W912ER22R0008 0004.pdf

474977

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

See SF 30 Continuation Page.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 15

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

16C. DATE SIGNED

BY 29-Dec-2021

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 W912ER22R0008

X 9B. DATED (SEE ITEM 11)

20-Oct-2021

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing Items 8 and 15, and returning 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

29-Dec-2021

CODE

US ARMY CORPS OF ENGINEERS-CETAM-CT

MIDDLE EAST DISTRICT, CETAM-CT

PO BOX 2250

WINCHESTER VA 22604-1450

W912ER 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912ER22R0008

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE (SF 30)

The following have been added by full text:

AMENDMENT 04

The purpose of this amendment to record the following changes:

1. Section 00 73 00 paragraph 19.1 has been revised. See strikethrough and revised verbiage.

2. The proposal due date has been extended to 3 February 2022 at 10:00 AM Eastern Standard Time (EST).

3. All other terms and conditions remain unchanged.

SECTION 00 10 00 - SOLICITATION

The required response date/time has changed from 05-Jan-2022 10:00 AM to 03-Feb-2022 10:00 AM.

SECTION 00 73 00 - SUPPLEMENTARY CONDITIONS

The following have been modified:

SECTION 00 73 00 INDEX

PARAGRAPH DESCRIPTION

1 CONTRACT ADMINISTRATION

2 SUBMITTING PAY ESTIMATES AND PAYMENTS TO THE CONTRACTOR

3 PRECONSTRUCTION MEETING

4 CONTRACTOR LIAISON WITH FOREIGN GOVERNMENT

5 COMPLIANCE WITH HOST COUNTRY RULES AND CUSTOMS

6 INSTALLATION ACCESS

7 MILITARY BASE SECURITY REQUIREMENTS

8 MILITARY BASE RULES AND REGULATIONS

9 IDENTIFICATION OF EMPLOYEES

10 OPERATIONS AND STORAGE AREAS

11 U.S. ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS

MANUAL, EM 385-1-1

12 OTHER WORK

13 REQUIRED INSURANCE

14 WORKERS COMPENSATION INSURANCE (DEFENSE BASE ACT) –

CONSTRUCTION

15 PUBLIC RELEASE OF INFORMATION

16 CONTRACTOR PERFORMANCE EVALUATIONS

17 IMPLEMENTING EQUIPMENT GUARANTEES

18 SAFEGUARDING OF INFORMATION

19 DUTIES, TAXES, AND LICENSE FEES - BAHRAIN

20 GOVERNMENT FURNISHED CONTRACTOR SUPPORT

21 REQUIREMENTS FOR ISSUANCE OF NOTICE TO PROCEED (NTP)

22 REQUIRED USE OF U.S. FLAG VESSELS

1. CONTRACT ADMINISTRATION

1.1 Only a Procuring Contracting Officer (PCO) or an appointed Administrative Contracting Officer (ACO), acting within his or her designated authority, is authorized to take action on behalf of the U.S. Government, such as changes in the terms of the contract, including deviations from specifications, details, and delivery schedules.

1.2 A Contracting Officer’s Representative (COR) will be appointed under this contract. The COR will conduct oversight of the contract work and report to the Contracting Officer. The COR will not have authority to change the terms of the contract or obligate funds of the Government.

(End of Requirement)

2. SUBMITTING PAY ESTIMATES AND PAYMENTS TO THE CONTRACTOR

2.1 The contractor shall use Engineer Form 93 (ENG 93), Payment Estimate – Contract Performance, as its request for payment. The Contractor must submit the certification at FAR Clause 52.232-5, paragraph (c) along with each request for progress payment. The ENG Form 93 shall be sent to the Contracting Officer’s Representative for certification that the work invoiced has been performed. All payments made by the U.S. Government to the Contractor for work performed under this contract will be made in U.S. Dollars.

2.2 Progress payments are authorized under a construction contract in accordance with Contract Clause 52.232-5, “Payments Under Fixed-Price Construction Contracts,” which states that the Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer or COR. The Contracting Officer or COR will review and approve requests for progress payments in accordance with the “Payments under Fixed-Price Construction Contracts” clause of the contract, Section 00 72 00. When the work is certified complete and a proper invoice has been received, the Contracting Officer or COR can process the invoice for payment through the cognizant finance and accounting office.

