FINAL_AMD_0001_W912P619B0016.pdf

W81G6691205400

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

Subject: Solicitation No. W912P619B0016, "CONSTRUCTION SERVICES, FORT SHERIDAN, ILLINOIS (Chicago District Project)"

THE BID OPENING DATE AND TIME REMAINS UNCHANGED BY THIS AMENDMENT. THEREFORE, BIDS ARE DUE PRIOR TO 11:00 A.M.

(Central Time) on 19 SEPTEMBER 2019. Detailed information regarding the submission of bids is located at Section 00 22 13 of the Solicitation document – See “IMPORTANT BID NOTES.”

-- THIS AMENDMENT CONTINUES ON THE FOLLOWING PAGES –

1. CONTRACT ID CODE PAGE OF PAGES

1 6

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

16C. DATE SIGNED

BY 13-Sep-2019

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 W912P619B0016

X 9B. DATED (SEE ITEM 11)

19-Aug-2019

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 1 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

13-Sep-2019

CODE

U.S. ARMY ENGINEER DISTRICT, CHICAGO

231 SOUTH LASALLE STREET SUITE 1500

CHICAGO IL 60604-1437

W912P6 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912P619B0016

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

SUMMARY OF CHANGES

FOR THE PURPOSES OF THIS AMENDMENT, THE FOLLOWING IS APPLICABLE:

A. USACE RESPONSES TO INQUIRIES: By this Amendment, the USACE-Chicago District responds to Contractor’s Inquiries as follows:

QUESTION #1 – “Please confirm that all proposed work, Base plus awarded options, will be placed in the 2020 season, and monitored for the subsequent years.”

USACE RESPONSE TO QUESTION #1 - Correct. All work will be placed in the 2020 season, and the following contract years will be for monitoring in accordance with Specification Section 35 35

20.00 03.

Question #2 – “The performance criteria in the specification refers to growing seasons and is vague, subjective and could be open to a wide degree of interpretation. Should the Contractor place proposed habitats per an approved work plan and it is documented as such, any adjustments /repairs to the habitats should be reimbursable to the Contractor. Please confirm.”

USACE RESPONSE TO QUESTION #2 - The performance criteria is based off of 1) meeting the requirements of the specifications and plans sheets, and 2) the final approved work plan provided by the contractor, which will serve as the baseline for agreed upon configurations. Also refer to paragraph 3.3.4 of 35 35 20.00 03 of the Specifications, which states that "Deficiencies 'that are determined by the COR to be significant, unexpected and no fault of the Contractor would not be covered under this corrective work.".

QUESTION #3 – “The specification suggests (2) observation reports per season. Please confirm any additional reports requested by the Government will be reimbursed.”

USACE RESPONSE TO QUESTION #3 - Yes, Refer to Specification Section 35 35 20.00 03 paragraph

3.3.3 which states:

"Inspection must be performed specifically after large storm events, which must not be performed more than twice a year; coordination and approval from the COR must be garnered before the contractor inspects the structure for these purposes."

Any additional reports would be outside the scope of the contract. In such case government would request a proposal from the contractor for this work.

Question #4 – “Please provide bathymetric surveys for the habitat placement locations.”

USACE RESPONSE TO QUESTION #4 - Bathymetric data collected by JALBTCX is provided by way of this Amendment 0001 (PDF FILE ATTACHMENT 1), for the project area in the attached map. The

Corps makes no claim to these datasets providing an accurate representation of the current site conditions, but is providing them to assist prospective bidders.

B. BATHYMETRIC DATA: The Chicago District is providing herewith an ATTACHMENT, which includes Bathymetric data collected by JALBTCX , that is based upon the project area in the attached map. The Corps makes no claim to these datasets providing an accurate representation of the current site conditions.

C. REVISION to SOLICITATION SECTION 00 45 00 – REPRESENTATIONS AND CERTIFICATION:

The following FAR Clause delineated below, is a recently released Federal Acquisition Regulation (FAR) clause and is herein incorporated via this solicitation and resulting contract.

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019)

(a) Definitions. As used in this provision—

Covered telecommunications equipment or services, Critical technology, and Substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Representation. The Offeror represents that-- It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph

(c) of this provision, the Offeror shall provide the following information as part of the offer—

(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number;

and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(END OF CLAUSE)

D. REVISION TO SOLICITATION SECTION 00 70 00 – CONDITIONS OF THE CONTRACT: The following FAR Clause delineated below, is a recently released Federal Acquisition Regulation (FAR) clause and is herein incorporated via this solicitation and resulting contract.

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019)

(a) Definitions. As used in this clause—

Covered foreign country means The People's Republic of China. Covered telecommunications equipment or services means—

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means—

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817). Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number;

the order number(s), if applicable; supplier name; supplier unique entity identifier (if known);

supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, https://dibnet.dod.mil/ the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(END OF CLAUSE)

E. POINT OF CONTACT: Anita R. Simpkins at (312) 846-5370; email:

anita.r.simpkins@usace.army.mil.

END OF AMENDMENT NO. 0001

mailto:anita.r.simpkins@usace.army.mil

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0 0.03 0.06 0.09 0.120.015 Miles

For Official Use Only Lake County Forest Preserve FT Sheridan Phase II

Chicago District, U.S. Army Corps of Engineers

September 2019

1 inch = 242 feet Legend

Bathymetric Data (IGLD85)* Parcels

G:\Projects_LRC\Ft_Sheridan_506\MXD\Phase II\Ft Sheridan_Phase II_Contours.mxd H6TS9LCV

U.S. Army Corps Of Engineers ® Chicago District

Project Boundary

Bathymetric data collected by JALBTCX is attached. The Corps makes no claim to these datasets providing an accurate representation of the current site conditions, but is providing them to assist prospective bidders in the development of reasonably informed proposal.