Amend-0002_W912HY19B0016_9_Aug_2019_(1).pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1

1. CON1RA�TID CODE

I

PAGE OF PAGES

1 I 14

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE 4. REQUISillON/PURCHASE REQ. NO.

5. PROJECTNO.(Ifapplicable) DATE Wl5VAl<90781666 0002 09-Aug-2019

6.ISSUEDBY CODE VV912HY 7. ADMINISTERED BY (Ifother than item6) CODE I

USAED, GALVESTON

See Item 6 CONTRACTING DMSION 2000 FORT POINT ROAD GALVESTON TX 77553-1229

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, Cmmty, State and Zip Code) X

9A. AMENDMENT OF SOLICITATION NO.

VV912HY1980016

X 9B. DATED (SEE ITEM 11)

11-Jul-2019 l0A. MOD. OF CONTRACT/ORDER NO.

l0B. DATED (SEE ITEM 13)

CODE IFACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

�The above nuni>ered solicitation is ammded as set li,rth in Item 14. The hour and date specified fur receipt ofO:lli,r � is extended, □ is not extended.

O:lli,r nnst acknowledge receipt of this ammdmmt prior to the hour and date specified in the solicitation or as ammded by one ofthe i>llowing mothods:

(a) By col1J)leting Item, 8 and 15, and returning 1 copies of the ammdmmt; (b) By acknowledging receipt of this ammdmmt on each copy of the o:lli,r submitted;

or(c)By separate letter or telegramwhich includes areJi:rence to the solicitation and ammdmmtnuni>ers. FAILURE OF YOUR ACKNOWLEDGMENTTO BE RECEIVED AT 1HE PLACE DESIGN A TED FOR 1HE RECEIPT OF OFFERS PRIOR TO 1HE HOUR AND DA TE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER Ifby virtue of this ammdmmt you desire to change an o:lli,r already subn:itted, such change may be 1111de by telegram or letter, provided each telegram or letter llllkes rei:rence to the solicitation and this amondmmt, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (Ifrequired)

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: (�ecify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM l0A.

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 SUPPLEMENT AL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (�ecify type of modification and authority)

E. IMPORT ANT: Contractor D 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 sul:!ject matter \\here feasible.)

Rease see that following pages for the details of this amendment:

Except as provided herein, all temJ! and conditions of the docum,nt rei:renced in Item9A or I 0A, as heretofure changed, reimins unchanged and in full furce and elli,ct.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

TEl EMAIL 15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED ST ATES OF AMERICA 16C. DATE SIGNED

BY

(Signature of person authorized to sign) (Signature of Contracting Officer)

EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

30-105-04 STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

W912HY19B0016

Page 2 of

A0002-2

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

1. THE SPECIFICATIONS FOR SOLICITATION NO. W912HY19B0016, TEXAS CITY SHIP

CHANNEL, TEXAS, TEXAS CITY PA IMPROVEMENTS IN GALVESTON COUNTY,

TEXAS, SHOAL POINT PLACEMENT AREA 2 DIKE RESTORATION, ARE HEREBY

AMENDED AS FOLLOWS:

a) Specifications.

(1) STANDARD FORM SF-1442 – The enclosed STANDARD FORM SF-1442 supersedes that issued with this Solicitation.

(2) SECTION 00 21 00, INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS –

The enclosed SECTION 00 21 00 entitled INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS supersedes that issued with this Solicitation.

b) Drawings.

(1) DRAWING NO. C-102 - The enclosed Drawing No. C-102, supersedes that issued with this Solicitation.

2. This amendment shall be attached to and become a part of the solicitation.

3 Encls:

1. STANDARD FORM SF-1442

2. SECTION 00 21 00, INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

3. DRAWING NO. C-102

W45VAK90781666

THIS SOLICITATION IS BEING ISSUED AS A SMALL BUSINESS SET-ASIDE INVITATION FOR BID (IFB) FOR THE PROJECT ENTITLED "TEXAS CITY PLACEMENT AREA REPAIR AND IMPROVEMENTS" LOCATED IN TEXAS CITY, GALVESTON COUNTY, TEXAS.

