W912P823B0003 Amendment 0004.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

Grand Isle and Vicinity, Hurricane Ida Repairs, Stone Construction, Jefferson Parish, Louisiana is being amended to:

1. Respond to an additional question

2. Provide Appendices A and B to Question 1 in Amendment 0003

1. CONTRACT ID CODE PAGE OF PAGES

1 2

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

16C. DATE SIGNED

BY 14-Mar-2023

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 W912P823B0003

X 9B. DATED (SEE ITEM 11)

14-Feb-2023

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 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

14-Mar-2023

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:

W912P823B0003

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

AMENDMENT 0004

Question 8: In reference to the Grand Isle Hurricane Ida Repair project bid item 9 Bird Abatement, you are making us use the entire 242 days for this item. This is going to be a large per day cost for this item and if we do not plan to use that many days then there will be overloading of this item. Also the specs say when we are working more than 120’ from the shoreline this item is not needed and some of the Breakwater units are more than that so we will not need daily monitoring at that time. Please consider allowing the contractor to write in the amount of days he thinks he will need for this item to avoid adding unnecessary cost to the bid item.

Response 8: Bid items according to the Bid Schedule.

(End of Summary of Changes)

Headquarters U.S. Army Corps of Engineers Washington, DC 1 October 2020

Aviation Policy Letter 19-08

USACE Aviation SUAS Policies and Procedures Excerpt Sections 9 and 13

Aviation Policy Letter 19-08 1 October 2020

Section 9: Safeguarding Data ........................................................................................................... 9-1

9. Policy. ................................................................................................................................................. 9-1

9.1. Procedures ...................................................................................................................................... 9-1

9.2. UA Uplink/Downlink ....................................................................................................................... 9-1

9.3. Data Transfers ................................................................................................................................. 9-1

9.4. Air-Gap Computer ........................................................................................................................... 9-1

9.5. CRN Mobile Basemap Server (MBS) ............................................................................................... 9-2

9.6. Residual Data .................................................................................................................................. 9-3

Section 13: Civil Aircraft Operations by Contractor and Third-Party Entities .................................... 13-1

13. Background .................................................................................................................................... 13-1

13.1. Policy ........................................................................................................................................... 13-1

13.2. CAO Contractor Liability ............................................................................................................. 13-1

13.3. Minimum Contract Language for CAOs ...................................................................................... 13-1

13.4. Contractor Requirements ........................................................................................................... 13-1

13.4.1. Contractor Flight Requests .................................................................................................. 13-2

13.5. Trusted Agent Requirements ...................................................................................................... 13-2

13.5.1. Trusted Agent Reporting Requirements ............................................................................. 13-2

13.6. Third-Party Commercial Operations ........................................................................................... 13-3

13.6.1. Commander’s Guidelines for Third-Party SUAS Flights ....................................................... 13-3

Contents

1-1

Terms and Definitions

1. Background. The following terms and definitions are the official descriptors for USACE Aviation:

1.1. Air Gap – the approved method of transferring data into and out of a Closed Restricted Network (CRN). Data is transferred through an Air-Gap Computer, utilizing ACE-IT approved scanning software, to ensure unwanted files do not enter, nor sensitive data be transferred from, the CRN.

1.2. Air Mission – use of an SUAS to meet a clearly defined task, purpose, and end-state.

1.3. Air Mission Approval Authority (AMAA) – individual delegated authority to approve air missions and accept the associated risks on behalf of the Command.

1.4. Aviation Program Manager (APM) – individual designated by the Assistant Secretary of the Army (Civil Works), and delegated the authority by the Commanding General, United States Army Corps of Engineers, to implement and oversee the USACE Aviation Program.

1.5. Aviation Program Management Office (APMO) – the proponent for USACE Aviation.

Through life-cycle management of unmanned aircraft systems and sub-systems, APMO fields, supports, standardizes, and drives innovation to support the Corp’s worldwide, multi-spectrum mission. Further, APMO implements and oversees aircrew training through the USACE Aviation Training and Standardization Program, an enterprise-level process unique to the Corps.

