B.08_W12EP25BA0070001_Am0001_07112025.pdf

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

or (c) By separate letter or electronic communication 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 letter or electronic communication, provided each letter or electronic communication 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 NUMBER AS DESCRIBED IN ITEM 14.

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

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, 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.)

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) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C. DATE SIGNED

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

FERNANDINA HARBOR, MAINTENANCE Block 14 (Description of Amendment/Modification):

DREDGING, NASSAU COUNTY, FLORIDA

W912EP25BA007 Amendment 0001

THE BID DUE DATE REMAINS UNCHANGED AT JULY 22, 2025 @ 1:00 PM EDT.

All other terms and conditions remain unchanged.

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 amendment. The entire section is replaced if there is any change.

Changes to Volume 1 Specifications:

Section 00 21 00 - Instructions

Section 00 45 00 - Representations and Certifications

Section 00 70 00 - Conditions of the Contract

Section 00 72 00 - General Conditions

Section 00 73 00 - Supplementary Conditions Delete Wage Determination General Decision Number FL20250002 02/21/2025 Add New Wage Determination General Decision Number FL20250002 07/11/2025

Changes to Volume 2 Specifications:

DELETE Section 00 31 21 Control Monument Descriptions and REPLACE with the attached revised Section 00 31 21 Control Monument Descriptions.

DELETE Section 35 20 23 and REPLACE with the attached revised Section 35 20 23.

2. DRAWINGS:

DELETE ALL Sheets, ID G-01 through C-08, and REPLACE with the attached revised Sheets.

3. SEPARATE FILES:

None.

(End of Summary of Changes

W912EP25BA0070001

Section 00 21 00 - Instructions

The following clauses were added:

FAR Clauses Incorporated by Reference

Number Title Effective Date Alternate/ Deviation

Variation Effective Date

52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work.

May 2014

The following clauses were modified:

52.216-1Type of Contract.Apr 1984 hereby reads as follows:

Type of Contract (Apr 1984)

The Government contemplates award of a contract resulting from this solicitation.Firm Fixed Price

(End of provision)

52.228-1Bid Guarantee.Sep 1996 hereby reads as follows:

Bid Guarantee (Sept 1996)

Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids,(a) may be cause for rejection of the bid.

The bidder shall furnish a bid guarantee in the form of a firm commitment, bid bond supported(b) e.g., by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds-

To unsuccessful bidders as soon as practicable after the opening of bids; and(1)

To the successful bidder upon execution of contractual documents and bonds (including any(2) necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

The amount of the bid guarantee shall be percent of the bid price or ,(c) twenty (20) $3,000,000 whichever is less.

If the successful bidder, upon acceptance of its bid by the Government within the period specified for(d) acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the(e) work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of clause)

52.233-2Service of Protest.Sep 2006 hereby reads as follows:

Service of Protest (Sept 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly(a) with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from person identified in item 9A of the SF1442 at the address in block 7

.of the SF1442

The copy of any protest shall be received in the office designated above within one day of filing a(b) protest with the GAO.

(End of provision)

52.236-27Site Visit (Construction). (Alternate I)Feb 1995Alternate IFeb 1995 hereby reads as follows:

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for Wednesday, July 2, 2025, at 10:00 AM EDT.

c) Participants should contact Jennifer Tyler via email at Jennifer.L.Tyler@usace.army.mil on or before June 30, 2025, to make arrangements.

(d) A Pre-Bid Conference will be held virtually on Tuesday, July 8, 2025, at 10:00 AM, EDT. Please utilize the link and call information provided below:

"MICROSOFT TEAMS"

HTTPS://WWW.MICROSOFT.COM/EN-US/MICROSOFT-TEAMS/JOIN-A-MEETING

MEETING ID: 993 141 552 159 / PASSCODE: Se25Eh9U

52.252-1Solicitation Provisions Incorporated by Reference.Feb 1998 hereby reads as follows:

Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/content/regulations

(End of provision)

52.252-5Authorized Deviations in Provisions.Nov 2020 hereby reads as follows:

Authorized Deviations in Provisions (Nov 2020)

The use in this solicitation of any Federal Acquisition Regulation provision with(a) (48 CFR Chapter 1) an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

The use in this solicitation of any (b) (48 CFR Chapter )Defense Federal Acquisition Regulation 2 provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

The following clauses were deleted:

FAR Clauses Incorporated by Reference

Number Title Effective Date Alternate/ Deviation

Variation Effective Date

52.211-2

Availability of Defense Specifications, Standards, and Data Item Descriptions in the Acquisition Streamlining and Standardization Information System (ASSIST) website.

Sep 2023

Section 00 45 00 - Representations and Certifications

The following clauses were added:

FAR Clauses Incorporated by Reference

Number Title Effective Date Alternate/ Deviation

Variation Effective Date

52.209-13 Violation of Arms Control Treaties or Agreements- Certification.

Nov 2021

52.222-38 Compliance with Veterans’ Employment Reporting Requirements.

Feb 2016

The following clauses were deleted:

FAR Clauses Incorporated by Reference

Number Title Effective Date Alternate/ Deviation

Variation Effective Date

52.223-1 Biobased Product Certification. May 2024

DFARS Clauses Incorporated by Reference

Number Title Effective Date Alternate/ Deviation

Variation Effective Date

252.225-7055 Representation Regarding Business Operations with the Maduro Regime.

May 2022

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region-Representation.

Jun 2023

Section 00 70 00 - Conditions of the Contract

Additional Information/Notes

The following clauses were added:

FAR Clauses Incorporated by Reference

Number Title Effective Date Alternate/ Deviation

Variation Effective Date

52.214-27 Price Reduction for Defective Certified Cost or Pricing Data -- Modifications -- Sealed Bidding (DEVIATION 2022-O0001)

Jun 2020 Deviation 2022-O0001Oct 2021

52.214-28 Subcontractor Certified Cost or Pricing Data -- Modifications -- Sealed Bidding

(DEVIATION 2022-O0001)

Jun 2020 Deviation 2022-O0001Oct 2021

52.219-9 Small Business Subcontracting Plan.

(Alternate I)

Jan 2025 Alternate I Nov 2016

52.222-9 Apprentices and Trainees. (DEVIATION 2025-O0003)

Jul 2005 Deviation 2025-O0003Mar 2025

52.228-11Pledges of Assets (DEVIATION 2020-O0016) Feb 2021 Deviation 2020-O0016Apr 2020

52.244-6 Subcontracts for Commercial Products and Commercial Services. (DEVIATION 2025- O0003)

Jan 2025 Deviation 2025-O0003Mar 2025

52.247-6 Financial Statement. Apr 1984

The following clauses were modified:

52.236-1Performance of Work by the Contractor.Apr 1984 hereby reads as follows:

Performance of Work by the Contractor (Apr 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least forty percent of the total amount of work to be performed under the contract. This percentage may be(40) reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

(End of clause)

52.236-4Physical Data.Apr 1984 hereby reads as follows:

Physical Data (Apr 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

The indications of physical conditions on the drawings and in the specifications are the result of site(a) investigations by .see Section(s) 00 31 32 and 01 11 00 of this contract

Weather conditions (b) .see Section 00 33 50 of this contract

Transportation facilities (c) N/A

Location (d) .see Section 01 11 00 and drawings of this contract

(End of clause)

52.252-2Clauses Incorporated by Reference.Feb 1998 hereby reads as follows:

Clauses Incorporated By Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov

(End of clause)

52.252-6Authorized Deviations in Clauses.Nov 2020 hereby reads as follows:

Authorized Deviations in Clauses (Nov 2020)

The use in this solicitation or contract of any Federal Acquisition Regulation (a) (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

The use in this solicitation or contract of any(b) (48 CFR )Defense Federal Acquisition Regulation 2 clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

The following clauses were deleted:

FAR Clauses Incorporated by Reference

Number Title Effective Date Alternate/ Deviation

Variation Effective Date

52.203-6 Restrictions on Subcontractor Sales to the Government.

(Alternate I)

Jun 2020 Alternate INov 2021

Section 00 72 00 - General Conditions

The following clauses were added:

FAR Clauses Incorporated by Reference

Number Title Effective Date Alternate/ Deviation

Variation Effective Date

52.203-6 Restrictions on Subcontractor Sales to the Government. Jun 2020 52.211-13 Time Extensions. Sep 2000 52.219-16 Liquidated Damages-Subcontracting Plan. Sep 2021 52.222-8 Payrolls and Basic Records. Jul 2021 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 52.229-3 Federal, State, and Local Taxes. Feb 2013

FAR Clauses Incorporated by Full Text

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns.

(Oct 2022)

Notice of Price Evaluation preference for HUBZone Small Business Concerns (Oct 2022)

Evaluation preference.(a)

Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except-(1)

Offers from HUBZone small business concerns that have not waived the evaluation preference; and(i)

Otherwise successful offers from small business concerns.(ii)

The factor of 10 percent shall be applied on a line item basis or to any group of items on which award(2) may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

When the two highest rated offerors are a HUBZone small business concern and a large business, and(3) the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.

. A HUBZone small business concern may elect to waive the(b) Waiver of evaluation preference evaluation preference, in which case the factor will be added to its offer for evaluation purposes.

Offeror elects to waive the evaluation preference.

A HUBZone joint venture agrees that, in the performance of the contract, at least 40(c) Joint venture.

percent of the aggregate work performed by the joint venture shall be completed by the HUBZone small business parties to the joint venture. Work performed by the HUBZone small business parties to the joint venture must be more than administrative functions.

(End of clause)

The following clauses were modified:

52.204-1Approval of Contract.Dec 1989 hereby reads as follows:

Approval of Contract (Dec 1989)

This contract is subject to the written approval of and shall not be binding until so Contracting Officer approved.

(End of clause)

52.211-10Commencement, Prosecution, and Completion of Work.Apr 1984 hereby reads as follows:

Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to (a) commence work under this contract within calendar days after 60 the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than .* The 100 calendar day after the notice to proceed is issued time stated for completion shall include final cleanup of the premises.

* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

(End of clause)

52.211-12Liquidated Damages-Construction.Sep 2000 hereby reads as follows:

Liquidated Damages-Construction (Sept 2000)

If the Contractor fails to complete the work within the time specified in the contract, the Contractor(a) shall pay liquidated damages to the Government in the amount of for each calendar day of delay$2,393 until the work is completed or accepted.

If the Government terminates the Contractor's right to proceed, liquidated damages will continue to(b) accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

252.236-7001Contract Drawings and Specifications.Aug 2000 hereby reads as follows:

CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall-

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

Title File Drawing No.

Fernandina Harbor, Maintenance Dredging, Nassau County, Florida

W912EP25BA0

G-01

(End of clause)

252.236-7004Payment for Mobilization and Demobilization.Dec 1991 hereby reads as follows:

PAYMENT FOR MOBILIZATION AND DEMOBILIZATION (DEC 1991)

(a) The Government will pay all costs for the mobilization and demobilization of all of the Contractor's plant and equipment at the contract lump sum price for this item.

(1) Sixty (60) percent of the lump sum price upon completion of the contractor's mobilization at the work site.

(2) The remaining percent upon completion of demobilization.forty (40)

(b) The Contracting Officer may require the Contractor to furnish cost data to justify this portion of the bid if the Contracting Officer believes that the percentages in paragraphs (a)(1) and (2) of this clause do not bear a reasonable relation to the cost of the work in this contract.

(1) Failure to justify such price to the satisfaction of the Contracting Officer will result in payment, as determined by the Contracting Officer, of-

(i) Actual mobilization costs at completion of mobilization;

(ii) Actual demobilization costs at completion of demobilization; and

(iii) The remainder of this item in the final payment under this contract.

(2) The Contracting Officer's determination of the actual costs in paragraph (b)(1)of this clause is not subject to appeal.

(End of clause)

The following clauses were deleted:

FAR Clauses Incorporated by Reference

Number Title Effective Date Alternate/ Deviation

Variation Effective Date

Price Reduction for Defective Certified Cost or Pricing

52.214-27 Data-Modifications-Sealed Bidding. Jun 2020 52.219-9 Small Business Subcontracting Plan. Jan 2025 52.222-9 Apprentices and Trainees. Jul 2005

52.223-2 Reporting of Biobased Products Under Service and Construction Contracts.

May 2024

52.228-11 Individual Surety-Pledge of Assets. Feb 2021 52.243-5 Changes and Changed Conditions. Apr 1984

52.244-6 Subcontracts for Commercial Products and Commercial Services.

Jan 2025

FAR Clauses Incorporated by Full Text 52.232-16 Progress Payments. (Nov 2021)

Progress Payments (Nov 2021)

The Government will make progress payments to the Contractor when requested as work progresses, but not more frequently than monthly, in amounts of $2,500 or more approved by the Contracting Officer, under the following conditions:

Computation of amounts.(a)

Unless the Contractor requests a smaller amount, the Government will compute each progress(1) payment as 80 percent of the Contractor's total costs incurred under this contract whether or not actually paid, plus financing payments to subcontractors (see paragraph (j) of this clause), less the sum of all previous progress payments made by the Government under this contract. The Contracting Officer will consider cost of money that would be allowable under Federal Acquisition Regulation (FAR)31.205-10 as an incurred cost for progress payment purposes.

The amount of financing and other payments for supplies and services purchased directly for the(2) contract are limited to the amounts that have been paid by cash, check, or other forms of payment, or that are determined due and will be paid to subcontractors-

In accordance with the terms and conditions of a subcontract or invoice; and(i)

Ordinarily within 30 days of the submission of the Contractor's payment request to the Government.(ii)

The Government will exclude accrued costs of Contractor contributions under employee pension(3) plans until actually paid unless-

The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently;(i) and

The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter(ii) payment period (any contribution remaining unpaid shall be excluded from the Contractor's total costs for progress payments until paid).

The Contractor shall not include the following in total costs for progress payment purposes in(4) paragraph (a)(1) of this clause:

Costs that are not reasonable, allocable to this contract, and consistent with sound and generally(i) accepted accounting principles and practices.

Costs incurred by subcontractors or suppliers.(ii)

Costs ordinarily capitalized and subject to depreciation or amortization except for the properly(iii) depreciated or amortized portion of such costs.

Payments made or amounts payable to subcontractors or suppliers, except for-(iv)

Completed work, including partial deliveries, to which the Contractor has acquired title; and(A)

Work under cost-reimbursement or time-and-material subcontracts to which the Contractor has(B) acquired title.

The amount of unliquidated progress payments may exceed neither (i) the progress payments made(5) against incomplete work (including allowable unliquidated progress payments to subcontractors) nor (ii) the value, for progress payment purposes, of the incomplete work. Incomplete work shall be considered to be the supplies and services required by this contract, for which delivery and invoicing by the Contractor and acceptance by the Government are incomplete.

The total amount of progress payments shall not exceed 80 percent of the total contract price.(6)

If a progress payment or the unliquidated progress payments exceed the amounts permitted by(7) paragraphs (a)(4) or (a)(5) of this clause, the Contractor shall repay the amount of such excess to the Government on demand.

Notwithstanding any other terms of the contract, the Contractor agrees not to request progress(8) payments in dollar amounts of less than $2,500. The Contracting Officer may make exceptions.

The costs applicable to items delivered, invoiced, and accepted shall not include costs in excess of the(9) contract price of the items.

. Except as provided in the Termination for Convenience of the Government clause, all(b) Liquidation progress payments shall be liquidated by deducting from any payment under this contract, other than advance or progress payments, the unliquidated progress payments, or 80 percent of the amount invoiced, whichever is less. The Contractor shall repay to the Government any amounts required by a retroactive price reduction, after computing liquidations and payments on past invoices at the reduced prices and adjusting the unliquidated progress payments accordingly. The Government reserves the right to unilaterally change from the ordinary liquidation rate to an alternate rate when deemed appropriate for proper contract financing.

. The Contracting Officer may reduce or suspend progress payments, increase(c) Reduction or suspension the rate of liquidation, or take a combination of these actions, after finding on substantial evidence any of the following conditions:

The Contractor failed to comply with any material requirement of this contract (which includes(1) paragraphs (f) and (g) of this clause).

Performance of this contract is endangered by the Contractor's-(2)

Failure to make progress; or(i)

Unsatisfactory financial condition.(ii)

Inventory allocated to this contract substantially exceeds reasonable requirements.(3)

The Contractor is delinquent in payment of the costs of performing this contract in the ordinary(4) course of business.

The fair value of the undelivered work is less than the amount of unliquidated progress payments for(5) that work.

