A21_W912P818R0070_Am_0002.pdf

W42HEM82156346

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 above numbered solicitation for MIitigation Banking Credits, Comite River Diversion Project Mitigation Project for Bottomland Hardw ood Impacts, U.S. Army Corps of Engineers, New Orleans District, is hereby amended as follow s:

1. To reestablish a date for receipt of proposals from Monday, 24 September 2018 at 10:00 am to Thursday, 21 March 2019 at 10:00 am.

2. To establish a deadline for receipt of questions of Friday, 08 March 2019.

3. Delete the Scope of Work in its entirety and replace w ith the attached Scope of Work.

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 W912P818R0070

X 9B. DATED (SEE ITEM 11)

12-Sep-2018

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 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

27-Feb-2019

CODE

USACE, CONTRACTING DIVISION

ATTN: CEMVN-CT, ROOM 172

7400 LEAKE AVE.

NEW ORLEANS LA 70118-3651

W912P8 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

27 Feb 2019

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SUPPLIES OR SERVICES AND PRICES

CLIN 0001

The CLIN extended description has changed from:

Credits for Bottomland Hardwood equivalent to up to 250 AAHU's as determined through application of the Wetland Assessment Community (WVA) Model for Bottomland Hardwoods (Version 1.3).

There is no maximum offer, however, all offers greater than 10 credits/acres must be submitted on a cost per credit/acre basis. If an Offeror chooses to vary its price per credit/acre based on the quantity of credits/acres offered, the Offeror must provide a schedule showing the respective cost per credit/acre at each quantity level.

USACE may purchase all or any portion of the offered quantity (or quantities) of credits/acres. Additional credits/acres may be acquired subject to receipt of additional funding. If appropriate and cost-effective, USACE may choose to purchase mitigation bank credits from one or more than one bank to fulfill the compensatory mitigation requirements.

To:

representing up to 450 average annual habitat units (AAHUs) to mitigate for project related impacts.

The following have been added by reference:

52.203-12 52.212-4

The following have been modified:

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

This procurement will utilize the lowest price technically acceptable (LPTA) source selection process and may result in more than one (1) contract award.

1) Completed SF 1449, to include Name, address, telephone and fax numbers, CAGE code and DUNS number; and

2) Completed Pricing schedule including number of credits available to sell for the habitat type, price per credit, and extended total; and

3) Map showing bank location; and

4) Copy of approved Mitigation Banking Instrument; and

5) Copy of recorded perpetual conservation servitude/easement; and

6) Signed copy of the Mitigation Purchase Agreement, which would be returned fully executed if the bank(s) is selected for award; and

7) A copy of the mitigation bank’s current ledger information showing the number of credits available for sale from the U.S. Army Corps of Engineers' Regulatory In-Lieu Fee and Bank Information Tracking System (RIBITS) website.

The mitigation bank shall submit all of the above information for a proposal to be considered responsive and acceptable. Proposals omitting necessary information will be deemed non-responsive and, therefore will not be reviewed. The mitigation bank’s credit availability is subject to verification once all proposals are received.

Please be advised that Released Credits from an approved mitigation bank offered in response to this request for proposal (RFP) must satisfy the mitigation requirement of this RFP.

The term “technical” refers to non-price factors. A proposal will be evaluated for technical acceptability by reviewing the required submittals. Proposals will either be deemed “acceptable” or “unacceptable”, as per the table below.

Adjectival Rating Description

Acceptable Proposal meets the requirements of the solicitation.

Unacceptable Proposal does not meet the requirements of the solicitation.

Proposals deemed “unacceptable” will be deemed non-responsive and not considered for award. A proposal must be“acceptable” to be considered for award. The lowest priced proposal that is technically “acceptable” will be in line for award. If the bank with the lowest priced technically acceptable proposal does not have sufficient credits to meet the full need of the Government, then the Government may decide to award more than one contract; however, award will first be made to the lowest priced offer that is technically acceptable. CEMVN is not obligated to purchase a lesser quantity of credits than it requires.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

X52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

____ (ii) Alternate I (NOV 2011) of 52.219-3.

X (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved]

____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (Nov 2016) of 52.219-9.

____ (iii) Alternate II (Nov 2016) of 52.219-9.

____ (iv) Alternate III (Nov 2016) of 52.219-9.

____ (v) Alternate IV (Nov 2016) of 52.219-9.

____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

____ (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.

657f).

____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

X (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).

X (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

X (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

X (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

X (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).

____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693).

____ (38) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (39)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-14.

____ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

____ (41)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-16.

X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

____ (43) 52.223-20, Aerosols (June, 2016) (E.O. 13693).

____ (44) 52.223-21, Foams (June, 2016) (E.O. 13693).

____ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

X (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

____ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (May 2014) of 52.225-3.

____ (iii) Alternate II (May 2014) of 52.225-3.

____ (iv) Alternate III (May 2014) of 52.225-3.

____ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

____ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

X (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C. 3332).

____ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

____ (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

____ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

____ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

_____(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

_____ (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

_____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).

_____ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

_____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

_____ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xii) _____ (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O.

13627).

X (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xvii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xv)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xvi) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xvii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xviii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xix) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xx) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(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

U.S. Army Corps of Engineers, New Orleans District Attn: Charles R. Zammit Contracting Officer CEMVN-CT-W, Room172 7400 Leake Avenue New Orleans, LA 70118-3651

(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)

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):

http://farsite.hill.af.mil

(End of provision)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil

(End of clause)

The following have been deleted:

SCOPE OF WORK

52.202-1 52.203-3 52.203-12 52.204-6 52.212-3 52.212-4 52.217-3 52.222-26 52.232-23 52.246-2 252.243-7001

(End of Summary of Changes)

The following items are applicable to this modification:

AMENDMENT 0002

SCOPE OF WORK

Comite River Diversion Project Mitigation Bank Credits

Purchase for Bottomland Hardwood Impacts

Scope of Work

1. INTRODUCTION:

The U.S. Army Corps of Engineers New Orleans District (USACE) described, evaluated and updated its plan to mitigate for unavoidable impacts to wetland (wet) Bottomland Hardwood Habitat (BLH) and non-wet BLH habitat as a result of construction of the Comite River Diversion Project (Project) in Environmental Assessment #426 prepared in 2012, entitled Comite River Diversion, Supplemental Mitigation Options, East Baton Rouge Parish, Louisiana.

As part of the mitigation plan, the USACE intends to purchase BLH mitigation bank credits/acres from approved mitigation bank(s) in the Lake Pontchartrain and/or Mississippi River Basins that meet the eligibility criteria for the Project in order to mitigate for project-related impacts. The mitigation bank(s) from which credits/acres will be purchased will be selected through a solicitation/award process wherein any mitigation bank meeting the eligibility requirements and having the appropriate resource type of credits/acres may submit a proposal to sell credits/acres. The USACE may enter into one or more contracts to purchase the needed amount of mitigation credits for each habitat type. A separate contract shall be executed for each bank and for each habitat type. Award will be based on the lowest price technically acceptable offer(s) that meets the requirements of the solicitation, including submittal of all of the required documents in No. 4 below. Failure to submit any of the documents will be grounds for deeming the offeror’s proposal non-responsive, and therefore not considered for award.

2. MITIGATION REQUESTED:

The USACE desires to acquire BLH credits in the amount and type specified below:

BLH credits representing up to 450 Average Annual Habitat Units (AAHUs).

3. MITIGATION BANK ELIGIBILITY:

A mitigation bank must meet all of the following qualifications to be eligible to sell credits to satisfy the Comite River Diversion Project mitigation requirements. For the proposal to be considered responsive and technically acceptable and the offeror to be considered responsible, the mitigation bank shall:

provide the habitat type that matches the habitat type being mitigated (i.e., bottomland hardwood forest); and be approved by USACE and in full compliance with its Mitigation Banking Instrument (MBI), its other legal instruments (such as its conservation servitude and its financial assurances) and the standards set forth in 33 CFR Part 332; and be physically located within the Lake Pontchartrain or Mississippi River Basins which are coextensive with Hydrologic Unit Codes (HUCs) 08070201, 08070202, 08070203, or 08070204; and have a duly-recorded perpetual conservation servitude/easement, and have mitigation credits assessed using Version 1.0 of the Wetland Value Assessment

(WVA) Community Model available to compensate for the impacts to the particular habitat to be mitigated.

