AMEND-0001-W912HY21B0005.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

Bid Opening is herby rescheduled for 22 Feb 2021 at 2:00 p.m. CST.

1. CONTRACT ID CODE PAGE OF PAGES

J 1

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

X 9B. DATED (SEE ITEM 11)

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

W912HY21B0005

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:

01-20-2021

Contract for the Sabine Neches Waterway, Texas, Placement Area 8 Containment Dike Raise in Jefferson County, Texas.

Per AFARS 5132.702 (a)(ii)(B) “Funds are not presently available for this acquisition. No contract award w ill be made until appropriated funds are made available."

Estimated Construction Range (DFARS 236.204) - The estimated price range of the proposed construction is between $1,000,000.00 and $5,000,000.00.

1 2

11 Feb 2021

W912HY21B0005

A0001-2

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

1. The specifications for Solicitation No. W912HY21B0005, SABINE NECHES WATERWAY, TEXAS, PLACEMENT AREA NO. 8 IN JEFFERSON COUNTY, TEXAS, are hereby amended as follows:

*THE BID DUE DATE IS HEREBY RESCHEDULED FOR 22nd of FEBRUARY 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 21 00, INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS –

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

(3) 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.

(4) SECTION 32 31 17.10 45, DOUBLE BAR GATE – The enclosed SECTION 32 31 17.10 45 entitled DOUBLE BAR GATE supersedes that issued with this Solicitation.

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

(6) SECTION 35 41 00.01 451, ATTACHMENT A – SOIL BORING DATA – The enclosed SECTION 35 41 00.01 451, entitled SOIL BORING DATA is to be added to and become part of this Solicitation.

b) Drawings.

(1) DRAWINGS NO. G-102, C-101, C-103 AND S-104 – The enclosed Drawings No. G-102, C- 101, C-103 and S-104, supersedes that issued with this Solicitation.

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, CONDITIONS AND NOTICES TO OFFERORS

3. SECTION 01 22 00.10, MEASUREMENT AND PAYMENT

4. SECTION 32 31 17.10 45, DOUBLE BAR GATE

5. SECTION 35 41 00.01 45, EMBANKMENT CONSTRUCTION

6. SECTION 35 41 00.01 451, ATTACHMENT A – SOIL BORING DATA

7. DRAWING NO. G-102

8. DRAWING NO. C-101

9. DRAWING NO. C-103

10. DRAWING NO. S-104

SWG FILE NO.: SN 103-378 SOLICITATION NO.: W912HY21B0005

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 11 00.00 45

BID SCHEDULE AMENDMENT NO. 0001

PART 1 GENERAL

1.1 SCHEDULE NO. 1 AM#1

-- End of Section Table of Contents --

DOCUMENT 00 11 00.00 45 Page 1

AMENDMENT NO. 0001 TO ACCOMPANY SOLICITATION NO.: W912HY21B005

THIS PAGE INTENTIONALLY LEFT BLANK

DOCUMENT 00 11 00.00 45 Page 2

SECTION 00 11 00.00 45

BID SCHEDULE

AMENDMENT NO. 0001

PART 1 GENERAL

1.1 SCHEDULE NO. 1 AM#1

(TO BE ATTACHED TO STANDARD FORM 1442)

Item No.

Description Estimated Quantity

Unit Unit Price Estimated Amount

SCHEDULE NO. 1

0001 Mobilization and Demobilization 1 JOB SUM $___________

0002 South Drop-Outlet Structure Rehabilitation

1 JOB SUM $___________

0003 North Drop-Outlet Structure Rehabilitation

1 JOB SUM $___________

0004 Stripping

1 JOB SUM $___________

0005 Clearing, Grubbing, and Removal of Debris 1 JOB SUM $___________

0006 Turfing

1 JOB SUM $___________

0007 Vehicle Barrier Gates and Boulder Stone Placement

1 JOB SUM $___________

0008 Semi-Compacted Containment Dike Raise 280,000

C.Y.

0009 North Uncompacted Training Dike Raise 23,000 C.Y. $_________ $___________

0010 South Effluent Ditch Material Removal 17,500 C.Y. $_________ $_________

0011 Riprap

70 TON $_________ $_________

0012 Blanket Stone

25 TON $_________ $_________

DOCUMENT 00 11 00.00 45 Page 3

Item No.