1.6. Aviation Resource Management Survey (ARMS) – a comprehensive analysis of the Commander’s Aviation Program conducted every 24 – 36 mo, or as necessary, to assess organizational readiness, identify trends, resolve issues, and propagate best practices.

1.7. Aircrew Training Program Manager (ATPM) – individual delegated by the Commander/Director to oversee the FOA Aircrew Training Program.

1.8. Air Worthiness Release (AWR) – a technical document that provides operating instructions, procedures, limitations, inspections, and maintenance instructions necessary for the safe flight and operation of an aircraft system, subsystem, or component.

1.9. Closed Restricted Network (CRN) – a self-contained network. It may only host systems within the network and does not transmit, receive, route, or interchange information outside the network.

1.10. Flight – starts when an Unmanned Aircraft (UA) takes off and ends when it engine s are stopped .

1-2

1 October 2020

1.11. Flight Training Folder (FTF) – the digital (and optionally paper) means of standardizing aircrew management and cataloging historical data for each aircrew member.

1.12. Launch and Recovery Site (LRS) – the established location from where the Small Unmanned Aircraft System is launched and recovered.

1.13. Management Information System (MIS) for Aviation and Remote Systems (MARS) — MARS is a management information database that tracks equipment and personnel and assists in mission planning, tracking, and archiving. (For example, Flight Training Folders can be, and are encouraged to be, maintained and managed within MARS.)

1.14. Mission Briefing Officer (MBO) – an SUAS Remote Pilot (RP) appointed in writing by the relevant ATPM and authorized to review the mission plan, assess and mitigate risk, then recommend a go/no-go decision to the approval authority. MBOs are selected based on their aviation knowledge, experience, maturity, and judgment.

1.15. Mission Coordinator (MC) – individual who serves as the overall mission leader. MCs are selected for their level of aviation proficiency, judgment, and ability to effectively communicate with other crews and the customer. For a single crew, the RP is the MC unless otherwise directed. MC and RP duties may be performed simultaneously. A single MC must be designated for missions involving more than one crew. The MC is the final authority for SUAS operations.

1.16. Mobile Basemap Server (MBS) – is a standalone, encrypted server that is USACE solution to securely load basemaps to Ground Control Stations when unable to do so through an Air-Gap Computer.

1.17. Remote Pilot (RP) – individual controlling, operating, and/or flying the Unmanned Aircraft. The RP is responsible for safe mission execution and is the final authority for operating, servicing, and securing the UA and its associated equipment. (Shall be considered synonymous with and used in place of Remote Pilot-in-Command and Aircraft Commander.)

1.18. Remote Pilot Instructor (RPI) – RPIs are experienced Remote Pilots designated by the appropriate ATPM to train and evaluate SUACs. RPI selection is based on maturity, aeronautical knowledge, proficiency, and operational needs of the FOA. RPIs manage the organization’s FTFs, as directed by the ATPM, and are the primary executors of the ATP.

1.19. Small Unmanned Aircraft Crewmember (SUAC) – individuals performing SUAS crewmember duties and functions

1.20. Small Unmanned Aircraft System (SUAS) – an unmanned, remotely piloted aircraft with a gross takeoff weight no greater than 55 lb, its associated control unit, antennas, and ancillary equipment. The term SUAS applies when referring to the entire system.

1.21. Third Party Operator – entity that is conducting SUAS operations on or near USACE-owned land for commercial purposes (must have District Commander/Lab Director approval in

1-3 accordance with 36 CFR 327, Rules and Regulations Governing Public Use of Water Resource Development Projects Administered by the Chief of Engineers).

1.22. Unmanned Aircraft (UA) – an unmanned, remotely piloted aircraft. The term UA applies when referring solely to the aircraft.

1.23. Visual Observer (VO) – crewmember responsible for maintaining visual contact with the UA. The VO accurately describes the UA’s proximity to hazards, other aircraft, direction of travel, and location relative to the launch and recovery site. The VO performs duties as directed by the RP.

