AMEND-0004 - W912HY21B0003.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

The purpose of this amendment is show n on the pages follow ing. See pages that follow :

BID OPENING WILL REMAIN 2 DEC 2020 AT 2 P.M. LOCAL TIME.

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 W912HY21B0003

X 9B. DATED (SEE ITEM 11)

22-Sep-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 is extended, X is not extended.

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

(a) By completing Items 8 and 15, and returning 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. 0004

5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

13-Nov-2020

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:

W912HY21B0003

A0004-2

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

1. The specifications for Solicitation No. W912HY21B0003, CORPUS CHRISTI SHIP CHANNEL, TEXAS PLACEMENT AREA NO. 13 PROJECT MANUAL FOR NUECES: PLACEMENT

AREA NO. 13 DIKE RAISE in Nueces County, Texas, are hereby amended as follows:

*(THE BID OPENING DATE IS EXTENDED TO 2 DEC 2020 AT 2:00 P.M. LOCAL TIME.)

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 73 00.01 45, SPECIAL CONTRACT REQUIREMENTS, STANDARD – The enclosed SECTION 00 73 00.01 45 entitled SPECIAL CONTRACT REQUIREMENTS, STANDARD supersedes that issued with this Solicitation.

(3) SECTION 01 10 00.00 45, NON-REGULATED SPECIAL CONTRACT REQUIREMENTS

– The enclosed SECTION 01 10 00.00 45 entitled NON-REGULATED SPECIAL CONTRACT REQUIREMENTS supersedes that issued with this Solicitation.

(4) 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.

(5) SECTION 01 32 01.01 45, PROJECT SCHEDULE – The enclosed SECTION 01 32 01.01 45 entitled PROJECT SCHEDULE supersedes that issued with this Solicitation.

(6) SECTION 01 45 01.00, QUALITY CONTROL – The enclosed SECTION 01 45 01.00 entitled QUALITY CONTROL supersedes that issued with this Solicitation.

(7) SECTION 01 50 00.00 45, TEMPORARY CONSTRUCTION FACILITIES AND

CONTROLS – The enclosed SECTION 01 50 00.00 45 entitled TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS supersedes that issued with this Solicitation.

(8) SECTION 01 57 20.00 45, ENVIRONMENTAL PROTECTION – The enclosed SECTION 01 57 20.00 45 entitled ENVIRONMENTAL PROTECTION supersedes that issued with this Solicitation.

(9) SECTION 01 78 00.00 45, CLOSEOUT SUBMITTALS – The enclosed SECTION 01 78

00.00 45 entitled CLOSEOUT SUBMITTALS supersede that issued with this Solicitation.

(10) SECTION 35 31 19.32 45, RIPRAP AND BLANKET STONE – The enclosed SECTION 35 31 19.32 45 entitled RIPRAP AND BLANKET STONE supersede that issued with this Solicitation.

(11) SECTION 35 41 00.01 45, EMBANKMENT CONSTRUCTION – The enclosed SECTION 35 41 00.01 45 entitled EMBANKMENT CONSTRUCTION supersede that issued with this Solicitation.

b) Drawings.

(1) DRAWINGS NO. G-002, C-301, and S-101 through S-106 - The enclosed Drawings No. G- 002, C-301, and S-101 through S-106, supersedes that issued with this Solicitation.

