W912HY20B0036 Amendment 6.pdf

W45VAK01081971

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

Unrestricted Procurement for Brazos Island Harbor, Texas, Jetty and Entrance Channel in Cameron County, Texas, Hopper Dredging, in w hich Bid Opening w as Postponed is herby amended as follow s:

Bid Opening is herby rescheduled for 18 Feb 2021 at 2:00 p.m. CST.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 3

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

16C. DATE SIGNED

BY

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 W912HY20B0036

X 9B. DATED (SEE ITEM 11)

20-Aug-2020

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 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

CODE

CONTRACTING DIVISION

US ARMY CORPS OF ENGINEERS

2000 FT. POINT RD.

GALVESTON TX 77550

W912HY 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

05 FEB 2021

W912HY20B0036

A0006-2

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

1. THE SPECIFICATIONS FOR SOLICITATION NO. W912HY20B0036, BRAZOS ISLAND

HARBOR, TEXAS, JETTY AND ENTRANCE CHANNEL IN CAMERON COUNTY, TEXAS,

PROJECT MANUAL FOR HOPPER DREDGING ARE HEREBY AMENDED AS

FOLLOWS:

a) Specifications.

(1) SECTION 00 11 00.00 45, BID SCHEDULE – The enclosed SECTION 00 11 00.00 45 entitled BID SCHEDULE supersedes that issued with this Solicitation.

(2) SECTION 00 21 00, INSTRUCTIONS GENERAL CONDITIONS – The enclosed SECTION 00 21 00 entitled INSTRUCTIONS GENERAL CONDITIONS supersedes that issued with this Solicitation.

(3) SECTION 00 45 00, REPRESENTATIONS AND CERTIFICATIONS – The enclosed SECTION 00 45 00 entitled REPRESENTATIONS AND CERTIFICATIONS supersedes that issued with this Solicitation.

(4) SECTION 00 72 00, GENERAL CONDITIONS – The enclosed SECTION 00 72 00 entitled

GENERAL CONDITIONS supersedes that issued with this Solicitation.

(5) SECTION 01 22 00.10, MEASUREMENT AND PAYMENT – The enclosed SECTION 01 22

00.10 entitled MEASUREMENT AND PAYMENT supersedes that issued with this Solicitation.

(6) SECTION 35 20 23.12 45, HOPPER DREDGING – The enclosed SECTION 35 20 23.12 45 entitled HOPPER DREDGING supersedes that issued with this Solicitation.

(7) SECTION 35 20 23.14 45, PROTECTION OF SEA TURTLES – The enclosed SECTION 35

20 23.14 45 entitled PROTECTION OF SEA TURTLES supersedes that issued with this Solicitation.

b) Drawings.

(1) DRAWINGS C-301 THROUGH C-303 – The enclosed Drawings no. C-301 through C-303 supersedes that issued with this Solicitation.

c) Appendices. (The appendices are attached to the sections as follows, for convenience and ease of reference.)