PER AFARS 5132.702 (a)(ii)(B) “FUNDS ARE NOT PRESENTLY AVAILABLE FOR THIS ACQUISITION. NO CONTRACT AWARD WILL BE MADE AVAILABLE."

ESTIMATED CONSTRUCTION RANGE (FAR 36.204) - THE ESTIMATED PRICE RANGE OF THE PROPOSED CONSTRUCTION IS BETWEEN

$500,000 AND $1,000,000

X

WILLIAM A BONDURANT 409 766 3944

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

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

NEGOTIATED

-Jul-2019

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________120 calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, negotiable. (See _________________________00 73 00.01 45

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________12 Aug 2019 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

CONTRACTING DIVISION

2000 FT. POINT RD.

GALVESTON TX 77550

967403

PAGE OF PAGES

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

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

409 766-3010FAX:TEL: 409 766-3847 TEL: FAX:

W912HY19B0016 OF

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

SWG FILE NO.: GALV 308-387 SOLICITATION NO.: W9126HY19B0016

Section 00 21 00 - Page 1

Section 00 21 00 - Instructions, Conditions and Notices to Offerors (Amendment 0001)

GENERAL CONDITIONS

1.1 ESTIMATED CONSTRUCTION PRICE RANGE (APR 1985) (FAR 36.204)

The estimated price range of the proposed construction is between $500,000 and $1,000,000.

1.2 AVAILABILITY OF PLANS AND SPECIFICATIONS ON THE FEDERAL BUSINESS

OPPORTUNITIES WEBSITE ((FBO) (FAR 5.102(a)(1)

After solicitation issuance, contractors may register to be placed on a plan holders list, view and/or download this solicitation and all amendments at the Federal Business Opportunities (FBO) website at http://www.fbo.gov/

Plans and specifications will not be available in paper format or on compact disc. It is the offeror’s responsibility to monitor the FBO website daily (using the above link) for amendments to the solicitation. You must be registered in the System For Award Management (SAM) to receive a government contract award. The website for SAM https://www.sam.gov/SAM/ .

1.3 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (18 MAR 2013) (UAI

31.105-100)

In accordance with FAR 31.105(d)(2)(i)(b), equipment ownership and operating cost shall be determined using EP 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule.

1.4 PREAWARD INFORMATION CONSTRUCTION (FAR 9.105-1)

The apparent Low bidder shall, upon request of the Contracting Officer, furnish a statement within 10 working days after Bid Opening, of whether he is now or has ever been engaged in any work similar to that covered by the specifications herein, the dollar value thereof, the year in which such work was performed, and the manner of its execution, and giving such information as will tend to show the bidder's ability to prosecute the required work.

The "such other information" referred to above shall include but is not limited to the following:

(a) The name and address of the office or firm under which such similar work was performed.

(b) A list of key personnel available for the instant project and their qualifications.

(c) A copy of bidder's last year's financial statement, including the names of banks or other financial institutions with which the bidder conducts business. Such statement will be confidential.

(d) Business Financial Condition Evaluation. The evaluation factors listed below shall be prepared by the contractor's certified public accountant.

(1) Liquidity

- Current Ratio __________________

- Quick Ratio __________________

(2) Leverage -Debit/Net Worth __________________

(3) Operating Efficiency

- Return On Assets __________________

- Asset Turnover __________________

TO ACCOMPANY AMENDMENT 0002 TO W912HY19B0016

(4) Profitability

- % Return On Equity __________________

- % Return On Sales __________________

(e) A list of present commitments, including the dollar value thereof, and name of office under which the work is being performed.

1.5 BIDDER'S QUALIFICATIONS (FAR 9.105-1)

Before a bid is considered for award, the bidder may be requested by the Government to submit a statement regarding his previous experience in performing comparable work, his business and technical organization, financial resources, and plant available to be used in performing the work.

1.6 CAUTIONS & REMINDERS TO BIDDERS (FAR 52.214-18)

All information required by the terms of the solicitation must be furnished.

MISTAKES OR OMISSIONS CAN BE COSTLY. Important items for you to check are included in but not limited to, those listed below. This checklist is furnished only to assist you in submitting a proper offer. Check as you read.

Have you acknowledged all amendments?