Description Estimated Quantity

Unit Unit Price Estimated Amount

SCHEDULE NO. 1

TOTAL SCHEDULE NO. 1 $___________

NOTE: Completion time stated in SECTION 00 73 00.00 45 SPECIAL CONTRACT REQUIREMENTS, STANDARD is for Schedule No. 1 work.

-- End of Document --

DOCUMENT 00 11 00.00 45 Page 4

Document 00 21 00 - Page 1

AMENDMENT NO. 0001 TO ACCOMPANY SOLICITATION NO.: W912HY21B0005

Section 00 21 00 - Instructions

GENERAL CONDITIONS

AMENDMENT NO. 0001

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 5 working days after Bid Opening, of whether he is now or has ever been engaged in any work similar to that covered by the specifications herein, the dollar value thereof, the year in which such work was performed, and the manner of its execution, and giving such information as will tend to show the bidder's ability to prosecute the required work.

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

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

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

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

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

(1) Liquidity

- Current Ratio __________________

- Quick Ratio __________________

(2) Leverage -Debit/Net Worth __________________

(3) Operating Efficiency

- Return on Assets __________________ https://beta.sam.gov/ https://www.sam.gov/SAM/

Document 00 21 00 - Page 2

AMENDMENT NO. 0001 TO ACCOMPANY SOLICITATION NO.: W912HY21B0005

- 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 5 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.

Document 00 21 00 - Page 3

AMENDMENT NO. 0001 TO ACCOMPANY SOLICITATION NO.: W912HY21B0005

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) AM#1

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 W912HY21B0005 and Project Title in subject line of the emai1. Original copies of the Bid Bond shall be submitted to USACE, Galveston District, ATTN: Jennifer Peterson Contract Specialist, 2000 Fort Point Road, Galveston, Texas 77553, on or before the response date and time.

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/aldrich.a.nichols

OR

Join by mobile device: 1-669-234-1177 US Toll Free: 1-844-800-2712 Access Code: 199 989 7696

1.7 BIDDER INQUIRY – PROJNET (FAR 14.211) AM#1

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.

mailto:SWG-CT-Execution-Proposals@usace.army.mil mailto:SWG-CT-Execution-Proposals@usace.army.mil https://usace1.webex.com/meet/aldrich.a.nichols http://www.projnet.org/projnet

Document 00 21 00 - Page 4

AMENDMENT NO. 0001 TO ACCOMPANY SOLICITATION NO.: W912HY21B0005

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: W912HY21B0005

The Bidder Inquiry Key is: XXUTIZ-HNNNC2

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

(15) 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.

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

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

Payments Exclusively for Small Business Concerns

APR 1984

52.232-38 Submission of Electronic Funds Transfer Information with Offer

JUL 2013

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984) AM#1

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

Document 00 21 00 - Page 5

AMENDMENT NO. 0001 TO ACCOMPANY SOLICITATION NO.: W912HY21B0005

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

22.6% 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 Sabine Naches Waterway, Jefferson County, Texas SMSA

Document 00 21 00 - Page 6

AMENDMENT NO. 0001 TO ACCOMPANY SOLICITATION NO.: W912HY21B0005

(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--

(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--

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AMENDMENT NO. 0001 TO ACCOMPANY SOLICITATION NO.: W912HY21B0005

(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

(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;

Document 00 21 00 - Page 8

(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:

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

Document 00 21 00 - Page 9

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 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.

Document 00 21 00 - Page 10

(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) – ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for-- 05 January 2021 at 10:00am central.

(c) Participants will meet at-- USACE Port Arthur Resident Office

201 Pleasure Pier Blvd Port Arthur, TX 77640

Please confirm attendance NLT 29 December 2020 via email to Mr. Timothy White, Timothy.J.White@usace.army.mil and CC Mr. Aldrich Nichols, Aldrich.A.Nichols@usace.army.mil and Mrs. Jennifer Peterson, Jennifer.L.Peterson@usace.army.mil mailto:SWG-CT-protests@usace.army.mil mailto:SWG-CT-protests@usace.army.mil mailto:Timothy.J.White@usace.army.mil mailto:Aldrich.A.Nichols@usace.army.mil mailto:Jennifer.L.Peterson@usace.army.mil

Document 00 21 00 - Page 11

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

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 22 00.10

MEASUREMENT AND PAYMENT AMENDMENT NO. 0001

PART 1 GENERAL

1.1 SUBMITTALS

1.2 LUMP SUM PAYMENT ITEMS

1.2.1 Mobilization and Demobilization

1.2.1.1 Payment

1.2.1.2 Unit of Measure

1.2.2 South Drop-Outlet Structure Rehabilitation

1.2.2.1 Payment

1.2.2.2 Unit of Measure

1.2.3 North Drop-Outlet Structure Rehabilitation

1.2.3.1 Unit of Measure

1.2.4 Stripping

1.2.4.1 Payment

1.2.4.2 Unit of Measure

1.2.5 Clearing, Grubbing, and Removal of Debris

1.2.5.1 Payment

1.2.5.2 Unit of Measure

1.2.6 Turfing

1.2.6.1 Payment

1.2.6.2 Unit of Measure

1.2.7 Vehicle Barrier Gates and Boulder Stone Placement AM#1

1.2.7.1 Payment

1.2.7.2 Unit of Measure

1.3 UNIT PRICE PAYMENT ITEMS

1.3.1 Semi-Compacted Containment Dike Raise

1.3.1.1 Payment

1.3.1.2 Measurement

1.3.1.3 Unit of Measure

1.3.2 North Uncompacted Training Dike Raise

1.3.2.1 Payment

1.3.2.2 Measurement

1.3.2.3 Unit of Measure

1.3.3 South Effluent Ditch Material Removal

1.3.3.1 Payment

1.3.3.2 Unit of Measure

1.3.4 Riprap

1.3.4.1 Payment

1.3.4.2 Stone Transported by Rail or Truck

1.3.4.3 Measurement by Barge Displacement

1.3.4.4 Re-measurement

1.3.4.5 Unit of Measure

1.3.5 Blanket Stone

1.3.5.1 Payment

1.3.5.2 Stone Transported by Rail or Truck

1.3.5.3 Measurement by Barge Displacement

SECTION 01 22 00.10 Page 1

1.3.5.4 Re-measurement

1.3.5.5 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 2

SECTION 01 22 00.10

MEASUREMENT AND PAYMENT

AMENDMENT NO. 0001

PART 1 GENERAL

1.1 SUBMITTALS

Government approval is required for submittals with a "G" designation;

submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. Submit the following in accordance with SECTION 01 33 00 SUBMITTAL PROCEDURES:

SD-02 Shop Drawings

Surveys ; G

Submit drawings of surveys during progress of work.

1.2 LUMP SUM PAYMENT ITEMS

Payment items for the work of this Contract for which Contract lump sum payments will be made are listed in the BID SCHEDULE and specified below.

All costs for items of work, which are not specifically mentioned to be included in a particular lump sum or unit price payment item, will be included in the listed lump sum item most closely associated with the work involved. The lump sum price and payment made for each item listed will constitute full compensation for furnishing plant, labor, materials, and equipment, and performing any associated Contractor Quality Control, administrative requirements, environmental protection, meeting safety requirements, tests and reports, as-builts and for performing the work required for which separate payment is not otherwise provided.

1.2.1 Mobilization and Demobilization

1.2.1.1 Payment

Payment will be made for costs associated with "Mobilization and Demobilization" as defined in the SECTION 00 72 00 CONTRACT CLAUSES.

Payment for costs in connection with the plant necessary to perform the work, to include transportation and other costs incidental to delivery of the plant and other equipment to the general work area in condition ready for operation, and after completion of the work for removal of the plant and equipment from the work site.

1.2.1.2 Unit of Measure

Unit of measure: Job

SECTION 01 22 00.10 Page 3

1.2.2 South Drop-Outlet Structure Rehabilitation

1.2.2.1 Payment

The Contract price for "South Drop-Outlet Structure Rehabilitation" will include the costs necessary to clean and paint the structures, replace existing platforms and walkway gratings with new steel gratings, repair structural and safety deficiencies to include incidental earthwork and welding as necessary to achieve a safe, and stable structure for the South Drop-Outlet Structure.