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

W912HY21B0003

A0004-3

18 Encls:

1. SECTION 00 11 00.00 45, BID SCHEDULE

2. SECTION 00 73 00.01 45, SPECIAL CONTRACT REQUIREMENTS, STANDARD

3. SECTION 01 10 00.00 45, NON-REGULATED SPECIAL CONTRACT REQUIREMENTS

4. SECTION 01 22 00.10, MEASUREMENT AND PAYMENT

5. SECTION 01 32 01.01 45, PROJECT SCHEDULE

6. SECTION 01 45 01.00, QUALITY CONTROL

7. SECTION 01 50 00.00 45, TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

8. SECTION 01 57 20.00 45, ENVIRONMENTAL PROTECTION

9. SECTION 01 78 00.00 45, CLOSEOUT SUBMITTALS

10. SECTION 35 31 19.32 45, RIPRAP AND BLANKET STONE

11. SECTION 35 41 00.01 45, EMBANKMENT CONSTRUCTION

12. DRAWING NO. G-002

13. DRAWING NO. C-301

14. DRAWING NO. S-101

15. DRAWING NO. S-102

16. DRAWING NO. S-103

17. DRAWING NO. S-104

18. DRAWING NO. S-106

SWG FILE NO.: NUECES 803-359 SOLICITATION NO.: W912HY21B0003

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 11 00.00 45

BID SCHEDULE AMENDMENT NO. 0004

PART 1 GENERAL

1.1 BID SCHEDULE

1.1.1 Schedule No. 1

-- End of Section Table of Contents --

DOCUMENT 00 11 00.00 45 Page 1

TO ACCOMPANY AMENDMNET NO. 0004 TO W912HY21B0003

THIS PAGE INTENTIONALLY LEFT BLANK

DOCUMENT 00 11 00.00 45 Page 2

SECTION 00 11 00.00 45

BID SCHEDULE

AMENDMENT NO. 0004

PART 1 GENERAL

1.1 BID SCHEDULE

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.1 Schedule No. 1

Item No. Description Estimated Quantity

Unit Unit Price Estimated Amount

SCHEDULE NO. 1

0001 Mobilization and Demobilization 1 JOB SUM $___________

0002 Demolish and Remove the Existing Drop-outlet Structure

1 JOB SUM $___________

0003 New Drop-outlet Structure 1 JOB SUM $___________

0004 Existing Containment Dike Repair 1 JOB SUM $___________

000 54 Semi-compacted Containment Dike Construction

195,000 C.Y. $_________ $___________

000 65 Uncompacted Training Dike Construction 2,700 L.F. $_________ $___________

000 76 Turfing

1 JOB SUM $___________

DOCUMENT 00 11 00.00 45 Page 3

Item No. Description Estimated Quantity

Unit Unit Price Estimated Amount

SCHEDULE NO. 1

000 87 Perimeter Ditch

7,600

LF $_________ $___________

000 98 Lateral Ditch 500 LF $_________ $___________

000 109 As-Built Drawings 1 JOB SUM $5,000

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 4

BID SCHEDULE (CONT'D)

(TO BE ATTACHED TO STANDARD FORM 1442)

DOCUMENT 00 11 00.00 45 Page 5

DOCUMENT 00 11 00.00 45 Page 6

SOLICITATION NO.: W912HY21B0003

Section 00 21 00 - Page 1

SWG FILE NO.: 803-359

Section 00 21 00 – Instructions

AMENDMENT NO. 0004

INSTRUCTIONS

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

The estimated price range of the proposed construction is between $1,000,000 and $5,000,000.

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

5.102(a)(1))

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 PREAWARD INFORMATION CONSTRUCTION (FAR 9.105-1)

The apparent Low bidder shall, upon request of the Contracting Officer, furnish a statement within 2 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 https://beta.sam.gov/ https://www.sam.gov/SAM/

SWG FILE NO.: 803-359 SOLICITATION NO.: W912HY21B0003

Section 00 21 00 - Page 2

- Return on Assets __________________

- Asset Turnover __________________

(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.

(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.

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

1.4 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.

1.5 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.

Section 00 21 00 - Page 3

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".

1.6 SPECIAL INSTRUCTIONS PERTAINING TO ELECTRONIC BID SUBMISSION: (FAR

14.302 and 14.304)

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 W912HY21B0003 Corpus Christi Ship Channel, Placement Area 13 Dike Raise in Nueces County, Texas in subject line of the emai1.

1.7 BIDDER INQUIRY – PROJNET (FAR 14.211) AM#4

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: W912HY21B0003 The Bidder Inquiry Key is: 9UHIDH-8QNBCK

2. The Bidder Inquiry System will be unavailable for new inquires ten (10)five (5) 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.

mailto:SWG-CT-Execution-Proposals@usace.army.mil mailto:SWG-CT-Execution-Proposals@usace.army.mil http://www.projnet.org/projnet

Section 00 21 00 - Page 4

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.

1.8 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 2018 52.204-22 Alternative Line Item Proposal JAN 2017 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

52.214-34 Submission Of Offers In The English Language

APR 1991

52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.215-20 Requirements for Certified Cost or

Pricing Data or Information Other Than Certified Cost or Pricing Data

OCT 2010

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

252.215-7007 Notice of Intent to Resolicit JUN 2012

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)

Section 00 21 00 - Page 5

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 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

Nueces County, TX – 41.7%

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

Section 00 21 00 - Page 6 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, Nueces, Corpus Christi.

(End of provision)

52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. As used in this clause --

Commercially available off-the-shelf (COTS) item —

(1) Means any item of supply (including construction material) that is --

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4) such as agricultural products and petroleum products.

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 a 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 Government are supplies, not construction material.

Cost of components means --

Section 00 21 00 - Page 7

(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 issued); 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.

Domestic construction material means --

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

(2) A construction material manufactured in the United States, if --

(i) 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 non-availability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

Foreign construction material means a construction material other than a domestic construction material.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(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)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) 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 requirements of the Buy American Act 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 Act to a particular construction material would be impracticable or inconsistent with the public interest; or

Section 00 21 00 - Page 8

(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 Act.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) 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 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)(3)(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:

Section 00 21 00 - Page 9

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

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.

(End of clause)

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 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

Section 00 21 00 - Page 10 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 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 mailto:SWG-CT-protests@usace.army.mil mailto:SWG-CT-protests@usace.army.mil

Section 00 21 00 - Page 11 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: Akram Abo-Obeid Address: akram.aboobeid@usace.army.mil Telephone: 361-884-3385 x 2216

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):

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

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

DOCUMENT 00 73 00.01 45

SPECIAL CONTRACT REQUIREMENTS, STANDARD AMENDMENT NO. 0004

PART 1 GENERAL AM#4

1.1 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) (FAR

52.211-10)

1.2 LIQUIDATED DAMAGES - CONSTRUCTION (SEPT 2000) (FAR 52.211-12)

1.3 PHYSICAL DATA (APR 1984) (FAR 52.236-4)

1.4 QUANTITY SURVEYS (APR 1984) (FAR 52.236-16)

1.5 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE(MAR 1995)

1.6 (SCR-S-102) CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR

PROCESSING DAVIS-BACON ACT CERTIFIED LABOR PAYROLLS (April 2011)

1.7 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984) (52.236-1)

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section Table of Contents --

DOCUMENT 00 73 00.01 45 Page 1

DOCUMENT 00 73 00.01 45 Page 2

DOCUMENT 00 73 00.01 45

SPECIAL CONTRACT REQUIREMENTS, STANDARD

AMENDMENT NO. 0004

PART 1 GENERAL AM#4

1.1 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) (FAR

52.211-10)

The Contractor shall be required to:

(a) Commence work under this contract within 10 calendar days after the date the Contractor receives the Notice to Proceed;

(b) Prosecute the work diligently, and

(c) Complete the entire work ready for use not later than 370 calendar days after the date the Contractor receives the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

1.2 LIQUIDATED DAMAGES - CONSTRUCTION (SEPT 2000) (FAR 52.211-12)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $2,968.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

1.3 PHYSICAL DATA (APR 1984) (FAR 52.236-4)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by investigational methods, such as surveys, and borings.

(b) Weather Conditions. Under ordinary conditions, the mean tidal range is about 1.5 feet. The height of tide is largely dependent on the force, direction, and duration of the wind. Strong northerly winds may depress the water surface as much as, and in some instances more than 2.0 feet below Mean Lower Low Water (MLLW), while southerly winds may raise the water surface as much as, and in some instances more than 3.0 feet above MLLW.

(c) Transportation Facilities. The immediate vicinity is served by railroad, highway, and deep and shallow draft channels. The work site is accessible by water via the La Quinta Channel or adjacent Corpus

DOCUMENT 00 73 00.01 45 Page 3

Christi Ship Channel Waterway. Public wharves, rail and highway connections are available at Corpus Christi, Texas.

(d) Other Information. Channel traffic consists of deep draft ships, offshore platforms, small boats of various sizes, fishing vessels, ferries, tugs, tows consisting of a tug and one or more barges.

1.4 QUANTITY SURVEYS (APR 1984) (FAR 52.236-16)

(a) Quantity surveys shall be conducted, and the data derived from these surveys shall be used in computing the quantities of work performed and the actual construction completed and in place.

(b) The Government shall conduct the original and final surveys and make the computations based on them. The Contractor shall conduct the surveys for any periods for which progress payments are requested and make the computations based on these surveys. All surveys conducted by the Contractor shall be conducted under the direction of the Contracting Officer, unless the Contracting Officer waives this requirement in a specific instance.