Have you completed SECTION 00 45 00, REPRESENTATIONS & CERTIFICATIONS portion of the solicitation package?

Is your offer properly signed?

If a bid guarantee is required, is it included with your offer?

(A late bid guarantee is treated the same as a late offer).

Is your bid guarantee in the proper amount? Bid guarantee shall be in the amount of 20 percent of the amount of the offer, or $3 million, whichever is less.

If your bid guarantee is in the form of a bid bond, is the bond properly signed by both the bidder and surety and are all required seals affixed?

Is the name in which you submitted the offer the same as your bid bond?

If required have you entered a unit price for each item? (The solicitation will specifically state when this is necessary).

Are decimals in unit prices in the proper places? Are your figures legible?

Are the extensions of your unit prices, and your total offer price correct?

Are all erasures or corrections initialed by the person signing the offer?

I have not restricted my offer by altering the provisions of the solicitation.

REMINDER TO BIDDERS

REMINDER #1 - Acknowledge all Amendments on the reverse side of SF 1442, Item 19, Solicitation, Offer, and Award.

REMINDER #2 - The Contracting Officer signing this contract is the Primary Contracting Officer. However, any Contracting Officer assigned to the Galveston District may take formal action. See Section entitled "Specific Project Requirements".

1.7 SPECIAL INSTRUCTIONS PERTAINING TO ELECTRONIC BID SUBMISSION: (FAR 14.302

and 14.304)

Section 00 21 00 - Page 2

Section 00 21 00 - Page 3

Bids and a copy of the SF24 Bid Bond must be submitted through the Federal Business Opportunities bid package submission via https://www.fbo.gov/ , not later than the response date and time indicated in the solicitation.

Original copies of the Bid Bond shall be submitted to USACE, Galveston District, ATTN: William Bondurant, 2000 Fort Point Road, Galveston, Texas 77553, on or before the response date and time.

SENDING FILES:

The Federal Business Opportunities bid package submission application can be accessed via https://www.fbo.gov/ under the Solicitation Number

W912HY19B0016.

A note will be visible within the "Notice Details" sub-tab. The “Electronic Response” sub-tab indicates that the opportunity allows for electronic responses. Note, a vendor must login to the system to be able to submit electronic responses for opportunities.

There are two types of electronic response submissions possible:

1. Line Item Builder form (CLIN) - This can serve as a template for the items that vendors are sometimes requested to quote.

2. Document upload. Multiple documents with attachments can be loaded here.

Choose “Document Upload” The Documents section allows the user to submit files as part of their electronic response to the opportunity.

a. The user can enter a description for every file to be uploaded, note this is optional.

b. To select a file for upload, the user clicks on the Browse button.

(Note for files over 10 Mb, please use the large upload (JAVA) button). This will allow the user to select a file located on their computer for upload.

3. After selecting the file, the user can click and Add New button to select additional files for upload.

4. The user can delete any file(s) previously selected for upload by clicking on the Delete button.

5. The user has three options at the bottom of the Response page:

a. Submit saves and electronically submits the response to the government point of contact for that opportunity in the system.

Note, the system will send an email to the email address on file for the user confirming the electronic submission;

b. Save as Draft saves the response created, but does not submit it to the government point of contact for the opportunity in the system;

if selected, the system returns to the Notice Details tab and there is a note at the top indicating that the user has saved a draft response for the opportunity. The user can click on the blue Click here link in the note to review/submit a response.

After clicking the link to review/submit, the system opens the Electronic Response tab and displays the draft response for review.

There is a note at the top which will advise the user whether or not the response deadline has passed. If not, the user can click on the blue Click here link to make changes to the draft response and submit if ready.

Section 00 21 00 - Page 4

c. Return does not save the response and takes the user back to the Notice Details tab for the opportunity.

1.8 BIDDER INQUIRY – PROJNET (FAR 14.211)

1. Prospective Offerors should submit questions concerning this solicitation via Bidder Inquiry in ProjNet at www.projnet.org/projnet .

A. To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into the system. To self-register, go to the aforementioned web page and click on the BID tab. Select Bidder Inquiry, select agency USACE, and enter the Bidder Inquiry Key for this solicitation listed below, your email address, and then click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue.