Additionally, Contract price will include the costs necessary to repair outfall stone protection, construct walkway slope to match up with the raised dike, extend and reinstall the walkway to match raised dike, remove and replace existing concrete footing with a new concrete footing for the South Drop-Outlet Structure.

1.2.2.2 Unit of Measure

Unit of Measure: Job

1.2.3 North Drop-Outlet Structure Rehabilitation

The Contract price for "North Drop-Outlet Structure Rehabilitation" will include the costs necessary to clean and paint the structures, replace existing platforms and walkway gratings with new steel gratings, repair structural and safety deficiencies to include incidental earthwork and welding as necessary to achieve a safe, and stable structure for the North Drop-Outlet Structure.

Additionally, Contract price will include the costs necessary to repair outfall stone protection, construct walkway slope to match up with the raised dike, extend and reinstall the walkway to match raised dike, remove and replace existing concrete footing with a new concrete footing for the North Drop-Outlet Structure.

1.2.3.1 Unit of Measure

Unit of Measure: Job

1.2.4 Stripping

1.2.4.1 Payment

Payment for "Stripping" in Schedule No. 1, will be made for costs associated with and including, but not limited to, equipment, labor, material, and time to perform the work specified in the borrow areas and the dike, and the costs incidental to stripping, including the disposition and any other work in connection therewith.

1.2.4.2 Unit of Measure

Unit of measure: Job

1.2.5 Clearing, Grubbing, and Removal of Debris

1.2.5.1 Payment

Payment will be made for "Clearing, Grubbing, and Removal of Debris", in

SECTION 01 22 00.10 Page 4

Schedule No. 1, which will include equipment, labor, and material to perform the work specified herein.

1.2.5.2 Unit of Measure

Unit of measure: Job

1.2.6 Turfing

1.2.6.1 Payment

Payment for "Turfing" in Schedule No. 1, will be made for costs associated with equipment, labor, material, time, and any other work in connection to turfing. This will include the costs necessary to seed and fertilize the areas previously cleared and grubbed, and any areas damaged by construction of the embankment raise.

1.2.6.2 Unit of Measure

Unit of measure: Job

1.2.7 Vehicle Barrier Gate s and Boul der St one Pl acement AM#1

1.2.7.1 Payment

The Contract price for "Vehicle Barrier Gate s and Boul der St one Pl acement ", in Schedule No.1, will include the cost necessary to remove the existing Sout h Access Ggate components; provide and install four new vehicular barrier gate s: one 24- f t and t hr ee 18- f t gat es ; Retrieve exi st i ng boul der st ones f r om Por t Ar t hur Ar ea Of f i ce, pl ace at t he t hr ee 18- f t gat es al ong each gat e s i des, as di r ect ed i n t he f i el d, repair minor structural or safety deficiencies; and incidental welding work and earthwork as necessary to achieve a safe, and stable barrier gate structure.

1.2.7.2 Unit of Measure

Unit of measure: Job

1.3 UNIT PRICE PAYMENT ITEMS

Payment items for the work in this Contract on which the Contract unit price payments will be made are listed in the BID SCHEDULE and specified below. The unit price and payment made for each item listed will constitute full compensation for furnishing plant, labor, materials, and equipment, and performing any associated Contractor Quality Control, administrative requirements, environmental protection, meeting safety requirements, tests and reports, and for performing the work required for each of the unit price items.

1.3.1 Semi-Compacted Containment Dike Raise

1.3.1.1 Payment

Payment for "Semi-Compacted Containment Dike Raise", in Schedule No. 1, will be made for costs associated with raising the containment dikes and will include excavation, hauling, placing, and semi-compaction of impervious fill, and any other work in connection therewith.

SECTION 01 22 00.10 Page 5

1.3.1.2 Measurement

The total quantity of material for which payment is to be made will be the neat-line volumes of in-place quantity between the pre-construction ground surface after clearing/grubbing and stripping as determined by survey and the grade and slope of the final raised or repaired dike cross sections constructed as specified and as determined by Surveys conforming to SECTION 35 41 00.01 45 EMBANKMENT CONSTRUCTION Paragraph titled SURVEYS.

In the case of the dike repairs the excavated eroded areas will constitute the ground surface. The theoretical quantity will be calculated by the average end-area method. No allowance will be made for material outside the required slope lines unless authorized.

1.3.1.3 Unit of Measure

Unit of measure: Cubic Yard

1.3.2 North Uncompacted Training Dike Raise

1.3.2.1 Payment

Payment for "North Uncompacted Training Dike Raise", in Schedule No. 1, will be made for costs associated with constructing the training dike raise and will include stripping, excavation, hauling, and placing uncompacted random fill, and any other work in connection therewith.

1.3.2.2 Measurement

The total quantity of material for which payment is to be made will be the neat-line volumes in-placed quantity between the pre-construction ground surface after clearing/grubbing and stripping as determined by a survey and the grade and slope of the new training dike cross sections as specified and as determined by Surveys conforming to SECTION 35 41 00.01 45 EMBANKMENT CONSTRUCTION Paragraph titled SURVEYS. In the case of the dike repairs the excavated eroded areas will constitute the ground surface. The theoretical quantity will be calculated by the average end-area method. No allowance will be made for material outside the required slope lines unless authorized.

1.3.2.3 Unit of Measure

Unit of measure: Cubic Yard

1.3.3 South Effluent Ditch Material Removal

1.3.3.1 Payment

Payment for "South Effluent Ditch Material Removal" will be made for costs associated with materials, labor, equipment, and transportation of material removed from the south effluent ditch.

1.3.3.2 Unit of Measure

Unit of measure: Cubic Yard

SECTION 01 22 00.10 Page 6

1.3.4 Riprap

1.3.4.1 Payment

Payment for "Riprap" will be made for providing and placing riprap for each net ton of acceptable stone placement. The price of stone placement will include the costs of material, equipment, and labor necessary to complete the required work. No separate payment will be made for any excavation, stockpiling, and disposal of materials that may be incidental to placing the stone. If an access or flotation channel is required, no separate payment will be made for its construction and will be considered as incidental work. Any area disturbed will be returned to original condition.

1.3.4.2 Stone Transported by Rail or Truck

Measure the stone in tons (2,000 pounds). Each truck load will be weighed to the nearest 0.1 ton and the final quantity rounded to the nearest whole ton. Certified railroad or truck weights will be accepted for determination of the weight of stone placed in the finished section. The weight of rejected stone will be estimated by the Contracting Officer and deducted from the carload or truckload weight. The Contractor may have the rejected stone weighed if so desired, in which case the actual weight will be deducted from the carload or truckload weight. Have the stone weighed on standard railroad track scales by a certified Weighmaster.

Scales shall be of sufficient length to permit simultaneous weighing of all axle loads and shall have an accuracy within 0.2 percent throughout the range of the scales. The scale's accuracy shall conform to the applicable requirements of NIST HB 44 and be certified prior to weighing any stone. The scales shall be capable of printing a weight ticket including time, date, truck number, and weight. A copy of the weight scale certification from the regulation agency attesting to the scale's accuracy shall be submitted for the weigh scale tickets. Test the scales in the presence of a Government Inspector at any time the Contracting Officer may require.

The original printed certified weight scale tickets or a certified copy prepared in ink or indelible pencil shall be furnished to the Contracting Officer promptly after a car or truck is weighed and before the stone is placed in the area for the breakwater. The report of weight for each carload or truckload shall show the gross, tare, and net weights, and erasures or changes on a report shall be explained by a memorandum made on, or attached to, the report and be signed by the Weighmaster. If deemed advisable, the Government will employ an Inspector at the scales, in which event necessary facilities shall be furnished the inspector for observing the weighing and for recording the scale weights and stenciled light weights on the cars or trucks. Expense of weighing stone and testing scales shall be borne by the Contractor. Other methods of measurement may be used when approved.

Net Weight of Delivered Stone. The weight of sideboards, stakes, and skips, if any, will be determined by actual weighing or by estimates, mutually agreed upon by the Contracting Officer and the Contractor, and the weights so determined, together with the tare weight of the car or truck, shall be deducted from the gross weight to determine the net weight of stone delivered.

SECTION 01 22 00.10 Page 7

1.3.4.3 Measurement by Barge Displacement

Measure the stone in tons (2,000 pounds). Barge displacement measurements recorded as gaging table data will be accepted for determination of the weight of stone placed in the finished section. The barge will be Gaged at a protected location near the site as approved. All measurements for determining gaging tables and for calculating loads are to be made in still water close to the work site. The gaging table shall be based upon

62.4 lb/cf in fresh water and 64 lb/cf in salt water. Furnish the Contracting Officer a barge displacement table not less than 10 work days prior to unloading the stone from any barge. Each table submitted shall show the name and/or number of the barge owner, the name of the fabricator, and the certification and date of certification of the person or firm preparing the table. Furnish with the barge displacement tables a drawing or sketch of each barge, dimensioned in sufficient detail to permit checking of the tables. The drawings shall show, as a minimum, the length, width, depth of the barge, and dimensions of the rake or rakes.

Each such table shall have its accuracy certified by a person or firm, other than the Contractor, customarily performing this service.

Each table submitted shall contain, in parallel columns, the freeboard of the barge in feet and tenths from zero to the full depth of the barge and the corresponding gross displacement to the nearest ton. Each barge shall be suitably marked with three displacement gaging locations on each side, near each end of the barge, and amidships on opposite sides. Each gaging location shall be marked by a line perpendicular to the edge of the barge, 4 inches wide and 1 foot long, on both the deck and side of the barge and amidships on opposite sides. Barges with rakes shall have the displacement gaging lines placed at each corner of the box section between the rakes. If a barge has a box end or ends, the gaging locations shall be placed approximately 4 feet from the box end(s). The freeboard will be measured at the six gaging locations and the displacement determined by the use of "STANDARD BARGE TABLES" from the average of these measurements. The displacement will be determined before and after being unloaded and the difference between these values shall be the quantity delivered.

Submit the Gaging Table Data, stone hauling vessel, gaging tables and a copy of the data and calculations used for the preparation of the tables.

Barges shall be loaded so that the readings taken at the gaging locations do not vary more than 1.5 feet fore and aft and do not vary more than 0.5 feet port to starboard. If such is not the case, trim the carrier by shifting the stone until this limit is reached, before the measurement will be accepted. The draft shall be determined from the average of all six readings weighting the readings of the middle gage at double those of the end gages. (G1 + G2 + 2xG3 + 2xG4 + G5 + G6) divided by 8 = average draft. All carriers used in transporting stone shall be free of leaks such as would render accurate gaging difficult. Facilities for inspecting the hold of each carrier to determine whether leakage is occurring shall be provided. Each carrier shall also be provided with adequate pumping facilities, and if water is found to be accumulating in the hold, the carrier shall be pumped dry before each gaging, both before and after unloading. Lightening by pumping or by transfer of crew or supplies will not be permitted while stone is being transferred. Rejected stone and unacceptable material shall be left aboard the barge until after the final readings have been taken.

Barge Repairs or Additions. Repairs or additions made to the barges during the progress of the work shall be promptly reported to the

SECTION 01 22 00.10 Page 8

Contracting Officer. During the progress of the work, if the Contracting Officer considers it advisable or necessary, each barge shall be re-measured at the expense of the Contractor and under the supervision of the Contracting Officer. No barge shall be used which is not in a seaworthy condition or which leaks excessively. The barges used shall be so constructed that when loaded they do not bend or warp so that the Gages are unreliable. Each barge load shall contain only one class of stone.

Disputes. The Gages will be read by the Contracting Officer and the Contractor is invited to be present when the readings are taken.

Disagreements on the part of the Contractor as to the weight of stone will be reported to the Contracting Officer in writing within 10 calendar days of their occurrence. Disputes will be handled in accordance with the CONTRACT CLAUSE entitled DISPUTES.

1.3.4.4 Re-measurement

Where a loss of material due to stockpiling, rehandling, or hauling is possible, the Contracting Officer will have the discretion to require re-measurement prior to placement.

1.3.4.5 Unit of Measure

Unit…