(c) Promptly upon completing a survey, the Contractor shall furnish the originals of all field notes and all other records relating to the survey or to the layout of the work to the Contracting Officer, who shall use them as necessary to determine the amount of progress payments. The Contractor shall retain copies of all such material furnished to the Contracting Officer.

1.5 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE(MAR 1995)

(a) This special contract requirement does not apply to terminations.

See 52.249-5000, Basis for Settlement of Proposals, and FAR Part 49.

(b) Allowable cost 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 con-tractor'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 EP 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule, Region VI. 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.

(c) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36, Rental Costs. 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.

DOCUMENT 00 73 00.01 45 Page 4

(d) When actual equipment costs are proposed and the total amount of the pricing action exceeds the 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.

NOTE: A copy of EP 1110-1-8, "CONSTRUCTION EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE," is available at the following website:

http://www.publications.usace.army.mil/USACEPublications/EngineerPamphlets.aspx.

1.6 (SCR-S-102) CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR

PROCESSING DAVIS-BACON ACT CERTIFIED LABOR PAYROLLS (April 2011)

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 Davis-Bacon Act as stated in FAR 52.222-8, PAYROLLS AND BASIC RECORDS and FAR 52.222-13, COMPLIANCE

WITH DAVIS-BACON AND RELATED ACT REGULATIONS.

If the contractor elects to use an electronic Davis-Bacon 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 Davis-Bacon and related Act regulations.

When the contractor uses an electronic Davis-Bacon 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 Davis-Bacon payroll system, then the Contractor shall obtain and provide electronic system access to the Government, as required to comply with the Davis-Bacon and related Act regulations 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.

The contractor's provision and use of an electronic payroll processing system shall meet the following basic functional criteria: commercially available; compliant with appropriate Davis Bacon Act payroll provisions in the FAR; able to accommodate the required numbers of employees and subcontractors planned to be employed under the contract; capable of producing an Excel spreadsheet-compatible electronic output of weekly payroll records (format at http://rms.usace.army.mil/ ) 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 Resident Management System (RMS); demonstrated security of data and data entry rights; ability to produce contractor-certified electronic versions of weekly payroll data;

ability to identify erroneous entries and track the data/time of all versions of the certified Davis Bacon payrolls submitted to the government over the life of the contract; 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 Davis-Bacon payroll processing system shall be

DOCUMENT 00 73 00.01 45 Page 5 provided to the Government during contract closeout.

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 Davis-Bacon Act compliance using electronic payroll processing services shall not be a separately bid/proposed or reimbursed item under this contract.

1.7 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984) (52.236-1)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 65 percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Document --

DOCUMENT 00 73 00.01 45 Page 6

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 10 00.00 45

NON-REGULATED SPECIAL CONTRACT REQUIREMENTS AMENDMENT NO. 0004

PART 1 GENERAL

1.1 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (31 OCT 1989)(ER

415-1-15)

1.1.1 General

1.1.1.1 Unusually Severe Weather

1.1.1.2 Completion Delay

1.1.2 Baseline for Monthly Weather Time Evaluations AM#4

1.2 HARBOR MAINTENANCE FEE (1 SEP 1995)(EAL 88-1)

1.2.1 General

1.2.2 Regulations

1.3 PAYMENT FOR MATERIALS DELIVERED OFF-SITE (UAI 52.232-5)

1.3.1 Materials Delivered Off-site

1.3.2 Title to Items

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section Table of Contents --

SECTION 01 10 00.00 45 Page 1

SECTION 01 10 00.00 45 Page 2

SECTION 01 10 00.00 45

NON-REGULATED SPECIAL CONTRACT REQUIREMENTS

AMENDMENT NO. 0004

PART 1 GENERAL

1.1 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (31 OCT 1989)(ER 415-1-15)

1.1.1 General

This provision specifies the procedure for determination of time extensions for unusually severe weather in accordance with the CONTRACT CLAUSE entitled DEFAULT (FIXED-PRICE CONSTRUCTION). For the Contracting Officer to award a time extension under this CLAUSE, the following conditions shall be satisfied.

1.1.1.1 Unusually Severe Weather

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.

1.1.1.2 Completion Delay

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.