The Contractor is realizing less profit than that reflected in the establishment of any alternate(6) liquidation rate in paragraph (b) of this clause, and that rate is less than the progress payment rate stated in paragraph (a)(1) of this clause.

Title.(d)

Title to the property described in this paragraph (d) shall vest in the Government. Vestiture shall be(1) immediately upon the date of this contract, for property acquired or produced before that date. Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract.

"Property," as used in this clause, includes all of the below-described items acquired or produced by(2) the Contractor that are or should be allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices.

Parts, materials, inventories, and work in process;(i)

Special tooling and special test equipment to which the Government is to acquire title;(ii)

Nondurable ( noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment,(iii) i.e., and other similar manufacturing aids, title to which would not be obtained as special tooling under paragraph (d)(2)(ii) of this clause; and

Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver(iv) them to the Government by other clauses of this contract.

Although title to property is in the Government under this clause, other applicable clauses of this(3) contract; the termination clauses, shall determine the handling and disposition of the property.e.g., The Contractor may sell any scrap resulting from production under this contract without requesting(4) the Contracting Officer's approval, but the proceeds shall be credited against the costs of performance.

To acquire for its own use or dispose of property to which title is vested in the Government under this(5) clause, the Contractor must obtain the Contracting Officer's advance approval of the action and the terms.

The Contractor shall (i) exclude the allocable costs of the property from the costs of contract performance, and (ii) repay to the Government any amount of unliquidated progress payments allocable to the property. Repayment may be by cash or credit memorandum.

When the Contractor completes all of the obligations under this contract, including liquidation of all(6) progress payments, title shall vest in the Contractor for all property (or the proceeds thereof) not-

Delivered to, and accepted by, the Government under this contract; or(i)

Incorporated in supplies delivered to, and accepted by, the Government under this contract and to(ii) which title is vested in the Government under this clause.

The terms of this contract concerning liability for Government-furnished property shall not apply to(7) property to which the Government acquired title solely under this clause.

. Before delivery to and acceptance by the Government, the Contractor shall bear the risk(e) Risk of loss of loss for property, the title to which vests in the Government under this clause, except to the extent the Government expressly assumes the risk. The Contractor shall repay the Government an amount equal to the unliquidated progress payments that are based on costs allocable to property that is lost (see 45.101).

. The Contractor shall maintain an accounting system and controls(f) Control of costs and property adequate for the proper administration of this clause.

Reports, forms, and access to records.(g)

The Contractor shall promptly furnish reports, certificates, financial statements, and other pertinent(1) information (including estimates to complete) reasonably requested by the Contracting Officer for the administration of this clause. Also, the Contractor shall give the Government reasonable opportunity to examine and verify the Contractor's books, records, and accounts.

The Contractor shall furnish estimates to complete that have been developed or updated within six(2) months of the date of the progress payment request. The estimates to complete shall represent the Contractor's best estimate of total costs to complete all remaining contract work required under the contract. The estimates shall include sufficient detail to permit Government verification.

Each Contractor request for progress payment shall:(3)

Be submitted on Standard Form 1443, Contractor's Request for Progress Payment, or the electronic(i) equivalent as required by agency regulations, in accordance with the form instructions and the contract terms; and

Include any additional supporting documentation requested by the Contracting Officer.(ii)

. If this contract is terminated under the Default clause, (i) the(h) Special terms regarding default Contractor shall, on demand, repay to the Government the amount of unliquidated progress payments and

(ii) title shall vest in the Contractor, on full liquidation of progress payments, for all property for which the Government elects not to require delivery under the Default clause. The Government shall be liable for no payment except as provided by the Default clause.

Reservations of rights.(i)

No payment or vesting of title under this clause shall-(1)

Excuse the Contractor from performance of obligations under this contract; or(i)

Constitute a waiver of any of the rights or remedies of the parties under the contract.(ii)

The Government's rights and remedies under this clause-(2)

Shall not be exclusive but rather shall be in addition to any other rights and remedies provided by law(i) or this contract; and

Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or(ii) privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

The financing payments to subcontractors mentioned in(j) Financing payments to subcontractors.

paragraphs (a)(1) and (a)(2) of this clause shall be all financing payments to subcontractors or divisions, if the following conditions are met:

The amounts included are limited to-(1)

The unliquidated remainder of financing payments made; plus(i)

Any unpaid subcontractor requests for financing payments.(ii)

The subcontract or interdivisional order is expected to involve a minimum of approximately 6 months(2) between the beginning of work and the first delivery; or, if the subcontractor is a small business concern, 4 months.

If the financing payments are in the form of progress payments, the terms of the subcontract or(3) interdivisional order concerning progress payments-

Are substantially similar to the terms of this clause for any subcontractor that is a large business(i) concern, or this clause with its Alternate I for any subcontractor that is a small business concern;

Are at least as favorable to the Government as the terms of this clause;(ii)

Are not more favorable to the subcontractor or division than the terms of this clause are to the(iii) Contractor;

Are in conformance with the requirements of FAR 32.504(e); and(iv)

Subordinate all subcontractor rights concerning property to which the Government has title under the(v) subcontract to the Government's right to require delivery of the property to the Government if-

The Contractor defaults; or(A)

The subcontractor becomes bankrupt or insolvent.(B)

If the financing payments are in the form of performance-based payments, the terms of the(4) subcontract or interdivisional order concerning payments-

Are substantially similar to the Performance-Based Payments clause at FAR 52.232-32 and meet the(i) criteria for, and definition of, performance-based payments in FAR part 32;

Are in conformance with the requirements of FAR 32.504(f); and(ii)

Subordinate all subcontractor rights concerning property to which the Government has title under the(iii) subcon-tract to the Government's right to require delivery of the property to the Government if-

The Contractor defaults; or(A)

The subcontractor becomes bankrupt or insolvent.(B)

If the financing payments are in the form of commercial product or commercial service financing(5) payments, the terms of the subcontract or interdivisional order concerning payments-

Are constructed in accordance with FAR 32.206(c) and included in a subcontract for a commercial(i) product or commercial service purchase that meets the definition and standards for acquisition of commercial products and commercial services in FAR parts 2 and 12;

Are in conformance with the requirements of FAR 32.504(g); and(ii)

Subordinate all subcontractor rights concerning property to which the Government has title under the(iii) subcontract to the Government's right to require delivery of the property to the Government if-

The Contractor defaults; or(A)

The subcontractor becomes bankrupt or insolvent.(B)

If financing is in the form of progress payments, the progress payment rate in the subcontract is the(6) customary rate used by the contracting agency, depending on whether the subcontractor is or is not a small business concern.

Concerning any proceeds received by the Government for property to which title has vested in the(7) Government under the subcontract terms, the parties agree that the proceeds shall be applied to reducing any unliquidated financing payments by the Government to the Contractor under this contract.

If no unliquidated financing payments to the Contractor remain, but there are unliquidated financing(8) payments that the Contractor has made to any subcontractor, the Contractor shall be subrogated to all the rights the Government obtained through the terms required by this clause to be in any subcontract, as if all such rights had been assigned and transferred to the Contractor.

To facilitate small business participation in subcontracting under this contract, the Contractor shall(9) provide financing payments to small business concerns, in conformity with the standards for customary contract financing payments stated in FAR 32.113. The Contractor shall not consider the need for such financing payments as a handicap or adverse factor in the award of subcontracts.

. Notwithstanding any other progress payment provisions(k) Limitations on undefinitized contract actions in this contract, progress payments may not exceed 80 percent of costs incurred on work accomplished under undefinitized contract actions. A "contract action" is any action resulting in a contract, as defined in subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes. This limitation shall apply to the costs incurred, as computed in accordance with paragraph (a) of this clause, and shall remain in effect until the contract action is definitized. Costs incurred which are subject to this limitation shall be segregated on Contractor progress payment requests and invoices from those costs eligible for higher progress payment rates. For purposes of progress payment liquidation, as described in paragraph (b) of this clause, progress payments for undefinitized contract actions shall be liquidated at 80 percent of the amount invoiced for work performed under the undefinitized contract action as long as the contract action remains undefinitized. The amount of unliquidated progress payments for undefinitized contract actions shall not exceed 80 percent of the maximum liability of the Government under the undefinitized contract action or such lower limit specified elsewhere in the contract. Separate limits may be specified for separate actions.