9-1

Section 9: Safeguarding Data

9. Policy. USACE Aviation adheres to DoD COTS UAS Cybersecurity Waiver Business Rules, AR 25-1, Army Information Technology, AR 25-2, Army Cybersecurity, AR 380-5, Army Information Security Program, NIST 800.88, Guidelines for Media Sanitization, and the USACE Cybersecurity Risk Mitigation Strategy; a combination of software, hardware, and procedural controls designed to thwart malicious attacks and data theft.

9.1. Procedures. USACE Small Unmanned Aircraft Systems shall be maintained as a Closed Restricted Network (CRN) at all times, and data transfer is restricted to approved Air-Gapped machines. As part of the CRN, Ground Control Stations (GCS) are not permitted to be:

a. connected to the Internet or any other network

b. used to download basemaps or any other data from the Internet

c. connected to any Army Corps of Engineers Information Technology (ACE-IT) Network

d. used for any purpose other than as the GCS of its associated SUAS.

9.2. UA Uplink/Downlink. SUACs will ensure that signals to/from the UA are protected through the telemetry modem and transmitter. Camera lens covers may only be removed immediately prior to launch, then reinstalled immediately after motor(s) stop, in order to prevent inadvertent data transmissions.

9.3. Data Transfers. USACE Aviation personnel must use a CIO/G6 approved Air-Gap Computer when transferring data to and from the USACE information system network.

9.4. Air-Gap Computer. The Air-Gap Computer is an ACE-IT owned and managed Type II Single Information System. It is a dedicated, standalone machine used solely to screen data for cyber threats prior to entering the USACE information system network. This Type II System shall not be connected to any other system or network such as Internet, ISP, DREN, NIPRNet or SIPRNet.

The Type II System must not transmit, receive, route, or interchange information outside of the system. The Type II System may have removable or external media capability which includes but is not limited to, electrically erasable/programmable flash media (for example, USB drives, and compact flash), external magnetic media (for example, floppy disk, and external hard drive) and optical drives (for example CD, CD-R), or a single purpose printer. The Chief Information Officer/Program Manager (CIO/PM) must ensure the implemented control set minimizes risk associated with having external media available and being handled by privileged users. The system must operate in a single mode: sensitive but unclassified. The system may be designed to process any information type, but all applicable overlays must be applied. The following diagram [Figure 15] describes the data flow process from SUAS collected data through a Type II Stand-Alone System to the USACE Network:

9-2

Figure 15 – SUAS Collected Data Delivery Process

NOTE: Data collected on UAS flash storage is transmitted/transferred to GCS and placed on an USB external hard disk drive. The USB external hard disk drive is then physically connected to the Type II Standalone PC and scanned for cyber threats. After the USB external hard disk drive passes the cyber assessment, the USB external hard disk drive may be connected to a USACE network connected computer.

9.5. CRN Mobile Basemap Server (MBS). SUACs must use an HQ Aviation approved standalone encrypted Wi-Fi Direct Server that provides Basemap services within a Closed Restricted Network [Figure 16] for mission planning and execution when using a GCS that does not support air-gapped basemaps. Regardless of GCS-type, MBS is a best practice it allows real-time routing changes if conditions on the ground do not match map data from an Air-Gap machine.

Figure 16 – Field Expedient CRN Mobile Basemap Server

9-3

9.6. Residual Data. The protection measures outlined in this section provide robust and effective defense against unauthorized access to the USACE network, but ATPMs and SUACs must also take active measures against unauthorized access through less obvious means. Unsecured SUAS components, residual data, and media storage leave the “back door” open. ATPMs shall appoint a Data Security Manager(s) responsible for, at a minimum, verifying SUASs are stored in a locked case or secure area when not in use, and coordinating with HQ Aviation to:

receive and transfer SUAS, including the ground controller/control station, software updates receive and transfer MBS software updates proper use of the Air-Gap Computer sanitize relevant data prior to transferring or destroying SUAS components load necessary software/data sanitized by the transferring organization, as necessary, prior to operating the SUAS.

13-1

Section 13: Civil Aircraft Operations by Contractor and Third- Party Entities

13. Background. A Civil Aircraft Operation (CAO) is a flight activity which does not meet the qualifications for public aircraft status in 49 USC §40125 and §40102. The majority of contractor SUAS flights for USACE are CAOs because they are not performing an inherently governmental function. The contractor maintains responsibility for all aspects of the flight activity and is only required to verify compliance with USACE and Army cybersecurity requirements in Section 9.