1.1.2 Baseline for Monthly Weather Time Evaluations AM#4

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

WORK DAYS BASED ON 7 DAY WORK WEEK

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

( 812) ( 59) ( 49) ( 47) ( 58) ( 710) ( 59) ( 79) (9) ( 79) ( 68) ( 79)

1.2 HARBOR MAINTENANCE FEE (1 SEP 1995)(EAL 88-1)

1.2.1 General

Offerors contemplating use of U.S. ports in the performance of the Contract are subject to paying a harbor maintenance fee on cargo. Federal law establishes an ad valorem port use fee on commercial cargo imported

SECTION 01 10 00.00 45 Page 3 into or exported from various U.S. ports. The fee is 0.125 percent (.00125). Cargo to be used in performing work under Contracts with the U.S. Government is not exempt from the fee, although certain exemptions do exist. Offerors are responsible for ensuring that the applicable fee and associated costs are taken into consideration in the preparation of their offers. Failure to pay the harbor maintenance fee may result in assessment of penalties by the U.S. Customs and Border Protection.

1.2.2 Regulations

The statute is at Title 26 U.S. Code sections 4461 and 4462. Department of Treasury U.S. Customs and Border Protection regulations implementing the statute, including a list of ports subject to the fee, are found at 19 CFR Section 24.24, Harbor Maintenance Fee. Additional information may be obtained from local U.S. Customs and Border Protection offices or by writing to the Director, Budget Division, Office of Finance, Room 6328, U.S. Customs and Border Protection, 1301 Constitution Avenue, N.W., Washington, D.C. 20229.

1.3 PAYMENT FOR MATERIALS DELIVERED OFF-SITE (UAI 52.232-5)

1.3.1 Materials Delivered Off-site

Pursuant to the FAR CLAUSE entitled PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS, materials delivered to the Contractor at locations other than the site of the work may be taken into consideration in making payments if included in payment estimates and if all the conditions of the General Provisions are fulfilled. Payment for items delivered to locations other than the work site will be limited to: (1) Materials required by the TECHNICAL SPECIFICATIONS; or (2) Materials that have been fabricated to the point where they are identifiable to an item of work required under this Contract.

1.3.2 Title to Items

Each payment will be made only after receipt of paid or receipted invoices or invoices with a canceled check showing title to the items by the Prime Contractor and including the value of material and labor incorporated into the item. Payment for materials delivered off-site is limited to those materials necessary to carry out the work specified in the technical sections.

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section --

SECTION 01 10 00.00 45 Page 4

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 22 00.10

MEASUREMENT AND PAYMENT AMENDMENT NO. 0004

PART 1 GENERAL

1.1 LUMP SUM PAYMENT ITEMS

1.1.1 Mobilization and Demobilization

1.1.1.1 Payment

1.1.1.2 Unit of Measure

1.1.2 Demolish and Remove the Existing Drop-outlet Structure

1.1.2.1 Payment

1.1.2.2 Unit of Measure

1.1.3 New Drop-outlet Structure

1.1.3.1 Payment

1.1.3.2 Unit of Measure

1.1.4 As-Built Drawings

1.1.4.1 Payment

1.1.4.2 Unit of Measure

1.1.5 Turfing

1.1.5.1 Payment

1.1.5.2 Unit of Measure

1.1.6 Existing Containment Dike Repair AM#4

1.1.6.1 Payment

1.1.6.2 Unit of Measure

1.2 UNIT PRICE PAYMENT ITEMS

1.2.1 Semi-compacted Containment Dike Construction

1.2.1.1 Payment

1.2.1.2 Measurement

1.2.1.3 Unit of Measure

1.2.2 Uncompacted Training Dike Construction

1.2.2.1 Payment

1.2.2.2 Measurement

1.2.2.3 Unit of Measure

1.2.3 Perimeter and Lateral Drainage Ditches

1.2.3.1 Payment

1.2.3.2 Measurement

1.2.3.3 Unit of Measure

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section Table of Contents --

SECTION 01 22 00.10 Page 1

SECTION 01 22 00.10 Page 2

SECTION 01 22 00.10

MEASUREMENT AND PAYMENT

AMENDMENT NO. 0004

PART 1 GENERAL

1.1 LUMP SUM PAYMENT ITEMS

Payment items for the work of this Contract for which Contract lump sum payments will be made…