W912EP23B0008 AMENDMENT 0007 FINAL.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

SAN JUAN HARBOR CONSTRUCTION AND MAINTENANCE DREDGING 44-FOOT & 36-FOOT PROJECT DREDING, SAN JUAN, PUERTO RICO

1. See SF30 Continuation Sheet for Amendment details.

2. The bid due date has been extended to May 9, 2023 at 1:00 PM.

3. The bid opening has been extended to May 9, 2023 at 2:00 PM.

1. CONTRACT ID CODE PAGE OF PAGES

J 1

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 W912EP23B0008

X 9B. DATED (SEE ITEM 11)

07-Mar-2023

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

28-Apr-2023

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

San Juan Harbor Construction and Maintenance Dredging, 44-Foot & 36-Foot Project, San Juan, Puerto Rico

W912EP23B0008 2 Amendment 0007

SUMMARY OF CHANGES

1. SPECIFICATIONS:

Text changes have been updated with additions noted by underlined text and deletions noted by line/cross-outs except for Section 00010A LINE ITEMS AND PRICING SCHEDULE which was reorganized. These text changes pertain only to changes made by this amendment.

DELETE the SF 1442 and REPLACE with the attached revised SF 1442.

DELETE Section 00010A and REPLACE with the attached revised Section 00010A.

DELETE the electronic bids paragraph in Section 00100 and REPLACE with the attached revised electronic bids paragraph in Section 00100.

DELETE Section 00700 and REPLACE with the attached revised Section 00700 to change clauses: FAR 52.211-10 and FAR 52.217-7.

DELETE Section 01 11 00 and REPLACE with the attached revised Section 01 11 00.

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

DELETE sign appended after the end of Section 01 50 02 and REPLACE with appended sign.

DELETE Section 01 57 20 and REPLACE with the attached revised Section 01 57 20.

DELETE Section 01 57 20, Appendix B and REPLACE with the attached revised Section 01 57 20, Appendix B.

2. DRAWINGS:

DELETE Sheet ID G-01 and REPLACE with the attached revised Sheet ID G-01.

DELETE Sheet ID G-02 and REPLACE with the attached revised Sheet ID G-02.

DELETE Sheet ID G-03 and REPLACE with the attached revised Sheet ID G-03.

DELETE Sheet ID C-06b and REPLACE with the attached revised Sheet ID C-06b.

DELETE Sheet ID C-12b and REPLACE with the attached revised Sheet ID C-12b.

DELETE Sheet ID C-13b and REPLACE with the attached revised Sheet ID C-13b.

DELETE Sheet ID C-14b and REPLACE with the attached revised Sheet ID C-14b.

DELETE Sheet ID C-20 and REPLACE with the attached revised Sheet ID C-20.

DELETE Sheet ID C-21 and REPLACE with the attached revised Sheet ID C-21.

DELETE Sheet ID C-22 and REPLACE with the attached revised Sheet ID C-22.

(End of Summary of Changes)

SAN JUAN HARBOR CONSTRUCTION AND MAINTENANCE DREDGING 44-FOOT & 36-FOOT PROJECT, SAN JUAN, PUERTO RICO

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

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

MAGNITUDE OF CONSTRUCTION IS BETWEEN $25,000,000 - $100,000,000.00.

THIS SOLICITATION IS UNRESTRICTED. THE NAICS CODE FOR THIS PROJECT IS 237990 AND THE SMALL BUSINES SIZE STANDARD IS $37 MILLION. YOU MUST BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT (SAM) TO RECEIVE AN AWARD FROM THIS SOLICITATION. THE SAM WEBSITE IS LOCATED AT w w w .sam.gov.

IN ACCORDANCE WITH (IAW) FAR CLAUSE 52.236-27, AN ORGANIZED SITE VISIT HAS BEEN SCHEDULED. SEE FAR 52.236-27, ALT I IN

SECTION 00100 FOR DETAILS.

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

**SEE ELECTRONIC BIDS IN SECTION 00800

A PRE-BID CONFERENCE WILL BE HELD ON 21 MARCH 2023 AT 1:00 PM (AST) FOR VIRTUAL AND IN PERSON ATTENDANCE. WEBEX INFO PROVIDED BELOW. THE BID OPENING WILL BE HELD VIRTUALLY VIA WEBEX ON 5 MAY 9 MAY 2023 AT 2:00 PM. UTILIZE THE WEBEX INFO PROVIDED BELOW: https://usace1.w ebex.com/meet/adeline.f.fuata;

Audio Teleconference: 1-844-800-2712 (US Toll Free); 1-669-234-1177 (US Toll); Access Code: 2761 122 9179

X

ADELINE F FUATA

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

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

NEGOTIATED

07-Mar-2023

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______60 calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________**SECTION00700

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time 09 M_________ay 2023_____ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

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

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

USA ENGINEER DISTRICT, JACKSONVILLE

CONTRACTING DIVISION

701 SAN MARCO BLVD

JACKSONVILLE FL 32207-8175

W912EP

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

01:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

W912EP23B0008 211

k3ctcaff Cross-Out k3ctcaff Cross-Out

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

SF 1442 CONTINUATION SHEET

San Juan Harbor Construction and Maintenance Dredging, 44-Foot & 36- Foot Project, San Juan, Puerto Rico

1. BIDDERS ARE NOTIFIED THAT THE DEPARTMENT OF ARMY PERMITS FOR THE COD AND

PUMA BERTHING AREAS ARE CURRENTLY PENDING BUT WILL BE PROVIDED UPON

WRITTEN NOTICE OF EXCERCISING OPTIONS C AND D.

W912EP23B0008 5 AMENDMENT 0007

SECTION 00010A

LINE ITEMS AND PRICING SCHEDULE

SAN JUAN HARBOR CONSTRUCTION AND MAINTENANCE DREDGING

44-FOOT & 36-FOOT PROJECT

SAN JUAN, PUERTO RICO

LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

BASE

0001 MOBILIZATION AND DEMOBILIZATION JOB $_______________

0002 EXCAVATION, UNCLASSIFIED

CUT-6 AND ANEGADO STA 3+00 THRU ATTB

ESTIMATED QUANTITY (SEE NOTE 2) 2,078,000 CUBIC YARD $___________ $_______________

0003 EXCAVATION, UNCLASSIFIED

SAN ANTONIO CHANNEL, CRUISE SHIP BASIN WEST,

AND CRUISE SHIP BASIN EAST

ESTIMATED QUANTITY (SEE NOTE 2) 426,000 CUBIC YARD $___________ $_______________

0004 EXCAVATION, UNCLASSIFIED

MAINTENANCE DREDGING AREAS

ESTIMATED QUANTITY (SEE NOTE 2) 78,000 CUBIC YARD $___________ $_______________

0005 ENVIRONMENTAL SPECIES MONITORING JOB $_______________

0006 TURBIDITY MONITORING JOB $_______________

0007 STANDBY TIME (SEE NOTE 3) 24 HOUR $___________ $_______________

0008 PARTNERING REGROUP 1 EACH $___________ $_______________

0009 CONSTRUCTION/VIBRATION CONTROL AND MONITORING JOB $_______________

BASE SUBTOTAL (LINE ITEMS 0001 THROUGH 0009) $_______________

0010 MUNICIPAL TAXES (5.5 % OF THE BASE SUBTOTAL) JOB $_______________

TOTAL BASE (LINE ITEMS 0001 THROUGH 0010) $_______________

OPTION A

0011 EXCAVATION, UNCLASSIFIED

PRPA CRUISE BERTHS

ESTIMATED QUANTITY (SEE NOTE 2) 47,000 CUBIC YARD $___________ $_______________

0012 EXCAVATION, UNCLASSIFIED

PAN AMERICAN BERTHS

ESTIMATED QUANTITY (SEE NOTE 2) 50,000 CUBIC YARD $___________ $_______________

W912EP23B0008 00010A - 1 AMENDMENT 0007

SAN JUAN HARBOR CONSTRUCTION AND MAINTENANCE DREDGING

44-FOOT & 36-FOOT PROJECT

SAN JUAN, PUERTO RICO

LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

OPTION A (CONTINUED)

0013 ENVIRONMENTAL SPECIES MONITORING JOB $_______________

0014 TURBIDITY MONITORING JOB $_______________

0015 CONSTRUCTION/VIBRATION CONTROL AND MONITORING JOB $_______________

OPTION A SUBTOTAL (LINE ITEMS 0011 THROUGH 0015) $_______________

0016 MUNICIPAL TAXES (5.5 % OF THE OPTION A SUBTOTAL) JOB $_______________

TOTAL OPTION A (LINE ITEMS 0011 THROUGH 0016) $_______________

TOTAL BASE PLUS OPTION A (LINE ITEMS 0001 THROUGH 0016) $_______________

OPTION B

0017 EXCAVATION, UNCLASSIFIED

LNG BERTH, ESTIMATED QUANITY (SEE NOTE 2) 99,000 CUBIC YARD $___________ $_______________

0018 ENVIRONMENTAL SPECIES MONITORING JOB $_______________

0019 TURBIDITY MONITORING JOB $_______________

0020 CONSTRUCTION/VIBRATION CONTROL AND MONITORING JOB $_______________

OPTION B SUBTOTAL (LINE ITEMS 0017 THROUGH 0020) $_______________

0021 MUNICIPAL TAXES (5.5% OF THE OPTION B SUBTOTAL) JOB $_______________

TOTAL OPTION B (LINE ITEMS 0017 THROUGH 0021) $_______________

TOTAL BASE PLUS OPTIONS A AND B (LINE ITEMS 0001 THROUGH 0021) $_______________

W912EP23B0008 00010A - 2 AMENDMENT 0007

SAN JUAN HARBOR CONSTRUCTION AND MAINTENANCE DREDGING

44-FOOT & 36-FOOT PROJECT

SAN JUAN, PUERTO RICO

LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

OPTION C (SEE NOTE 5)

0022 EXCAVATION, UNCLASSIFIED

PUMA BERTH, ESTIMATED QUANTITY (SEE NOTE 2) 31,000 CUBIC YARD $___________ $_______________

0023 ENVIRONMENTAL SPECIES MONITORING JOB $_______________

0024 TURBIDITY MONITORING JOB $_______________

0025 CONSTRUCTION/VIBRATION CONTROL AND MONITORING JOB $_______________

OPTION C SUBTOTAL (LINE ITEMS 0022 THROUGH 0025) $_______________

0026 MUNICIPAL TAXES (5.5% OF THE OPTION C SUBTOTAL) JOB $_______________

TOTAL OPTION C (LINE ITEMS 0022 THROUGH 0026) $_______________

TOTAL BASE PLUS OPTIONS A, B AND C (LINE ITEMS 0001 THROUGH 0026) $_______________

OPTION D (SEE NOTE 5)

0027 EXCAVATION, UNCLASSIFIED

COD BERTH, ESTIMATED QUANTITY (SEE NOTE 2) 34,000 CUBIC YARD $___________ $_______________

0028 ENVIRONMENTAL SPECIES MONITORING JOB $_______________

0029 TURBIDITY MONITORING JOB $_______________

0030 CONSTRUCTION/VIBRATION CONTROL AND MONITORING JOB $_______________

OPTION D SUBTOTAL (LINE ITEMS 0027 THROUGH 0030) $_______________

0031 MUNICIPAL TAXES (5.5% OF THE OPTION D SUBTOTAL) JOB $_______________

TOTAL OPTION D (LINE ITEMS 0027 THROUGH 0031) $_______________

TOTAL BID (LINE ITEMS 0001 THROUGH 0031) $_______________

SEE NOTES ON NEXT PAGE.

W912EP23B0008 00010A - 3 AMENDMENT 0007

SAN JUAN HARBOR CONSTRUCTION AND MAINTENANCE DREDGING

44-FOOT & 36-FOOT PROJECT

SAN JUAN, PUERTO RICO

NOTES (1) BID MUST PRICE ALL LINE ITEMS.

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

BETWEEN THE DATES OF THE SURVEYS AND THE ACTUAL DREDGING.

(3) STANDBY TIME IS DEFINED AS WHEN, AT THE DIRECTION OF THE CONTRACTING OFFICER, THE DREDGE IS PUT OUT OF OPERATION FOR REASONS OUTSIDE THE REQUIREMENTS IN THE CONTRACT. SEE SECTION

01 22 00 MEASUREMENT AND PAYMENT.

