W912HY21B0020-AMEND0001-Final-19 Aug 2021.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 Specifications for Solicitation No. W912HY21B0020, Gulf Intracoastal Waterway, Texas, Chocolate Bayou Placement Area 1A Containment Dike Construction for which Bid Opening is scheduled for 27 August 2021 at 2:00 P.M. Local Time is hereby amended as follows:

SEE CONTINUATION PAGE

1. CONTRACT ID CODE PAGE OF PAGES

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 W912HY21B0020

X 9B. DATED (SEE ITEM 11)

28-Jul-2021

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.

5. PROJECT NO.(If applicable)

6. ISSUED BY CODE

US ARMY CORPS OF ENGINEERS

2000 FORT POINT ROAD

P.O. BOX 1229

GALVESTON TX 77553-1229

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

3.EFFECTIVE DATE

19-Aug-2021

W912HY21B0020

A0001-2

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

1. The specifications for Solicitation No. W912HY21B0020, Gulf Intracoastal Waterway, TEXAS Chocolate Bayou Placement Area 1A Containment Dike Construction, are hereby amended as follows:

a) Specifications.

(1) STANDARD FORM 1442, BLOCK 10,

Disclosure of Magnitude of Construction Projects (DFARS 236.204)-The Magnitude of this Construction Project should be Between $5,000,000 and $10,000,000 is hereby changed to read Between $10,000,000 and $25,000000.

(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 31 11 00.10 45, REMOVAL OF DEBRIS – The enclosed SECTION 31 11 00.10 45 entitled REMOVAL OF DEBRIS supersedes that issued with this Solicitation.

(4) SECTION 35 31 19.32 45, RIPRAP AND BLANKET STONE – The enclosed SECTION 35 31 19.32 45 entitled RIPRAP AND BLANKET STONE 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.

b) Drawings.

(1) DRAWINGS NO. C-101.1 and C-501.1 - The enclosed Drawings No. C-101.1 and C-501.1, supersedes that issued with this Solicitation.

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

05 Encls:

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

2. SECTION 31 11 00.10 45, REMOVAL OF DEBRIS

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

4. SECTION 35 41 00.01 45, EMBANKMENT CONSTRUCTION

5. DRAWING NO. C-101.1

6. DRAWING NO. C-501.1

SWG FILE NO.: IWW 1125-0142 SOLICITATION NO.: W912HY21B0020

Section 00 21 00 - Instructions, Conditions and Notices to Offerors

1.1 Disclosure of the Magnitude of Construction Projects (DFARS 236.204)

The estimated price range of the proposed construction is between $10,000,000 and $25,000,000.

1.2 AVAILABILITY OF PLANS AND SPECIFICATIONS ON 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://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)

Bidders shall submit a statement not later than the response date and time indicated in the solicitation of whether he is now or has ever been engaged in any work similar to that covered by the specifications herein, the dollar value thereof, the year in which such work was performed, and the manner of its execution, and giving such information as will tend to show the bidder's ability to prosecute the required work. The "such other information" referred to above shall include but is not limited to the following:

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

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

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

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

(1) Liquidity

- Current Ratio __________________

- Quick Ratio __________________

(2) Leverage -Debit/Net Worth __________________

(3) Operating Efficiency

- Return On Assets __________________

- Asset Turnover __________________

(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.

Section 00 21 00 - Page 1

TO ACCOMPANY AMENDMENT NO. 0001 TO SOLICITATION W912HY20B0020

https://sam.gov/ https://www.sam.gov/SAM/

(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 not later than the response date and time indicated in the solicitation.

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 to include 52.204-24 and 52.204-26?

Is your offer properly signed?

If a bid guarantee is required, is it included with your offer? (A late bid guarantee is treated the same as a late offer).

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

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

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

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

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

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

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

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

REMINDER TO BIDDERS

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

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

Section 00 21 00 - Page 2

TO ACCOMPANY AMENDMENT NO. 0001 TO SOLICITATION W912HY20B0020

1.6 SPECIAL INSTRUCTIONS PERTAINING TO ELECTRONIC BID SUBMISSION: (FAR

14.302 and 14.304)

The Bid, a copy of the SF24 Bid Bond and the Pre-Award Information as specified in Paragraph 1.3 in Section 00 21 00- Instructions, Conditions and Notices to Offerors, shall 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 W912HY21B0020 and Project Title in subject line of the emai1.

