Am0001.pdf

ED 8 5

8 MAY 9

40 US Army Corps of Engineers, Old River Lock, Gantry Crane Replacement, Pointe Coupee Parish, Louisiana (ED-18-075) site Visit will be held at 10:00 a.m. on 16 May 2019 not 15 May 2019 at Old River Lock, 21412 Hwy 15, Lettsworth, LA 70753. The bid opening date remain unchanged on June 6, 2019 on

1 May

X

Wage Rate W912P819B0007 CY2019 Wage Rate Determination

General Decision Number: LA190007 01/04/2019 LA7

Superseded General Decision Number: LA20180011

State: Louisiana

Construction Type: Heavy Dredging

Counties: Louisiana Statewide.

DREDGING PROJECTS ALONG THE GULF COAST AREA INCLUDING THE

MISSISSIPPI RIVER AND ITS TRIBUTARIES TO THE OHIO RIVER

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.60 for calendar year 2019 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015.

If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/04/2019

* SULA1994-001 04/01/1994

Rates Fringes

Derrick Operator.................$ 7.25

Dozer Operator...................$ 7.25

Dredge 16" and Over Deckhand....................$ 7.25 Dredge tender operator......$ 7.25 Fireman.....................$ 7.25 First assistant engineer....$ 7.25 Leverman....................$ 7.25 Oiler.......................$ 7.25 Second assistant engineer...$ 7.25 Shoreman....................$ 7.25 Third assistant engineer....$ 7.25 Truck driver................$ 7.25 Welder......................$ 7.25

Dredge Under 16" Deckhand....................$ 7.25 Dredge tender operator......$ 7.25 Leverman....................$ 7.25 Oiler.......................$ 7.25 Welder......................$ 7.25

Hydraulic Dredging First cook..................$ 7.25 Handyman....................$ 7.25 Janitor, cabin person.......$ 7.25 Second cook.................$ 7.25

Marsh Buggy Dragline, Oiler......$ 7.25

Marsh Buggy Dragline, Operator...$ 7.25

Self-Propelled Hopper Dredge, Drag Tender......................$ 9.70 3.45+a

FOOTNOTE: Fourteen paid vacation days and eight paid holidays: New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day & Christmas Day provided the employee has one year of service.

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

Mississippi River Southwest Pass Hopper Rental Contract 7-2019 OM19007

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00010

BID SCHEDULE

PART 1 GENERAL

1.1 BIDDING SCHEDULES

1.2 BID FORM NOTES

1.3 BIDDING

1.4 EVALUATION OF BIDS

1.5 CONDITIONS OF CONTRACT AWARD

1.6 BIDDER QUALIFICATIONS

1.7 PRE-AWARD INSPECTION OF PLANT

1.8 OPTION ITEMS

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section Table of Contents --

SECTION 00010 Page 1

SECTION 00010

BID SCHEDULE

PART 1 GENERAL

1.1 BIDDING SCHEDULES

SECTION 00010 - BIDDING SCHEDULE

MISSISSIPPI RIVER, BATON ROUGE TO GULF OF MEXICO, SOUTHWEST PASS

HOPPER DREDGE RENTAL CONTRACT NO. 7-2019

PLAQUEMINES PARISH, LOUISIANA

SOLICITATION NO. W912P819B0007

LOT ONE, 38 inch Inside Diameter (ID) Pump Suction, 12,430 cubic yard Nominal Hopper Capacity, Two Dragarms and all attendant plant

Bid Item

Description Estimated Quantity

Unit Unit Price

Total Price

0001 Mobilization & Demobilization of hopper dredge and all attendant plant.

1 Job

0002 Dredging - Rental of a trailing type hopper dredge.

713 Hour

Option

Option Dredging - Same plant listed in Item No. 0002 of this bid lot.

