Amendment 0001_(SAM)_08-07-24.pdf

ED 20-060

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 subject solicitation for Calcasieu River and Pass, LA, Channelside Stone Foreshore Protection, Confined Disposal Facilities 7, 10, & 11, Calcasieu Parish, Louisiana (ED 20-060) is hereby amended as follow s:

1) Provides updated contract clauses, plans, and specifications as noted on the follow ing continuation pages.

2) Provides updated Davis Bacon Act w age determination rates for LA20240002, Modification #3.

3) Establishes a bid submission deadline of 27 August 2024, 10:00AM, local time, as w ell as the virtual bid opening date and time of 27 August 2024, 1:00PM, local time. Call-in information provided on the attached continuation pages.

4) Establishes a Q&A period deadline of August 16, 2024, by 11:00am (local time).

1. CONTRACT ID CODE PAGE OF PAGES

1 105

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

16C. DATE SIGNED

BY 07-Aug-2024

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 W912P822B0051

X 9B. DATED (SEE ITEM 11)

15-Aug-2022

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 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

07-Aug-2024

CODE

CONTRACTING DIV- CHIEF

7400 LEAKE AVENUE, ROOM 172

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:

GENERAL

Pages 5 and 6/253, delete these pages in their entirety and replace with the attached revised page 5/253, therefore

Page 10/253, Delete the PROJECT TABLE OF CONTENTS in its entirety and replace with attached revised PROJECT TABLE OF CONTENTS, therefore

STANDARD FORM 1442

Page 7/253, Standard Form 1442, block 11. Change “195 calendar days” to “185 calendar days”.

SECTION 00010

Pages 1, 2, and 3. Delete these pages in their entirety and substitute the attached revised pages 1, 2, and 3, therefore

SECTION 00700

1. Page 31/253, clause 52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION. Delete this clause in its entirety and substitute the following therefore:

“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 $4,195.00 for each calendar day of delay until the work is completed or accepted.

(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)

2. Page 53/253, clause 252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS subclause (e). Delete this subclause in its entirety and substitute the following therefore:

“(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

Title File Drawing No.

Calcasieu River and Pass, LA 16-48553 G-01 thru G-03

Channelside Stone Foreshore Protection C-01 thru C-13 Confined Disposal Facilities 7, 10, & 11 B-01 thru B-14 Calcasieu Parish, LA”

Page 56/253, UAI 5152.231-9000 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE. Delete this provision in its entirety.

Page 58/253, clauses EVALUATION OF SUBLINE ITEMS and VARIATIONS IN ESTIMATED QUANTITIES - SUBLINE ITEMS. Delete these clauses in their entirety.

Pages 59 – 65/253, DAVIS BACON WAGE RATES. Delete these Wage Rates in their entirety and substitute the attached revised DAVIS BACON WAGE RATES therefore.

SECTION 01100

Delete this section in its entirety and substitute the attached revised Section 01100 GENERAL PROVISIONS therefore

SUBMITTAL REGISTER

Delete the Submittal Register in its entirety and substitute the attached revised Submittal Register therefore

SECTION 01 35 26

Page 123/253, After Section 01 33 00 Submittal Procedures, add the attached new Section 01 35 26 Government Safety Requirements, therefore

SECTION 01 57 20.01 12

1. Page 5, paragraph 3.1.2, Delete this paragraph in its entirety and substitute the following revised paragraphs, therefore:

“3.1.2 Prevention of Landscape Defacement

All work shall be performed from the open waters of Calcasieu River and Calcasieu Lake.

The Contractor shall not ascend existing marsh with construction equipment, nor shall they store any material, equipment, backfill, or drive machinery over existing marsh. All monuments and markers shall be protected before beginning operations near them.

The Contractor shall not deface, injure, or destroy trees or shrubs, nor remove or cut them without the approval of the Contracting Officer. Felling of trees shall be performed in such a manner as to avoid damage to trees to be left standing. Where trees may possibly be defaced, bruised, injured, or otherwise damaged by the Contractor's operations or equipment; he/she shall protect adequately such trees. All monuments and markers shall be protected before beginning operations near them. Any trees or other landscape feature scarred or damaged by the Contractor's equipment or operations shall be restored as nearly as possible to its original condition at the Contractor's expense. Trees that are scarred shall be immediately painted with an acceptable tree wound paint. Any trees which are damaged beyond restoration shall be removed and disposed of as directed by the Contracting Officer.”

2. Page 6, paragraph 3.2.2, Delete this paragraph in its entirety and substitute the following revised paragraph, therefore:

“3.2.2 Disposal of Materials

The methods and locations of handling, transfer, and disposal of materials, wastes, effluent, trees, trash, garbage, oil, grease, chemicals, etc., within the right-of-way limits shall be such that harmful debris will not enter lakes, ditches, rivers, bayous, canals, groundwater, waterways, or reservoirs by erosion, and thus prevent the use of the area for recreation or present a hazard to wildlife.”

SECTION 01 78 02

Page 3, subparagraph 1.3.1.2 item e. Delete this subparagraph item in its entirety and substitue the following, therefore:

e. Reserved.

SECTION 02 21 10

1. Page 6, paragraph 3.1.3. Delete this paragraph in its entirety and substitute the following revised paragraph therefore:

“3.1.3 Dike Centerline Establishment

In conjunction with the taking of original cross-sections and profiles of the project features awarded for construction, the Contractor shall mark the dike centerline PI's indicated on the drawings. In addition, the alignment/ location of the bank armoring/ paving feature (if awarded) shall also be marked. All dike centerline PI locations shall be marked with fluorescent paint, PVC pipe, wood posts, or other suitable materials. The locations of these PI locations, including soundings and/or rod readings at each dike PI, shall be plotted on a layout sheet with the Before Construction survey data and submitted to the Contracting Officer for determination of the final dike alignment(s) and location of disposal areas to be utilized for placement of dredged flotation channel materials. The final dike alignment(s) shall be established based on evaluation of the before construction cross section data. The Contractor shall not proceed with any flotation dredging (where applicable) until the Contracting Officer has reviewed the before construction cross sections, determines final dike alignment, and furnishes this information to the Contractor.”

2. Page 7, paragraph 3.1.5.1. Delete this paragraph in its entirety and substitute the following revised paragraph(s) therefore:

“3.1.5.1 Preliminary Dike C/L Profiles

A center line profile is required prior to construction for each reach of stone dikes awarded for construction. The profiles shall extend a minimum of 50 feet beyond the ends, as well as along the centerline of the dike. The tie-in points to the ends of all existing rock protection shall be noted in this profile survey. Elevations shall be taken every 50 feet, as well as at all abrupt changes in grade. In addition, the Contractor shall note any clearing required to properly grade the bank in order to assure proper placement of stone required for the optional bank armoring/ paving reach of work. Plotted profiles may be performed in reaches but shall be made available to the Government Inspector at least seven (7) calendar days prior to flotation channel excavation in any respective reach of work.”

SECTION 31 05 19.04 12

Delete this section in its entirety.

DRAWINGS

SHEET IDENTIFICATION Nos. G-01 thru G-03 and C-01 thru C-10. Delete these drawings in their entirety and substitute the attached revised and new drawings SHEET IDENTIFICATION Nos. G-01 thru G-03, C-01 thru C-13, and B-01 thru B-14, therefore

DEPARTMENT OF THE ARMY

U.S. ARMY CORPS OF ENGINEERS, NEW ORLEANS DISTRICT

7400 LEAKE AVENUE

NEW ORLEANS, LA 70118-3651

ED 20-060

SOLICITATION: W912P822B0051 7 August 2024

FOR: Calcasieu River and Pass, LA, Channelside Stone Foreshore Protection, Confined Disposal Facilities 7, 10, & 11, Calcasieu Parish, LA (ED 20-060).

TO OPEN: All bids must be received by 10:00AM local time on 27 August 2024.

Bid Opening will be held at 1:00 PM local time, on 27 August 2024.

(Questions are due no later than 16 August 2024 at 11:00 AM, local time.)