13.1. Policy. U.S. Government use of SUAS has been in a state of constant change since late 2017 due to cybersecurity concerns. As a result, guidance from USACE HQ Aviation is constantly being updated to meet these needs. Contracted SUAS flights are allowed under the current Army Cybersecurity Waiver Rules. This guidance details the steps necessary to enable contractor SUAS operations on USACE projects and lands.

13.2. CAO Contractor Liability. CAOs are excluded from the Government’s assumption of risk, and are not covered by the Ground and Flight Risk Clause (DFARS 252.228-7001).

13.3. Minimum Contract Language for CAOs. The contract should include adequate language to ensure compliance with the cybersecurity requirements in Section 9. Contracting Officers may also specify the Government’s exemption from liability or require the contractor to show proof of private insurance.

13.4. Contractor Requirements. CAO flights are conducted in accordance with Federal, state, and local requirements, and under the supervision of a USACE Trusted Agent. The Trusted Agent monitors and validates that the contractor is adhering to the cybersecurity process and reports daily flight activity to the APM. The contractor is solely responsible for safety, liability, and must:

a. use a system approved on the current Army cybersecurity waiver

b. follow USACE APL 19-08 for cybersecurity, Section 9

c. be observed by a USACE Trusted Agent to verify cyber compliance

d. initialize the system on-site

e. wipe media according to National Institute of Standards and Technology (NIST) Special Publication 800.88, Guidelines for Media Sanitization, before and after flight

f. process data through air-gap process described in APL 19-08, Section 9

g. leave camera lens covers installed until just prior to starting engine(s) and return them as soon as possible after landing

13-2

h. be disconnected from all networks during the mission (from initialization to shutdown).

13.4.1. Contractor Flight Requests. Contractor flights are not permitted without prior written approval (either signed paper copy, e-mail, or text message) by the Trusted Agent. The request shall include date(s), location, airframe, and purpose of the flight(s). The Contractor’s SUAS must be one of the systems approved for benign or controlled environments by the current USACE Army Cybersecurity Waiver. During all phases of SUAS flight operations, the contractor must:

a. follow the cybersecurity requirements in Section 9, except paragraph 9.4. The contractor may use a non-ACE-IT machine for air-gapping data, but must ensure virus protections are up to date

b. be observed by a USACE Trusted Agent for compliance. The Trusted Agent is only authorized to observe cybersecurity compliance. All flight operations are the responsibility of the contractor.

13.5. Trusted Agent Requirements. Trusted Agents must review and acknowledge the requirements of this guidance prior to being designated. Any ATPM may train a person to become a trusted agent. That brief, at a minimum, shall include the:

a. cybersecurity protocols in Section 9 of this document

b. information requirements for the contractor’s flight request

c. flight, mishap, and reporting requirements.

13.5.1. Trusted Agent Reporting Requirements. The Trusted Agent must e-mail HQAviation@usace.army.mil with the data from the contractor notification and submit a close-out report after the flight(s). If the flight is cancelled or delayed, the close-out report will still be required to notify HQ Aviation. Flight close-outs must contain the following information:

a. Date of Mission

b. District / Lab / Center supported by the mission

c. Trusted Agent Name

d. Contractor Company Executing Mission

e. Result (completed, partial, cancelled w/ reason, rescheduled w/ reason)

f. Nature of flight requirement (Choose one):

(1) contractor flew for internal support of other activity (construction, etc.)

(2) contractor flew to collect data for USACE (contract’s primary purpose).

g. Statement of cyber compliance (e.g., the mission was conducted IAW the Trusted Agent Guidelines, APL 19-08, Section 13, and the USACE Army Cybersecurity Waiver).

h. Discrepancies noted and actions taken or needed

i. Request for follow up from HQ Aviation (if Yes, include contact info – phone & e-mail).