713 Hour XXXXXXXX

Total: LOT ONE BID

SECTION 00010 Page 2

SECTION 00010 - BIDDING SCHEDULE

MISSISSIPPI RIVER, BATON ROUGE TO GULF OF MEXICO, SOUTHWEST PASS

HOPPER DREDGE RENTAL CONTRACT NO. 7-2019

PLAQUEMINES PARISH, LOUISIANA

SOLICITATION NO. W912P819B0007

LOT TWO, 33.5 inch Inside Diameter (ID) Pump Suction, 9,400 cubic yard Nominal Hopper Capacity, Two Dragarms and all attendant plant

Bid Item

Description Estimated Quantity

Unit Unit Price

Total Price

0001 Mobilization & Demobilization of hopper dredge and all attendant plant.

1 Job

0002 Dredging - Rental of a trailing type hopper dredge.

940 Hour

Option

Option Dredging - Same plant listed in Item No. 0002 of this bid lot.

940 Hour XXXXXXXX

Total: LOT TWO BID

SECTION 00010 Page 3

MISSISSIPPI RIVER, BATON ROUGE TO GULF OF MEXICO, SOUTHWEST PASS

HOPPER DREDGE RENTAL CONTRACT NO. 7-2019

PLAQUEMINES PARISH, LOUISIANA

SOLICITATION NO. W912P819B0007

LOT THREE, 33.5 inch Inside Diameter (ID) Pump Suction, 6,300 cubic yard Nominal Hopper Capacity, Two Dragarms and all attendant plant

Bid Item

Description Estimated Quantity

Unit Unit Price

Total Price

0001 Mobilization & Demobilization of hopper dredge and all attendant plant.

1 Job

0002 Dredging - Rental of a trailing type hopper dredge.

1149 Hour

Option

Option Dredging - Same plant listed in Item No. 0002 of this bid lot.

1149 Hour XXXXXXXX

Total: LOT THREE BID

SECTION 00010 Page 4

MISSISSIPPI RIVER, BATON ROUGE TO GULF OF MEXICO, SOUTHWEST PASS

HOPPER DREDGE RENTAL CONTRACT NO. 7-2019

PLAQUEMINES PARISH, LOUISIANA

SOLICITATION NO. W912P819B0007

LOT FOUR, 31.5 inch Inside Diameter (ID) Pump Suction, 6,540 cubic yard Nominal Hopper Capacity, Two Dragarms and all attendant plant

Bid Item

Description Estimated Quantity

Unit Unit Price

Total Price

0001 Mobilization & Demobilization of hopper dredge and all attendant plant.

1 Job

0002 Dredging - Rental of a trailing type hopper dredge.

1287 Hour

Option

Option Dredging - Same plant listed in Item No. 0002 of this bid lot.

1287 Hour XXXXXXXX

Total: LOT FOUR BID

SECTION 00010 Page 5

MISSISSIPPI RIVER, BATON ROUGE TO GULF OF MEXICO, SOUTHWEST PASS

HOPPER DREDGE RENTAL CONTRACT NO. 7-2019

PLAQUEMINES PARISH, LOUISIANA

SOLICITATION NO. W912P819B0007

LOT FIVE, 30 inch Inside Diameter (ID) Pump Suction, 4,815 cubic yard Nominal Hopper Capacity, Two Dragarms and all attendant plant

Bid Item

Description Estimated Quantity

Unit Unit Price

Total Price

0001 Mobilization & Demobilization of hopper dredge and all attendant plant.

1 Job

0002 Dredging - Rental of a trailing type hopper dredge.

1321 Hour

Option

Option Dredging - Same plant listed in Item No. 0002 of this bid lot.

1321 Hour XXXXXXXX

Total: LOT FIVE BID

SECTION 00010 Page 6

MISSISSIPPI RIVER, BATON ROUGE TO GULF OF MEXICO, SOUTHWEST PASS

HOPPER DREDGE RENTAL CONTRACT NO. 7-2019

PLAQUEMINES PARISH, LOUISIANA

SOLICITATION NO. W912P819B0007

LOT SIX, 28 inch Inside Diameter (ID) Pump Suction, 4,000 cubic yard Nominal Hopper Capacity, Two Dragarms and all attendant plant

Bid Item

Description Estimated Quantity

Unit Unit Price

Total Price

0001 Mobilization & Demobilization of hopper dredge and all attendant plant.

1 Job

0002 Dredging - Rental of a trailing type hopper dredge.

1419 Hour

Option

Option Dredging - Same plant listed in Item No. 0002 of this bid lot.

1419 Hour XXXXXXXX

Total: LOT SIX BID

SECTION 00010 Page 7

MISSISSIPPI RIVER, BATON ROUGE TO GULF OF MEXICO, SOUTHWEST PASS

HOPPER DREDGE RENTAL CONTRACT NO. 7-2019

PLAQUEMINES PARISH, LOUISIANA

SOLICITATION NO. W912P819B0007

LOT SEVEN, 27 inch Inside Diameter (ID) Pump Suction, 3,600 cubic yard Nominal Hopper Capacity, Two Dragarms and all attendant plant

Bid Item

Description Estimated Quantity

Unit Unit Price

Total Price

0001 Mobilization & Demobilization of hopper dredge and all attendant plant.

1 Job

0002 Dredging - Rental of a trailing type hopper dredge.

1601 Hour

Option

Option Dredging - Same plant listed in Item No. 0002 of this bid lot.

1601 Hour XXXXXXXX

Total: LOT SEVEN BID

SECTION 00010 Page 8

MISSISSIPPI RIVER, BATON ROUGE TO GULF OF MEXICO, SOUTHWEST PASS

HOPPER DREDGE RENTAL CONTRACT NO. 7-2019

PLAQUEMINES PARISH, LOUISIANA

SOLICITATION NO. W912P819B0007

LOT EIGHT, 26 inch Inside Diameter (ID) Pump Suction, 4,000 cubic yard Nominal Hopper Capacity, Two Dragarms and all attendant plant

Bid Item

Description Estimated Quantity

Unit Unit Price

Total Price

0001 Mobilization & Demobilization of hopper dredge and all attendant plant.

1 Job

0002 Dredging - Rental of a trailing type hopper dredge.

1762 Hour

Option

Option Dredging - Same plant listed in Item No. 0002 of this bid lot.

1762 Hour XXXXXXXX

Total: LOT EIGHT BID

SECTION 00010 Page 9

MISSISSIPPI RIVER, BATON ROUGE TO GULF OF MEXICO, SOUTHWEST PASS

HOPPER DREDGE RENTAL CONTRACT NO. 7-2019

PLAQUEMINES PARISH, LOUISIANA

SOLICITATION NO. W912P819B0007

LOT NINE, 27 inch Inside Diameter (ID) Pump Suction, 3,700 cubic yard Nominal Hopper Capacity, Two Dragarms and all attendant plant

Bid Item

Description Estimated Quantity

Unit Unit Price

Total Price

0001 Mobilization & Demobilization of hopper dredge and all attendant plant.

1 Job

0002 Dredging - Rental of a trailing type hopper dredge.

1844 Hour

Option

Option Dredging - Same plant listed in Item No. 0002 of this bid lot.

1844 Hour XXXXXXXX

Total: LOT NINE BID

SECTION 00010 Page 10

1.2 BID FORM NOTES

a. Bidders shall bid on all items including optional items. Failure to bid on all items will result in a non-responsive bid.

b. Bidders shall use the Item Number 0002 unit price to compute Item Number 0003 total price.

c. Any bid may be rejected if the Contracting Officer or his/her authorized representative determines in writing that it is unreasonable as to price. Unreasonableness of price includes not only the total price of the bid, but the prices for individual line items as well.

Any bid may be rejected if the prices for any line items or subline items are materially unbalanced (see "Rejection of Individual Bids" FAR 14.404-2).

d. The Notice to Proceed (NTP): The successful bidder is advised that performance and payment bonds shall be submitted in accordance with the time frame in block 12B of SF 1442 after Notice of Award. The NTP will be issued after verification of acceptable performance and payment bonds. Within 48 hours after issuance of NTP, the Contractor shall initiate a meeting to discuss the submittal process with the Administrative Contracting Officer or his authorized representative.

Physical work cannot start until the Quality Control System is set-up, the Accident Prevention Program and other required submittals have been submitted and approved, and all preliminary meetings called for under the contract have been conducted.

e. RAPID VENDOR PAYMENT: See the following web based instructions for the submission of invoices:

http://www.mvn.usace.army.mil/BusinessWithUs/Contracting/RapidVendorPayment.aspx

f. The unit "job" is a one-time payment for work performed. "Job" is synonymous with the previously used term "lump sum".

1.3 BIDDING

a. The bidder must select only one bid lot, determined by the class of dredge intended to be used. Bids which are submitted on an inappropriate bid lot will be declared non-responsive.

b. Bidders shall furnish unit prices for all items listed on the schedule of bid items that require unit prices. If the bidder fails to insert a unit price in the appropriate blank for required items but does furnish an extended total or an estimated amount for such items, the Government will deem the unit price to be the quotient obtained by dividing the extended estimated amount for that line item by the quantity. IF THE BIDDER OMITS BOTH THE UNIT PRICE AND THE EXTENDED

ESTIMATED AMOUNT FOR ANY REQUIRED ITEM, THE BID WILL BE DECLARED

NON-RESPONSIVE.

1.4 EVALUATION OF BIDS

a. To provide fair competition between dredges of different production rate and capacity, the required dredging quantities and any optional dredging quantities are based on an estimated quantity of shoal material and on the tested production rate of each dredge class.

SECTION 00010 Page 11

b. Award will be made to that responsible Bidder presenting the lowest-priced responsive bid in response to this solicitation, regardless of the bid lot used.

c. The hourly quantity shown on the bid lots for Bid Items designated as "Dredging" are 100% pay time hours. The actual calendar duration of the contract may vary as a result of fractional pay time. Refer to Section 35 20 23.23, paragraph entitled "Dredging and Option Dredging Items" for additional information.

1.5 CONDITIONS OF CONTRACT AWARD

a. Award will be made as a whole to one bidder. The dredge and attendant plant offered in the bidding schedule shall be complete with full operating personnel and in operating status for the contract period. EM 385-1-1, Section 19, "Floating Plant and Marine Activities" shall be complied with at all times. NOTE: All work under these specifications shall be performed in accordance with the provisions of EM 385-1-1 "Army Corps or Engineers Safety and Health Requirements Manual", latest edition.

b. The Government may award the contract at the total bid price, comprised of the base items and option item(s); however, the Government will not be obligated to exercise any option item(s).

c. The number of rental time hours for each bid lot of the bidding schedule are estimated quantities. The dredge and attendant plant will be retained for an approximate number of days according to the table below starting no later than 1 April 2019.

SECTION 00010 Page 12

APPROXIMATE HOPPER DREDGE

CONTRACT DURATION

(BASE PLUS OPTION)

Bid Lot Pump Inside Dia. (inches)

Hopper Size (Cubic Yards)

Number of Dragarms

Approximate Number of Rental Days

1 38 12430 2 105

2 33.5 9400 2 126

3 33.5 6300 2 145

4 31.5 6540 2 158

5 30 4815 2 161

6 28 4000 2 170

7 27 3600 2 187

8 26 4000 2 202

9 27 3700 2 209

d. The bidder must be capable of providing for assignment of the dredge and all attendant plant, complete and in full operating condition in all respects, no later than 1 April 2019.

1.6 BIDDER QUALIFICATIONS

a. Before the Government will award a contract based on this solicitation, the apparent low bidder shall establish that it is responsible and entitled to award of the contract, by certifying that its dredge meets the appropriate production rate, as listed in the table of Section 35 20 23.23, paragraph entitled "Dredge Plant". The dredge must perform at or above the listed production rate at least 85% of the time, as established by other contracts completed within three years prior to the bid opening date of this solicitation. Failure to establish an adequate capability will result in a finding of non-responsibility.

b. A bidder may be rejected as non-responsible if it cannot show the necessary capital, experience, or equipment needed to perform the work described under this solicitation (see "Responsible Prospective Contractors" FAR 9.1). The bidder must also show that the dredge and attendant plant is not already obligated for the performance of other work that would delay commencement, performance, and completion of the solicited work; and must show that delivery of the dredge and attendant plant to the site of work can be made within the time allowed in the specifications.

c. Bidders must register in the System for Award Management (SAM) database in accordance with FAR 52.204-7 and DFARS 252.204-7004 Alt A.

SECTION 00010 Page 13

1.7 PRE-AWARD INSPECTION OF PLANT

a. The apparent low bidder shall make the dredge and attendant plant available for inspection, to determine compliance with these specifications, as soon as practicable after bids are opened and prior to contract award. If deficiencies are found during the inspection, the bidder will be notified in writing, which may be transmitted by email or facsimile. Upon receipt of such notice, the bidder shall correct all deficiencies at least two calendar days in advance of the projected contract award date.

b. Two calendar days before the projected award date or upon notification by the bidder that the deficiencies have been corrected, a Government representative will re-inspect the dredge and attendant plant. If at that time the dredge and attendant plant do not meet the requirements of these specifications, the bidder will be rejected as non-responsible.

c. The Government may choose to waive the pre-award inspection if the projected contract award date is less than five calendar days after the bid opening date. Waiver of the pre-award inspection does not relieve the bidder from the requirement to provide a dredge and attendant plant in full compliance with the specifications.

1.8 OPTION ITEMS

a. The Government may require the delivery of, in whole or part, any Option Items. The Government may exercise an Option Item by written notice to the Contractor. If the Government activates the Option Item, the activation will occur while the Contractor's equipment is in the work vicinity as described in the applicable Dredging Region Section(s). If "Option Dredging" Item work is exercised, it shall be performed as a continuance of "Dredging" Item work, which shall be activated first.

b. No additional mobilization/demobilization will be paid to the Contractor for Option Item work performed within the work region. The Contractor shall commence performance of optional work no more than 3 calendar days after the time the Contractor receives the Government's Notice to Proceed with the optional work.

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section --

SECTION 00010 Page 14

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00800

SUPPLEMENTARY CONDITIONS

PART 1 GENERAL

1.1 SCOPE

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION

3.1 DELIVERY OF PLANT

3.2 PROSECUTION, OPTION AND COMPLETION

3.3 CONTRACTOR PERFORMANCE EVALUATIONS - CONSTRUCTION

3.4 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (UAI

5152.231-9000 - MAR 1995)

3.5 VETERANS EMPLOYMENT EMPHASIS FOR U.S. ARMY CORPS OF ENGINEERS

CONTRACTS (UAI 5122.1302-100)

-- End of Section Table of Contents --

SECTION 00800 Page 1

SECTION 00800

SUPPLEMENTARY CONDITIONS

PART 1 GENERAL

1.1 SCOPE

This section includes supplements to the Federal Acquisition Regulations (FAR) requirements. Also included are applicable Department of Defense supplements (DFARS) and USACE Acquisition Instruction (UAI) to the FAR.

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION

3.1 DELIVERY OF PLANT

a. Delivery of the dredge and attendant plant shall be completed no later than 1 April 2019. For bidding purposes, the delivery site will be the Mississippi River, Head of Passes, mile 0.0; however, the starting assignment for the dredge may require initial mobilization to any location within the primary or secondary dredging region, for which an equitable adjustment will be made for any additional costs under the contract clause entitled "Changes" (FAR 52.243-4). Upon arrival of the dredge and all of the attendant plant at the delivery site, the plant may be inspected by Government personnel to determine whether any deficiencies have developed since the time the plant was brought into compliance pursuant to the pre-award inspection. The Contractor will be notified of acceptance or rejection of the plant. If accepted, the dredge will be given an assignment immediately.

b. The Contracting Officer may waive the requirement for the Pre-award Inspection of Plant listed in the Bid Form Notes. Such waiver does not affect the inspection of the plant upon delivery.

3.2 PROSECUTION, OPTION AND COMPLETION

a. The estimated completion time of the contract will initially be determined as the date and time obtained by adding the hours in "Dredging" Payment Item to the date and time that the Contractor began start of pay time hours. During the course of work, the completion time may change as a result of fractional pay time (refer to Section 35 20 23.23, paragraph entitled "Dredging and Option Dredging Items") or award of option hours or any portion thereof. The contract will be considered complete when the time runs out at the designated dumpsite when the last load is dumped.

b. This contract shall extend for an approximate duration as stated in the table listed in Section 00010, paragraph entitled "Conditions of Contract Award". If all necessary work is completed prior to the approximate duration completion time, the Government will release the dredge and declare the contract complete.

c. Upon completion of the contract, the dredge and attendant plant will be released to the Contractor at the location of the last

SECTION 00800 Page 2 assignment. It should be noted that the location of the last assignment could be either in a primary or secondary dredging region as specified in Section 35 20 23.23, paragraph entitled "Primary Dredging Region" or Section 35 20 23.23, paragraph entitled "Secondary Dredging Regions". All cost of final demobilization will be paid as stated in Section 35 20 23.23, paragraph entitled "Measurement and Payment". No other payment will be made.

d. If the Contracting Officer so notifies the Contractor of the Government's intent to exercise the option, in whole or part, the Contractor shall continue work on that part of the option rental hours specified by the Contracting Officer at the option unit price specified in the bidding schedule, subject to the provisions of Section 35 20 23.23, paragraph entitled "Dredging and Option Dredging Items".

Any exercise of the option in part does not obligate the Government to the full extent of the option.

3.3 CONTRACTOR PERFORMANCE EVALUATIONS - CONSTRUCTION

In accordance with the provisions of Subpart 36.201/42.1502(e)(Evaluation of Contractor Performance) of the Federal Acquisition Regulation (FAR), construction contractor's performance shall be evaluated throughout the performance of the contract. The United States Army Corps of Engineers (USACE) follows the procedures outlined in Engineering Regulation 415-1-17 to fulfill this FAR requirement. For construction contracts awarded at or above $700,000.00, the USACE will evaluate contractor's performance and prepare a performance report using the Contractor Performance Assessment Reporting System (CPARS), which is now a web-based system. After an evaluation (interim or final) is written up by the USACE, the Contractor will have the ability to access, review and comment on the evaluation for a period of 30 days. Accessing and using CPARS requires specific software, called PKI certification, which is installed on the user's computer. The certification is a Department of Defense requirement and was implemented to provide security in electronic transactions. The certification software could cost approximately $110 - $125 per certificate per year and is purchased from an External Certificate Authorities (ECA) vendor. Current information about the PKI certification process and for contacting vendors can be found on the web site: www.cpars.gov. If the Contractor wishes to participate in the performance evaluation process, access to CPARS and PKI certification is the sole responsibility of the Contractor.

3.4 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (UAI 5152.231-9000 -

MAR 1995)

a. This clause does not apply to terminations. See UAI 5152.249-9000, "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 III. Working conditions shall be considered to be average for determining equipment rates using the

SECTION 00800 Page 3 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. 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 small purchase threshold, 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 special contract requirement)

Note 1: Costs for repairs or overhauling are not allowed.

Note 2: A copy of the "EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE" can be obtained from the following website:

www.publications.usace.army.mil/Portals/76/Publications/EngineerPamphlets/ EP_1110-1-8_Vol_03.pdf .

3.5 VETERANS EMPLOYMENT EMPHASIS FOR U.S. ARMY CORPS OF ENGINEERS CONTRACTS

(UAI 5122.1302-100)

In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS

222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

U.S. Department of Labor Veterans employment: www.vets.gov/

Federal Veteran Employment Information: www.fedshirevets.gov/index.aspx

Veterans’ Employment and Training Service (VETS): http://www.dol.gov/vets/

Veterans Opportunity to Work (VOW) Program: http://benefits.va.gov/vow/

U.S. Army Warrior Transition Command Employment Index:

wtc.army.mil/modules/employers/index.html

Hiring Our Heroes Initiative: www.uschamberfoundation.org/hiring-our-heroes

Guide to Hiring Veterans:

SECTION 00800 Page 4 https://www.ebenefits.va.gov/ebenefits-portal/downloads/veterans-hiring-guide-2014.pdf (End of special contract requirement)

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