***Please Note: Offerors shall only submit one question per inquiry.

Inquiries containing multiple questions may be rejected.

B. From this page, you may view all bidder inquiries or add inquiry.

C. Offerors will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

D. The Solicitation Number is: W912HY19B0016 The Bidder Inquiry Key is: HQI854-95DCHQ

2. The Bidder Inquiry System will be unavailable for new inquires fifteen

(15) calendar days prior to offer submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary.

3. Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

4. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

1.9 CONSTRUCTION WAGE RATE REQUIREMENTS (FAR 52.222-6)

Paragraph entitled CONSTRUCTION WAGE RATE REQUIREMENTS of (CONTRACT CLAUSES - Section 00 72 00, FAR 52.222-6) is applicable to this solicitation.

Wage Rates will be incorporated by amendment, if they are not included in this solicitation.

INVOICE REQUIREMENTS

BASIC INSTRUCTIONS:

When you receive a contract from the U.S. Army Corps of Engineers, you should review the Contract Line Items (CLINs) to make sure you understand what you are required to deliver. Your invoices shall match the contract document’s CLINs so the Government can ensure that you are properly compensated for

Section 00 21 00 - Page 5 delivered items and/or services. The contract may allow for Progress Payments. If your contract allows for Progress Payments, you will submit your invoice to the District Contact. If your contract does not allow for Progress Payments, you shall submit all invoices to the paying office with a copy to the District Point of Contact. The paying office for the U.S. Army Corps of Engineers is as follows:

USACE Finance Center

ATTN: CEFC-AO-OP

5722 Integrity Drive Millington, TN 38054-5000

Electronic invoices should be sent to CEFC-M3invoices@usace.army.mil.

INVOICE REQUIREMENTS:

The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice MUST include:

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Period of performance,

(iv) Contract number, contract line item number and, if applicable, the order number;

(v) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(vi) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vii) Terms of any discount for prompt payment offered;

(viii) Name and address of official to whom payment is to be sent;

(ix) Name, title, and phone number of person to notify in event of defective invoice; and

(x) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(xi) Your small business status. If you are a Small Disadvantaged Business, make sure you indicate this on the face of the invoice.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-18 Commercial and Government Entity Code

Maintenance

JUL 2016

52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and

Withdrawals of Bids

NOV 1999

52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-

Construction

AUG 1996

52.216-1 Type Of Contract APR 1984 52.217-4 Evaluation Of Options Exercised At The

Time Of Contract Award

JUN 1988

52.232-13 Notice Of Progress Payments APR 1984 52.232-14 Notice Of Availability Of Progress

Payments Exclusively For Small Business Concerns

APR 1984

52.232-38 Submission of Electronic Funds Transfer Information with Offer

JUL 2013

CLAUSES INCORPORATED BY FULL TEXT

52.214-15 PERIOD FOR ACCEPTANCE OF BIDS (APR 1984)

In compliance with the solicitation, the bidder agrees, if this bid is accepted within 60 calendar days from the date specified in the solicitation for receipt of bids, to furnish any or all items upon which prices are bid at the price set opposite each item, delivered at the designated point, within the time specified in the Schedule.

(End of clause)

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

GALVESTON 28.9% 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor

Section 00 21 00 - Page 6

Section 00 21 00 - Page 7 shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is SMSA Texas, Galveston County, Galveston, TX.

(End of provision)

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY

2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American --Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign

Section 00 21 00 - Page 8 construction material, as specified in paragraph (b)(3)(i) of the clause at

FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

Traci Robicheaux US Army Corps of Engineers, Galveston District PO Box 1229 Galveston, TX 77553-1229

Submit all protests by email to: SWG-CT-protests@usace.army.mil

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

(End of provision)

52.236-27 SITE VISIT (CONSTRUCTION) (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) Site visits may be arranged during normal duty hours by accessing the ProjNet website via the instructions found in Section 1.8 of this solicitation entitled “1.8 BIDDER INQUIRY – PROJNET (FAR 14.211)” and requesting a site visit and providing all pertinent contact information.

(End of provision)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available.

The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer.

In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil

(End of provision)

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