Amendment W912ER22R00280003 Al Qassim Simulator.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

See SF 30 Block 14 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-Apr-2022

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 W912ER22R0028

X 9B. DATED (SEE ITEM 11)

24-Mar-2022

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

29-Apr-2022

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:

W912ER22R0028

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 0003

The purpose of this amendment is to accomplish the following:

1. Section 00 01 10: Adjust solicitation page numbers accordingly to account for Amendment 0003 changes.

2. Section 00 01 10: Incorporate specifications 497449 RSLFAC DP8 PKG 5 Specifications - Al Qassim and drawings 2022-04-26_AM03_DP08_SA-457449-10_Al Qassim Facilities as a result of bidder inquiry communications.

3. Section 00 01 10: Incorporate 2021-09-23_RSLFAC Phase 2A_Revised Final Geotech Report_Al Qassim as Attachment 8 and 2022-01-31_RSLFAC Phase 2A_Supplementary Geotechnical Report_Al Qassim as Attachment 9.

4. Section 00 01 10: Incorporate Topographic Survey Report Rev01 - Al Qassim as Attachment 10.

5. Section 00 01 10: Incorporate Proposed Field Office and Laydown Area_RSLFAC Al Qassim Simulator as Attachment 11.

6. SF 1442 Block 13A: Extend the proposal due date and time from 6 May 2022, 10:00 AM Eastern Daylight Time (EDT) to 13 May 2022, 10:00 AM Eastern Daylight Time (EDT).

7. Section 00 72 00: Revise drawings and specifications listing under DFARS 252.236-7001 to include 497449 RSLFAC DP8 PKG 5 Specifications - Al Qassim and drawings 2022-04- 26_AM03_DP08_SA-457449-10_Al Qassim Facilities.

8. Section 00 73 00: Remove exemption language for VAT from Section O. under Special Contract Requirements.

9. All other terms and conditions remain unchanged.

SECTION 00 01 10 - TABLE OF CONTENTS

The Table of Contents has changed from:

TABLE OF CONTENTS

SECTION TITLE PAGE

SECTION 00 10 00 STANDARD FORM (SF) 1442 AND CLIN SCHEDULE……………..1-8

SECTION 00 21 00 INSTRUCTIONS………………………………………………………..9-21

SECTION 00 21 16 INSTRUCTIONS TO PROPOSERS……………………………………22-38

SECTION 00 45 00 REPRESENTATIONS AND CERTIFICATIONS……………………..39-54

SECTION 00 72 00 GENERAL CONDITIONS BY REFERENCE AND FULL TEXT……55-116

SECTION 00 73 00 SUPPLEMENTARY CONDITIONS…………………………………..117-126

SPECIFICATIONS: CDC - 2022-02-11_RSLFAC Phase 2A_DP8_Specifications

DRAWINGS: 2022-02-25_RTA_DP08_SA-457449-10_Qassim Facilities_V1

2022-02-25_RTA_DP08_SA-457449-10_Qassim Facilities_V2

APPENDIX A: SOLICITATION ATTACHMENTS

ENCLOSURE A – CORPORATE CERTIFICATE

ENCLOSURE B – PRE-AWARD/CONTRACTOR RESPONSIBILITY INFORMATION

ATTACHMENT 1 – PERFORMANCE DISTRIBUTION SHEET

ATTACHMENT 2 – CONSTRUCTION EXPERIENCE FORM

ATTACHMENT 3 – PROJECT OVERVIEW SHEET REV 1

ATTACHMENT 4 – PROJECT SUMMARY FORM

ATTACHMENT 5 – PAST PERFORMANCE QUESTIONNAIRE (PPQ)

ATTACHMENT 6 – PROPOSAL PRICE BREAKOUT SCHEDULE

ATTACHMENT 7 – ANTI-COLLUSION CERTIFICATION

to:

SECTION 00 10 00 STANDARD FORM (SF) 1442 AND CLIN SCHEDULE……………..1-9

SECTION 00 21 00 INSTRUCTIONS………………………………………………………..10-22

SECTION 00 21 16 INSTRUCTIONS TO PROPOSERS……………………………………23-39

SECTION 00 45 00 REPRESENTATIONS AND CERTIFICATIONS……………………..40-55

SECTION 00 72 00 GENERAL CONDITIONS BY REFERENCE AND FULL TEXT……56-117

SECTION 00 73 00 SUPPLEMENTARY CONDITIONS…………………………………...118-126

SPECIFICATIONS: CDC - 2022-02-11_RSLFAC Phase 2A_DP8_Specifications 497449 RSLFAC DP8 PKG 5 Specifications - Al Qassim

DRAWINGS: 2022-02-25_RTA_DP08_SA-457449-10_Qassim Facilities_V1

2022-04-26_AM03_DP08_SA-457449-10_Al Qassim Facilities

ENCLOSURE B – PRE-AWARD/CONTRACTOR RESPONSIBILITY INFORMATION

ATTACHMENT 1 – PERFORMANCE DISTRIBUTION SHEET

ATTACHMENT 2 – CONSTRUCTION EXPERIENCE FORM

ATTACHMENT 3 – PROJECT OVERVIEW SHEET REV 1

ATTACHMENT 4 – PROJECT SUMMARY FORM

ATTACHMENT 5 – PAST PERFORMANCE QUESTIONNAIRE (PPQ)

ATTACHMENT 6 – PROPOSAL PRICE BREAKOUT SCHEDULE

ATTACHMENT 7 – ANTI-COLLUSION CERTIFICATION

ATTACHMENT 8 – 2021-09-23_RSLFAC Phase 2A_Revised Final Geotech Report_Al Qassim ATTACHMENT 9 – 2022-01-31_RSLFAC Phase 2A_Supplementary Geotechnical Report_Al Qassim ATTACHMENT 10 – Topographic Survey Report Rev01 - Al Qassim ATTACHMENT 11 – Proposed Field Office and Laydown Area_RSLFAC Al Qassim Simulator

The following have been modified:

SECTION 00 10 00 STANDARD FORM (SF) 1442 AND CLIN SCHEDULE……………..1-9

SECTION 00 21 00 INSTRUCTIONS………………………………………………………..10-22

SECTION 00 21 16 INSTRUCTIONS TO PROPOSERS……………………………………23-39

SECTION 00 45 00 REPRESENTATIONS AND CERTIFICATIONS……………………..40-55

SECTION 00 72 00 GENERAL CONDITIONS BY REFERENCE AND FULL TEXT……56-117

SECTION 00 73 00 SUPPLEMENTARY CONDITIONS…………………………………...118-126

SPECIFICATIONS: CDC - 2022-02-11_RSLFAC Phase 2A_DP8_Specifications 497449 RSLFAC DP8 PKG 5 Specifications - Al Qassim

DRAWINGS: 2022-02-25_RTA_DP08_SA-457449-10_Qassim Facilities_V1

2022-04-26_AM03_DP08_SA-457449-10_Al Qassim Facilities

ENCLOSURE B – PRE-AWARD/CONTRACTOR RESPONSIBILITY INFORMATION

ATTACHMENT 1 – PERFORMANCE DISTRIBUTION SHEET

ATTACHMENT 2 – CONSTRUCTION EXPERIENCE FORM

ATTACHMENT 3 – PROJECT OVERVIEW SHEET REV 1

ATTACHMENT 4 – PROJECT SUMMARY FORM

ATTACHMENT 5 – PAST PERFORMANCE QUESTIONNAIRE (PPQ)

ATTACHMENT 6 – PROPOSAL PRICE BREAKOUT SCHEDULE

ATTACHMENT 7 – ANTI-COLLUSION CERTIFICATION

ATTACHMENT 8 – 2021-09-23_RSLFAC Phase 2A_Revised Final Geotech Report_Al Qassim ATTACHMENT 9 – 2022-01-31_RSLFAC Phase 2A_Supplementary Geotechnical Report_Al Qassim ATTACHMENT 10 – Topographic Survey Report Rev01 - Al Qassim ATTACHMENT 11 – Proposed Field Office and Laydown Area_RSLFAC Al Qassim Simulator

SECTION 00 10 00 - SOLICITATION

The required response date/time has changed from 06-May-2022 10:00 AM to 13- May-2022 10:00 AM.

SECTION 00 72 00 - GENERAL CONDITIONS

252.236-7001 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.

2022-02-25_RTA_DP08_SA-457449-10_Qassim Facilities_V1.pdf 2022-02-25_RTA_DP08_SA-457449-10_Qassim Facilities_V2.pdf 2022-04-26_AM03_DP08_SA-457449-10_Al Qassim Facilities.pdf CDC - 2022-02-11_RSLFAC Phase 2A_DP8_Specifications.pdf

497449 RSLFAC DP8 PKG 5 Specifications - Al Qassim

(End of clause)

SECTION 00 73 00 - SUPPLEMENTARY CONDITIONS

SCR

SPECIAL CONTRACT REQUIREMENTS

A CONTRACT ADMINISTRATION

B REQUIRED INSURANCE

C WORKERS COMPENSATION INSURANCE (DEFENSE BASE ACT)

D ENGLISH SPEAKING REPRESENTATIVE

E PUBLIC RELEASE OF INFORMATION

F SUBMITTING PAY ESTIMATES AND PAYMENTS TO THE CONTRACTOR

G CONTRACTOR LIAISON WITH FOREIGN GOVERNMENT

H COMPLIANCE WITH HOST COUNTRY RULES AND CUSTOMS

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

J CONTRACTOR PERFORMANCE EVALUATIONS

K INSTALLATION ACCESS

L INDIVIDUALS/WORKERS FROM COUNTRIES OF CONCERN

M IMPLEMENTING EQUIPMENT GUARANTEES

N REQUIREMENTS FOR ISSUANCE OF NOTICE TO PROCEED

O KSA TAXES (INCLUDING VAT), DUTIES AND USE FEES

P FAR PROVISION 52.229-11 AND FAR CLAUSE 52.229-12

A. CONTRACT ADMINISTRATION

1. The Contracting Officer, Ms. Carla A. Echols, will administer the contract at the following address:

US Army Corps of Engineers Transatlantic Middle East District (TAM) Attn: Carla A. Echols 201 Prince Frederick Drive Winchester, VA 22602 Phone Number: 540 665-2688 Email: carloso.a.echols@usace.army.mil

2. The Procuring Contracting Officer, or his or her duly authorized successor, 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.

3. Contracting Officer’s Representative: A Contracting Officer’s Representative (COR) will be appointed in writing by the Contracting Officer 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 for the government.

(End of Requirement)

B. REQUIRED INSURANCE

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.

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.

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.

C. WORKERS COMPENSATION INSURANCE (DEFENSE BASE ACT)

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

2. The Contractor agrees to procure Defense Base Act (DBA) insurance pursuant to the terms of the contract. The Contractor shall obtain commercially available DBA insurance from a Department of Labor (DOL) authorized insurance carrier unless the contractor is under a self insurance program approved by the DOL, or subject to waiver.

The DOL approved carriers and self insured employers are listed at https://www.dol.gov/owcp/dlhwc/lscarrier.htm.

The Contractor shall submit proof of a valid DBA Insurance policy before issuance of the Notice to Proceed (NTP).

3. The Contractor agrees to insert a Special Contract Requirement substantially the same as this one in all subcontracts (at every tier) to which DBA is applicable.

4. Claims reporting – The Contractor shall make timely Defense Base Act insurance claims on behalf of each employee who is injured or killed in the course of their employment under this contract, and shall ensure that similar language is in each Subcontractor’s contract. The Contractor’s Safety officer shall, in addition to any other duties required to be performed under the contract, perform the following:

a. Make timely Defense base Act insurance claims on behalf of each employee who is injured or killed in the course of their employment under this contract; and

b. Make monthly written reports to the Contracting Officer, Administrative Contracting Officer, and the District/Center Safety and Occupational Health manager, providing the names of each such injured or deceased employee, the circumstances surrounding each injury or death, the dates of each injury or death, the date the insurance claim was made on behalf of each employee, and the current status of each claim.

c. The District/Center Safety and Occupational Health Manager POC is: Mr. Kevin R. Raposa; telephone 540-

678-1712; email: kevin.r.raposa@usace.army.mil.

5. Failure to comply and purchase Defense Base Act (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 the contract to be terminated for default/cause.

D. ENGLISH SPEAKING REPRESENTATIVE

At all times when any performance of the work at any site is being conducted by any employee of the Contractor or his subcontractors, the Contractor shall have a representative present at each site who has the capability of receiving instructions in the English language, fluently speaking the English language and explaining the work operations to persons performing the work in the language that those performing the work are capable of understanding. The Contracting officer shall have the right to determine whether the proposed representative has sufficient technical and lingual capabilities, and the Contractor shall immediately replace any individual not acceptable to the Contracting Officer.

E. 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.

1. 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; he shall not speak for the Army or the Corps.

2. Printed Materials: 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.

3. 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.

4. 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.

5. 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.”

(End of Requirement)

F. SUBMITTING PAY ESTIMATES AND PAYMENTS TO THE CONTRACTOR

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. Progress payments are authorized under a construction contract in accodance with Contract Clause FAR 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. The Contracting Officer 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 omplete and a proper invoice has been received, the Contracting Officer can process the invoice for payment through the cognizant finance and accounting office.

3. Method of Payment: Electronic funds transfer

G. CONTRACTOR LIAISON WITH FOREIGN GOVERNMENT

All communication by the Contractor with officials, representatives and/or offices of the Host Government 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 practive in the processing of normal business licenses and permissions with the various levels of the Host Government.

H. COMPLIANCE WITH HOST COUNTRY RULES AND CUSTOMS

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.

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 Fovernment, 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 clearances.

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 nonindigenous 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 notie 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 bueaus, 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 dovuments, payments an dpayrolls.

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

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

s. Unless otherwise provided in this ontract, 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.

I. 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.

J. CONTRACTOR PERFORMANCE EVALUATIONS

In accordance with the provisions of Subpart 36.201 (Evaluation of Contractor Performance) of the Federal Acquisition Regulation (FAR), Construction Contractor’s performance shall be evaluated throughout the performance of the contract. For Construction Contracts awarded at or above $700,000.00, the USACE shall monitor the Contractors compliance with the past performance evaluation requirements (see 42.1502), and use the Contractor Performance Assessment Reporting System (CPARS) metric tools to measure the quality and timely reporting of past performance information.

Past performance evaluations shall be prepared at least annually and at the time the work under a contract or order is completed. Past performance information shall be entered into CPARS, the Government wide evaluation reporting tool for all past performance reports on contracts and orders.

CPARS and PKI certification is the sole responsibility of the Contractor.

Instructions for submitting evaluations into CPARS are available at http://www.cpars.gov/.

K. INSTALLATION ACCESS

Work under this contract may be performed at a location with security and access control procedures. Compliance with base pass and access procedures, as well as understanding of the time frames for obtaining base passes and access are 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.

1. Other Data: 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.

2. 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. Contractor shall comply with all such requirements, as directed by the Contracting Officer.

3. 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.

L. INDIVIDUALS/WORKERS FROM COUNTRIES OF CONCERN

The information contained in this Paragraph is for informational purposes only. It is the Contractor's responsibility to verify that the information provided is accurate and current. Compliance with base pass and access procedures, as well as understanding of the time frames for obtaining base passes and access, is the sole responsibility of the Contractor, and the procedures are subject to change. Contractor shall be responsible for determining the nature and amount of any fees required. The installation controls access to the project site and may impose controls and restrictions based on nationality and other factors, in the issuance of work visas and in granting or denying installation access to individuals, materials, and equipment. It shall be the responsibility of the Contractor to determine what such restrictions may apply to its workforce and to maintain an adequate workforce in the Kingdom of Saudi Arabia and secure installation access for sufficient personnel, materials, and equipment to perform the requirements of the contract, even as controls or restrictions on work visas and/or installation access change before or during the performance of the contract.

Citizens of the countries listed may be subject to additional levels of Host-Nation security screening. Additional screening may require significant additional time and/or prohibited access to the work site. Compliance with base pass and access procedures is the sole responsibility of the Contractor and this information is provided for informational purposes only.

Afghanistan Cambodia Commonwealth of Independent States (including Armenia, Azerbaijan, Byelorussia, Kazakhstan, Kirghizia, Moldavia, Russia, Tadzhikistan, Turkestan, and Uzbekistan; the Kurile Islands; and South Sakhalin (Karafuto)).

Cuba Egypt Iran Iraq Libya North Korea (Communist Korea) Pakistan People's Republic of China, including Tibet Syria Vietnam Lebanon Sudan Yemen Turkey Palestine

M. 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:

1. A list of all items with makes and model numbers.

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

3. 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.

4. 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 Host Government for implementing the guarantee after transfer of the equipment.

N. REQUIREMENTS FOR ISSUANCE OF NOTICE TO PROCEED

The following contract requirements (1) through (4) below must be provided to the Contracting Officer and the Contract Specialist. No earlier deadline for meeting any requirement included herein is waived by this clause. The purpose of this clause is specifically to set forth prerequisites for issuance of Notice to Proceed.

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

(15) CALENDAR DAYS FROM CONTRACT AWARD MAY BE CONSIDERED A MATERIAL BREACH OF

CONTRACT AND COULD CAUSE THIS CONTRACT TO BE TERMINATED FOR DEFAULT.

ANY TIME THAT THE NOTICE TO PROCEED IS DELAYED DUE TO THE CONTRACTOR’S FAILURE TO

MEET

ANY OF THE REQUIREMENTS SHALL BE DEDUCTED FROM THE CONTRACT PERIOD OF

PERFORMANCE.

1. Signed acknowledgement of the Notice of Award. You must provide a complete and signed copy of the Notice of Award to the Contracting Officer.

2. 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.

3. Provide Performance and Payment Bonds, or alternate payment protection as required by the contract and in accordance with FAR Part 28.

4. EFT Wire Transfer Form. If this is your first contract with the United States Corps of Engineers (USACE) Transatlantic Middle East District (TAM), you must complete the EFT Wire Transfer Form and return to the Contracting Officer. The EFT Wire Transfer Form will be provided upon request. All contracts with USACE TAM are paid by electronic funds transfer.

O. KSA TAXES (INCLUDING VAT), DUTIES AND USE FEES

This solicitation includes in Section 00 10 00, Schedule of Prices under CLIN 0007 and Attachment 6 – Proposal Price Breakout Schedule for the offerors’ to enter the Value-Added Tax (VAT) in their price proposal; it is contemplated that the resulting contract would be subject to a VAT imposed by the Kingdom of Saudi Arabia (KSA). VAT shall be calculated at 15% of the contract value.

P. 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: W912ER22R0028 Line 7 “Name and address of the acquiring agency”:

U.S. Army Corps of Engineers Transatlantic Middle East District Winchester, VA 22602

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 “[a]gencies 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.

(End of Summary of Changes)