(4) OPTIONAL ITEMS WILL BE EXERCISED IN ACCORDANCE WITH CLAUSE 52.217-7 (SECTION 00700).

(5) BIDDERS ARE NOTIFIED THAT THE DEPARTMENT OF ARMY PERMITS FOR THE COD AND PUMA BERTHING AREAS ARE CURRENTLY PENDING BUT WILL BE PROVIDED UPON WRITTEN NOTICE OF EXERCISING OPTIONS

C AND D.

W912EP23B0008 00010A - 4 AMENDMENT 0007

ELECTRONIC BIDS

(a) Definition.

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

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

Electronic bids are subject to the same rules as paper bids.

(c) If any portion of bid received by the Contracting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document

(1) The Contracting Officer shall immediately notify the offeror and permit the offeror to resubmit the bid if the bid has been received prior to due date indicated in the solicitation;

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

(ci) 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.

(cii) 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 1:00 PM, EDT on 5 May 9 May 2023.

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/

Instructions for submitting electronic bids:

THE BID OPENING WILL BE HELD VIRTUALLY VIA WEBEX ON 5 May 9 May 2023 AT 2:00 PM EDT, SEE INFORMATION BELOW:

. Webex Link: https://usace1.webex.com/meet/adeline.f.fuata;

. Call In Info:1-844-800-2712 (US Toll Free), 1-669-234-1177 (US Toll);

. Access Code: 2761 122 9179

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

W912EP23B0008 00100-1 AMENDMENT 0007

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 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

(a) “SOLICITATION NUMBER RESPONSE FIRM NAME.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, Adeline Fuata, at (adeline.f.fuata@usace.army.mil) but be advised, they will be considered late and as such, will be processed in accordance with FAR 14.304 and FAR 52.214-7.

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)

W912EP23B0008 00100-2 AMENDMENT 0007

SECTION 00700 - CONTRACT CLAUSES

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

JUN 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.210-1 Market Research NOV 2021 52.211-10 Commencement, Prosecution, and Completion of Work APR 1984 52.211-12 Liquidated Damages--Construction SEP 2000 52.211-18 Variation in Estimated Quantity APR 1984 52.214-26 Audit and Records--Sealed Bidding JUN 2020 52.214-27 (Dev) Price Reduction for Defective Certified Cost or Pricing Data -

Modifications - Sealed Bidding (DEVIATION 2022-O0001)

OCT 2021

52.214-28 (Dev) Subcontractor Certified Cost Or Pricing Data--Modifications- -Sealed Bidding (DEVIATION 2022-O0001)

OCT 2021

52.217-5 Evaluation Of Options JUL 1990 52.217-7 Option For Increased Quantity-Separately Priced Line Item MAR 1989 52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-9 Alt I Small Business Subcontracting Plan (NOV 2021) Alternate I NOV 2016 52.219-16 Liquidated Damages-Subcontracting Plan SEP 2021 52.219-28 Post-Award Small Business Program Rerepresentation SEP 2021 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards - Overtime

Compensation

MAY 2018

52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016

W912EP23B0008 00700-i AMENDMENT 0007

52.222-27 Affirmative Action Compliance Requirements for Construction

APR 2015

52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons NOV 2021 52.222-54 Employment Eligibility Verification DEC 2021 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-6 Drug-Free Workplace MAY 2001 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

52.225-11 (Dev) Buy American - Construction Materials Under Trade Agreements (DEVIATION 2020-O0019)

NOV 2021

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.226-1 Utilization Of Indian Organizations And Indian-Owned

Economic Enterprises

JUN 2000

52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

JUN 2020

52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-1 Bid Guarantee SEP 1996 52.228-2 Additional Bond Security OCT 1997 52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.228-11 (Dev) Individual Surety--Pledge of Assets (DEVIATION 2020-

O0016)

FEB 2021

52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-14 Irrevocable Letter of Credit NOV 2014 52.228-15 (Dev) Performance and Payment Bonds-Construction. (Deviation

2020-O0016)

JUN 2020

52.229-3 Federal, State And Local Taxes FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I APR 1984 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUL 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-1 Performance of Work by the Contractor APR 1984 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-4 Physical Data APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984

W912EP23B0008 00700-ii AMENDMENT 0007

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Alt I Accident Prevention (Nov 1991) - Alternate I NOV 1991 52.236-15 Schedules for Construction Contracts APR 1984 52.236-16 Quantity Surveys APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.236-5008 Value Engineering after Award AUG 2016 52.242-5 Payments to Small Business Subcontractors JAN 2017 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.244-6 Subcontracts for Commercial Products and Commercial

Services

JAN 2022

52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering-Construction OCT 2020 52.249-2 Alt I Termination for Convenience of the Government (Fixed-

Price) (Apr 2012) - Alternate I

SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984 52.252-2 Clauses Incorporated By Reference FEB 1998 52.252-6 Authorized Deviations In Clauses NOV 2020 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7004 Display of Hotline Posters AUG 2019 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7022 Expediting Contract Closeout MAY 2021 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019 252.222-7000 Restriction On Employment Of Personnel MAR 2000 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7004 Drug Free Work Force SEP 1988 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.223-7999 (Dev) Ensuring Adequate COVID-19 Safety Protocols for Federal

Contractors (Deviation 2021-O0009)

OCT 2021

252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

APR 2019

252.227-7033 Rights in Shop Drawings APR 1966 252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7010 Levies on Contract Payments DEC 2006

W912EP23B0008 00700-iii AMENDMENT 0007

252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7001 Contract Drawings, and Specifications AUG 2000 252.236-7002 Obstruction of Navigable Waterways DEC 1991 252.236-7004 Payment for Mobilization and Demobilization DEC 1991 252.236-7008 Contract Prices-Bidding Schedules DEC 1991 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.247-7023 Transportation of Supplies by Sea FEB 2019

W912EP23B0008 00700-iv AMENDMENT 0007

Section 00700 - CONTRACT CLAUSES

52.202-1 DEFINITIONS (JUN 2020)

When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless--

(a) The solicitation, or amended solicitation, provides a different definition;

(b) The contracting parties agree to a different definition;

(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning;

(d) The word or term is defined in FAR part 31, for use in the cost principles and procedures; or

(e) The word or term defines an acquisition-related threshold, and if the threshold is adjusted for inflation as set forth in FAR 1.109(a), then the changed threshold applies throughout the remaining term of the contract, unless there is a subsequent threshold adjustment; see FAR 1.109(d).

(End of clause)

52.203-3 GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative--

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government;

and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled--

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

(End of clause)

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

(a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or

W912EP23B0008 00700-1 AMENDMENT 0007

violation of this warranty, the Government shall have the right to annul this contract without liability or, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.

(b) "Bona fide agency," as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.

"Bona fide employee," as used in this clause, means a person, employed by a contractor and subject to the contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.

"Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.

"Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.

(End of clause)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020)

(a) Except as provided in (b) of this clause, the Contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow-on production contract.

(b) The prohibition in (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation.

(c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this contract which exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation

2.101 on the date of subcontract award.

(End of Clause)

52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020)

(a) Definitions.

"Kickback," as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract.

"Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.

"Prime contract," as used in this clause, means a contract or contractual action entered into by the United States for

W912EP23B0008 00700-2 AMENDMENT 0007

the purpose of obtaining supplies, materials, equipment, or services of any kind.

"Prime Contractor," as used in this clause, means a person who has entered into a prime contract with the United States.

"Prime Contractor employee," as used in this clause, means any officer, partner, employee, or agent of a prime Contractor.

"Subcontract," as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract.

"Subcontractor," as used in this clause, (1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and (2) includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor.

"Subcontractor employee," as used in this clause, means any officer, partner, employee, or agent of a subcontractor.

(b) 41 U.S.C. chapter 87, Kickbacks, prohibits any person from--

(1) Providing or attempting to provide or offering to provide any kickback;

(2) Soliciting, accepting, or attempting to accept any kickback; or

(3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor.

(c)(1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships.

(2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Attorney General.

(3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b) of this clause.

(4) The Contracting Officer may (i) offset the amount of the kickback against any monies owed by the United States under the prime contract and/or (ii) direct that the Prime Contractor withhold, from sums owed a subcontractor under the prime contract, the amount of any kickback. The Contracting Officer may order the monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4)(i) of this clause. In either case, the Prime Contractor shall notify the Contracting Officer when the monies are withheld.

