Amendment_2.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

The purpose of this amendment is to include an updated Section 00800.

1. CONTRACT ID CODE PAGE OF PAGES

1 2

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 W912P4-14-R-0005

X 9B. DATED (SEE ITEM 11)

14-May-2014

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, 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.

U0002

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

06-Jun-2014

CODE

DEPARTMENT OF THE ARMY

USACE, BUFFALO

1776 NIAGARA STREET

BUFFALO NY 14207-3199

W912P4 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912P4-14-R-0005

TABLE OF CONTENTS

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

CLAUSE NUMBER CLAUSE TITLE

31.105-101 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE

SCHEDULE (MAR 1995)

52.211-12 LIQUIDATED DAMAGES – CONSTRUCTION (SEP 2000)

52.228-4006 INSURANCE (Jul 2005)

52.236-4 PHYSICAL DATA (APR 1984)

252.236-7000 MODIFICATION PROPOSALS – PRICE BREAKDOWN

(DEC 1991)

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG

2000)

252.236-7004 PAYMENT FOR MOBILIZATION AND DEMOBILIZATION

(DEC 1991)

LOCAL CLAUSES

SUSPICIOUS ACTIVITY REPORTING

PRE-SCREEN CANDIDATES USING E-VERIFY PROGRAM

00800-2

SECTION 00800

SPECIAL CONTRACT REQUIREMENTS

31.105-101 Equipment Ownership and Operating Expense Schedule (MAR 1995)

(a) This special contract requirement does not apply to terminations. See 52.249-5000, Basis for Settlement of Proposals, and FAR Part 49.

(b) Allowable cost for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a contractor or subcontractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial and series for which the Government can determine both ownership and operating costs from the contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the contractor's accounting records, costs for that equipment shall be based upon the applicable provisions of EP 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule, Region I. Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the contracting officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations shall apply. For retroactive pricing, the schedule in effect at the time the work was performed shall apply.

(c) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36, Rental Costs. Rates for equipment rented from an organization under common control, lease-purchase arrangements, and sale-leaseback arrangements, will be determined using the schedule, except that actual rates will be used for equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees.

(d) When actual equipment costs are proposed and the total amount of the pricing action exceeds the SAT, the contracting officer shall request the contractor to submit either certified cost or pricing data, or partial/limited data, as appropriate. The data shall be submitted on Standard Form 1411, Contract Pricing Proposal Cover Sheet.

(End of Clause)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract the Contractor shall pay liquidated damages to the Government in the amount of $975.00 for each calendar day of delay until the work is completed or accepted.

00800-3

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

(End of clause)

52.228-4006 INSURANCE (Jul 2005)

A. The Contractor shall, at his own expense, procure and maintain during the entire performance period of this contract, insurance of at least the kinds and minimum amounts set forth below:

Type Bodily Injury Amount Property Damage Comprehensive General $500,000 Per Occurrence $100,000 Liability

Automobile Liability $200,000 Each Person -- $500,000 Per Occurrence $ 20,000

Workmen’s Compensation $100,000 (PA) or And Employer’s Liability as Legally Required by the State (NY)

B. Prior to the commencement of work hereunder, the Contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interest of the Government in such insurance shall not be effective for such period as may be prescribed by the laws of the State in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the Contracting Officer.

C. The Contractor shall also require all first tier subcontractors who will perform work on a

Government installation to procure and maintain the insurance required as stated above during the performance of this contract. The Contractor shall furnish a current Certificate of Insurance, for each first tier subcontractor, to the Contracting Officer, at least five (5) days prior to entry of each such subcontractor's personnel to the Government installation.

52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor’s information.

The Government shall not be responsible for any interpretation of, or conclusion drawn from the data or information by the Contractor.

00800-4

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by surveys and soundings.

(b) Weather Conditions. See paragraph entitled “TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER” of Section 35 20 23, “MAINTENANCE DREDGING.”

(c) Transportation Facilities. The location is served by railroads and major highways.

The Contractor shall investigate and obtain the necessary information and data regarding the availability and use of access roads, dock facilities, highways and railroad facilities to the site of the work. The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary permits to operate on or cross public highways and roads and railroads in connection with the prosecution of the contract work. See the Contract Clause (Section 00700) entitled “Permits and Responsibilities”.

(d) Lake Levels. Data and forecasts are available through the publication, "Monthly Bulletin of Lake Levels" by the Department of the Army, Detroit District, Corps of Engineers, ATTN: CELRE-EP-HW, P.O. Box 1027, Detroit, MI 48231-1027.

252.236-7000 MODIFICATION PROPOSALS – PRICE BREAKDOWN (DEC 1991)

(a) The Contractor shall furnish a price breakdown, itemized as required and within the time specified by the Contracting Officer, with any proposal for a contract modification.

(b) The price breakdown –

(1) must include sufficient detail to permit an analysis of profit, and of all costs for –

(i) material;

(ii) labor;

(iii) equipment;

(iv) subcontracts; and

(v) overhead

(2) must cover all work involved in the modification, whether the work was deleted, added, or changed.

00800-5

(c) The Contractor shall provide similar price breakdowns to support any amounts claimed for subcontracts.

(d) The Contractor’s proposal shall include a justification for any time extension proposed.

252.236-7001 CONTRACT DRAWINGS, MAPS AND SPECIFICATIONS (AUG

2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall--

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from drawings or specifications or the mis-description of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or mis-described details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the correct drawings identified in Section 00 01 15, “LIST OF DRAWINGS”.

00800-6

(End of Clause)

252.236-7004 PAYMENT FOR MOBILIZATION AND DEMOBILIZATION (DEC

1991)

(a) The Government will pay all costs for the mobilization and demobilization of all of the Contractor’s plant and equipment at the contract job price for this item.

(1) Sixty (60%) percent of the job price upon completion of the Contractor’s mobilization at the work site.

(2) The remaining forty (40%) percent upon completion of demobilization.

(b) The Contracting Officer may require the Contractor to furnish cost data to justify this portion of the bid if the Contracting Officer believes that the percentages in paragraphs (a)(1) and (2) of this clause do not bear a reasonable relation to the cost of the work in this contract.

(1) Failure to justify such price to the satisfaction of the Contracting Officer will result in payment, as determined by the Contracting Officer, of—

(i) Actual mobilization costs at completion of mobilization;

(ii) Actual demobilization costs at completion of demobilization; and

(iii) The remainder of this item in the final payment under this contract.

(2) The Contracting Officer’s determination of the actual costs in paragraph

(b)(1)of this clause is not subject to appeal.

SUSPICIOUS ACTIVITY REPORTING TRAINING - The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

PRE-SCREEN CANDIDATES USING E-VERIFY PROGRAM - The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet

00800-7 the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative.

This Form will be provided to the Contracting Officer and shall become part of the official contract file.

(End of Section)