Models used for Civil Works projects are required to be certified by Headquarters USACE Model Certification Panel and comply with the certification criteria presented in EC 1105-2-412. Version

1.0 of the WVA BLH Community Model has been certified and was used to assess construction impacts. Accordingly, this model will be used to assess compensatory mitigation credit values.

To facilitate the solicitation process, the USACE New Orleans District, in conjunction with the U.S. Fish and Wildlife Service, has applied Version 1.0 of the WVA BLH Model to the approved banks in the aforementioned HUCs with available BLH credits based on information provided by the bank sponsors during the bank approval process. The Value Model results are included below:

Mitigation Bank Name

BLH-Wet Mitigation Potential

(AAHU/Acre) Ash Slough 0.33 Ash Slough Add I 0.38 Bayou Conway 0.63 Bayou Manchac Oakley 0.64 Belle Pointe 0.66 Cypress Plantation II 0.64 Gum Swamp 0.21 Jamestown I 0.61 Jamestown II 0.61 Spanish Lake I 0.37 Tunica Swamp Silos 0.45 Zachary Comite Flats I 0.67 Zachary Redwood Creek 0.59

4. SPECIAL CONDITIONS:

a) An offeror may submit a proposal to sell fewer credits than the total amount of mitigation credits sought for the habitat type.

b) The USACE may enter into one or more contracts to purchase the needed amount of mitigation credits for each habitat type. A separate contract shall be executed for each Bank.

However, the USACE is not obligated to purchase a lesser amount of mitigation bank credits than its required need.

c) In order for the USACE to acquire the credits needed to satisfy its mitigation obligations, the USACE may accept proposals from one or more offerors, resulting in the lowest cost combination that fulfills the mitigation requirements and is the best value to the Government, as determined by the USACE. Award will be based on the lowest price technically acceptable source selection process.

All offers must be submitted as a cost per credit/acre basis. If an Offeror chooses to vary its price per credit/acre based on the quantity of credits/acres offered, the Offeror must provide a schedule showing the respective cost per credit/acre at each quantity level. The USACE may purchase all or any portion of the offered quantity (or quantities) of credits/acres. If appropriate and cost-effective, USACE may choose to purchase mitigation bank credits from one or more than one bank to fulfill the compensatory mitigation requirements; however the USACE is not obligated to purchase less than its required mitigation needs.

5. SUBMITTALS:

All interested mitigation banks that meet the above eligibility requirements are invited to submit a proposal consisting of appropriate documentation demonstrating eligibility and must include the following:

1) Completed SF 1449, to include Name, address, telephone and fax numbers, CAGE code and DUNS number; and

2) Completed Pricing schedule including number of credits/acres offered to sell for the habitat, price per credit/acre and the extended total; and

3) Map showing bank location; and

4) Copy of approved Mitigation Banking Instrument; and

5) Copy of recorded perpetual conservation servitude/easement; and

6) A copy of the mitigation bank’s current ledger information showing the number of credits available for sale from the U.S. Army Corps of Engineers’ Regulatory In Lieu Fee and Bank Information Tracking System (RIBITS) website; and

7) A signed copy of the Mitigation Purchase Agreement (attached), which will be returned fully executed if the Bank(s) is selected for award.

The mitigation bank shall submit all of the above information for a proposal to be considered responsive and technically acceptable. Proposals omitting the required submittals will be deemed non-responsive and therefore will not be considered for award. The mitigation bank’s credit/acre availability is subject to verification once all proposals are received. Please be advised that

Released Credits from an approved mitigation bank offered in response to this solicitation must satisfy the mitigation requirements of this solicitation.

6. NOTICE TO OFFERORS:

In delivery of hand-carried offers, offerors are cautioned to allow sufficient time for delays which may be encountered as a result of frequent trains which are subject to block all access roads to place of bid opening for various lengths of time. Such delays DO NO permit acceptance or consideration of late offers.

NOTE: (FAR 52.204-7) Prospective offerors shall be registered in the Department of Defense System for Award Management (SAM) database before you submit an offer or proposal. If your company is not registered in SAM you may do so by going to: http://www.sam.gov. You may be required to provide your company’s Dun and Bradstreet (D&B) number. If you don’t have a D&B number, one can be obtained by calling Dun and Bradstreet at (800) 333-0505

7. DELIVERABLE:

A signed letter from the Bank, releasing credits/acres from the Mitigation Bank to the USACE within ten (10) days after contract award and return of the fully executed Mitigation Purchase Agreement.

DELIVERY INFORMATION

Charles R. Zammit Contracting Division Room 172 7400 Leake Ave.

New Orleans, LA 70118

Requests for additional information as well as any questions pertaining to this solicitation shall be submitted in writing via email to Edith M. Brandon (edith.m.brandon@usace.army.mil) and Charles Zammit (charles.r.zammit@usace.army.mil) before the deadline of 10:00 am CDT, 08 March 2019. Any questions submitted after the deadline will NOT be answered.

MITIGATION PURCHASE AGREEMENT

BY AND BETWEEN

[INSERT BANK SPONSOR’S COMPANY NAME]

AND

THE UNITED STATES ARMY CORPS OF ENGINEERS

THIS AGREEMENT is entered this [INSERT] day of [INSERT] 2019, by and between [Bank

Sponsor’s name] (“Sponsor”), whose mailing address is [INSERT] and the United States Army

Corps of Engineers, New Orleans District, whose mailing address is 7400 Leake Avenue, New

Orleans, Louisiana 70118 (“USACE”).

WHEREAS, Sponsor owns and operates the [INSERT] Mitigation Bank (the “Bank”), which is approved by USACE to provide compensatory mitigation for authorized wetland impacts.

WHEREAS, the operation of the Bank and the obligations of the Sponsor are governed by the

Mitigation Banking Instrument (“MBI”) [OR INSERT other name of instrument] signed by

Sponsor and the USACE, whereby the Sponsor has agreed to perform all necessary work to create, enhance, rehabilitate and/or restore wetland functions and to maintain and to monitor wetland habitats in accordance with the specific requirements of the MBI [or INSERT other name of instrument].

WHEREAS, the Bank is located in [INSERT] Parish, as more particularly described in the MBI.

The property occupied by the Bank is burdened with a duly-recorded perpetual conservation servitude, which protects its natural values.

WHEREAS, USACE desires to purchase mitigation bank credits in order to satisfy its obligation to compensate for unavoidable impacts to Bottomland Hardwood (BLH) habitats caused by the construction of the Comite River Diversion Project as set forth in Solicitation No. W912P8-18-R-

0070.

THEREFORE, for and in consideration of the promises and the payment set forth herein, Sponsor and the USACE agree to the following terms and conditions:

1. Sponsor agrees to satisfy the obligation incurred by the USACE as a result of the construction of the above-referenced project to compensate for unavoidable impacts to [INSERT] AAHUs of

Bottomland Hardwood habitat.

2. Sponsor will satisfy USACE’s compensatory mitigation obligation by mitigating [INSERT] acres of Bottomland Hardwood habitat [if appropriate, include location] in accordance with the requirements, conditions and performance standards set forth in the MBI.

3. The USACE agrees to pay Sponsor a non-refundable payment of $[INSERT] to purchase mitigation credits from the Bank, which sum will be paid by electronic funds transfer.

4. Upon receipt of this sum, Sponsor accepts and assumes all responsibility for the mitigation of [INSERT] acres of Bottomland Hardwood habitat in accordance with all requirements of the MBI. Sponsor specifically accepts and assumes the responsibility to achieve mitigation success for this acreage and to monitor and to report mitigation performance in accordance with the requirements of the MBI.

5. This Agreement does not grant the USACE any rights to any monies generated by the Bank and it does not grant the USACE any ownership interest in the Bank or any ownership interest in the immovable property occupied by the Bank.

6. This Agreement constitutes the entire agreement between Sponsor and the USACE and it may not be changed, amended or modified except in writing and signed by both parties.

7. This Agreement shall be governed by and construed under the laws of the United States and shall be binding upon and inure to the benefit of the successors and assigns of both parties.

IN WITNESS THEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers.

AGREED AND ACCEPTED, this __________ day of ______________, 2019.

For: [INSERT SPONSOR NAME]

By: [PRINT REPRESENTATIVE NAME AND TITLE]

Signed:

AGREED AND ACCEPTED, this __________ day of ______________, 2019.

For USACE:

Michael N. Clancy

Colonel U.S. Army

District Engineer