I. NOTE THE AFFIRMATIVE ACTION PROGRAM REQUIREMENT OF THE EQUAL

OPPORTUNITY CLAUSE WHICH MAY APPLY TO THE CONTRACT RESULTING FROM THIS

SOLICITATION.

II. NOTE THE CERTIFICATION OF NONSEGREGATED FACILITIES IN THIS SOLICITATION.

Bidders, offerors and applicants are cautioned to note the "Certification of Non-segregated Facilities" in the solicitation. Failure of a bidder or offeror to agree to the certification will render his bid or offer non-responsive to the terms of solicitations involving awards of contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause.

III. Prospective contractors must register in the System for Award Management (SAM). See FAR Clause 52.204-7 for required information. The website for SAM is https://www.sam.gov. As of April 4, 2022, the Federal Government has stopped using the DUNS Number as a unique identifier for entities and switched to a Unique Entity ID generated by SAM.gov. In addition, entities with DUNS Numbers but no SAM.gov registration, have been able to get Unique Entity IDs without registering in SAM.gov since October 2021.

NOTE: The DUNS Number is no longer used in SAM.gov, eSRS, FSRS, FPDS, CPARS, or FAPIIS.

BIDDERS MUST PROVIDE FULL, ACCURATE AND COMPLETE INFORMATION AS REQUIRED BY THIS

SOLICITATION AND ITS ATTACHMENTS. THE PENALTY FOR MAKING FALSE STATEMENTS IN BIDS

IS PRESCRIBED IN 18 U.S.C. 1001. (FAR 52.214-4 APR 1984)

DESCRIPTION AND MAGNITUDE OF WORK: The work consists of floatation dredging for site access, and construction of stone foreshore dikes along the Calcasieu, and all associated incidental work, as shown on the contract drawings.

CAUTION TO BIDDERS: In delivery of hand-carried bids, bidders 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 and for visitor background checks by MVN security when entering the installation at place of bid opening. Such delays DO NOT permit acceptance or consideration of late bids.

NOTE: ALL WORK UNDER THESE SPECIFICATIONS SHALL BE PERFORMED IN ACCORDANCE

WITH THE PROVISIONS OF EM 385-1-1 "CORPS OF ENGINEERS SAFETY AND HEALTH

REQUIREMENTS MANUAL", DATED MARCH 2024.

ATTENTION: Contractors must complete, and submit with their bid, the provisions located in Section 00600. A bidder may also submit, in lieu of the completed Section 00600, a complete hard copy of their Online Representations and Certifications Applications (ORCA) registration with an expiration date on or after the date of award.

REPLY TO

ATTENTION OF:

Contracting Division Project West Branch

ATTENTION BIDDERS

In preparing your bid ----

Have you signed the bid? Are all blank spaces filled in?

If signing on behalf of your company and not an bid thereof, have you attached evidence of your authority to sign the bid?

Have you acknowledged receipt of all amendments?

Have you checked your bid for possible errors? Arithmetically?

Have you furnished all information required by the bid or the specifications?

Are you submitting your bid on time? If mailed, will it reach the place of bid opening at the designated hour?

If required by the solicitation, have you submitted a bid bond? Is it signed? Is it in the proper amount?

Electronic submission of Bids under IFB Solicitations:

a.) Please refer to the Instructions to Bidders information in this amendment for guidance.

Contracting Officer – Mr. Christopher Nuccio, email: christopher.nuccio@usace.army.mil Contract Specialist – Ms. Anedra Baldwin, email: anedra.a.baldwin@usace.army.mil b.) The bid opening date is scheduled for Tuesday, August 27, 2024, at 1:00 PM local time. On the bid opening date, the Contract Specialist will commence downloading bids at 10:00AM local time, which is the bid cutoff time. All bids received after 10:00AM local time will be considered late.

electronically provided in accordance with Block 12b of the SF1442 and subsequently mail the originals to the address provided in Block 7 of the SF 1442.

LMN FL 1078-1

AUGUST 90 (previous editions are obsolete) Proponent: CEMVN-CT-W

DEPARTMENT OF THE ARMY

NEW ORLEANS DISTRICT, CORPS OF ENGINEERS

7400 LEAKE AVENUE

NEW ORLEANS, LOUISIANA 70118-3651

7 August 2024

SOLICITATION NUMBER: W912P822B0051

ALL QUESTIONS MUST CONTAIN THE SOLICITATION NUMBER IN

THE SUBJECT LINE.

IN ACCORDANCE WITH FEDERAL ACQUISITION REGULATIONS; ALL

QUESTIONS MUST BE SUBMITTED IN WRITING. ANY QUESTIONS

RECEIVED IN ANY OTHER FORMAT WILL NOT WARRANT A

RESPONSE.

ALL INQUIRIES REGARDING THIS SOLICITATION

SHOULD BE MADE TO THE FOLLOWING:

ANEDRA BALDWIN, CONTRACT SPECIALIST,

U.S. ARMY CORPS OF ENGINEERS, NEW ORLEANS DISTRICT

E-MAIL:

ANEDRA.A.BALDWIN@USACE.ARMY.MIL

PHONE: (504) 862-1754

COLLECT CALLS NOT ACCEPTED

QUESTIONS MUST BE SENT VIA EMAIL AND RECEIVED BY 11:00A.M. (local time), August 16, 2024. THE GOVERNMENT IS UNDER NO OBLIGATION TO

PROVIDE A RESPONSE TO LATE QUESTIONS.

INSTRUCTIONS TO BIDDERS

SOLICITATION NUMBER: W912P822B0051

A) ELECTRONIC COMMERCE (EMAIL) OR BY

B) PHYSICAL SUBMISSION. OFFERORS SHALL LIMIT THE BID SUBMITTAL TO ONE OPTION OR THE OTHER, NOT

BOTH.

OPTION A: Electronic Submission of Bid (Email):

The New Orleans District utilizes electronic commerce (Email) for receipt of electronic bids under this IFB solicitation.

To submit an electronic commerce (Email) bid please follow these steps:

1. Send an email containing your name, email address and bid to the following emails associated with the IFB

(MUST include all emails):

• christopher.nuccio@USACE.ARMY.MIL

• anedra.a.baldwin@USACE.ARMY.MIL

2. ALL BIDS SUBMITTED BY EMAIL MUST CONTAIN THE SOLICITATION NUMBER IN THE SUBJECT LINE.

3. Once the agency receives your bid at the above email addresses, you will then receive a confirmation email stating your bid was received. If an offeror does not receive a reply acknowledging receipt electronically from the New Orleans District, it is incumbent upon the bidder to seek confirmation from the issuing

Contracting office by phone and or email.

NOTE 1: The size limit for incoming emails is 35MB. Any bid over this size may not be accepted by the server and will constitute the bid not being received timely. Please note that embedded links, URLs, and other html language included may interfere with the USACE server security, which may cause emails to be removed prior to being received by the contracting office. Offerors are advised to refrain from including external links, embedded links, URLs, and other html language not germane to the bid. Please note it is a bidder's responsibility, when transmitting its bid electronically, to ensure the receipt of its bid to the proper designee at the proper time. See FAR 14.302 regarding the submission of bid. Please note, MVN's computer system firewall may cause a delay in receipt of emails, so be sure to allow ample time for possible delay. If your email would exceed 35MB you can use one of the following methods as a work-around:

• Use .zip files as attachments. Combine multiple files into a .zip file to compress file size prior to adding as an email attachment.

ED 20-060

• Send multiple emails. Label each email with same subject line and indicate number of emails. For example: Joes's Electrical LLC W912P822B0051 (1 of 2) Joe's Electrical LLC W912P822B0051 (2 of 2).

anedra.a.baldwin@usace.army.mil christopher.nuccio@usace.army.mil

BID Opening:

NOTES: NO PHYSICAL ATTENDANCE IS AUTHORIZED FOR THIS INVITATION FOR BID (IFB) OPENING.