. The designated payment office will make progress payments on the [Contracting(l) Due date ____ Officer insert date as prescribed by agency head; if not prescribed, insert "30th"] day after the designated billing office receives a proper progress payment request. In the event that the Government requires an audit or other review of a specific progress payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date. Progress payments are considered contract financing and are not subject to the interest penalty provisions of the Prompt Payment Act.

. The Contractor shall account for and submit(m) Progress payments under indefinite-delivery contracts progress payment requests under individual orders as if the order constituted a separate contract, unless otherwise specified in this contract.

(End of clause)

52.243-6 Change Order Accounting. (Apr 1984)

Change Order Accounting (Apr 1984)

The Contracting Officer may require change order accounting whenever the estimated cost of a change or series of related changes exceeds $100,000. The Contractor, for each change or series of related changes, shall maintain separate accounts, by job order or other suitable accounting procedure, of all incurred segregable, direct costs (less allocable credits) of work, both changed and not changed, allocable to the change. The Contractor shall maintain such accounts until the parties agree to an equitable adjustment for the changes ordered by the Contracting Officer or the matter is conclusively disposed of in accordance with the Disputes clause.

(End of clause)

DFARS Clauses Incorporated by Reference

Number Title Effective Date Alternate/ Deviation

Variation Effective Date

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime.

Jan 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.

Jun 2023

252.244-7000 Subcontracts for Commercial Products or Commercial Services.

Nov 2023

Section 00 73 00 - Supplementary Conditions

Miscellaneous text in this section has been modified to:

1) FAR provision 52.229-11 and FAR clause 52.229-12

FAR provision 52.229-11 and FAR clause 52.229-12 are included in this solicitation. This provision and clause concern the imposition of a 2 percent Federal excise tax withholding on any resultant contract award or payment request. This rule applies to Federal Government contracts for goods or services that are awarded to foreign persons - such as foreign contractors. It implements the Department of the Treasury's final regulations published in the Federal Register at 81 FR 55133 on August 18, 2016, under section 5000C of the Internal Revenue Code relating to the 2 percent tax on payments made by the U.S.

Government to foreign persons pursuant to certain contracts.

Pursuant to the FAR 52.229-3 Federal, State, and Local Taxes, taxes imposed under 26 U.S.C. 5000 C may not be included in the contract price or reimbursed.

Exemptions from this excise tax must be claimed by an Offeror when it submits, with its offer, a U.S.

Department of Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/W14. If not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent on each contract payment. Failure to submit an IRS Form W-14 with each payment request will also result in an automatic withholding of 2 percent from the payment request.

When filling out the IRS Form W-14 the following information may be used to complete Part I, Lines 6 and 7.

Line 6 Contract/reference number: W912EP25BA007

Line 7 "Name and address of the acquiring agency":

US Army Corps of Engineers

Jacksonville District

701 San Marco Blvd.

Jacksonville, FL 32207

Any exemption claimed and self-certified is subject to audit by the IRS. Any disputes concerning this tax are adjudicated by the IRS because the Section 5000C tax is a tax matter not a contract issue.

Offerors are encouraged to seek guidance from their own tax professionals for advice concerning the provision, clause, and exclusions exclusion/submission of IRS Form W-14. Additional information is also available at:

Notwithstanding the above, the USACE does not have a means of withholding this excise tax at this time.

As a result, contractors are expected to comply with the instructions above and to properly complete and return the W-14 at proposal submission, and with each pay application. The amount due for each withholding will be confirmed by USACE, BUT WILL NOT BE WITHHELD. It is the contractor's responsibility to set aside, or remit to the IRS, the amount confirmed by USACE. Whether the contractor sets the money aside for future payment to the IRS, or makes payment to the IRS, is the contractor's discretion, based on its analysis of the regulations regarding the excise tax. In the event that USACE is able to withhold during contract performance, it will notify the contractor and make such a withholding (including any catch up withholdings); no advance notice is required to the contractor prior to the withholding. Under no circumstances is USACE liable for any tax not paid by the contractor. The contractor is liable for the tax, to the extent required by law, regardless of whether USACE makes a withholding.

FAR 29.204 expressly states that "agencies merely withhold the tax (section 5000C tax) for the Internal Revenue Service (IRS). All substantive issues regarding the underlying section 5000C tax, e.g., the imposition of, and exemption from the tax, are matters under the jurisdiction of the IRS." Therefore, we cannot help you determine how the tax law applies to you. We strongly recommend that you contact the IRS and/or a tax professional should you have any questions of this nature. To be clear, this information does not constitute tax advice or a representation of your tax liability. Furnishing this information does not create liability for the USACE for any Federal, state, or local taxes applicable to the above-referenced contract or any other contract.

For submission requirements and basis of evaluation:

Executed FAR Provision 52.229-11.

Completed IRS Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, if applicable. If not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent on each payment.

SEAGOING BARGE ACT - SPECIAL STANDARD OF RESPONSIBILITY

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

WAGE DETERMINATIONS & OTHER ATTACHMENTS

LIST OF CONSTRUCTION CONTRACT ATTACHMENTS

No. Title Date No. of Pages

1 General Decision Number FL20250002 07/11/2025 6

"General Decision Number: FL20250002 07/11/2025

Superseded General Decision Number: FL20240002

State: Florida

Construction Type: Heavy Dredging

Counties: Florida Statewide.

Dredging Construction Projects FLORIDA (Excluding West of the Aucilla River and its tributary waterways)

Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1).

|If the contract is entered |. Executive Order 14026 | |into on or after January 30, | generally applies to the | |2022, or the contract is | contract. | |renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at | |after January 30, 2022: | least $17.75 per hour (or | | | the applicable wage rate | | | listed on this wage | | | determination, if it is | | | higher) for all hours | | | spent performing on the | | | contract in 2025. | |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. | |contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $13.30 per hour (or the | | | applicable wage rate listed| | | on this wage determination,| | | if it is higher) for all | | | hours spent performing on | | | that contract in 2025. |

The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request.

Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/03/2025 1 02/07/2025

2 02/21/2025 3 07/11/2025

ENGI0025-005 10/01/2024

Rates Fringes

Dredging :

CLASS A1....................$ 47.07 15.34+a CLASS A2....................$ 41.94 14.99+a CLASS B1....................$ 40.71 14.90+a CLASS B2....................$ 38.31 14.73+a CLASS C1....................$ 37.26 14.66+a CLASS C2....................$ 36.07 14.57+a CLASS D.....................$ 29.96 14.15+a

CLASSIFICATIONS:

CLASS A1: Deck Captain, Leverman, Mechanical Dredge Operator.

Licensed Tug Operator over 1000 HP CLASS A2: Crane Operator (360 swing) CLASS B1: Derrick Operator (180 swing), Spider/Spill Barge Operator, Timber Fork Operator, Dozer Operator, Engineer, Blaster/Driller, Fill Placer, Electrician, Licensed Boat Operator, Licensed Crew Boat Operator.

CLASS B2: Certified Welder.

CLASS C1: Mate, Drag Barge Operator, Welder, Assistant Fill Placer, Steward.

CLASS C2: Boat Operator/Launchman CLASS D: Shoreman, Deckhand, Rodman, Scowman, Cook, Messman, Oiler, Janitor, Drill Oiler

PREMIUMS: Additional 20% for hazardous material work

FOOTNOTE APPLICABLE TO ABOVE CRAFTS:

a. New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.

Vacation Contribution of 8% of straight time rate multiplied by the total hours worked.

b. New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day. Plus Vacation contribution of 8% of straight time pay for all hours worked.

INCENTIVE PAY : (Add to Hourly Rate)

Operator (NCCCO License/Certification) $1.80; Licensed Tug Operator over 1000 HP (Assigned as Master) USCG licensed Master of Towing Vessels (MOTV) $1.80; Licensed Boat Operator (assigned as lead boat captain) USCG licensed boat operator $1.30; Engineer (QMED and Tankerman endorsement or licensed engineer (USCG) $1.80; Oiler QMED and Tankerman endorsement (USCG) $1.80; All classifications Tankerman endorsement only (USCG) $1.55; Deckhand or Mater AB w/Lifeboatman only (USCG) $1.80; Welder (ABS certification) $1.55

* ENGI0025-006 10/01/2006

Rates Fringes

Hydraulic Dredges Under 20"" Cook........................$ 8.11 ** 1.73+b Deckhand....................$ 7.77…