (Estimated Quantity)

Aggregate Base (Estimated Quantity)

Security Fencing (Estimated Quantity)

Guardrail (Estimated Quantity)

Concrete Barrier (Estimated Quantity)

Segmental Concrete Block Retaining Wall (Estimated Quantity)

Turf Establishment (Estimated Quantity)

Contracting Officer Field Office (Estimated Quantity)

Partnering Regroup (Estimated Quantity)

JOB $ $

TOTAL BASE (LINE ITEMS 0001 THROUGH 0024)

Municipal Tax (5.5% of Subtotal)

TOTAL AMOUNT BID (Bid+5.5% Taxes)

(1) OFFER MUST PRICE ALL LINE ITEMS. SEE SECTION 00100

"INSTRUCTIONS TO OFFERORS".

(2) QUANTITY, AREA, AND LENGTH ESTIMATES ARE FOR BIDDING

PURPOSES ONLY. ACCURATE DETERMINATIONS OF LENGTHS, AREAS

AND VOLUMES WILL BE PROCURED DURING THE AS-BUILT SURVEYING

PHASE.)

LA CHULETA DISPOSAL SITE

RIO PUERTO NUEVO

SAN JUAN, PUERTO RICO

LINE ITEM AND PRICING SCHEDULE

W912EP22B0003 00010A-1 Amendment 0001

Section 00800 - SPECIAL REQUIREMENTS

EQUIPMENT OWNERSHIP AND OPERATING EXPENSE

SCHEDULE (MAR 1995)

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND

MATERIAL SAFETY DATA

FEB 2021

52.249-5000 BASIS FOR TERMINATION SETTLEMENT PROPOSALS MAR 2013

UNAUTHORIZED INSTRUCTIONS FROM

GOVERNMENT OR OTHER PERSONNEL

ESTABLISHING AUTHORITY OF PERSON(S) WHO

SIGN(S) THE OFFER

DISTRIBUTING SOLICITATION AMENDMENTS VIA

SAM.GOV

OBTAINING INFORMATION REGARDING THIS

SOLICITATION

BIDDER'S CHECKLIST -- CONSTRUCTION/DREDGING

CONTRACTS

NOTIFICATION TO UNSUCCESSFUL BIDDERS

ELECTRONIC BIDS

RETAINAGE FOR FAILURE TO COMPLY WITH

SUBCONTRACTING PLAN REPORTING

REQUIREMENTS

SOURCES FOR ASSISTANCE IN LOCATING SMALL

BUSINESS SUBCONTRACTORS

SUBCONTRACTING PLAN TARGET GOALS

U.S. ARMY CORPS OF ENGINEERS SAFETY AND

HEALTH REQUIREMENTS MANUAL, EM 385-1-1

TERMINATION FOR DEFAULT FOR FAILURE TO

PROVIDE ACCEPTABLE PERFORMANCE AND

PAYMENT BONDS

NOTICE OF FEDERAL, STATE, AND LOCAL TAXES-

CONTRACTS PERFORMED IN PUERTO RICO

CONSTRUCTION CONTRACTOR PERFORMANCE

EVALUATIONS

WORKERS COMPENSATION INSURANCE (DEFENSE

BASE ACT)

W912EP22B0003 00800-i Amendment 0001

REQUIRED DEFENSE BASE ACT INSURANCE

CONTRACTORS USE OF ELECTRONIC SOFTWARE

FOR PROCESSING DAVIS-BACON ACT CERTIFIED

LABOR PAYROLLS (APRIL 2011)

LABOR LAWS

ENGLISH SPEAKING REPRESENTATIVE

CONTRACTING OFFICER'S PROJECT BUSINESS

ADDRESS

W912EP22B0003 00800-ii Amendment 0001

Section 00800 - SPECIAL REQUIREMENTS

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 Paragraph)

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (FEB 2021)

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

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

Material (if none, insert None) Identification No.

W912EP22B0003 00800-1 Amendment 0001

(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.

52.249-5000 BASIS FOR SETTLEMENT OF PROPOSALS (MAR 2013)

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 termination 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.

W912EP22B0003 00800-2 Amendment 0001

(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.

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.

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.

DISTRIBUTING SOLICITATION AMENDMENTS VIA SAM.GOV

Solicitation amendments will be distributed using the Federal Business Opportunities (FedBizOpps.Gov) system at http://www.sam.gov.

In order to receive notification of any amendments to this solicitation, interested vendors must REGISTER TO RECEIVE NOTIFICATION on the System for Award Management (SAM.gov) at http://www.sam.gov. If you are

W912EP22B0003 00800-3 Amendment 0001 not registered, the Government is not responsible with providing you with notification of any changes to this solicitation.

In addition, in order to generate a Plan Holders List, all interested bidders must also REGISTER AS INTERESTED VENDOR which is also located on the System for Award Management (SAM.gov) at http://www.sam.gov.

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 email to Anelis.I.Nazario-Castillo@usace.army.mil. Inquiries and requests that are directed to any other person may not be relayed to the proper person and, therefore, may not be answered.

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"

W912EP22B0003 00800-4 Amendment 0001 on Standard Form 24? Power of Attorney is also required to accompany the bond. Is the penal sum marked in? If an individual surety (or sureties) is (are) guaranteeing the bid bond, have the requirements of the Pledges Of Assets clause of this solicitation been satisfied and are the supporting documents included with the bond?

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

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

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

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

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

NOTIFICATION TO UNSUCCESSFUL BIDDERS

In accordance with FAR 14.409-1, unsuccessful bidders will be notified, in writing or electronically within 3 days of contract award, that their bid was not accepted. Award synopsis as well as the Bid Abstract will be posted to the System for Award Management (SAM.gov) at http://www.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.

ELECTRONIC BIDS

(a) Definition.

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

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

Electronic bids are subject to the same rules as paper bids. In addition to the electronic version, bidders must also submit the bid bond in hard copy in a sealed envelope to 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 bidder.

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

W912EP22B0003 00800-5 Amendment 0001

(e) The Offeror’s bid shall be submitted electronically, as described below. The use of hyperlinks in the proposal is prohibited. The offeror’s bid is due no later than 2:00 PM, EDT on 31 May 2022.

NOTE: The only authorized transmission method of proposals in response to the subject solicitation is electronically via the Procurement Integrated Enterprise Environment (PIEE) website. No other transmission methods, such as email, facsimile, hand-carried, proprietary or DOD SAFE submissions, proposals submitted by mail, ect. will be accepted. Bids submitted via any other transmission method other than the Procurement Integrated Enterprise Environment (PIEE) website will not be evaluated.

The bid must be received by the Government no later than the date/time specified in the solicitation and cited above.

Bidders shall submit their proposal using the following link:

https://piee.eb.mil/

Please submit bids utilizing the link above to Contracting Officer Tedra N. Thompson at Tedra.N.Thompson@usace.army.mil and carbon copy (CC) Contract Specialist, Anelis Nazario Castillo at Anelis.I.Nazario-Castillo@usace.army.mil.

Instructions for submitting electronic bids:

In an effort to reduce paperwork and cost, all bids shall be submitted electronically through the Procurement Integrated Enterprise Environment (PIEE) website.

Electronic copies shall be submitted through the Solicitation Module of PIEE at https://piee.eb.mil.

For instructions on how to establish an account in PIEE, please refer to the Vendor User Registration guide in the link below:

https://pieetraining.eb.mil/wbt/portal/portal/Vendor_Registration.pdf

Government Administrators cannot help vendors with their accounts. For issues with vendors account, please use the Vendor Customer Support link to submit an issue or contact the help desk.

Vendor Customer Support link:

https://cac.piee.eb.mil/xhtml/auth/web/homepage/vendorCustomerSupport.xhtml

Help Desk:

866-618-5988

Email: disa.global.servicedesk.mbx.eb-ticket-requests@mail.mil Fax: 801-605-7453

Help Desk Hours Monday - Friday, 06:30 – 24:00 EST

If there is a system outage, see below. All bids received after the exact time specified for receipt shall be treated as late submissions.

For instructions on how to post a bid, please refer to the Posting Offer demo in the link below:

https://pieetraining.eb.mil/wbt/sol/Posting_Offer.pdf. It is the Bidder’s responsibility to obtain written confirmation of receipt of all electronic files of the full bid by the Contracting office. The submission date for bids shall be no later than the date and time specified in Block 13 of the SF 1442 of the IFB. In the unlikely event the PIEE system is not operational, experiences technical difficulties, or a Contractor is temporarily unable to access or use the system, the Contractor shall immediately notify the Contracting Officer. This Notification must occur at least 24 hours prior to the proposal submission deadline. Contractor notification shall be in writing and may be in conjunction with

W912EP22B0003 00800-6 Amendment 0001 verbal notification, but verbal notification alone shall not be sufficient. The alternate method for proposal submission is via expedited delivery or hand-carried. The Bidder must obtain prior approval from the Contracting Officer to use the alternate submission method. The Contractor shall have 24 hours to provide their bid upon contracting officer approval. In the event that the Contractor alleges technical difficulties and does not notify the contracting officer until after the closing date and time, the contracting officer will follow the procedures identified in the Federal Acquisition Regulation (FAR) and then make a determination if the Contractor’s late proposal submission is accepted. Screen shots of the submission should be taken to validate a submission was accepted in the PIEE system.

You are limited to five (5) maximum files per upload (total size cannot exceed 1.9GB). If you have a large number of files, it is recommended that you combine or ZIP your files before uploading to the PIEE site. Bidders may use compression utility software such as WinZip or PKZip to reduce file size and facilitate transmission.

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

“W912EP22B0003 RESPONSE Firm name Bid.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.

Offerors shall prepare proposals in the English language. Proposals shall be in a narrative format, organized and titled so that each section of the proposal 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. Bidders should time their upload effort with prudence by not waiting until the last few minutes—this will allow for unexpected delays in the transmittal process. Submissions after the deadline may still be uploaded to the PIEE Solicitation Module 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.

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

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

(End of Paragraph)

W912EP22B0003 00800-7 Amendment 0001 k3ctctt9 Cross-Out

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 proposed subcontracting $500,000 Current progress payment $100,000 Percent of work completed x .10 Maximum retainage percentage x .10 Retainage $50,000 Retainage $10,000

Maximum that can be retained is $10,000

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

Maximum that can be retained is $10,000

(End of paragraph)

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

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(2) Sources of information within Florida:

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

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

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

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

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

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

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

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

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

(4) Sources of information within Puerto Rico:

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

(B) San Juan PTAC 787-753-6861

SMALL BUSINESS SUBCONTRACTING PLAN

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

(a) The offeror shall submit a subcontracting plan to the Contracting Officer for review and approval prior to contract award. The subcontracting plan may be submitted with the bid or after the date set for receipt of bids based on the specific FAR Clause 52.219-9 Alternate used. If the plan is not submitted with the offer/bid, the Contracting Officer will request the plan and specify the due date. Subcontracting plans will be evaluated in accordance with FAR 52.219-9. PGI 219.7—THE SMALL BUSINESS SUBCONTRACTING PROGRAM (See DFARS 219.7, DFARS/PGI view).

Acceptability of the plan will be one of the elements considered by the Contracting Officer when determining contractor responsibility prior to award of a contract.

(b) Subcontract Target Goals have not been identified for this procurement. Contractors should propose small business subcontracting goals that are meaningful and realistic with positive percentage goals for the specific procurement. In accordance with DFARS 219.705-4 a small disadvantaged business goal of less than five percent must be supported and approved one level above the contracting officer.

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

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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.

TERMINATION FOR DEFAULT FOR FAILURE TO PROVIDE ACCEPTABLE PERFORMANCE AND

PAYMENT BONDS

If the successful offeror, upon acceptance of its offer by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bonds within 2 workdays after receipt of the notice of award by the offeror, the Contracting Officer may terminate the contract for default.

NOTICE OF FEDERAL, STATE, AND LOCAL TAXES—CONTRACTS PERFORMED IN PUERTO RICO

This contract includes one of the following clauses: FAR 52.229-3, Federal, State, And Local Taxes; FAR 52.229- 4, Federal, State, And Local Taxes (Noncompetitive Contract); or FAR 52.212-4, Contract Terms And Conditions— Commercial Items. These clauses place responsibility for taxes on the Contractor. Offerors are hereby strongly advised to check with the various Puerto Rican taxing authorities to determine which, if any, local taxes they will have to pay. The Government is aware that each municipality in Puerto Rico has the authority to assess a tax on Government contractors working within the municipality. The tax rate varies from municipality to municipality.

We believe they currently range from 1.5% to 5.5% of the value of the contract. Additionally, the Government is aware that the Commonwealth imposes a tax on equipment brought onto the island. This notice is intended to advise offerors that local taxes may be imposed. The two examples cited are not intended to be a comprehensive list—they are merely examples. Questions concerning taxes must be directed to Puerto Rican taxing authorities.

The Government does not have the ability to answer questions regarding local taxes.

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

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Contractor wishes to participate in the performance evaluation process, access to CPARS and PKI certification is the sole responsibility of the Contractor.

WORKERS COMPENSATION INSURANCE (DEFENSE BASE ACT) (OCTOBER 2013)

(a) This Special Contract Requirement supplements FAR Clause 52.228-3 Workers’ Compensation Insurance (Defense Base Act).

(b) The contractor agrees to procure Defense Base Act (DBA) insurance coverage commercially from a DOL authorized insurance carrier under a self insurance program unless the contractor has a DBA self-insurance program approved by the Department of Labor at http://www.dol.gov/owcp/dlhwc/lscarrier.htm. Proof of this self-insurance shall be provided to the Contracting Officer. The contractor shall submit proof of a valid DBA Insurance policy for the Prime and their Subcontractor’s at every tier prior to performance of the contract.

(c) The contractor agrees to insert a Special Contract Requirement substantially the same as this one in all subcontracts (at every tier) to which DBA is applicable. Every subcontractor shall procure its own DBA Insurance coverage directly from a DOL authorized insurance carrier.

(d) Failure to comply and purchase Defense Base Act (DBA) Insurance in accordance with FAR Clauses 52.228-3 Workers’ Compensation Insurance (Defense Base Act) for the Prime and all of the Subcontractors at every tier, shall be considered a material breach and could cause your contract to be terminated for default/cause.

REQUIRED DEFENSE BASE ACT INSURANCE

(1) This Special Contract Requirement supplements FAR 52.228-3 and 52.228-5 requirement for DBA Insurance.

The contractor agrees to procure Defense Base Act (DBA) insurance coverage commercially available from a Department of Labor (DOL) authorized insurance carrier unless the contractor is under a self insurance program approved by the DOL or subject to a waiver. The DOL approved carriers and self insured employers are available at http://www.dol.gov/owcp/dlhwc/lscarrier.htm.

(2) Proof of this self-insurance, if any, shall be provided to the Contracting Officer. The contractor shall submit proof of a valid DBA Insurance policy for the Prime and the Subcontractors at every tier prior to performance of the contract.

(3) The contractor agrees to insert a Special Contract Requirement substantially the same as this one in all subcontracts (at every tier) to which DBA is applicable. Every subcontractor shall procure its own DBA insurance coverage directly from a DOL authorized insurance carrier.

(4) Failure to comply with the Defense Base Act and/or FAR Clause 52.228-3 Workers Compensation Insurance (Defense Base Act) shall be considered a material breach and could cause your contract to be terminated for default.

(5) Contractors should be aware that DBA insurance carriers and their respective brokers require detailed information prior to quoting and/or setting prices for DBA insurance policies. In order to ensure contractors forward DBA insurance brokers a complete and detailed application, and to avoid delays in the application process, information/documentation will be required which includes, but is not limited to, the following:

• Full Name of Insured or Company and Complete Mailing Address

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• Telephone Number and Fax Number

• Contact Person

• Email for Contact Person

• Coverage Effective Date

• Contract or Task Order Number

• Clear description of operations (scope/statement of work, etc.)

• Performance location(s)

• Estimated size of payroll (total labor cost)

• Description of security measures at each site, if applicable

• Description of medical facilities at each site, if applicable

• Description of evaluation plans, if applicable

• Description of loss (claims) information, if applicable

It is noted that for commercial DBA insurance:

(a) Each DBA insurance application is viewed on its own merits by the DBA insurance underwriters.

(b) There are no set prices for DBA insurance in the open market. The carriers charge for the exposure and/or risk they are taking on as per their individual pricing guidelines.

(c) Open market insurance carriers (to include DBA insurance underwriters) require minimum premiums charges which vary per insurance carrier. The minimum premium charges are attributable to the performance location, contractor’s claim (loss) history, risk/exposure, the insured’s experience in the line of work, and costs of issuing a policy.

(6) The following Liability applies:

(a) Workers Compensation and Employer's Liability.

(i). Compliance with applicable workmen's compensation and occupational diseases statutes is required. (If occupational diseases are not compensable under applicable statutes, coverage may be under employer's liability insurance.)

(ii) Employer's liability $100,000.00

(b) General Liability (comprehensive form policy).

(i) Bodily injury per occurrence $500,000.00

(ii) Property damage per occurrence $500,000.00

(c) Automobile Liability (comprehensive form policy).

(i). Bodily injury per person $200,000.00 (ii). Bodily injury per accident $500,000.00 (iii). Property damage per accident $20,000.00

(S-102) CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR PROCESSING DAVIS-

BACON ACT CERTIFIED LABOR PAYROLLS

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

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

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

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

LABOR LAWS

(a) The Davis-Bacon Act is not applicable to contract work performed in the Commonwealth of Puerto Rico or the U.S. Virgin Islands and the Service Contract Act has been held not to apply to construction contracts.

(b) If a DOL wage determination is included in this contract, the Contractor shall pay not less than the wages and fringe benefits specified in the wage determination.

(c) In accordance with the Permits and Responsibilities clause of this contract, the Contractor shall be responsible for complying with any local labor laws, codes, and regulations that apply to the work performed under this contract.

(d) If work under this contract is performed in the Commonwealth of Puerto Rico, the Contractor is advised to consult with the Commonwealth's Department of Labor for the purpose of reviewing applicable local labor laws which may contain specific rules for computing overtime and the amount of overtime pay laborers and mechanics must be paid. Any such applicable local labor law imposing stricter overtime rules than those contained in the Contract Work Hours and Safety Standards Act -- Overtime Compensation clause of this contract (i.e., provides greater benefits to laborers and mechanics) may apply in lieu of the rules contained in that clause.

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(e) If this contract is a NAFI contract and includes DA Form 4075-R, the clauses that relate to implementation of the Davis-Bacon Act (e.g., I-22, I-23, I-37, I-38, I-59, I-60, I-63, I-64, I-65, and I-66) are hereby deleted from the form and the contract.

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.

CONTRACTING OFFICER'S PROJECT BUSINESS ADDRESS

Once the contract is awarded, all communication, submittals, and inquiries by the Contractor regarding the project shall be directed and addressed to the Antilles Area Office. All communications to be in the English language.

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La Chuleta Disposal Site Solicitation No. W912EP22B0003 Rio Puerto Nuevo Project

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 22 00

MEASUREMENT AND PAYMENT

07/21

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 Temporary Construction Facilities and Controls (Line Item 0002)

1.4.3 Environmental Monitoring (Line Item 0003)

1.4.4 Demolition (Line Item 0004)

1.4.5 Maintenance of Traffic…