2.3 Method of Payment shall be made by Electronic Funds Transfer (EFT).

2.4 In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either—

a. Accept payment by check or some other mutually agreeable method of payment; or

b. Request the Government to extend payment due dates until such time as the Government makes payment by EFT (but see paragraph 4.6 of this clause).

2.5 The contractor is required to provide the Government with the information required to make payment by EFT if requested by the Contracting Officer (see paragraph 4.6 of this clause). The contractor shall provide this information directly to the Contracting Officer no later than 7 days upon the contractor’s receipt of the request.

2.6 If EFT information is requested, the Government is not required to make any payment under this contract until after receipt of the correct EFT payment information from the contractor. Until receipt of the correct EFT information, any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply.

2.7 If the EFT information changes after submission of correct EFT information, the Government shall begin using the changed EFT information no later than 30 days after its receipt by the designated office to the extent payment is made by EFT. However, the contractor may request that no further payments be made until the updated EFT information is implemented by the payment office. If such suspension would result in a late payment under the prompt payment terms of this contract, the Contractor's request for suspension shall extend the due date for payment by the number of days of the suspension.

2.8 If the contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the contractor shall require as a condition of any such assignment, that the assignee shall provide the EFT information required by paragraph 4.5 of this clause to the Contracting Officer, and shall be paid by EFT in accordance with the terms of this clause. In all respects, the requirements of this clause shall apply to the assignee as if it were the contractor. EFT information that shows the ultimate recipient of the transfer to be other than the contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of this clause.

2.9 A Release of Claims statement shall be obtained prior to making final payment. The final invoice shall have the following statement on the invoice: “RELEASE OF CLAIMS.” Upon acceptance and payment of this final invoice, the Government is hereby released from all Claims, arising by virtue of this Contract, other than claims in the stated amounts indicated below.” (List all claims, if any; if none, so state.)

2.10 Compliance with 52.236-1: For purposes of determining the contractor’s compliance with clause 52.236-1, Performance of work by Contractor, the Government will require the contractor to provide the following certified information with each monthly progress payment. This information will allow the Government to verify that the contractor is in compliance with the requirement for performance of work on site with its forces. Failure to provide the certification may result in rejection of the progress payment. The contractor may use the dollar amount of paid costs for on-site labor or the number of on-site man hours worked to meet this requirement.

The following certification will be provided:

Progress Payment Reference Number: ___________________

A) Value/hours of total on-site labor previously paid/incurred: __________

B) Value/hours of prime contractor on-site labor forces previously paid/incurred: __________

C) Value/hours of all on-site Labor in this progress payment: __________

D) Value/hours of on-site labor in this payment performed by prime contractor forces: __________

E) Total value/hours of all on-site labor for contract (A + C): __________

F) Total Value/hours of on-site labor by prime contractor forces for contract (B + D): __________

Percentage of work performed by contractor to date: (F divided by E): _________%

I certify that the above information is current, accurate and complete to the best of my knowledge and that I have the authority to provide the information requested on this form.

DATE NAME

POSITION, COMPANY

(End of Certification)

(End of Requirement)

3. PRECONSTRUCTION MEETING

A Pre-construction Meeting will be held in Bahrain prior to commencement of work. In general, the meeting is required to address the contractor’s Quality Control Program, the contractor’s Accident Prevention Program, submittals, access to the work site, security requirements, interface requirements, temporary facilities and services, hazards and risks, work hours, phasing and any special requirements or other aspects of the work that warrant clarification and understanding. The contractor’s Quality Control System Manager shall prepare detailed minutes of each meeting and submit to the ACO and COR within three (3) work days. Any corrections deemed necessary by the ACO or COR shall be incorporated and resubmitted within two (2) work days of receipt. Upon approval of the minutes by the ACO, the Contractor shall distribute the minutes to all parties present at the meeting.

4. CONTRACTOR LIAISON WITH FOREIGN GOVERNMENT

All communication by the contractor with officials, representatives and/or offices of the Government of Bahrain in all matters pertaining to the work to be accomplished under this contract shall be through and in full liaison with the Contracting Officer except as is otherwise the common practice in the processing of normal business licenses and permissions with the various levels of the Government of Bahrain.

5. COMPLIANCE WITH HOST COUNTRY RULES AND CUSTOMS

5.1 The laws of the host country may prohibit access to certain areas of the country that are under military control.

The contractor shall be responsible for advising the Contracting Officer of the names of personnel, type, and amounts of equipment, dates and length of time required at the site, and purpose of entering the host country, so that proper clearances may be obtained from the Host Government. It is understood that areas to which rights of entry are provided by the Host Government are to be used only for work carried out under the contract and no destruction or damages shall be caused, except through normal usage, without concurrence of the Host Government.

5.2 The following items are the sole responsibility of the contractor to investigate, estimate as to cost, and assume the risk, as normally encountered by contractors on fixed-price contracts. The contractor shall be responsible for determining the effect of the following on his own cost of performance of the contract and for including sufficient amount in the contract price:

a. Official language and type of accounts required to satisfy the officials of the local Government.

b. Entry and exit visas, residence permits, and residence laws applicable to aliens. This includes any special requirements of the Host Government, including those required by local Labor Offices, which the Contractor may have to fulfill before an application for a regular block of visas will be accepted.

c. Passports, health and immunization certificates, and quarantine clearance.

d. Compliance with local labor and insurance laws, including payment of employer's share of contribution, collecting balance from employee and paying into insurance funds.

e. Strikes, demonstrations and work stoppage.

f. Collection through withholding and payment to local Government, of any Host Country income tax on employees subject to tax.

g. Arranging to perform work in the host country, to import personnel, to employ non-indigenous labor, to receive payments and to remove such funds from the country.

h. Operating under local laws, practices, customs and controls, and with local unions, in connection with hiring and firing, mandatory wage scales, vacation pay, severance pay, overtime, holiday pay, 7th day of rest, legal notice or pay in lieu thereof for dismissal of employees, slowdown and curtailed schedules during religious holidays and ratio of local labor employed in comparison to others.

i. Possibility of claims in local bureaus, litigation in local courts, or attachment of local bank accounts.

j. Compliance with workmen's compensation laws and contributions into funds.

k. Provisions of necessary medical service for Contractor employees.

l. Special license required by the local Government for setting up and operating any manufacturing plant in the host country, e.g., concrete batching, pre-cast concrete, concrete blocks, etc.

m. Sales within the host country of Contractor-owned materials, and equipment.

n. Special licenses for physicians, mechanics, tradesmen, drivers, etc.

o. Identification and/or registration with local police of imported personnel.

p. Stamp tax on documents, payments and payrolls.

q. Base passes for permanent staff, day laborers, motor vehicles, etc.

r. Compliance with all customs and import rules, regulations and restrictions, including, but not limited to, local purchase requirements.

s. Unless otherwise provided in this contract, the contract price includes all applicable taxes and duties, except taxes and duties that the Government of the United States and the government of the country concerned have agreed shall not be applicable to expenditures in such country by or on behalf of the United States.

6. INSTALLATION ACCESS

Work under this contract will be performed at a location with security and access control procedures. Compliance with base pass and access procedures is the sole responsibility of the contractor, and is required to be accomplished prior to initiation of the process for gaining access to controlled sites. Contractor shall be responsible for determining the nature and amount of any fees required. Contractor is responsible for all workers granted access pursuant to work under this contract.

a. Other Data: The contractor shall provide additional data, as required and not specifically indicated above, to secure all required passes for where work is required to be performed.

b. Compliance with Revised Requirements: The government may revise requirements and procedures for obtaining passes and/or access to the site of work at any time during the life of the contract. The contractor shall comply with all such requirements.

c. The contractor shall employ an acceptable system for accountability and control of all compound passes/access badges issued to him. Passes/Access Badges shall be returned to the Government as soon as they are no longer required. This system shall be approved by the Contracting Officer, and shall be modified as directed by the Contracting Officer to correct any deficiencies noted during contract performance in maintaining an acceptable level of accountability and control.

7. MILITARY BASE SECURITY REQUIREMENTS

The Base Security maintains the ultimate authority for establishing, monitoring, and enforcing security requirements for the work site at Isa Air Base. All contractor, subcontractor, or vendor personnel and vehicles at any location on the facilities are subject to a thorough search upon entering, departing, or at any time deemed necessary by Base

Security Personnel. The contractor shall be responsible for compliance with all Base Security requirements. The Government reserves the right to deny access or to require the contractor to remove any personnel or equipment deemed to be a threat to the security of facilities or facility personnel. The contractor shall work through the Contracting Officer to assure that all Security Regulations are followed.

8. MILITARY BASE RULES AND REGULATIONS

The contractor and his employees and subcontractors shall become familiar with and obey all rules and regulations including fire, traffic and security regulations. All personnel employed on the facilities shall keep within the limits of the work (and venues of ingress and egress), and shall not enter any Restricted Areas unless required to do so and prior clearance for such entry is obtained. The contractor’s equipment shall be conspicuously marked for identification.

9. IDENTIFICATION OF EMPLOYEES

9.1 Under present Access Requirements, all employees will be, as a minimum, in possession of current appropriate access badges, and if other badges are required by other Bahrain authorities, those requirements shall be met in addition to any U.S. Navy Installation Access Badges that may be required. Should Installation Access systems go to a “badgeless system”, the contractor shall provide a displayable, photo ID badge system for all their workers, as approved by the Contracting Officer.

9.2 In such case that a Contractor badging system is used, a listing of issued identification cards shall be furnished to the Contracting Officer and updated as needed to reflect contractor and subcontractor personnel changes.

10. OPERATIONS AND STORAGE AREAS

10.1 There is limited space for use by the contractor covered under this contract. Areas to be provided for contractor’s use in operation of his offices, shops, and storage facilities will be designated by the Contracting Officer’s on-site representative. The contractor shall not be authorized to have living accommodations for his work force on any worksite. The contractor shall be responsible for providing all off-site facilities necessary to effectively and efficiently manage, administer, and prosecute the contract work. Contractor shall be responsible for obtaining and payment of all fees and other costs related to obtaining required Host Nation or local authorizations, permits and licenses necessary to establish quarry operations, batching operations and haul routes and disposal sites.

10.2 All contractor facilities shall be of substantial construction suitable for local weather conditions. Sanitary facilities shall meet the requirements of Corps of Engineers Safety and Health Requirements Manual EM 385-1-1.

Except as specifically approved by the Contracting Officer, the contractor shall construct a temporary 1.8 meter high chain link fence around all trailers and materials storage areas. Fences shall include plastic strip inserts, colored brown, so that visibility through the fence is obstructed.

a. Administrative Facilities: The contractor may be provided the use of a parcel of land if available. The contractor shall be required to provide, at his own expense, any improvements to this site such as surfacing, fencing, trailers, and/or sheds that are necessary for performance of work under this contract. The site shall be maintained to present a neat and orderly appearance.

b. Communications: The contractor may be allowed to use commercial telephone service if available. If available, it is the contractor’s responsibility to arrange for service installation and any recurring charges.

11. U.S. ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL, EM

385-1-1

The contractor is responsible for complying with US Army Corps of Engineers safety and health requirements as set forth in manual EM 385-1-1. The manual is posted on the worldwide web at the USACE home page:

http://www.usace.army.mil. Select "Library" from the top banner; select “Publications”; under “Table of USACE Publications” select “Engineer Manuals”; under the “Pub. Number” column, find and select EM 385-1-1. The manual is available in English, Arabic, Japanese and Dari.

12. OTHER WORK

The Contractor shall fully cooperate with other contractors, utility companies, and government employees engaged in other work on and/or adjacent to the work to be performed under this contract. The contractor shall coordinate the work herein and the use of haul roads, aggregate sources, and utilities that become a joint responsibility. Any damage resulting from the use of facilities of other contractors shall immediately be repaired to the satisfaction of, or as directed by the Contracting Officer.

13. REQUIRED INSURANCE

13.1 The contractor shall procure and maintain during the entire period of his performance under this contract the insurance required by the General Provisions of this contract entitled Workmen's Compensation Insurance (Defense Base Act), and Workmen's Compensation and War Hazard Insurance Overseas. A blanket waiver of the provision of the Defense Base Act is in effect for all employees of contractors and subcontractors working on Department of the Army contracts who are neither residents nor citizens of the United States, nor who were hired in the United States at locations with an active DBA waiver. Countries with an active DBA waiver may be found at https://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm. The country of Bahrain does not have a waiver and is therefore not exempt from the requirement to provide DBA insurance.

13.2 The waiver does not apply to any employees who are (1) Hired in the United States by any Contractor or Subcontractor; (2) Residents of the United States; or (3) Citizens of the United States.

13.3 Prior to the commencement of work hereunder, the contractor shall furnish to the Contracting Officer a certificate or written statement of required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by the laws of the state in which this contract is to be performed in no event less than thirty (30) calendar days after written notice thereof to the Contracting Officer.

14. WORKERS COMPENSATION INSURANCE (DEFENSE BASE ACT) – CONSTRUCTION (APR

2011)

14.1 This contract requirement supplements FAR Clause 52.228-3 Workers’ Compensation Insurance (Defense Base Act).

14.2 The Department of Labor (DOL) has approved multiple insurance carriers which promotes a competitive market environment. Therefore, USACE contractors shall obtain commercially available DBA insurance from a DOL authorized insurance carrier unless the contractor is under a self-insurance program approved by the DOL or subject to a waiver. The DOL approved carriers and self-insured employers are available at http://www.dol.gov/owcp/dlhwc/lscarrier.htm.

14.3 The contractor agrees to procure Defense Base Act (DBA) insurance. Proof of this insurance shall be provided to the Contracting Officer. The contractor shall submit proof of insurance for the Prime and their Subcontractor(s) at every tier.

14.4 DBA may be included as a cost element under the contractor’s Site Overhead rate or may be included as a separate cost element. In either case, however, DBA is a firm fixed-price element and the contract will not be modified for under- or overpayment.

14.5 The District/Center Safety and Occupational Health Manager POC is:

Ms. Melanie Barajas, phone 540-665-3746; email Melanie.C.Barajas@usace.army.mil

14.6 Failure to comply with and purchase DBA Insurance in accordance with FAR clause 52.228-3 Workers’ Compensation Insurance (Defense Base Act) shall be considered a material breach and could cause your contract to be terminated for default.

15. PUBLIC RELEASE OF INFORMATION

The contractor shall coordinate with the Middle East District of the U.S. Army Corps of Engineers for release of information to the public concerning this contract or any program related to this contract. This clause covers Media Relations and Printed Materials.

a. Media Relations: The contractor is permitted to speak to news media representatives in accordance with his firm’s public relations policies and in conjunction with applicable U.S. Government or Army Corps of Engineers’ guidelines on release of information related to the specific program for which the contract was awarded. The contractor is required to inform the Middle East District of significant media contacts. The contractor is encouraged to coordinate directly with the Middle East District’s Public Affairs Officer, as necessary, when the media call is being responded to; however, this shall not preclude the contractor from responding to media requests in a timely manner. The contractor shall respond to inquiries that directly fall within his domain and shall not speak for the U.S.

Government.

b. Printed Materials:

(1) The Contractor shall not release to anyone outside the Contractor’s organization any unclassified information, regardless of medium, pertaining to this contract, unless:

(a) The Middle East District has given written approval, either by the Public Affairs Officer or by the Contracting Officer;

(b) Or the information is otherwise in the public domain before the date of release.

(2) The Contractor shall obtain approval from the Middle East District prior to the dissemination of any briefings or speeches, news releases, articles, fact sheets, advertisements, or any other informational materials intended for public release that are the result of work performed or to be performed under this contract. This review is intended to insure that public release of material does not violate government policy.

(3) Requests for approval shall identify the specific information to be released, the medium to be used, and the purpose for release. This material shall be submitted to the Public Affairs Officer and to the Contracting Officer at the Middle East District. The Contractor shall strive to provide five (5) work days for such approvals. Materials to be released within a shorter period of time will require special handling procedures, and the Contractor shall request special consideration directly to the Public Affairs Officer or to the Contracting Officer.

(4) The Contractor agrees to include a similar requirement in each subcontract under this contract. Subcontractors shall submit requests for authorization to release through the prime Contractor to the government (the Public Affairs Officer and the Contracting Officer), assuring the government that the prime Contractor is knowledgeable of the action and concurs.

Nothing in the foregoing section on public release of information shall affect compliance with the clause of the contract entitled, “Security Requirements.”

16. CONTRACTOR PERFORMANCE EVALUATIONS

In accordance with the provisions of Subpart 36.201 (Evaluation of Contractor Performance) of the Federal Acquisition Regulation (FAR), construction contractors’ performance shall be evaluated throughout the performance of the contract. The United States Army Corps of Engineers (USACE) follows the procedures outlined in Engineering Regulation (ER) 415-1-17 to fulfill this FAR requirement for Construction Contracts awarded at or above $100,000.00, the USACE will evaluate contractors’ performance and prepare a performance report using the Contractor Performance Assessment Reporting System (CPARS), which is a web-based system. After an evaluation (interim or final) is written up by the USACE, the contractor will have the ability to access, review and comment on the evaluation for a period of sixty (60) calendar days. Accessing and using CPARS requires specific software, called PKI certification, which is installed on the user’s computer. The certification is a Department of Defense requirement and was implemented to provide security in electronic transactions. The certification software could cost approximately $110 - $125 per certificate per year and is purchased from an External Certificate Authorities (ECA) vendor. Current information about the PKI certification process and for contacting vendors can be found on the web site: http://www.cpars.navy.mil/. If the contractor wishes to participate in the performance evaluation process, access to CPARS and PKI certification is the sole responsibility of the contractor.

The Point of Contact for Performance Assessment Report and the Schedule for the Assessment(s) is as follows:

Mr. Mark Wittrock Email: Mark.A.Wittrock@usace.army.mil

17. IMPLEMENTING EQUIPMENT GUARANTEES

When the completed facility or part of a facility is accepted by the Contracting Officer, and the work includes equipment covered by a guarantee which exceeds the warranty of construction period as specified, the contractor shall furnish the following information to the Contracting Officer:

a. A list of all items with make and model numbers.

b. A copy of manufacturer's or vendor's guarantee documents which extend beyond the warranty of construction period.

c. The date during which the Contractor's guarantee is in effect under the properly identified individual section and paragraph of the Technical Provisions each item of equipment on the list, indicating for each item the date of acceptance for the beginning of the guarantee period, either for beneficial use or final acceptance, whichever is earlier, and the expiration date of the guarantee period.

d. Name of an authorized representative of the prime Contractor with complete address and telephone number, and the names, addresses, and telephone numbers of all subcontractors and/or equipment suppliers or manufacturers specifically designated in writing by the prime Contractor for direct contact by the Bahrain Government for implementing the guarantee after transfer of the equipment.

18. SAFEGUARDING OF INFORMATION

The personnel employed on this contract may, in the performance of their assigned duties, have access to data and information pertaining to location of goods, supplies, parts, equipment, vehicles, and explosives. Knowledge of this nature is considered restricted security information. This information shall be protected and safeguarded against disclosure to any unauthorized person or party and shall be furnished or used on an official "need to know" basis only. Safeguarding of information is extended to dependents and guests of employees who may, in any manner, obtain knowledge of the Host Government military capacity. Taking of photographs of any airport, military installation, or military facility is prohibited.

19. DUTIES, TAXES, AND LICENSE FEES – BAHRAIN

19.1 The contractor is responsible for determining the amount of and the extent to which VAT applies to its proposed cost of constructing the project, and for including any such amounts in its proposed price.

19.1 All materials, equipment and supplies that are for use and/or incorporation into the project are exempt from Bahrain taxes, duties and license fees. The Contractor warrants his price for this contract is exclusive of any such charges.

19.2 If after the date of this contract and except for the provisions of paragraph 21.3., below, the contractor is required by the Host Government to pay any such taxes, duties, or license fees (paid directly to the Host country), on materials, equipment and supplies for use and/or Incorporation into this project, he shall notify the Contracting Officer in writing within thirty calendar (30) days. Upon satisfactory proof of payment of such duties, taxes or license fees, the contractor will be reimbursed for the amount of the payment therefore.

19.3 Contractor-owned or controlled materials, equipment and supplies sold or disposed of by the contractor may be subject to the imposition of local duties and within the Host country taxes. No reimbursement will be made under this clause for such transactions.

19.4. The contractor shall maintain an inventory control and accounting system adequate to reflect the usage and disposition of all contractor-owned property which has entered the country duty-free under this contract.

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: W912ER-22-X-XXXX Line 7 “Name and address of the acquiring agency”:

Name: The U.S. Army Corps of Engineers Transatlantic Middle East District City or town, state or province: Box 2250 Winchester, VA 22604-1450 Country (do not abbreviate): United States

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 Middle East District 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 communicated to the contractor, BUT WILL NOT BE WITHHELD. It is the contractor’s responsibility to set aside, or remit to the IRS, the amount identified 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; 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.

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.

20. GOVERNMENT FURNISHED CONTRACTOR SUPPORT

The following is a summary of the type of support the Government will provide the contractor on an “as-available” basis. The provided services are the same as noted in the letter of authorization between the Government of Bahrain and the U.S. Government and, in the event of any discrepancy between this summary and the description of services in the Statement of Work, the letter of authorization will take precedence. When contractor employees are in transit, all checked blocks are considered authorized.

U.S. Citizens

APO/MPO/DPO/Postal Service DFACs Mil Issue Equip

Authorized Weapon Excess Baggage MILAIR (inter/intra theater) Billeting Fuel Authorized MWR CAAF* Govt Furnished Meals Controlled Access Card (CAC) Military Banking Transportation Installation Access Badge Laundry Primary Care Military Exchange None

* CAAF is defined as Contractors Authorized to Accompany Forces.

21. REQUIREMENTS FOR ISSUANCE OF NOTICE TO PROCEED (NTP)

The following contract requirements (a) through (g) below must be provided to the Contracting Officer and the Contract Specialist.

FAILURE TO PROVIDE THE FOLLOWING ITEMS TO THE CONTRACTING OFFICER WITHIN THIRTY

(30) DAYS OF CONTRACT AWARD SHALL BE CONSIDERED A MATERIAL BREACH OF CONTRACT

AND COULD CAUSE THIS CONTRACT TO BE TERMINATED FOR DEFAULT.

(a) You must provide a complete and signed copy of the Notice of Award to the Contracting Officer.

(b) Proof of a valid DBA Insurance policy with Department of Labor’s (DOL) DBA insurance carriers for the Prime and all Subcontractors at every tier for performance of this contract. This is a contract requirement in accordance with FAR clause 52.228-3 “Worker’s Compensation Insurance (Defense Base Act)”. Proof of this insurance policy may be in the form of a paid invoice for DBA Insurance or an email from DOL’s insurance carrier sent to the Contracting Officer.

(c) Provide original and fully executed Surety or other security for bonds in accordance with FAR Clause

52.228- 15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION.

(d) Notice of Application of US Criminal Jurisdiction. In accordance with DFARS clause 252.225-7995 “Contractor Personnel Performing in the United States Central Command Area of Responsibility”, you are required to notify any employee working on this contract who is a US National about the overseas application of US Criminal Jurisdiction. You must provide the Contracting Officer a copy of the “Notice of Application of US Criminal Jurisdiction” that you will provide to your employees. If you will not employ US Nationals on this contract, you must provide a statement of non-applicability to the Contracting Officer. Either the notice or statement of nonapplicability shall be in the form of a memorandum on your company letterhead which has been signed by an authorized representative of your company.

(e) Travel Warning Notifications. In accordance with DFARS clause 252.225-7043 “Antiterrorism/Force Protection Policy For Defense Contractors Outside the United States”, you are required to provide antiterrorism/force protection awareness information (i.e. Travel Warnings) to all employees performing work under this contract. You must provide the Contracting Officer a copy of these travel warnings that you will issue to your employees on your company letterhead and which has been signed by an authorized representative of your company.

(f) Proof of SPOT entry of employees performing work under this contract. In accordance with DFARS clause 252.225-7995 “Contractor Personnel Performing in the United States Central Command Area of Responsibility”, you are required to record all personnel working under this contract in the Synchronized Pre- Deployment Operational Tracker (SPOT) system. The SPOT system is found at https://spot.dmdc.mil. This requirement is for all employees of the Prime and their Subcontractors at every tier of performance of this contract. You are required to input personnel into the SPOT system and maintain this data during the entire performance period of the contract. If your company is not already registered in SPOT, Contractor company administrators should register for a SPOT account at https://spot.dmdc.mil; and the customer support team must validate user need. This process may take two business days. Company supervisors will be contacted to validate Contractor company administrator account requests and determine the appropriate level of user access. Once you are registered you must input at least five (5) personnel into the SPOT system. All employees assigned to the job under the contract should be entered as soon as possible and the list maintained in a current status whenever personnel changes occur.

(g) The certification required by FAR 52.222-56, Certification Regarding Trafficking in Persons Compliance Plan.

22. REQUIRED USE OF U.S. FLAG VESSELS

In accordance with DFARS 252.247-7023, the contractor is required to use U.S. flag vessels when transporting any supplies by sea under this contract. Any shipment not using a U.S. flag vessel is considered an unauthorized shipment for which the contracting officer reserves the right to adjust the contract price or pursue any other actions or remedies available under the contract.

The contractor shall provide the following certified information with each monthly progress payment. This information will allow the Government to verify the contractor’s compliance with the contract’s U.S. flag vessel requirement.

Failure to provide the certification may result in rejection of the progress payment.

Certification -

Certification - DFARS 252.247-7023, Transportation of Supplies by Sea

The terms “Ocean transportation,” “foreign-flag vessel,” and “U.S.-flag vessel,” as used below, are defined in

DFARS 252.247-7023.

1. I hereby certify to the best of my knowledge and belief that (check one):

No ocean transportation has been used in performance of this contract;

Ocean transportation was used and only U.S.-flag vessels have been used for all legs of ocean shipments under the contract;

Ocean transportation has been used, and the Contractor had the written consent of the Contracting Officer for all foreign-flag ocean transportation (including any shipment comprised of a combination of U.S.- and foreign-flag vessels, such as Priority Two (P2) service); or

Ocean transportation has been used and some or all of the shipments were made on foreign-flag vessels (which includes any shipment comprised of a combination of U.S.- and foreign-flag vessels, such as Priority Two (P2) service) without the written consent of the Contracting officer. The items shipped are described below (attach additional pages if necessary):

2. I hereby certify to the best of my knowledge and belief that in accordance with DFARS 252.247- 7023(e), within 30 days after each shipment covered by the DFARS clause, the contractor has provided the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW., Washington, DC 20590, one copy of the rated on board vessel operating carrier’s ocean bill of lading, which contains the information required in paragraph (e) of the DFARS clause.

I acknowledge that the Contracting Officer is entitled to equitably adjust the contract accordingly based on either the authorized or unauthorized use of a foreign-flag vessel in the performance of this contract. I further acknowledge that in the event of unauthorized use of a foreign-flag vessel, (1) the contracting officer is entitled to reject materials shipped via foreign flag vessel without the Contracting Officer’s consent, as well as the unauthorized shipping method; and (2) the contractor shall be solely responsible for any costs to reship any materials in a compliant manner, as well as any associated delays. I also acknowledge the Contracting Officer’s right to any additional remedies for unauthorized use of a foreign-flag vessel, including documenting any violation in CPARS and termination for default.

Item Description Contract Line Items Quantity

I recognize that unless this certification is included with the invoice, the Government will reject it and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract.

Typed Name and Title Date_____________________________________________

Signature________________________________________________________

In addition to the Release of Claims referenced in paragraph 2.9 above, the contractor shall provide the following certified information with its final progress payment request. Failure to provide the certification may result in a rejection of the final payment request.

Certification of Compliance with DFARS 252.247-7023, Transportation of Supplies by Sea The terms “Ocean transportation,” “foreign-flag vessel,” and “U.S.-flag vessel,” as used below, are defined in DFARS 252.247- 7023. In accordance with DFARS 252.247-7023(f), I hereby certify to the best of my knowledge and belief that (check one):

No ocean transportation was used in the performance of this contract;

Ocean transportation was used and only U.S.-flag vessels were used for all legs of ocean shipments under the contract;

Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all foreign-flag ocean transportation (including any shipment comprised of a combination of U.S.- and foreign-flag vessels, such as Priority Two (P2) service); or

Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels (which includes any shipment comprised of a combination of U.S.- and foreign-flag vessels, such as Priority Two (P2) service) without the written consent of the Contracting officer. The items shipped are described below (attach additional pages if necessary):

I recognize that unless the certification above is included with the final pay request, the Government will reject it and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract.

I acknowledge that the contracting officer is entitled to equitably adjust the contract, based on either the authorized or unauthorized use of a foreign flag-vessel in the performance of this contract. I also acknowledge the Contracting Officer’s right to any additional remedies for unauthorized use of a foreign-flag vessel, including documenting any violation in CPARS and termination for default.

Typed Name and Title Date_______________________________________

Signature___________________________________________________________________

(End of Summary of Changes)

Item Description Contract Line Items Quantity