The Bid Opening is currently scheduled for Tuesday, August 27, 2024, at 1:00 PM Central Time. The Contracting

Officer and Contract Specialist will begin downloading bids at 10:00 AM CT, which is the bid submission receipt cutoff time. All bids received after 10:00 AM Central Time on Tuesday, August 27, 2024, will be considered late.

Audio Teleconference Bid Opening Information:

The audio teleconference number for the bid opening at 1:00 PM CT is:

+1 601-262-2433

Phone conference ID: 863 996 143# https://dod.teams.microsoft.us/l/meetup-join/19%3adod%3ameeting_475f8edc02b64a96ac14f4e5aeadd801% 40thread.v2/0?context=%7b%22Tid%22%3a%22fc4d76ba-f17c-4c50-b9a7-8f3163d27582%22%2c%22Oid%22%3a

%22448bb123-fd34-432c-8ee8-f8f04ff4abfb%22%7d

Following the conclusion of the bid opening, in accordance with FAR 14.403(b), abstracts of offers for unclassified acquisitions shall be available for public inspection via SAM.GOV. The bid abstract will be published within 24-48 hours, excluding weekends.

ED 20-060

OPTION B: Physical Submission of Proposals:

If Bidders use option B, Bidders may submit their bid by hand carrying or express mail to the New Orleans District Contracting Office located at 7400 Leake Ave, New Orleans, LA 70118 Room 172 during the following core hours:

09:00am-3:00pm Central. Bidders are advised to allow adequate time to ensure timely submission of its bid. Traffic onto the New Orleans District campus may be delayed by trains blocking the entrance or security either at the gate and/or inside of the building.

Express delivery may be utilized, but it is incumbent upon the bidder to ensure bid delivery time and date is before the receipt of bid cutoff time. See FAR 14.304(b)(l)(ii) and (c). In accordance with current Security procedures at the MVN District, any bidder hand carrying bids must notify the contract specialist and contracting officer no later than the day before the bid opening via email that they intend to submit their bid in person. Security will be notified of the expected time of the visit. For this bid, please notify:

PTC-i ED 20-060

PROJECT TABLE OF CONTENTS

Division 00 – PROCUREMENT AND CONTRACT REQUIREMENTS

Solicitation, Offer and Award (SF-1442) 00010 Bidding Schedule 00100 Instructions to Bidders 00600 Representations and Certifications 00700 Contract Clause Inserts 00800 Special Contract Requirements

Division 01 - GENERAL REQUIREMENTS

01100 General Provisions 01 32 16.00 20 Construction Progress Schedule 01 33 00 Submittal Procedures 01 35 26 Government Safety Requirements 01 45 00.15 10 Resident Management System Contractor Mode (RMS CM) 01 45 04.00 10 Contractor Quality Control 01 57 20.01 12 Environmental Protection 01 78 02.00 10 Closeout Submittals

Division 02 - EXISTING CONDITIONS

02 21 10.00 12 Surveys

Division 35 – WATERWAY AND MARINE CONSTRUCTION

35 31 19.03 12 Stone

00010-1 ED 20-060

SECTION 00010 – BIDDING SCHEDULE

Calcasieu River and Pass, LA Channelside Stone Foreshore Protection Confined Disposal Facilities 7, 10, & 11

Calcasieu Parishes, LA

Item DESCRIPTION Estimate d Quantity

Unit Unit Price

Estimated Amount

BASE WORK

0001 Mobilization and Demobilization 1 JOB

0002 Stone Dike Construction @ CDF 7

0002AA *First 87,000 Tons 87,000 TON

0002AB *All Over 87,000 Tons 15,500 TON

0003 Flotation Channel Access @ CDF 7 1 JOB

TOTAL BASE WORK: $

OPTIONAL WORK 1 (OW1)

0005 Stone Dike Construction @ CDF 10 – OW1

0005AA *First 52,000 Tons 52,000 TON

0005AB *All Over 52,000 Tons 9,500 TON

0006 Flotation Channel Access @ CDF 10 – OW1 1 JOB

TOTAL OW1: $

OPTIONAL WORK 2 (OW2)

0008 Stone Dike Construction @ CDF 11 – OW2

0008AA *First 45,000 Tons 45,000 TON

0008AB *All Over 45,000 Tons 15,000 TON

0009 Flotation Channel Access @ CDF 11 – OW2 1 JOB

TOTAL OW 2: $

TOTAL BASE WORK + TOTAL OW 1 + OW 2: $

*Denotes change from previous bid schedule.

Award will be made as a whole to one bidder.

NOTE 1: The unit “JOB” as used in this Bidding Schedule is synonymous with the term “Lump Sum” used elsewhere within these plans and specifications.

00010-2 ED 20-060

NOTE 2: Bidders shall furnish unit prices for each item listed in the Schedule requiring a unit price. If the bidder fails to insert a unit price in the appropriate blank for required item(s), but does furnish an extended total, or an estimated amount for such item(s), the Government shall deem the unit price to be the quotient obtained by dividing the extended amount for that line item by the quantity. IF A BIDDER OMITS BOTH THE UNIT PRICE

AND THE EXTENDED TOTAL OR ESTIMATED AMOUNT FOR ANY ITEM, ITS BID

SHALL BE DECLARED NON-RESPONSIVE AND THEREFORE INELIGIBLE FOR

AWARD.

NOTE 3: Any bid may be rejected if the Contracting Officer determines in writing that it is unreasonable as to price. Unreasonableness of price includes not only total price of bid, but the price 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 FAR 14.404-2, Rejection of Individual Bids).

NOTE 4: 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 immediately after verification of acceptable performance and payment bonds. Within 24 hours after issuance of the NTP, the Contractor shall initiate a meeting to discuss the submittal process with the Area or Resident Engineer or his authorized representative. Physical work cannot start until the Accident Prevention Program, Contractor Quality Control Plan, and other submittals which may be required, have been submitted and approved and all preliminary meetings called for under the contract, have been conducted.

NOTE 5: OPTION WORK ITEMS: The Government may require the delivery of, in whole or part, the Optional Work Items. The Government may exercise the Optional Work Items by written notice to the Contractor. If the Government activates an Optional Work Items, the activation will occur 30 calendar days prior to completion of the current assignment. No additional mobilization/ demobilization will be paid to the Contractor for the Optional Work.

NOTE 6: EVALUATION OF OPTIONS (FAR 52.217-5 JUL 1990). Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for this basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

NOTE 7: TIME ADJUSTMENT IN THE EVENT OF THE EXERCISE OF OPTIONAL

WORK. In the event that the Optional Work items are exercised under the terms of the contract, the time required for completion of the contract shall be as stipulated below for each Optional Work Item, in addition to the original contract duration of *185 calendar days established for the Base Work Items specified in Section 00700 CONTRACT CLAUSES paragraph entitled "COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK".

OW1: 90 calendar days OW2: 125 calendar days

NOTE 8: RAPID VENDOR PAYMENT: Web based instructions for the submission of invoices may be found at the following website:

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

00010-3 ED 20-060

EVALUATION OF SUBLINE ITEMS (Dec 2019 - AFARS 5152.211-9000).

Item Nos. *0002, 0005, and 0008 are subdivided into two or more estimated quantities and are to be separately priced. The Government will evaluate each of these items on the basis of total price of its subline items.

(End of Clause)

VARIATIONS IN ESTIMATED QUANTITIES - SUBLINE ITEMS (Dec 2019) - AFARS 5152.211- 9001).

This variation in estimated quantities clause is applicable only to item Nos. 0005, and 0008.

Variation from the estimated quantity in the actual work performed under any second or subsequent subline item or elimination of all work under such a second or subsequent subline item will not be the basis for an adjustment in contract unit price.

Where the actual quantity of work performed for item Nos. 0005, and 0008, is less than 85% of the quantity of the first subline item listed under such item, the contractor will be paid at the contract unit price for that subline item for the actual quantity of work performed and, in addition, an equitable adjustment shall be made in accordance with the clause at Federal Acquisition Regulation (FAR) 52.211-18, VARIATION IN ESTIMATED QUANTITY.

If the actual quantity of work performed under item Nos. 0005, and 0008 exceeds 115% or is less than 85% of the total estimated quantity of the subline item under that item and/or if the quantity of the work performed under the second subline item or any subsequent subline item under item Nos. NONE exceeds 115% or is less than 85% of the estimated quantity of any such subline item, and if such variation causes an increase or a decrease in the time required for performance of this contract the contract completion time will be adjusted in accordance with the clause FAR 52.211-18, VARIATION IN ESTIMATED QUANTITY.

(End of Clause)

SECTION 00700 - CONTRACT CLAUSES

The following have been added by reference:

52.202-1 Definitions JUN 2020 52.203-2 Certificate Of Independent Price Determination APR 1985 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-12 Unique Entity Identifier Maintenance OCT 2016 52.204-13 System for Award Management Maintenance OCT 2018 52.204-22 Alternative Line Item Proposal JAN 2017 52.204-29 Federal Acquisition Supply Chain Security Act Orders--

Representation and Disclosures.

DEC 2023

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.209-12 Certification Regarding Tax Matters OCT 2020 52.211-13 Time Extensions SEP 2000 52.214-10 Contract Award--Sealed Bidding JUL 1990 52.214-12 Preparation Of Bids APR 1984 52.214-14 Place Of Performance--Sealed Bidding APR 1985 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.222-30 Construction Wage Rate Requirements--Price Adjustment (None or Separately Specified Method)

AUG 2018

52.225-12 Notice of Buy American Requirement - Construction Materials Under Trade Agreements

MAY 2014

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-16 Progress Payments NOV 2021 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-16 Alt I Quantity Surveys (Apr 1984) - Alternate I APR 1984 52.242-5 Payments to Small Business Subcontractors JAN 2017 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.244-6 Subcontracts for Commercial Products and Commercial

Services

FEB 2024

52.246-21 Warranty of Construction MAR 1994 52.247-34 F.O.B. Destination NOV 1991 52.248-3 Value Engineering-Construction OCT 2020 52.249-14 Excusable Delays APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-

Contract-Related Felonies

JAN 2023

252.203-7005 Representation Relating to Compensation of Former DoD Officials

SEP 2022

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support Contractors

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.205-7000 Provision Of Information To Cooperative Agreement Holders JUN 2023 252.215-7008 Only One Offer DEC 2022 252.219-7011 Notification to Delay Performance JUN 1998 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements JAN 2023 252.226-7002 Represenation for Demonstration Project for Contractors

Employing Persons with Disabilities

DEC 2019

252.232-7004 DOD Progress Payment Rates OCT 2014 252.232-7016 Notice of Progress Payments or Performance-Based Payments APR 2020 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7006 Cost Limitation JAN 1997 252.236-7008 Contract Prices-Bidding Schedules DEC 1991 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

The following have been added by full text:

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (FEB 2024)

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

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern--

(1)(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran or;

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that--

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

Small business concern--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph

(b) of this provision.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13

CFR 121.103.

Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned small business concern means a small business concern--

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127) means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b)(1) The North American Industry Classification System (NAICS) code for this acquisition is [insert NAICS code].

(2) The small business size standard is [insert size standard].

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce (i.e., nonmanufacturer), is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(c) Representations.

(1) The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1001.

(3) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR

127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(6) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(7) SDVOSB concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not an SDVOSB concern.

(8) SDVOSB joint venture eligible under the SDVOSB Program. [Complete only if the offeror represented itself as a SDVOSB concern in paragraph (c)(7) of this provision]. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [The offeror shall enter the name and unique entity identifier of each party to the joint venture:

(9) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(d) Notice. Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall—

(1) Be punished by imposition of fine, imprisonment, or both;

(2) Be subject to administrative remedies, including suspension and debarment; and

(3) Be ineligible for participation in programs conducted under the authority of the Act.

(End of provision)

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

2023)

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

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

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

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

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is--

(i) A commercial product (as defined in paragraph (1) of the definition of "commercial product" at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4)such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, North Macedonia, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);

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

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

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

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

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

Domestic construction…