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13.6. Third-Party Commercial Operations. Third-party operations on or near USACE projects introduce potential for loss of information protection/security regarding Army activities. A third party conducting SUAS operations for commercial purposes must have District Commander/Lab Director approval in accordance with 36 CFR 327, Rules and Regulations Governing Public Use of Water Resource Development Projects Administered by the Chief of Engineers.

13.6.1. Commander’s Guidelines for Third-Party SUAS Flights. Commanders/Directors may use the guidelines below to establish cybersecurity standards for the third-party operation without assuming responsibility for training or oversight of the activity. This does not include recreational drone usage.

a. The third party may request operations and provide the same information listed for contractor submittals. The date(s), location, airframe, and purpose should be included in the notification.

b. USACE will recommend the third party’s SUAS be one of the systems listed in Appendix A or B of the current USACE Army Cyber Security Waiver. The request should clearly note if the SUAS is included in the USACE list or not.

c. The request will acknowledge the cybersecurity concerns associated with SUAS operation on USACE projects and enumerate the procedures from Section 9 they comply with, and the ones they do not, with reason and potential alternative mitigations.

d. The request will indicate the willingness of the third party to allow a USACE Trusted Agent to observe the operation.

e. The request will clearly state that the third party is solely responsible for safety, liability, and adherence to required Federal, state, and local requirements for SUAS flight.

f. The District Commander/Lab Director may appoint a Trusted Agent to observe the third-party operations based on confidence in the third party’s compliance. If personnel are available, Commander/Directors are encouraged to appoint a Trusted Agent.

g. If the District Commander/Lab Director authorizes the third-party operation, a copy of the authorization will be provided to the HQ USACE Aviation Office along with a Trusted Agent Close-Out Report (if available) at HQAviation@usace.army.mil.

mailto:HQAviation@usace.army.mil

Valid through 27 January 2023

Appendix B

USACE SUAS Benign Environments Inventory*

MANUFACTURER MODEL Type Encryption Configuration

Notes

Trimble uxs Fixed Wing FHSS/FKS

Wingtra Wingtra One Gen I VTOL FHSS/FKS

*VTOL (Vertical Takeoff & Land)

Valid through 28 July 2022 sUAS Flight Plan for the 21-001C Mermentau River Near Mermentau, La

Company:

Emergency Contact(s) sUAS Flight Team:

Estimated date(s):

April 8, 2021 0900 - 1800 (Weather Permitting)

PROPOSED LOCATION OF OPERATION

The Mermentau jetties where the Mermentau River discharges into the Gulf of Mexico. Cameron Parish, LA. The location is near and to the south of Mermentau, La. (see figure 01).

DESCRIPTION OF PROPOSED OPERATION and EQUIPTMENT UTILIZED The proposed operation will utilize the eBee X fixed-winged drone to capture RGB data and the Reigl RiCOPTER to collect LiDAR data. The Operation will comply with all 14 CFR section 107 regulations. The operation will be completed within the duration of ten (8) hours. The sUAS will be flown in a fully autonomous mode from take-off to landing. In the event of an emergency or need to deviate from the pre-planned mission, the pilot can manually fly via the primary and/or secondary command and control link (C2). The C2 utilizes a 2.4 GHz frequency switching radio link. An operator (not the Pilot in command) will also monitor ATC traffic via a handheld radio and visually monitor the air for nearby traffic.

RISK MANAGEMENT EMERGENCY PLAN

As per a current FAA sectional chart (see figure 02), there are no objects in the area that would limit this operations. As per the local aviation community there is a high number of low flying rotorcraft in the area. The use of visual observers will utilize to warn the PIC of aircraft in the area. Any other risk will be assessed on the site of operation. A safety briefing will take place before flight operations commence to reduce and mitigate any potential risk.

, LLC remote pilots are all current under FAA 14 CFR section 61, 107 regulations and Department of Army Aviation Policy Letter APL-206 (Unmanned Aircraft Contractor and Third Party Flights on USACE Projects and Lands). All remote pilots have received training in FAA part 107 certification, Operations of specific equipment used, Emergency Procedures (flight operations, field, hazards), and planning missions. Company sUAS policy, training, and standard operating procedures are available upon request.

Flight Operations

Figure 01. Overview

Figure 02. Sectional chart