(1) 35 20 23.12 45 –

(a) APPENDIX 1 – QUANTITY SUMMARY TABLE

(b) PERMIT – CORPUS CHRISTI REGULATORY FIELD OFFICE

(2) 35 20 23.14 45 –

(a) S. PADRE CHECKLIST

(b) TURTLE APPENDICES 35 20 23.14 45A THROUGH G

(c) ODESS – Operations and Dredging Endangered Species System Guidance

W912HY20B0036

A0006-3

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

10 Encls:

1. SECTION 00 11 00.00 45, BID SCHEDULE

2. SECTION 00 21 00, INSTRUCTIONS GENERAL CONDITIONS

3. SECTION 00 45 00, REPRESENTATIONS AND CERTIFICATIONS

4. SECTION 00 72 00, GENERAL CONDITIONS

5. SECTION 01 22 00.10, MEASUREMENT AND PAYMENT

6. SECTION 35 20 23.12 45, HOPPER DREDGING

7. SECTION 35 20 23.14 45, PROTECTION OF SEA TURTLES

8. DRAWING C-301

9. DRAWING C-302

10. DRAWING C-303

SWG FILE No.: RIO 901-267 SOLICITATION No.: W912HY20B0036

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 11 00.00 45

BID SCHEDULE AMENDMENT 0006

PART 1 GENERAL

1.1 BID SCHEDULE

1.1.1 Schedule No. 1 AM#2, AM#5, AM#6

1.1.2 Option No. 1

1.1.3 Option No. 2

1.1.4 Option No. 3

1.1.5 Option No. 4

1.1.6 Option No. 5 AM#2, AM#5, AM#6

1.2 EVALUATION OF OPTIONS (July 1990) (FAR 52.217-5)

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SECTION 00 11 00.00 45

BID SCHEDULE

AMENDMENT 0006

PART 1 GENERAL

1.1 BID SCHEDULE

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.1 Schedule No. 1 AM#2, AM#5, AM#6

Item No. Description Estimated Quantity

Unit Unit Price Estimated Amount

SCHEDULE NO. 1

0001 Mobilization and Demobilization 1 JOB SUM $___________

0002 Turtle Deflector Device and Endangered Species Observers

1 JOB SUM $___________

0003 Dredging Entrance and Jetty Channel Sections 1 and 2 (STA. -13+000 to

STA. 0+000)

359,000 C.Y. $_________ $___________

0004 Mobilization and Demobilization - Sea Turtle Trawling and Relocation

1 JOB SUM $___________

0005 Sea Turtle Trawling and Relocation

15 DAY $_________ $___________

TOTAL SCHEDULE NO. 1 $___________

NOTE: Completion time stated in SECTION 00 73 00.01 45 SPECIAL CONTRACT REQUIREMENTS, STANDARD is for Schedule No. 1 work.

DOCUMENT 00 11 00.00 45 Page 3

BID SCHEDULE (CONT'D)

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.2 Option No. 1

Item No.

Description Estimated Quantity

Unit Unit Price Estimated Amount

OPTION NO. 1

0006 Sea Turtle Trawling and Relocation

15 DAY

TOTAL OPTION NO. 1 $___________

TOTAL SCHEDULE NO. 1 AND OPTION NO. 1 $___________

NOTE FOR OPTI ON NO. 1: The Gover nment may exer ci se t hi s Opt i on by wr i t t en not i ce t o t he Cont r act or pr i or t o compl et i on of al l aut hor i zed wor k.

Awar d of t hi s Opt i on i s cont i ngent upon avai l abi l i t y of f unds. No addi t i onal t i me wi l l be added t o t hi s Cont r act f or compl et i on of t hi s Option.

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1.1.3 Option No. 2

Item No. Description Estimated Quantity

Unit Unit Price Estimated Amount

OPTION NO. 2

0007 Sea Turtle Trawling and Relocation 15 DAY

TOTAL OPTION NO. 2 $___________

TOTAL SCHEDULE NO. 1 AND OPTIONS NOS. 1 AND 2 $___________

NOTE FOR OPTI ON NO. 2: The Gover nment may exer ci se t hi s Opt i on by wr i t t en not i ce t o t he Cont r act or pr i or t o compl et i on of Opt i on No. 1. Awar d of t hi s Opt i on i s cont i ngent upon avai l abi l i t y of f unds. No addi t i onal t i me wi l l be added t o t hi s Cont r act f or compl et i on of t hi s Opt i on.

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1.1.4 Option No. 3

Item No.

Description Estimated Quantity

Unit Unit Price Estimated Amount

OPTION NO. 3

Sea Turtle Trawling and Relocation

15 DAY

TOTAL OPTION NO. 3 $___________

TOTAL SCHEDULE NO. 1 AND OPTIONS NOS. 1, 2, AND 3 $___________

NOTE FOR OPTI ON NO. 3: The Gover nment may exer ci se t hi s Opt i on by wr i t t en not i ce t o t he Cont r act or pr i or t o compl et i on of Opt i on No. 2. Awar d of t hi s Opt i on i s cont i ngent upon avai l abi l i t y of f unds. No addi t i onal t i me wi l l be added t o t hi s Cont r act f or compl et i on of t hi s Opt i on.

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(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.5 Option No. 4

Item No.