(5) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c)(5) but excepting paragraph (c)(1) of this clause, in all subcontracts under this contract that exceed the threshold specified in Federal Acquisition Regulation 3.502-2(i) on the date of subcontract award.

(End of Clause)

W912EP23B0008 00700-3 AMENDMENT 0007

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER

ACTIVITY (MAY 2014)

(a) If the Government receives information that a contractor or a person has violated 41 U.S.C. 2102-2104, Restrictions on Obtaining and Disclosing Certain Information, the Government may--

(1) Cancel the solicitation, if the contract has not yet been awarded or issued; or

(2) Rescind the contract with respect to which--

(i) The Contractor or someone acting for the Contractor has been convicted for an offense where the conduct violates 41 U.S.C. 2102 for the purpose of either--

(A) Exchanging the information covered by such subsections for anything of value; or

(B) Obtaining or giving anyone a competitive advantage in the award of a Federal agency procurement contract; or

(ii) The head of the contracting activity has determined, based upon a preponderance of the evidence, that the Contractor or someone acting for the Contractor has engaged in conduct punishable under 41 U.S.C. 2105(a).

(b) If the Government rescinds the contract under paragraph (a) of this clause, the Government is entitled to recover, in addition to any penalty prescribed by law, the amount expended under the contract.

(c) The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law, regulation, or under this contract.

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

(a) The Government, at its election, may reduce the price of a fixed-price type contract and the total cost and fee under a cost-type contract by the amount of profit or fee determined as set forth in paragraph (b) of this clause if the head of the contracting activity or designee determines that there was a violation of 41 U.S.C. 2102 or 2103, as implemented in section 3.104 of the Federal Acquisition Regulation.

(b) The price or fee reduction referred to in paragraph (a) of this clause shall be--

(1) For cost-plus-fixed-fee contracts, the amount of the fee specified in the contract at the time of award;

(2) For cost-plus-incentive-fee contracts, the target fee specified in the contract at the time of award, notwithstanding any minimum fee or "fee floor" specified in the contract;

(3) For cost-plus-award-fee contracts--

(i) The base fee established in the contract at the time of contract award;

(ii) If no base fee is specified in the contract, 30 percent of the amount of each award fee otherwise payable to the Contractor for each award fee evaluation period or at each award fee determination point.

(4) For fixed-price-incentive contracts, the Government may--

(i) Reduce the contract target price and contract target profit both by an amount equal to the initial target profit specified in the contract at the time of contract award; or

W912EP23B0008 00700-4 AMENDMENT 0007

(ii) If an immediate adjustment to the contract target price and contract target profit would have a significant adverse impact on the incentive price revision relationship under the contract, or adversely affect the contract financing provisions, the Contracting Officer may defer such adjustment until establishment of the total final price of the contract. The total final price established in accordance with the incentive price revision provisions of the contract shall be reduced by an amount equal to the initial target profit specified in the contract at the time of contract award and such reduced price shall be the total final contract price.

(5) For firm-fixed-price contracts, by 10 percent of the initial contract price or a profit amount determined by the Contracting Officer from records or documents in existence prior to the date of the contract award.

(c) The Government may, at its election, reduce a prime contractor's price or fee in accordance with the procedures of paragraph (b) of this clause for violations of the statute by its subcontractors by an amount not to exceed the amount of profit or fee reflected in the subcontract at the time the subcontract was first definitively priced.

(d) In addition to the remedies in paragraphs (a) and (c) of this clause, the Government may terminate this contract for default. The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law or under this contract.

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN

2020)

(a) Definitions. As used in this clause--

Agency means executive agency as defined in Federal Acquisition Regulation (FAR) 2.101.

Covered Federal action means any of the following actions:

(1) Awarding any Federal contract.

(2) Making any Federal grant.

(3) Making any Federal loan.

(4) Entering into any cooperative agreement.

(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.

Indian tribe and tribal organization have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.

Influencing or attempting to influence means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

Officer or employee of an agency includes the following individuals who are employed by an agency:

W912EP23B0008 00700-5 AMENDMENT 0007

(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.

(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.

(3) A special Government employee, as defined in section 202, Title 18, United States Code.

(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2.

Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

Reasonable compensation means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.

Reasonable payment means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.

Recipient includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization…