amd1.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

Savannah IH Maintenance Dredging Reach A-B solicitation has been amended as follow s:

A. CONTRACT CHANGES: CLIN 0001 Mobilization and Demobilization is now a biddable CLIN. CLINS 0001AA and 0001AB are deleted by Amendment 0001. Clause 52.236-27 has been deleted and replaced w ith Clause 52.2367-27 Alt I, updating site visit information. Solicitation response date has been extended to 25 Jun 2019.

B. TECHNICAL SPECIFICATION CHANGES: The revised and added Sections listed below (revised and added by Amendment No. 0001) are hereby added to and made a part of the solicitation. Revised or added information is underlined and deleted information is struck out.

Revisions can be located in the appropriate volume of specifications by searching for an asterisk and amendment number (i.e., *1).

Revised Sections; 01 14 00, 35 20 23.

C. CONTRACT DRAWINGS – All draw ings are being replaced in their entirety by Amendment No. 0001 and are hereby added to and made a part of the Contract Draw ings. All others items remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

1 16

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

16C. DATE SIGNED

BY 15-May-2019

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 W912HN19B5001

X 9B. DATED (SEE ITEM 11)

10-May-2019

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

15-May-2019

CODE

USACE - SAVANNAH DISTRICT

100 W. OGLETHORPE AVE

SAVANNAH GA 31401

W912HN 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912HN19B5001

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION

The required response date/time has changed from 11-Jun-2019 02:00 PM to 25-Jun-2019 02:00 PM.

CLIN 0001

The CLIN type priced has been added.

The CLIN extended description has changed from:

DO NOT BID THIS CLIN. SEE SUBCLINS

To:

PLEASE BID CLIN 0001. SUBCLINS FOR CLIN 0001 HAVE BEEN DELETED BY AMENDMENT 0001.

The pricing detail quantity 1.00 has been added.

The unit of issue Job has been added.

The FOB Destination has been added.

The FSC code Y1KF has been added.

The PROG code C20 has been added.

The WSC Equipment code 000 has been added.

The NAICS code 237990 has been added.

The MDAP/MAIS Code 000 has been added.

SUBCLIN 0001AA

This SUBCLIN has been renumbered to SUBCLIN 000101.

The CLIN type priced has been deleted.

The CLIN description has changed from First Mobilization/Demobilization to Deleted by Amendment 0001.

First Mobilization/Demobilization

DO NOT BID THIS SUBCLIN. PLEASE BID CLIN 0001.

The pricing detail quantity 1.00 has been deleted.

The unit of issue Each has been deleted.

The FOB Destination has been deleted.

The FSC code Y1KF has been deleted.

The PROG code C20 has been deleted.

The WSC Equipment code 000 has been deleted.

The NAICS code 237990 has been deleted.

The MDAP/MAIS Code 000 has been deleted.

SUBCLIN 0001AB

This SUBCLIN has been renumbered to SUBCLIN 000102.

The CLIN type priced has been deleted.

The CLIN description has changed from First Mobilization/Demobilization to Deleted by Amendment 00001.

All Over 1

DO NOT BID THIS SUBCLIN. PLEASE BID CLIN 0001.

The pricing detail quantity 1.00 has been deleted.

The unit of issue Each has been deleted.

The FOB Destination has been deleted.

The FSC code Y1KF has been deleted.

The PROG code C20 has been deleted.

The WSC Equipment code 000 has been deleted.

The NAICS code 237990 has been deleted.

The MDAP/MAIS Code 000 has been deleted.

The following Delivery Schedule for CLIN 0001 has been added:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

630 dys. ANP 1 USACE - SAVANNAH DISTRICT

SEE SCHEDULE FOR DELIVERY

LOCATION

100 W. OGLETHORPE AVE

SAVANNAH GA 31401

SEE SCHEDULE

FOB: Destination

W912HN

SECTION 00 21 13 - INSTRUCTIONS TO BIDDERS

The following have been added by full text:

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

(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—

23 May 2019 at 9:00AM Eastern Time

(c) Participants will meet at—

1 Speedway Blvd, Hardeeville, SC 29927 Coordinates (32.102660, -81.083863)

Meeting will begin at the Red Gate at the Entrance to the Jasper County disposal areas

POC for Site Visit:

Burton C. Moore Operations Division Chief, Dredging Section, CESAS-OP-NN Office: 912-652-6086 Cell: 912-656-9500

(End of provision)

The following have been modified:

INSTRUCTIONS TO BIDDERS

ESTIMATED LINE ITEMS SHALL NOT EXCEED THE ESTIMATED AMOUNT WITHOUT PRIOR

APPROVAL OF THE CONTRACTING OFFICER

** round all priced line items (0001 through 0018) to two (2) decimal places **

TOTAL BASE BID (Items 0001 through 0018) $_______________________

Pre-Award Information:

This Acquisition is unrestricted. This is a Single Firm Fixed Price Contract for the Unclassified and Maintenance Dredging Inner Harbor Dredging, Stations 70+000 through 103+000, Savannah, GA. Please refer to FAR 14.301, Responsiveness of Bids

Basis for Award:

Contract shall be awarded to the responsive and responsible, lowest priced prospective contractor.

Before award, to be determined responsible, a prospective contractor must furnish the following information with the submitted bid:

a. Current Financial Statements

b. Unit and Total Pricing for all line items in the bid schedule (except CLINS marked “DO NOT BID

THIS CLIN.”)

c. Contractor's Plant Data Sheet (found in Section ATTACHMENT 1 TO SECTION 00 73 00)

d. Bid Bond Guarantee per FAR 52.228-1. Failure to provide a bid bond guarantee per FAR 52.228-

1 could render your bid nonresponsive.

e. Subcontracting Plan in accordance with FAR 52.219-9 Alt 1 and AFARS Appendix DD (For Large

Businesses bidders only)

f. Any applicable Teaming Agreements

Submission of Bids:

Electronic Submission of Bids, to Include E-mail and Facsimile Transmissions, IS NOT

AUTHORIZED.

The Government will not be responsible for bids delivered to any location or to anyone other than those designated to receive bids on its behalf as indicated below. Bids shall not be addressed to any specific person. Bidders are responsible for ensuring bids are submitted so as to reach the location designated for receipt of bids. Bidders must allow sufficient time to complete security screening to gain admittance to the Juliette Gordon Low Federal Building.

Any bids hand delivered between 1:00pm and 2:00pm on the due date shall only be delivered to the contract specialist in the building entrance at:

U.S. Army Corps of Engineers, Savannah District Juliette Gordon Low Federal Building 100 West Oglethorpe Ave Savannah, Georgia 31401

All bids must be clearly identified with the bidder’s name and address. To ensure timely and proper handling, the lower left corner of the outermost wrapper should indicate the following:

Invitation for Bid No: W912HN19B5001 Due Date of Bids: See Block 13 of SF1442 Time by which Bids are due: See Block 13 of SF1442 Title of Project: Unclassified and Maintenance Dredging Inner Harbor Dredging, Stations 70+000 through 103+000, Savannah, GA

Bids delivered prior to one hour before bid opening must be delivered only by U.S. Mail, including U.S.

Express Mail, Federal Express or United Parcel Service to the address as indicated below. The date and time of delivery established by these carriers is not the official time of receipt by the Government. Security Guards posted at the loading dock entry for the building do not receive bids and will contact Mailroom personnel. Once Mailroom personnel are available, the bid will be processed by the Security Guards using established security procedures and subsequently picked up by Mailroom personnel. After receipt by the Mailroom personnel, a record will be made of the receipt of the bid. Completion of these actions will constitute delivery of the bid by the date and time designated for receipt of bids. Bidders are responsible for allowing sufficient time for the bid to be processed for receipt and are cautioned that sufficient time may be as much as 24 hours prior to the date and time designated for receipt of bids. Bids sent by U.S Mail, U.S. Express Mail, Federal Express and United Parcel Service are required to be sent to 100 West Oglethorpe Avenue, Savannah Georgia 31401.

Quality Control System (QCS): Any contract award resulting from this solicitation will require the mandatory use of the automated Quality Control System. Please see Section 01 45 01 for additional information.

Technical Matters: Submit technical inquiries and questions relating to this solicitation via Bidder Inquiry in ProjNet at (https://www.projnet.org) at least 10 calendar days prior to the date established in the IFB for receipt of bids.

If a Bidder believes that the requirements in this Invitation for Bid contain an error, omission, or are otherwise unsound, the Bidder shall immediately notify the Contracting Officer in writing, to include supporting rationale. Such communication may be submitted to the Contracting Officer through the contracting POC identified in this solicitation or via ProjNet. The Government reserves the right to award this Information for Bid based on the initial bid, as received, without discussion.

To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access. A prospective vendor who submits a comment or question will receive an acknowledgement via email, followed by an answer after it has been processed by our technical team. All timely questions and approved answers will be made available through ProjNet. Approved answers to all timely questions will also be posted on the FedBizOps in the form of a report generated from ProjNet as soon as the comment/question entering period is over and answers are all finalized.

Invitation for Bid No: W912HN19B5001 Title of Project: Unclassified and Maintenance Dredging Inner Harbor Dredging, Stations 70+000 through 103+000, Savannah, GA Bidder Inquiry Key: 8DU3R5-X389RV

Specific Instructions for Initial ProjNet Bid Inquiry Access:

1. From the ProjNet home page, click on Quick Add on the upper right side of the screen.

2. Identify the Agency as USACE.

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

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

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

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

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

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

Specific Instructions for Future ProjNet Bid Inquiry Access:

Steps 1 through 3: same as above.

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

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

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

APPARENT CLERICAL MISTAKES

1. For the purpose of initial evaluations of bids, the following will be utilized in the resolving arithmetic discrepancies found on the face of bidding schedule as submitted by the bidder:

a. Obviously misplaced decimal points will be corrected;

b. Discrepancy between unit price and extended price, the unit price will govern;

c. Apparent errors in extension of unit prices will be corrected;

d. Apparent errors in addition of lump-sum and extended prices will be corrected.

2. For the purpose of bid evaluation, the government will proceed on the assumption that the bidder intends his bid to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.

3. These correction procedures shall not be used to resolve any ambiguity concerning which bid is low.

The following have been deleted:

52.236-27

SECTION 00 70 00 - CONDITIONS OF THE CONTRACT

The Acceptance/Inspection Schedule for CLIN 0001 has been changed from:

INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

N/A N/A N/A N/A

To:

INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

N/A N/A N/A Government

The Acceptance/Inspection Schedule for SUBCLIN 000101 has been changed from:

N/A N/A N/A Government

To:

N/A N/A N/A N/A

The Acceptance/Inspection Schedule for SUBCLIN 000102 has been changed from:

N/A N/A N/A Government

To:

N/A N/A N/A N/A

SECTION 00 73 00 - SUPPLEMENTARY CONDITIONS

The following have been modified:

Additional Contract Requirements

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

MANUAL, EM 385-1-1

This paragraph applies to contracts and purchase orders that require the contractor to comply with EM 385-1-1 (e.g., contracts that include the Accident Prevention clause at FAR 52.236-13 and/or other safety provisions). EM 385-1-1 and its changes are available at http://www.publications.usace.army.mil/usacepublications/engineermanuals.aspx . The Contractor shall be responsible for complying with the current edition and all changes posted on the web through the date that is 10 calendar days prior to the date offers are due. If the solicitation is amended to extend the time set for receipt of offers, the 10 calendar days rule stated above shall be applied against the amended date. (For example, if offers are due on 10 April, all changes posted on or before 31 March shall apply to the contract. If the time for receipt of offers is extended from 10 April to 20 April, all changes posted on or before 10 April shall apply to the contract.)

2. SUBCONTRACTING PLAN FOR SMALL BUSINESS CONCERNS (FEB 2011

CESASCT)

(a) In accordance with FAR Clause 52.219-9 Alt I, large businesses must submit a subcontracting plan with their bid.

(b) The Recommended Small Business Subcontracting goals (expressed in terms of percentages of total planned subcontracting dollars) of the Savannah District are as follows:

Small Business – 47.07% Statutory Goal = 23% Small Disadvantaged – 22.99% Statutory Goal = 5% Women-Owned Small Business – 6.78% Statutory Goal = 5% Service Disabled Veteran-Owned Small Business – 5.58% Statutory Goal = 3% HUBZone Small Business – 14.66% Statutory Goal = 3%

Rates can be found at:

FY16 Small Business Goals https://www.sas.usace.army.mil/Business-With-Us/Small-Business/

3. DREDGING SAFETY MANAGEMENT PROGRAM

The Contractor shall comply with the provisions of EM 385-1-1. If the Contractor is a currently accepted participant in the Dredging Contractors of America (DCA)/United States Army Corps of Engineers (USACE) Dredging Safety Management Program (DSMP), as determined by the DCA/USACE Joint Committee, and holds a current valid Certificate of Compliance for both the Contractor Program and the Dredge(s) to be used to perform the work required under this contract, the Contractor may, in lieu of the submission of an Accident Prevention Plan (APP),

(1) make available for review, upon request, the Contractor’s current Safety Management System (SMS) documentation,

(2) submit to the Contracting Officer the current valid Company Certificate of

Compliance for its SMS,

(3) submit the current dredge(s) Certificate of Compliance based on third party audit, and

(4) submit for review and acceptance, site-specific addenda to the SMS as specified in the solicitation.

4. UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT OR OTHER

PERSONNEL:

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

5. CONTRACTOR-PREPARED NETWORK ANALYSIS SYSTEM:

The progress chart to be prepared by the contractor pursuant to FAR 52.236-15, Schedules for Construction Contracts, shall utilize the Critical Path Method (CPM) of network calculation.

6. REQUIRED INSURANCE

(a) The Contractor shall procure and maintain during the entire period of his performance under this contract the following minimum insurance:

(1) Comprehensive and Employer's Liability Insurance: Coverage in an amount not less

$100,000 or in the amount required by the State law in which the work is to be performed under this contract, whichever is greater.

(2) Comprehensive General Liability Insurance: Coverage in an amount not less than

$500,000 per occurrence.

(3) Automobile Liability Insurance: $200,000 per person and $500,000 per occurrence for bodily injury liability and $20,000 property damage liability.

(4) Vessel liability: When contract performance involves use of vessels, the contracting officer shall require vessel collision liability and protection and indemnity liability insurance.

(b) Prior to the commencement of work hereunder, the Contractor shall furnish to the

Contracting Officer a certificate or written statement of the above-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 and in no event less than 30 days after written notice thereof to the Contracting Officer.

(c) The Contractor agrees to insert the substance of this clause, including this subparagraph (c), in all subcontracts hereunder.

7. DESIGNATED BILLING OFFICE

Invoices will be sent to:

U.S. Army Corps of Engineers, USACE SAS District Attn: CESAS-CD-STH 222 Blanton Rd Hunter Army Airfield, GA 31409

8. DESIGNATED PAYMENT OFFICE

Payment will be made by:

U.S. Army Corps of Engineers Finance Center ATTN: CEFC-AO-P 5720 Integrity Drive Millington, TN 38054-5005

9. UAI 5152.231-9000 Equipment Ownership and Operating Expense Schedule.

(a) This clause does not apply to terminations. See UAI 5152.249-9000, Basis for Settlement of Proposals, and Federal Acquisition Regulation (FAR) part 49.

(b) Allowable costs for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a contractor or subcontractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial and series for which the Government can determine both ownership and operating costs from the contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the contractor's accounting records, costs for that equipment shall be based upon the applicable provisions of Engineer Pamphlet (EP) 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule, Region III. Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the contracting officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations shall apply. For retroactive pricing, the schedule in effect at the time the work was performed shall apply. USACE Acquisition Instruction (UAI), Version 4 dated 25 JAN 2017

(c) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36. Rates for equipment rented from an organization under common control, lease-purchase arrangements, and sale-leaseback arrangements, will be determined using the schedule, except that actual rates will be used for equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees.

(d) When actual equipment costs are proposed and the total amount of the pricing action exceeds the simplified acquisition threshold (SAT), the contracting officer shall request the contractor to submit either certified cost or pricing data, or partial/limited data, as appropriate. The data shall be submitted on Standard Form 1411, Contract Pricing Proposal Cover Sheet.

(End of clause)

10. UAI 5152.249-9000 Basis for Settlement of Proposals

Actual costs will be used to determine equipment costs for a settlement proposal submitted on the total cost basis under Federal Acquisition Regulation (FAR) 49.206-2(b). In evaluating a termination settlement proposal using the total cost basis, the following principles will be applied to determine allowable equipment costs:

(a) Actual costs for each piece of equipment, or groups of similar serial or series equipment, need not be available in the contractor's accounting records to determine total actual equipment costs.

(b) If equipment costs have been allocated to a contract using predetermined rates, those charges will be adjusted to actual costs.

(c) Recorded job costs adjusted for unallowable expenses will be used to determine equipment operating expenses.

(d) Ownership costs (depreciation) will be determined using the contractor's depreciation schedule (subject to the provisions of Federal Acquisition Regulation (FAR) 31.205-11).

(e) License, taxes, storage and insurance costs are normally recovered as an indirect expense and unless the contractor charges these costs directly to contracts, they will be recovered through the indirect expense rate.

(End of clause)

11. Preconstruction Conference (OCT 1988 SAS) (Ref. FAR 36.305):

Preconstruction Conference In accordance with FAR 36.305:

a. A preconstruction conference will be arranged by the Contracting

Officer after award of contract and before commencement of work.

The Contracting Officer’s Representative (COR) will notify the Contractor of the time and date set for the meeting. At this conference, the Contractor shall be oriented with respect to Government procedures and line of authority, contractual, administrative, and construction matters.

b. The Contractor shall provide the following 7 days prior to this conference, in completed form a Certificate of Insurance, plus the following items in either completed or draft form:

- Accident Prevention Plan

- Quality Control Plan

- Letter Appointing Superintendent (with resume)

- Letter Appointing Quality Control Manager (w/qualifications)

- Transmittal Register

- Power of Attorney and Certified Copy of Resolution Network Analysis

System, when applicable

- List of Subcontractors

- Environmental Protection Plan

- Work Plan (to include equipment list)

c. A letter of record will be written documenting all items discussed at the conference, and a copy will be furnished by the COR to all in attendance.

12. Submittal of Modification Cost Estimates Proposals (Ref. DFARS 52.236-7000):

When submittals of Cost Estimate Proposals are required for additions or deletions to work under this contract by modification, the Contractor shall use DA Form 5418-R titled "Cost Estimate Analysis" (see Attachment 1 to SECTION 00 73 00). A separate assemblage will be prepared for submittal by each trade affected by the proposed work.

13. TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

This provision specifies the procedure for the determination of time extensions for unusually severe weather in accordance with the contract clause entitled DEFAULT (FIXED PRICE CONSTRUCTION). In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

i. The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

ii. The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the Contractor.

The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The Contractor's progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities.

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY WORKDAYS

BASED ON 5-DAY WORK WEEK

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

6 6 5 4 5 7 7 8 5 2 3 6

Upon acknowledgment of the Notice to Proceed and continuing through-out the contract, the Contractor will record on the daily Contractor Quality Control report the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the Contractor's scheduled workday. The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day in each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in paragraph (b) above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather workdays, and issue a modification in accordance with the contract clause entitled DEFAULT (FIXED PRICE CONSTRUCTION).

14. UAI 5152.211-9000 Evaluation of Subdivided Items.

Item Nos. 0006, 0007, 0008, 0009, 0010, 0011, 0012, 0013, 0014, and 0015 are subdivided into two or more estimated quantities and are to be separately priced. The Government will evaluate each of these items on the basis of total price of its subitems.

15. UAI 5152.211-9001 Variations in Estimated Quantities – Subdivided Items.

VARIATIONS IN ESTIMATED QUANTITIES — SUBDIVIDED ITEMS (MAR 1995)

This variation in estimated quantities clause is applicable only to item Nos. 0006, 0007, 0008, 0009, 0010, 0011, 0012, 0013, 0014, and 0015.

(a) Variation from the estimated quantity in the actual work performed under any second or subsequent sub-item or elimination of all work under such a second or subsequent sub-item will not be the basis for an adjustment in contract unit price.

(b) Where the actual quantity of work performed for item Nos. 0006, 0007, 0008, 0009, 0010, 0011, 0012, 0013, 0014, and 0015 is less than 85% of the quantity of the first sub-item listed under such item, the contractor will be paid at the contract unit price for that sub-item for the actual quantity of work performed and, in addition, an equitable adjustment shall be made in accordance with the clause Federal Acquisition Regulation (FAR) 52.211-18, Variation in Estimated Quantities.

(c) If the actual quantity of work performed under item Nos. 0006, 0007, 0008, 0009, 0010, 0011, 0012, 0013, 0014, and 0015 exceeds 115% or is less than 85% of the total estimated quantity of the sub-item under that item and/or if the quantity of the work performed under the second sub-item or any subsequent sub-item under item Nos. 0006, 0007, 0008, 0009, 0010, 0011, 0012, 0013, 0014, and 0015 exceeds 115% or is less than 85% of the estimated quantity of any such sub-item, and if such variation causes an increase or a decrease in the time required for performance of this contract the contract completion time will be adjusted in accordance with the clause FAR 52.211-18, Variation in Estimated Quantities.

16. Veterans Employment Emphasis for U.S. Army Corps of Engineers Contracts

In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS

222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

U.S. Department of Labor Veterans employment: www.vets.gov/ Federal veteran employment information: www.fedshirevets.gov/index.aspx Veterans’ Employment and Training Service (VETS): http://www.dol.gov/vets/ Veterans Opportunity to Work (VOW) Program: http://benefits.va.gov/vow/ U.S. Army Warrior Transition Command Employment Index:

wtc.army.mil/modules/employers/index.html Hiring Our Heroes initiative: www.uschamberfoundation.org/hiring-our-heroes Guide to Hiring Veterans: www.whitehouse.gov/sites/default/files/docs/white_house_business_counc il_-_guide_to_hiring_veterans_0.pdf

17. Antiterrorism and Operational Security:

Pre-screen candidates using E-Verify Program. The Contractor must pre-screen Candidates using the E- verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

18. UAI 5152.222-9000 - Contractor Supply and Use of Electronic Software for Processing

Wage Rate Requirements Statute Certified Labor Payrolls.

CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR PROCESSING

WAGE RATE REQUIREMENTS STATUTE CERTIFIED LABOR PAYROLLS (APR 2011)

(a) The contractor is encouraged to use a commercially-available electronic system to process and submit certified payrolls electronically to the Government. The requirements for preparing, processing and providing certified labor payrolls are established by the Wage Rate Requirements statute.

(b) If the contractor elects to use an electronic payroll processing system, then the contractor shall be responsible for obtaining and providing for all access, licenses, and other services required to provide for receipt, processing, certifying, electronically transmitting to the Government, and storing weekly payrolls and other data required for the contractor to comply with the Wage Rate Requirements statute. When the contractor uses an electronic payroll system, the electronic payroll service shall be used by the contractor to prepare, process, and maintain the relevant payrolls and basic records during all work under this construction contract and the electronic payroll service shall be capable of preserving these payrolls and related basic records for the required 3 years after contract completion. If the contractor chooses to use an electronic payroll system, then the contractor shall obtain and provide electronic system access to the Government, as required to comply with the Wage Rate Requirements over the duration of this construction contract. The access shall include electronic review access by the Government contract administration office to the electronic payroll processing system used by the contractor.

(c) The contractor's provision and use of an electronic payroll processing system shall meet the following basic functional criteria:

(1) commercially available;

(2) compliant with appropriate Wage Rate Requirements statute payroll provisions in the Federal Acquisition Regulation (FAR);

(3) able to accommodate the required numbers of employees and subcontractors planned to be employed under the contract

(4) capable of producing an Excel spreadsheet-compatible electronic output of weekly payroll records for export in an Excel spreadsheet to be imported into the contractor's Quality Control System (QCS) version of Resident Management System (RMS), that in turn shall export payroll data to the Government's RMS;

(5) demonstrated security of data and data entry rights;

(6) ability to produce contractor-certified electronic versions of weekly payroll data;

(7) ability to identify erroneous entries and track the date/time of all versions of the certified Wage Rate Requirements statute payrolls submitted to the government over the life of the contract;

(8) capable of generating a durable record copy, that is, a CD or DVD and PDF file record of data from the system database at end of the contract closeout. This durable record copy of data from the electronic payroll processing system shall be provided to the Government during contract closeout.

(d) All contractor-incurred costs related to the contractor's provision and use of an electronic payroll processing service shall be included in the contractor's price for the overall work under the contract. The costs for compliance with the Wage Rate Requirements statute by using electronic payroll processing services shall not be a separately bid or reimbursed item under this contract.

(End of Summary of Changes)