Description Estimated Quantity

Unit Unit Price Estimated Amount

OPTION NO. 4

Sea Turtle Trawling and Relocation

15 DAY $_________ $___________

TOTAL OPTION NO. 4 $___________

TOTAL SCHEDULE NO. 1 AND OPTIONS NOS. 1, 2, 3, AND 4 $___________

NOTE FOR OPTI ON NO. 4: The Gover nment may exer ci se t hi s Opt i on by wr i t t en not i ce t o t he Cont r act or pr i or t o compl et i on of Opt i on No. 3. Awar d of t hi s Opt i on i s cont i ngent upon avai l abi l i t y of f unds. No addi t i onal t i me wi l l be added t o t hi s Cont r act f or compl et i on of t hi s Opt i on.

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(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.6 Option No. 5 AM#2, AM#5, AM#6

Item No.

Description Estimated Quantity

Unit Unit Price Estimated Amount

OPTION NO. 5

Placement of Dredged Material at DMPA No. 1

89,750 C.Y. $_________ $___________

0011 Placement of Dredged Material at DMPA No. 5

269,250 C.Y. $_________ $___________

0012 Endanger ed Speci es Moni t or i ng - Beach Pl acement Sout h Padr e I s l and

JOB SUM $___________ $___________

TOTAL OPTION NO. 5 $___________

TOTAL SCHEDULE NO. 1 AND OPTIONS NOS. 1, 2, 3, 4, AND 5 $___________

NOTE FOR OPTI ON NO. 5: Bi d I t em No. 0010 and No. 0011 shal l r ef l ect onl y t he di f f er ence i n cost wi t h r espect t o Bi d I t em No. 0003 t o pl ace mat er i al r emoved f r om Sect i on Nos. 1 and 2 at DMPA No. 1 and DMPA No. 5 di schar ge cor r i dor s by hopper pump out i n l i eu of pl acement at Near shor e Ber m BU Si t e 2A & 2B. Awar d of t hi s Opt i on i s cont i ngent upon avai l abi l i t y of f unds. The Gover nment may exer ci se Opt i on No. 5 pr i or t o i ssui ng Not i ce To Pr oceed. An addi t i onal t i me of 14 cal endar days wi l l be added t o t hi s cont r act i f t hi s Opt i on i s exer ci sed.

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1.2 EVALUATION OF OPTIONS (July 1990) (FAR 52.217-5)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

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SWG FILE NO.: RIO 901-267 SOLICITATION NO.: W912HY20B0036

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Section 00 21 00 - Instructions

GENERAL CONDITIONS

1.1 ESTIMATED CONSTRUCTION PRICE RANGE (FAR 36.204)

The estimated price range of the proposed construction is between $5,000,000 and $10,000,000.

1.2 AVAILABILITY OF PLANS AND SPECIFICATIONS ON BETA.SAM.GOV WEBSITE

(FAR 5.102(a)(l))

After solicitation issuance, contractors may register to be placed on the Interested Vendors List, view and/or download this solicitation and all amendments at https://beta.sam.gov/.

Plans and specifications will not be available in paper format or on compact disc. It is the offeror's responsibility to monitor the Beta Sam 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 TECHNICAL INFORMATION DREDGING (FAR 14.211)

(a) For technical information regarding the plans and specifications submit questions in PROJNET, see paragraph 1.9 of this section for details.

(b) The Contractor [ X ] shall [ ] shall not be permitted to use self- propelled hopper dredges to perform the work specified herein.

1.4 PREAWARD INFORMATION DREDGING (FAR 9.105-1)

The apparent low bidder shall submit within (2) working days after Bid Opening, the following information:

(a) A statement as to whether he is now or ever has been engaged in performing dredging of [X] deep or [ ] shallow draft channels.

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

(c) A copy of the bidder's latest financial statement , including the names of banks or other financial institutions with which the bidder conducts business. If the financial statement is more than 60 days old, a certificate should be attached stating that the financial condition is substantially the same, or if not the same, the changes that have taken place. Such statement will be treated as confidential.

(d) A list of present commitments, including the dollar value thereof, name of office under which the work is being performed, the scheduled completion date of each, days ahead or behind schedule and the name of the dredge(s) to be used on the job.

http://www.sam.gov/SAM/ http://www.sam.gov/SAM/

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(e) Name and location of the firm's dredging plant to perform the work under this contract, the date this plant will commence work, and the plants capability to perform the work as required by the specifications.

(f) A preliminary schedule showing anticipated dates for start of work, based upon availability of contractor resources, and the plan for completing work within the contract performance period. For dredging contracts , this includes production rates for proposed dredging equipment together with an analysis showing how work will be accomplished within the contract performance period.

(g) If bidder is a Large Business, a Sub-Contracting Plan, if required, must be submitted within (2) working days after Bid Opening.

1.5 DISPOSAL OF EXCAVATED MATERIAL

The following owners in the vicinity of the work to be accomplished under this Invitation for Bids are known to desire fill material:

NAME ADDRESS

If any of the areas owned by the above-listed owners are proposed to be utilized by the Contractor in the performance of the work, the provision for use of alternate areas DREDGING: PLACEMENT OF EXCAVATED MATERIAL of the specifications will be applicable.

1.6 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.

1.7 NOTICE 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

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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 ".

1.8 SPECIAL INSTRUCTIONS PERTAINING TO ELECTRONIC BID SUBMISSION :

(FAR 14.302 and 14.304) AM#6

Bids and a copy of the SF24 Bid Bond must be submitted via email to SWG-CT Execution-Proposals@usace.army.mil, not later than the response date and time indicated in the solicitation. Identify the Solicitation Number W912HY20B0036 in subject line of the email.

BID OPENING WILL BE BY TELECONFERENCE WEBEX MEETING AS FOLLOWS:

Join by link: (If you join by the link, you can have the system call your number.)

https://usace1.webex.com/meet/jeffrey.c.neill

OR

Join by mobile device - 1-669-234-1177 US Toll Free 1-844-800-2712 Access Code: 199 231 5228

1.9 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.

mailto:Execution-Proposals@usace.army.mil https://usace1.webex.com/meet/jeffrey.c.neill http://www.projnet.org/projnet

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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: W912HY20B0036 The Bidder Inquiry Key is: AW3842-WFW7M2

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.

1.10 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.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT

52.204-22 Alternative Line Item Proposal JAN

52.214-3 Amendments To Invitations For Bids DEC

52.214-4 False Statements In Bids APR

52.214-5 Submission Of Bids DEC

52.214-6 Explanation To Prospective Bidders APR

52.214-7 Late Submissions , Modifications, and NOV

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Withdrawals of Bids 1999 52.214-18 Preparation of Bids-Construction APR

52.214-19 Contract Award-Sealed Bidding-Construction AUG

52.214-34 Submission Of Offers In The English

Language

APR

52.214-35 Submission Of Offers In U.S. Currency APR

52.215-20 Requirements for Certified Cost or Pricing Data or

OCT

Information Other Than Certified Cost or Pricing Data

52.217-5 Evaluation Of Options JUL

52.232-13 Notice Of Progress Payments APR

52.232-14 Notice Of Availability Of Progress Payments Exclusively For

APR

Small Business Concerns 52.232-38 Submission of Electronic Funds Transfer

Information with

JUL

Offer

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 (60 calendar days unless a different period is inserted by the bidder) 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(s), within the time specified in the Schedule.

(End of clause)

52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of provision)

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

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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

71%

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 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 Texas , Cameron, County.

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52.225-11 BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE

AGREEMENTS (OCT 2019) ALTERNATE I (MAY 2014)

(a) Definitions. As used in this clause –

Australian, Chilean, or Moroccan construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of Australia, Chile , or Morocco; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in Australia, Chile, or Morocco into a new and different construction material distinct from the materials from which it was transformed.

Bahrainian, Mexican, or Omani construction material means a construction material that –

(1) Is wholly the growth, product, or manufacture of Bahrain, Mexico; or Oman

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in Bahrain, Mexico, or Oman into a new and different construction material distinct from the materials from which it was transformed.

Caribbean Basin country construction material means a construction material that —

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

Component means an article, material , or supply incorporated directly into a construction material.

Construction material means an article , material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the

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Government are supplies, not construction material.