Bid Opening will be held by teleconference.27 AUGUST 2021 at 1400 CT via link, https://usace1.webex.com/usace1/j.php?MTID=m901034cb58bf5df90f1dda9ae2e20f5a Meeting number: 199 442 2157 Password: G5WzEDsg$32 Join by Phone: +1-844-800-2712 US Toll Free

+1-669-234-1177 US Toll

1.7 BIDDER INQUIRY – PROJNET (FAR 14.211)

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

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

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

Inquiries containing multiple questions may be rejected.

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

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

D. The Solicitation Number is: W912HY20B0020

The Bidder Inquiry Key is: GXQUY8-QU3FU8

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

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

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

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

Section 00 21 00 - Page 3

TO ACCOMPANY AMENDMENT NO. 0001 TO SOLICITATION W912HY20B0020

mailto:SWG-CT-Execution-Proposals@usace.army.mil mailto:SWG-CT-Execution-Proposals@usace.army.mil https://usace1.webex.com/usace1/j.php?MTID=m901034cb58bf5df90f1dda9ae2e20f5a http://www.projnet.org/projnet

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

52.217-5 Evaluation Of Options JUL 1990 52.232-13 Notice Of Progress Payments APR 1984 52.232-14 Notice Of Availability Of Progress

Payments Exclusively For Small Business Concerns

APR 1984

52.232-38 Submission of Electronic Funds Transfer Information with Offer.

JUL 2013

CLAUSES INCORPORATED BY FULL TEXT

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

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

(End of clause)

52.216-1 TYPE OF CONTRACT (APR 1984)

Section 00 21 00 - Page 4

The Government contemplates award of a FIRM-FIXED PRICE contract resulting from this solicitation.

(End of provision)

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY

2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements,of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(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

Harris County, TX 27.3% or Chambers County, TX 27.4%

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

Section 00 21 00 - Page 5 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 Chambers and Harris Counties, Cedar Bayou, Texas.

(End of provision)

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

(OCT 2019)

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

Caribbean Basin country construction material means a construction material that--

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

Section 00 21 00 - Page 6

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

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 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.

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Section 00 21 00 - Page 7

Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);

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

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

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St.

Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

Designated country construction material means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country 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 nonavailability 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.

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

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

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

Section 00 21 00 - Page 8

“Free Trade Agreement country construction material” means a construction material that—

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

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

“Least developed country construction material” means a construction material that—

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

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

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

WTO GPA country construction material means a construction material that--

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

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

(b) Construction materials.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C.

1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition.

Therefore, the Buy American restrictions are waived for designated country construction materials.

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

(3) The requirement in paragraph (b)(2) of this clause does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

[Contracting Officer to list applicable excepted materials or indicate ``none'']

Section 00 21 00 - Page 9

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

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

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

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

(c) Request for determination of inapplicability of the Buy American statute.

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

Section 00 21 00 - Page 10

Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material.

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

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

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

Foreign and Domestic Construction Materials Price Comparison Construction material description

Unit of measure

Quantity Price (dollars) \1\

Item 1 Foreign construction material Domestic construction material Item 2 Foreign construction material Domestic construction material \1\ Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

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

Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

(End of clause)

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 Box1229, 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.

(End of provision)

Section 00 21 00 - Page 11

TO ACCOMPANY AMENDMENT NO. 0001 TO SOLICITATION W912HY20B0020

mailto:SWG-CT-protests@usace.army.mil mailto:SWG-CT-protests@usace.army.mil

Section 00 21 00 - Page 12

TO ACCOMPANY AMENDMENT NO. 0001 TO SOLICITATION W912HY20B0020

52.236-27 Site Visit (Construction) FEB 1995

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

(a) Site visits may be arranged during normal duty hours by contacting:

Name: Mr. Brandon Smolinsky, Resident Engineer Address: US Army Corps of Engineers, Northern Area Office 12000 Aerospace Avenue Houston, TX 77034 Telephone: (281)752-2643

(End of Provision)

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

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

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

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

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

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

(End of provision)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense Acquisition Regulation (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision) https://www.acquisition.gov/content/regulations

SWG FILE NO. : IWW 1125-0142 SOLICITATION NO. : W912HY21B0020

SECTION 31 11 00.10 45

REMOVAL OF DEBRIS

AMENDMENT NO. 0001

PART 1 GENERAL

1.1 SUMMARY

The work covered in this Section consists of furnishing plant, labor, and equipment necessary to perform the operations in connection with the removal of debris from the existing stone mattresses, and the satisfactory disposal of cleared and removed materials.

1.2 MEASUREMENT AND PAYMENT

Measurement and payment for removal of debris will be paid for in accordance with provisions of the SECTION 01 22 00.10 MEASUREMENT AND

PAYMENT.

1.3 DEFINITIONS

1.3.1 Removal of Debris

Removal of Debris consists of satisfactory disposal of floating material generated from flattening and leveling of stone mattresses, timber, or other items occurring in the designated area.

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION

3.1 REMOVAL OF DEBRIS

Any floating debris or loose fabric from existing stone mattresses upon the leveling and breaking down of the exisitng stone mattresses shall be removedfrom the project area. The Contractor may be directed to remove other debris from the project location.

3.2 DISPOSAL OF MATERIAL AM#1

Materials obtained from removal of debris operations wi l l become pr oper t y of t he Cont r act or and are to be removed from the construction area and disposed in the designated disposal area in approved locations designated by t he Cont r act i ng Of f i cer . Debris consisting of inert and essentially insoluble industrial solid wastes including, but not limited to rock, brick, dirt, concrete, shingles, and glass materials that are not readily decomposable, and that are categorized as Class III wastes, are to be removed from the construction area and disposed in the designated disposal area. Class III wastes are defined in Title 30, Part 1, Chapter 335, Subchapter A, Rule 335.1 of the Texas Administrative Code. Debris consisting of trees, shrubs, and logs are to be disposed in a Type IV landfill as approved. Other classes of waste materials including, but not limited to metal, plastic, and rubber are to be disposed in appropriate areas furnished by the Contractor. Automobiles, abandoned boats, and tires are to be disposed in a Type VIII landfill as approved.

SECTION 31 11 00.10 45 Page 1

TO ACCOMPANY AMENDMENT NO. 0001 TO SOLICITATION: W912HY21B0020

-- End of Section --

SECTION 31 11 00.10 45 Page 2

SECTION 35 31 19.32 45

RIPRAP AND BLANKET STONE

AMENDMENT NO. 0001

PART 1 GENERAL

1.1 SUMMARY

The work in this Section includes furnishing labor, equipment, and material for placing blanket stone and riprap as shore protection.

1.2 MEASUREMENT AND PAYMENT

Measurement and payment for riprap and blanket stone will be paid for in accordance with provisions of the SECTION 01 22 00.10 MEASUREMENT AND

PAYMENT.

1.3 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic designation only.

ASTM INTERNATIONAL (ASTM)

ASTM C127 (2015) Standard Test Method for Density, Relative Density (Specific Gravity), and Absorption of Coarse Aggregate

ASTM C136 (2006) Standard Test Method for Sieve Analysis of Fine and Coarse Aggregates

ASTM C535 (2016) Standard Test Method for Resistance to Degradation of Large-Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine

ASTM D3740 (2019) Minimum Requirements for Agencies Engaged in the Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction

ASTM D4791 (2019) Flat Particles, Elongated Particles, or Flat and Elongated Particles in Coarse Aggregate

ASTM D5313/D5313M (2012; R 2013) Evaluation of Durability of Rock for Erosion Control Under Wetting and Drying Conditions

ASTM D6092 (14-e1) Standard Practice for Specifying Standard Sizes of Stone for Erosion Control

SECTION 35 31 19.32 45 Page 1

1.4 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-01 Preconstruction Submittals

Construction Work Plan ; G Source For Materials ; G, ECH-C

SD-04 Samples

Stone ; G, ECH-C

SD-06 Test Reports

10 Days Notice Of Gradation Test ; G, ECH-C Evaluation Testing Of Stone ; G, ECH-C Blanket Stone Test Reports ; G, ECH-C Gradation Test ; G, ECH-C

SD-07 Certificates

Blanket Stone ; G, ECH-C Riprap ; G, ECH-C

1.5 DEFINITIONS

1.5.1 Stone Protection

Stone protection is defined in this Contract as a system consisting of a layer or layers of filter material, such as bedding stone, or blanket stone, or geosynthetic fabric (geotextile) beneath a layer or layers of riprap.

1.5.2 Graded Riprap

Graded riprap is reasonably well graded, or other material that is durable and dense and deliberately selected and graded. It is loosely placed along or around shorelines, stream beds, bridge abutments pilings, and other shoreline structures to protect these features against water erosion. Stone riprap is normally produced by mechanical methods with a jaw crusher and grizzly after the stone has been mined by blasting in a Quarry.

1.5.3 Blanket Stone

Blanket stone is generally well graded and specified in Part 2: PRODUCTS.

It is placed under graded stone riprap in a layer or combination of layers, designed and installed in such a manner as to prevent the loss of underlying soil or finer materials because of moving water.

1.6 STORAGE OF CONSTRUCTION MATERIALS

Construction materials received with certified weights which cannot be used immediately for construction, but must be unloaded from the barges, SECTION 35 31 19.32 45 Page 2 rail cars, or trucks are to be stored in approved storage areas. The storage area is to be reasonably near the jobsite and be approved. The storage area is to be a relatively smooth area so that the stored material can later be recovered free from dirt or other foreign materials.

1.7 CONSTRUCTION WORK PLAN

Submit, prior to starting construction, a Construction Work Plan that includes descriptions and details on what measures will be taken to protect the adjacent completed works from being compromised or damaged by the proposed construction activities and operations. Describe the materials, equipment, construction techniques, sequences, and procedures that will be used to mobilize and transport the materials to the worksite(s), prepare the embankment slope for stone placement, and place stone as specified. Provide detailed plans as to how the worksite is going to be accessed from the water. State how the worksite is going to be maintained during construction, cleaned up afterwards, and how demobilization will be executed.

1.8 ORDER OF WORK

Work shall be constructed starting with Schedule No. 1 consisting of stone dike construction between STA. 44+00 to STA. 82+00 and earthen dike construction between STA. 32+00 to STA. 44+00. The stone dike shall be constructed first before constructing the earthen dike. This will allow the stone dike to provide protection to the earthen dike from the oncoming wave action. This shall be done with all Options that becomes exercised to prevent the erosion of the earthen dike.

PART 2 PRODUCTS

2.1 Blanket Stone

2.1.1 General

Submit the source for materials used for bedding. Blanket stone is to consist of gravel or crushed stone. Submit blanket stone test reports attesting that the blanket stone meet specified requirements.

2.1.2 Material

Blanket stone is to be composed of tough, durable particles, adequately free from thin, flat and elongated pieces, and contain no organic matter nor soft, friable particles in quantities considered objectionable by the Contracting Officer. The stone is to meet the requirements of ASTM D6092 Size ASTM R-20 or equivalent and approved. Gradation is to conform to the following requirements:

SECTION 35 31 19.32 45 Page 3

TABLE FOR BLANKET STONE 155 lb/cu ft min.

Percent Lighter By Weight Limits of Stone Weight

100 45

50-100 20

15-50 10

0-15 2

Provide blanket stone well-graded between the limits shown. Perform at least one test on each 1000 tons to be delivered to the project site placed for each specified gradation in accordance with ASTM C136. The points on individual grading curves obtained from representative samples of blanket stone are to lie between the boundary limits as defined by smooth curves drawn through the tabulated gradation limits plotted on ENG FORM 2087 or similar form. The individual gradation curves within these limits are to not exhibit abrupt changes in slope denoting either gap grading or scalping of certain sizes or other irregularities which would be detrimental to the proper functioning of the bedding layers.

2.2 STONE

2.2.1 General

Submit suitable samples of stone to be used prior to delivery of the material to the worksite. Conduct the tests in accordance with applicable ASTM and Corps of Engineers methods of tests, given in the Handbook for Concrete and Cement, in a laboratory validated by the Government. The cost of testing will be borne by the Contractor.

2.2.1.1 Evaluation Testing of Stone

Evaluation testing is to be the responsibility of the Contractor and be submitted prior to delivery of the material to the worksite. The information is to be furnished prior to preparation of pre-production demonstration stockpiles. The laboratory to perform the required testing is to be validated based on relevant Paragraphs of ASTM D3740. The individual tests are to be listed for which the validation covers along with the date of the inspection.

Test Designation Riprap

Test Method Minimum Maximum

The method of test for Saturated Surface Dry (SSD) is to be ASTM C127. 2.48 2.6

SECTION 35 31 19.32 45 Page 4

Test Designation Riprap

The method of test for unit weight is to be ASTM C127. 155 lbs 165 lbs

The method of test for Saturated Surface Dry (SSD) is to be ASTM C127. 2.48 2.6

The absorption of the stone determined in accordance with ASTM C127. 5%

Resistance of Rock to Wetting and Drying. in accordance with ASTM D5313/D5313M. 1%

Resistance to Degradation in accordance with

ASTM C535. 40%

2.2.1.2 10 Days Notice of Gradation Test

The Contractor is to require that the selected Quarry perform gradation tests from representative samples of stone prior to its shipment to the worksite. Take the sample in the presence of the Contracting Officer.

Submit the gradation tests using a GRADATION TEST DATA SHEET. At least one gradation test is to be performed for the specified riprap and blanket stone. The gradation tests are to be reported using the forms, GRADATION TEST DATA SHEET attached at the end of this Section and ENG FORM 4794.

Acceptance of the stone as to conformance with gradation requirements will be made prior to shipping. Inform the contracting officer at least 10 days prior to when the sampling and gradation test is to be performed.

Provide inspection time, location, and point of contact for the quarry.

2.2.1.3 Proportional Dimension Limitations

The maximum aspect ratio (greatest dimension:least dimension) of any piece of stone for size ranges is to be not greater than 3:1 when measured across mutually perpendicular axis. Not more than 25 percent of the stones within a gradation range are to have an aspect ratio greater than 2.5:1. A maximum of 5 percent flat and elongated pieces by weight will be acceptable. A flat and elongated piece of riprap is defined as having a ratio of width to thickness or length to width greater than 3:1.

ASTM D4791 is to be used as a guide to perform the test.

2.3 Riprap

Crushed concrete will not be used for riprap. The graded riprap stone will be Standard Size R-700 in accordance with Table 1 in ASTM D6092 and will be well graded and conform to the table below.

TABLE - FOR RIPRAP

PERCENT LIGHTER BY WEIGHT (SSD) LIMITS OF STONE WEIGHT, (pounds)

100 1500

50-100 700

SECTION 35 31 19.32 45 Page 5

TABLE - FOR RIPRAP

PERCENT LIGHTER BY WEIGHT (SSD) LIMITS OF STONE WEIGHT, (pounds)

15-50 300

0-15 60

PART 3 EXECUTION

3.1 BLANKET STONE

3.1.1 General

Blanket stone composed of crushed rock or stone is to be placed within the dike template limits shown. The blanket stone is to conform to the requirements of the blanket stone Paragraph. Reasonably well-graded stone is to include essentially the stone sizes between the two extremes specified which is to result in a dense, fairly well-graded material not having noticeable voids or a lack of the larger sizes.

3.1.2 Placement AM#1

Blanket stone is to be spread uniformly using a satisfactory method to the neat lines shown with a +/- 0.5 ft tolerance. Placing stone by methods which may segregate particle size within the blanket is not to be permitted. Blanket stone placed under water is to be lowered beneath the water to the existing excavated bottom and slopes before being released.

3.2 RIPRAP

3.2.1 General

Riprap is to be placed within the limits shown or otherwise directed.

Either boulders or quarried rock may be used if conforming to the applicable requirements in this Section. A maximum of 5 percent by weight of chips and fragments resulting from handling may be placed in the finished section. The inclusion of objectionable quantities of gypsum, shale, and chert in the riprap is to not be permitted. The stone is to be reasonably well-graded. Reasonably well-graded stone is to include essentially stone sizes between the two extremes specified which is to result in dense, fairly well-graded material not having noticeable voids or a lack of the larger sizes. The stone is to conform to the gradation specified in PART 2.

3.2.2 Placement

3.2.2.1 General

Riprap is to be placed using a method that will produce a reasonably well graded mass of rock with the minimum practicable percentage of voids, and be constructed to the lines and grades shown. Riprap is to be placed using a method that is to minimize displacing the blanket material. The larger stones are to be well distributed and the entire mass of stones in their final position are to be roughly graded to conform to the gradation specified above. The finished work is to be free from objectionable pockets of small stones and clusters of larger stones. The desired distribution of the various sizes of stones throughout the mass is to be

SECTION 35 31 19.32 45 Page 6 obtained by selective loading of the material at the Quarry or other source, by controlled dumping of successive loads during final placing, or by other methods of placement which is to produce the specified results.

Riprap is to be placed with a +/- 0.5 ft tolerance for all dimensions.

3.2.2.2 Check Surveys

Contractor surveys are required on each material placed for determining the materials are acceptably placed in the work with a +/- 0.5 ft tolerance. Make checks as the work progresses to verify lines, grades and thicknesses established for completed work. At least one check survey as specified below is to be made for each 100 foot section as shown after completion. Following placement of each type of material, the cross section of each step of the work is to be approved by the Contracting Officer before proceeding with the next step of the work. Approval of cross sections based upon check surveys is not to constitute final acceptance of the work. Cross sections are to be taken on lines 100 feet apart, measured along the structure reference line, with readings at 20-foot intervals and at breaks along the lines. However, other cross section spacing and reading intervals may be used if determined appropriate by the Contracting Officer. Additional elevations and soundings are to be taken as the Contracting Officer may deem necessary or advisable. The surveys are to be conducted in the presence of an authorized representative of the Contracting Officer, unless this requirement is waived by the Contracting Officer.

a. Above Water: The elevation of stone above the water surface is to be determined by the use of a leveling instrument and a rod having a base 12 inches in diameter. If approved by the Contracting Officer other means may also be used.

b. Below Water: For portions of the work that are under water, sounding surveys are to be performed either by means of a sounding pole or a sounding basket weighing about 8 1/2 pounds, each of which has a base measuring 12 inches in diameter.

c. Electronic Depth Recorder: The survey depth…