W912EP22B0004 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

TAMPA HARBOR MAINTENANCE DREDGING, 45-FOOT PROJECT- EGMONT CHANNEL CUTS 1 & 2, 43-FOOT PROJECT – MULLET KEY

CHANNEL & CUT-A (TB), HILLSBOROUGH COUNTY, FLORIDA

A. SEE CONTINUATION SHEET FOR AMENDMENT DETAILS.

B. THE PROPOSAL DUE DATE HAS BEEN CHANGED FROM MAY 3, 2022 @ 2:00 P.M. LOCAL TIME TO JUNE 28, 2022 @ 2:00 P.M. LOCAL

TIME.

1. CONTRACT ID CODE PAGE OF PAGES

1 14

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 W912EP22B0004

X 9B. DATED (SEE ITEM 11)

04-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 X is extended, is not extended.

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

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

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO.

5. PROJECT NO.(If applicable)

6. ISSUED BY

3.EFFECTIVE DATE

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:

22-Apr-2022

SF 30 CONTINUATION SHEET

TAMPA HARBOR MAINTENANCE DREDGING, 45-FOOT PROJECT- EGMONT CHANNEL CUTS 1 & 2, 43-FOOT

PROJECT – MULLET KEY CHANNEL & CUT-A (TB),

HILLSBOROUGH COUNTY, FLORIDA

SUMMARY OF CHANGES

1. SPECIFICATIONS:

The text changes have been updated with additions noted by green bold text and deletions noted by red 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 SECTION 00010A Attachment A INSTRUCTIONS FOR TECHNICAL INQUIRIES AND QUESTIONS AND REPLACE WITH ATTACHED REVISED SECTION 00010A Attachment A INSTRUCTIONS FOR TECHNICAL

INQUIRIES AND QUESTIONS.

DELETE SECTION 00800 SPECIAL REQUIREMENTS AND REPLACE WITH ATTACHED REVISED SECTION

00800 SPECIAL REQUIREMENTS.

Volume 2 of 2 – Technical Specifications:

NONE

2. DRAWINGS:

NONE

3. OTHER:

NOTE: A new amendment will be posted on or about 1 June 2022 to incorporate changes to the technical specifications.

(End of Summary of Changes)

W912EP22B0004 1 Amendment 0001

W912EP22B0004 00010A-1 Amendment 0001

SECTION 00010A, Attachment A

INSTRUCTIONS FOR TECHNICAL INQUIRIES AND QUESTIONS

Technical inquiries and questions relating to this solicitation are to be submitted via Bidder Inquiry in ProjNet at (https://www.projnet.org) No Later Than (NLT) 22 April 15 June 2022, 5:00 P.M. Local Time. To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access. A prospective vendor who submits a comment /question will receive an acknowledgement of their comment/question via email, followed by an answer to the comment/question after it has been processed by our technical team.

All timely questions and approved answers will be made available through ProjNet.

The Solicitation Number is: W912EP22B0004

The Bidder Inquiry Key is: JCX422-263Y7X

Specific Instructions for ProjNet Bid Inquiry Access from ProjNet home page:

1. Identify the Agency. This should be marked as USACE.

2. Email. Enter the email address you would like to use for communication.

3. Key. Enter the Bidder Inquiry Key listed above.

4. Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

5. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret

Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

6. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

Specific Instructions for Future ProjNet Bid Inquiry Access from ProjNet home page:

1. For future access to ProjNet, you will not be emailed any type of password. You will utilize your Secret Question and Secret Answer to log in.

2. Identify the Agency. This should be marked as USACE.

3. Email. Enter the email address you used to register previously in ProjNet.

4. Key. Enter the Bidder Inquiry Key listed above.

5. Click Continue. A page will then open asking you to enter the answer to your Secret Question.

6. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

Section 00800 - SPECIAL REQUIREMENTS

EQUIPMENT OWNERSHIP AND OPERATING EXPENSE

SCHEDULE (MAR 1995)

HAZARDOUS MATERIAL IDENTIFICATION AND

MATERIAL SAFETY DATA

BASIS FOR SETTLEMENT OF PROPOSALS

UNAUTHORIZED INSTRUCTIONS FROM

GOVERNMENT OR OTHER PERSONNEL

ESTABLISHING AUTHORITY OF PERSON(S) WHO

SIGN(S) THE OFFER

DISTRIBUTING SOLICITATION AMENDMENTS VIA

SAM.GOV

VARIATION IN ESTIMATED QUANTITY -- DREDGING

OBTAINING INFORMATION REGARDING THIS

SOLICITATION

BIDDER'S CHECKLIST -- CONSTRUCTION/DREDGING

CONTRACTS

NOTIFICATION TO UNSUCCESSFUL BIDDERS

ELECTRONIC BIDS

U.S. ARMY CORPS OF ENGINEERS SAFETY AND

HEALTH REQUIREMENTS MANUAL, EM 385-1-1

DREDGING SAFETY MANAGEMENT PROGRAM

TERMINATION FOR DEFAULT FOR FAILURE TO

PROVIDE ACCEPTABLE PERFORMANCE AND

PAYMENT BONDS

CONSTRUCTION CONTRACTOR PERFORMANCE

EVALUATIONS

NOTICE TO MARINERS -- CONSTRUCTION

CONTRACTS

CONTRACTORS USE OF ELECTRONIC SOFTWARE

FOR PROCESSING DAVIS-BACON ACT CERTIFIED

LABOR PAYROLLS (APRIL 2011)

ENGLISH SPEAKING REPRESENTATIVE

W912EP22B0004 00800-i 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)

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.

W912EP22B0004 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.

(End of Paragraph)

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.

W912EP22B0004 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.

(End of Paragraph)

UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT OR OTHER PERSONNEL

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

(End of Paragraph)

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

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

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

(b) Partnership. A contract with a partnership shall be signed in the partnership name. Before signing for the Government, the contracting officer shall obtain a list of all partners and ensure that the individual(s) signing for the partnership have authority to bind the partnership.

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

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

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

(End of Paragraph)

DISTRIBUTING SOLICITATION AMENDMENTS VIA SAM.GOV

Solicitation amendments will be distributed using the System for Award Management (SAM.gov) 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

W912EP22B0004 00800-3 Amendment 0001 http://www.sam.gov/ 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 offerors must also REGISTER AS INTERESTED VENDOR which is also located on the System for Award Management (SAM.gov) at http://www.sam.gov.

(End of Paragraph)

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?

W912EP22B0004 00800-4 Amendment 0001

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

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

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

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

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

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

NONRESPONSIVE.

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

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

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

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

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

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

(End of Paragraph)

NOTIFICATION TO UNSUCCESSFUL BIDDERS

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

(End of Paragraph)

ELECTRONIC BIDS

Definition.

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

Offerors must submit electronic bids in responses to this solicitation in order to be considered for award.

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

W912EP22B0004 00800-5 Amendment 0001 http://www.fbo.gov/

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 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;

The method and time for resubmission shall by prescribed by the Contracting Officer after consultation with the offeror.

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

The Offeror’s bid shall be submitted electronically, as described below. The use of hyperlinks in the bid is prohibited. The offeror’s bid is due no later than 2:00 PM, local time on 3 May 2022 28 June 2022.

NOTE: The only authorized transmission method of bids 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, bids submitted by mail, ect. will be accepted.

Offers submitted via any other transmission method other than the Procurement Integrated Enterprise Environment (PIEE) website will not be evaluated.

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://piee.eb.mil/

Please submit bids utilizing the link above to Contracting Officer Manuela D. Voicu at Manuela.D.Voicu@usace.army.mil and carbon copy (CC) Contract Specialist, Timothy Humphrey at Timothy.G.Humphrey@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 of each volume shall be submitted through the Solicitation Module of PIEE at https://piee.eb.mil.

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 an offer, please refer to the Posting Offer demo:

https://pieetraining.eb.mil/wbt/sol/Posting_Offer.pdf. It is the Offeror’s responsibility to obtain written confirmation of receipt of all electronic files of the full bid by the Contracting office. The submission date for all Volumes shall be no later than the date and time specified in Block 13 of the SF 1442 of the Solicitation. 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 prior to the bid submission deadline. Contractor notification shall be in writing and may be in conjunction with verbal notification, but verbal notification alone shall not be sufficient. The alternate method for bid submission is via expedited delivery or hand-carried. The Offeror 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 bid 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 2GB). If you have a large number of files, it is recommended that you combine or ZIP your files before uploading to the PIEE site. Offerors 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 W912EP22B0004 00800-6 Amendment 0001 mailto:Tedra.N.Thompson@usace.army.mil

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

“W912EP22B0004 RESPONSE Firm name Volume I.pdf” “W912EP22B0004 RESPONSE Firm name Volume II.pdf” “W912EP22B0004 RESPONSE Firm name Volume III.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. 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 Timothy Humphrey at (Timothy.G.Humphrey@usace.army.mil) but be advised, they will be considered late and as such, will be processed in accordance with FAR 15.208.

Submission shall be in Adobe PDF format. 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. Offerors are responsible for ensuring that offers are submitted so as to reach the designated recipient. Offerors are responsible for allowing sufficient time for the offer to be received in accordance with the instructions provided.

(End of paragraph)

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

This paragraph applies to contracts and purchase orders that require the contractor to comply with EM 385-1-1 (e.g., contracts that include the Accident Prevention clause at FAR 52.236-13 and/or other safety provisions). EM 385-1-1 and its changes are available at 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.

W912EP22B0004 00800-7 Amendment 0001 mailto:Timothy.G.Humphrey@usace.army.mil mailto:Tedra.N.Thompson@usace.army.mil mailto:Anelis.I.Nazario-Castillo@usace.army.mil http://www.usace.army.mil/Missions/Safety-and-Occupational-Health/

(End of paragraph)

DREDGING SAFETY MANAGEMENT PROGRAM

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

(End of Paragraph)

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 10 workdays after receipt of the notice of award by the offeror, the Contracting Officer may terminate the contract for default.

(End of Paragraph)

CONSTRUCTION CONTRACTOR PERFORMANCE EVALUATIONS

In accordance with the provisions of Subpart 36.201 (Evaluation of Contractor Performance) of the Federal Acquisition Regulation (FAR), construction contractors’ performance shall be evaluated throughout the performance of the contract. The United States Army Corps of Engineers (USACE) follows the procedures outlined in Engineering and Construction Bulletin 2014-13 to fulfill this FAR requirement. For construction contracts awarded at $650,000.00 or more, the USACE will evaluate contractor's performance and prepare a performance report using the Contractor Performance Assessment Reporting System (CPARS), which is a web-based system. After an evaluation (interim or final) is written up by the USACE, the contractor will have the ability to access, review and comment on the evaluation for a period of 60 days. The evaluation will be transferred to the Past Performance Information Retrieval System (PPIRS) within 15 calendar days after issuance. However, it will remain with “Pending” status in PPIRS until the government official closes the form in CPARS. Contractors may access their own evaluations in PPIRS by registering as a user and obtaining specific software, called PKI certification, which is installed on the user's computer. The certification is a Department of Defense requirement and was implemented to provide security in electronic transactions. The average cost per certificate is about $100 - $120 per year and is purchased from an External Certificate Authorities (ECA) vendor. Current information about CPARS, PKI certification process and for contacting vendors can be found on the web site: http://www.cpars.gov. If the Contractor wishes to participate in the performance evaluation process, access to CPARS and PKI certification is the sole responsibility of the Contractor.

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W912EP22B0004 00800-8 Amendment 0001 http://www.cpars.gov/

NOTICE TO MARINERS -- CONSTRUCTION CONTRACTS

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

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

BACON ACT CERTIFIED LABOR PAYROLLS

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.

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W912EP22B0004 00800-9 Amendment 0001

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.

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W912EP22B0004 00800-10 Amendment 0001