Cost of components means –

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issue d); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition , plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan , Ukraine, or United Kingdom);

(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile , Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi , Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Guinea, Eritrea, Ethiopia, Gambia , Guinea, Guinea-Bissau , Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique , Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe , Senegal , Sierra Leone, Solomon Islands, Somalia , South Sudan, Tanzania, Timor-Leste, Togo , Tuvalu , Uganda, Vanuatu , Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominic a, Grenada , Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines , Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

Domestic construction material means –

(1) An unmanufactured construction material mined or produced in the United States; or

(2) A construction material manufactured in the United States, if the cost of its components mined , produced , or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability

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determinations have been made are treated as domestic.

Foreign construction material means a construction material other than a domestic construction material. Least developed country construction material means a construction material that —

(1) Is wholly the growth, product, or manufacture of a least developed country ; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

"Free Trade Agreement country construction material" means a construction material that -

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.

"Least developed country construction material" means a construction material that-

(1) Is wholly the growth, product, or manufacture of a least developed country ; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

United States means the 50 States, the District of Columbia, and outlying areas. WTO GPA country construction material means a construction material that –

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and all the Free Trade Agreements except the Bahrain FTA, NAFTA, and the Oman FTA apply to the this acquisition. Therefore, the Buy

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American statute restrictions are waived for designated country construction materials other than Bahrainian, Mexican, or Omani construction materials.

(2) The Contractor shall use only domestic or designated country construction material other than Bahrainian, Mexican, or Omani construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause does not apply to the construction materials or components listed by the Government as follows: (Contracting Officer to list applicable excepted materials or indicate "none")

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that --

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the restrictions of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including -

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in

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paragraph(d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material.

However , when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure

Quantity Price (dollars) \1\

Item 1 Foreign construction material

Domestic construction

Item 2 Foreign construction

Domestic construction

\1\ Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

List name, address, telephone number, and contact for suppliers surveyed.

Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

52.225-12 NOTICE OF BUY AMERICAN ACT REQUIREMENT-- CONSTRUCTION

MATERIALS UNDER TRADE AGREEMENTS (MAY 2014) ALTERNATE II (JUN 2009)

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(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "designated country 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 Act -- Construction Materials Under Trade Agreements " (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act 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 FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act 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 Act, based on claimed unreasonable cost of domestic construction materials , by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(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, except foreign construction material from a designated country other than Bahrain, Mexico, or Oman that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material other than Bahrainian, Mexican, or Omani 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 FAR clause 52.225-11 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 FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material other than Bahraini an, Mexican, or Omani 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

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(ii) May be accepted if revised during negotiations.

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 Contracting Officer, US Army Corps of Engineers, Galveston District, PO Box 1229, Galveston, Texas 77553-1229, submitting the protest at 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.

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 contacting:

Name: MR. ADRIAN RAMOS Address: 252 INDUSTRIAL DRIVE SUITE A

PORT ISABEL, TEXAS 78578

Telephone: (956) 943-1460 Ext. 1007 Email: Adrian.A.Ramos@usace.army.mil

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 mailto:SWG-CT-protests@usace.army.mil mailto:Adrian.A.Ramos@usace.army.mil

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identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

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

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Section 00 45 00 - Representations and Certifications

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting

JUL 2016

52.204-19 Incorporation by Reference of Representations and

DEC 2014

Certifications.

Covered Telecommunications Equipment or52.204-26 Services -- Representation 2019

CLAUSES INCORPORATED BY FULL TEXT

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that --

(1) The prices in this offer have been arrived at independently, without , for the purpose of restricting competition , any consultation , communication , or agreement with any other offeror or competitor relating to -

(i) Those prices,

(ii) The intention to submit an offer, or

(iii) The methods of factors used to calculate the prices offered:

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --

(1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(l) through (a)(3) of this provision; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(l) through (a)(3) of this provision (insert full name of person(s) in the offeror's organization responsible for determining the

DEC

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prices offered in this bid or proposal, and the title of his or her position in the offeror's organization);

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(l) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(l) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of Provision)

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

(a)(l) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is $36,500,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(l) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless –

(A) The acquisition is to be made under the simplified acquisition

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procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that

(A) Are not set aside for small business concerns ;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services-- Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

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(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids.