Am2_W912PL-15-B-0003.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICAITON NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicble)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICIATION NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

Offers 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 your 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 APPROPIRATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE 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.

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.

15C. DATE SIGNED

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

16C. DATE SIGNED

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

14. DESCRIPTION OF AMENDMENT/MODIFICATION ( Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

1 2

0002 Aug 17, 2015

W912PL

U.S. Army Corps of Engineers Los Angeles District 915 Wilshire Boulevard, Suite 930 Los Angeles, California 90017-3401 Attn:Contracting Division CESPL-CT-W

SEE ITEM 6

W912PL-15-B-0003

Jul 12, 2015

South Perris II Desalination Project, Brackish Water Well No. 95 and Well No. 96 Eastern Municipal Water District, Riverside County, California Amendment issued to revise the following:

* Replace SF-1442. Bid Due Date extended to August 27, 2015, 1:00 PM Pacific time.

* Replace 00 10 00 - Bid Schedule

* Replace 00 73 00 Supplementary Conditions: FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK Revised

* Replace 00 73 46 Davis-Bacon Wage Determination CA-36, updated Aug 14, 2015.

(see attached continuation of Block 14)

South Perris Water Supply Desalination Project W912PL-15-B-0003 Brackish Water Wells No. 95 and No. 96 Eastern Municipal Water District - Riverside County, California

SF-30 Continuation page - 2 Amendment 2

Continuation from Block 14, SF-30 Amendment 2 of Solicitation

Amendment issued to add / revise the following of above-referenced solicitation:

Replace sections with included sections:

Section # Section Title

01 00 01.02 60 Schedule of Values 01 22 00.00 10 Measurement and Payment

03 30 00.00 10 Cast-in-Place Concrete

07 41 13 Metal Roof Panels and Appurtenances

33 20 00 Water Well Drilling, Casing and Testing 33 20 00.10 Water Well Drilling, Casing and Testing (Supplement)

Appendices

Delete Appendix F Severn Trent Pre-Negotiated Poposal

Brackish Water Well 95 and Well 96

Table of Contents - 1 Amendment 2

PROJECT TABLE OF CONTENTS

DIVISION 00 - BIDDING REQUIREMENTS, CONTRACT FORMS AND CONTRACT CONDITIONS

SF-1442 Solicitation, Offer and Award Am1 Am2 00 10 00 Bid Schedule Am2 00 21 00 Instructions

00 21 13 Instructions to Bidders

00 45 00 Representations & Certifications of Offerors

00 70 00 Conditions of Contract

00 73 00 Supplemental Conditions Am2 00 73 46 Davis Bacon Wage Decision Am1 Am2

DIVISION 01 - GENERAL REQUIREMENTS

01 00 01.02 60 SCHEDULE OF VALUES Am2

01 00 02.00 SECTION P CONSTRUCTION DRAWINGS

01 10 00.00 04 SPECIAL CONDITIONS

01 22 00.00 10 MEASUREMENT AND PAYMENT Am2

01 32 01.00 10 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERMENTAL SAFETY REQUIREMENTS

01 35 29.13 HEALTH, SAFETY, AND EMERGENCY RESPONSE PROCEDURES

FOR CONTAMINATED SITES

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.00 10 QUALITY CONTROL

01 45 00.10 10 USACE QUALITY CONTROL SYSTEM (QCS)

01 57 20.00 10 ENVIRONMENTAL PROTECTION

01 57 23 TEMPORARY STORMWATER POLLUTION CONTROL

01 75 15 PRE-STARTUP, STARTUP, FIELD TESTING, OPERATIONAL

DEMONSTRATION, AND ACCEPTANCE OF EQUIPMENT

01 78 00 CLOSEOUT SUBMITTALS

DIVISION 02 - EXISTING CONDITIONS

02 41 00 DEMOLITION

DIVISION 03 - CONCRETE

03 11 13.00 10 STRUCTURAL CAST-IN-PLACE CONCRETE FORMING

03 20 00.00 10 CONCRETE REINFORCING

03 30 00.00 10 CAST-IN-PLACE CONCRETE Am2

03 39 00.00 10 CONCRETE CURING

Table of Contents - 2 Amendment 2

DIVISION 04 – MASONRY

04 20 00 MASONARY

DIVISION 05 - METALS

05 12 00 STRUCTURAL STEEL

05 50 13 MISCELLANEOUS METAL FABRICATIONS

DIVISION 06 - WOOD, PLASTICS, AND COMPOSITES

06 10 00 ROUGH CARPENTRY

06 20 00 FINISH CARPENTRY

DIVISION 07 - THERMAL AND MOISTURE PROTECTION

07 21 13 BOARD AND BLOCK INSULATION

07 22 00 ROOF AND DECK INSULATION

07 41 13 METAL ROOF PANELS AND APPURTENANCES Am2

07 60 00 FLASHING AND SHEET METAL

07 92 00 JOINT SEALANTS

DIVISION 08 - OPENINGS

08 11 13 STEEL DOORS AND FRAMES

08 71 00 DOOR HARDWARE

DIVISION 09 - FINISHES

09 00 09.86 80 COLD-APPLIED WAX TAPE COATING

09 29 00 GYPSUM BOARD

09 90 00 PAINTS AND COATINGS

DIVISION 13 - SPECIAL CONSTRUCTION

13 48 00.00 10 SEISMIC PROTECTION FOR MECHANICAL EQUIPMENT

DIVISION 22 - PLUMBING

22 00 15.07 00 PROCESS PIPING AND APPURTENANCES

22 00 15.10 00 PROCESS VALVES

22 00 15.26 00 DOUBLE CONTAINMENT PIPING SYSTEMS

22 00 15.27 00 DOUBLE CONTAINMENT PIPE LEAK DETECTION SYSTEM

DIVISION 23 - HEATING, VENTILATING, AND AIR CONDITIONING

23 00 15.70 00 HEATING, VENTILATION, AND AIR CONDITIONING EQUIPMENT

23 03 00.00 20 BASIC MECHANICAL MATERIALS AND METHODS

Table of Contents - 3 Amendment 2

DIVISION 26 - ELECTRICAL

26 00 00.00 20 BASIC ELECTRICAL MATERIALS AND METHODS

26 00 16.04 00 ELECTRICAL SHORT CIRCUIT/COORDINATION STUDY, ARC FLASH

HAZARD STUDY, AND FIELD TESTING OF ELECTRICAL SYSTEM

26 05 00.00 40 COMMON WORK RESULTS FOR ELECTRICAL

26 05 19.00 10 INSULATED WIRE AND CABLE

26 05 48.00 10 SEISMIC PROTECTION FOR ELECTRICAL EQUIPMENT

26 05 71.00 40 LOW VOLTAGE OVERCURRENT PROTECTIVE DEVICES

26 08 00 APPARATUS INSPECTION AND TESTING

26 20 00 INTERIOR DISTRIBUTION SYSTEM

26 28 00.00 10 MOTOR CONTROL CENTERS, SWITCHBOARDS AND PANELBOARDS

26 29 01.00 90 ELECTRIC MOTORS, 3-PHASE DEEPWELL SUBMERSIBLE INDUCTION

TYPE

26 29 23 VARIABLE FREQUENCY DRIVE SYSTEMS UNDER 600 VOLTS

26 51 00.00 40 INTERIOR LIGHTING

26 52 00.00 40 EMERGENCY LIGHTING

26 53 00.00 40 EXIT SIGNS

DIVISION 31 - EARTHWORK

31 00 00 CONSTRUCTION METHODS AND EARTHWORK

31 11 00 CLEARING AND GRUBBING

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 11 23 AGGREGATE AND/OR GRADED-CRUSHED AGGREGATE BASE COURSE

32 12 16 HOT-MIX ASPHALT (HMA) FOR ROADS

32 15 00 AGGREGATE SURFACE COURSE

32 16 13 CONCRETE SIDEWALKS AND CURBS AND GUTTERS

32 31 13 CHAIN LINK FENCES AND GATES

DIVISION 33 - UTILITIES

33 11 00 WATER DISTRIBUTION

33 20 00 WATER WELL DRILLING, CASING AND TESTING Am2 33 20 00.10 WATER WELL DRILLING, CASING AND TESTING (SUPPLEMENT) Am2

33 20 05 WELLHEAD APPURTENANCES AND PUMP FOUNDATION

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 31 19 GROUTING STONE PROTECTION

DIVISION 40 - PROCESS INTEGRATION

40 05 13 PIPELINES, LIQUID PROCESS PIPING

40 17 26.00 20 WELDING PRESSURE PIPING

40 95 00 PROCESS CONTROL

DIVISION 43 - PROCESS GAS AND LIQUID HANDLING, PURIFICATION, AND STORAGE

EQUIPMENT

43 00 11.24 20 ONSITE SODIUM HYPOCHLORITE GENERATION SYSTEMS

43 00 11.93 90 SUBMERSIBLE DEEP WELL VERTICAL TURBINE PUMPS

43 00 11.93 91 SUBMERSIBLE DEEP WELL VERTICAL TURBINE PUMP BRACKISH

WATER WELL 95 PUMPING FACILITIES

43 00 11.93 92 SUBMERSIBLE DEEP WELL VERTICAL TURBINE PUMP BRACKISH

WATER WELL 96 PUMPING FACILITIES

43 00 11.93 94 SUBMERSIBLE DEEP WELL VERTICAL TURBINE PUMP

Table of Contents - 4 Amendment 2

(SUPPLEMENTAL)

FOR REFERENCE ONLY (NOT INCLUDED IN CONTRACT)

43 00 11.24 20 ONSITE SODIUM HYPOCHLORITE GENERATION SYSTEMS (FOR REFERENCE ONLY)

43 00 13.23 00 FIBERGLASS REINFORCED PLASTIC (FRP) TANKS (FOR REFERENCE ONLY)

43 00 13.24 00 DOUBLE WALLED POLYETHYLENE CHEMICAL STORAGE TANKS (FOR REFERENCE

ONLY)

43 06 61.00 ENGINEERED FIBERGLASS REINFORCED PLASTICS (FRP) MATERIALS

AND CONSTRUCTION (FOR REFERENCE ONLY)

APPENDIX A SCE SERVICE PLAN DRAWINGS - WELL 95 AND WELL 96

APPENDIX B EMWD STANDARD DRAWINGS

APPENDIX C FINAL GEOTECHNICAL INVESTIGATION REPORT

APPENDIX D EMWD STANDARD OPERATING PROCEDURES-DISINFECTING WELLS

APPENDIX E PROJECT IDENTIFICATION SIGN (SAMPLE)

APPENDIX F DELETED Am2

APPENDIX G RIVERSIDE COUNTY CONCRETE BLOCK WALL - STANDARD DRAWING

-- End of Project Table of Contents --

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

IMPORTANT - The "offer" section on the reverse must be fully completed by the offeror.

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

9. FOR INFORMATION CALL

A. NAME B. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date):

11. The Contractor shall begin performance within calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See .)

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12B. CALENDAR DAYS

YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212

Designed using Perform Pro, WHS/DIOR, Oct 96

1442-103 STANDARD FORM 1442 (REV. 4-85) (EG)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

W912PL-15-B-0003 x 12 July 2015 1 OF 2

U.S. Army Corps of Engineers Los Angeles District 915 Wilshire Boulevard, Suite 930 Los Angeles, California 90017-3401 Attn:Contracting Division CESPL-CT-W

See Item 7

Patricia Bonilla/Lulu Khilfeh 213-452-3255/213-452-3308

SOUTH PERRIS II DESALINATION PROJECT, BRACKISH WATER WELL No. 95 AND WELL No. 96, EASTERN

MUNICIPAL WATER DISTRICT, RIVERSIDE COUNTY, CA

Construction of two new fully-developed, tested, equipped, and operational (complete in place) desalter-supply brackish water wells including, drilling, downhole geophysical logs, isolated aquifer zone testing, caliper logs, installation of well casing, screen tubing, gravel pack annular seals, well development, final pumping tests and flow meter survey, well disinfection, and capping (Drilling Scope of Work); construction of a well pump foundation, equipping a well pumping facility with an electric driven pumping unit, variable frequency drive, coordination with and installation of SCE electrical service (service section, transformer, switchgear, conduit and etc. per the approve SCE Plan of Service), well switchgear, masonry block building structure, site piping and other site improvements.

This is a 100% total set-aside for Small Business. The NAICS code is 237110 Other Heavy and Civil Engineering Construction. The small business standard is $36,500,000 in annual receipts for the past 3 years. The estimated cost range of this project is over $5,000,000 to $10,000,000. The proposed contract will be awarded using the sealed bidding process in accordance with FAR Part 14. Proposed award to be made to the responsible bidder whose bid is responsive to the terms of the invitation for bids and is most advantageous to the Government, considering only price and the price related factors included in the invitation.

OFFERORS NOTE: This solicitation may be delayed, canceled or revised at any time prior to award.

10 see 007300

X X *Section 00 73 00

X 10

0 1:00 PM

August 27, 2015

X

OFFER (Must be fully completed by offeror)

STANDARD FORM 1442 BACK (REV. 4-85)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal or greater than the minimum requirement stated in 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation - give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24.SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BYCODE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to the issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and

(c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD. (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN

(Type or print)

30B. SIGNATURE 30C. DATE

31A. NAME OF CONTRACTING OFFICER (Type or print)

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

DUNS NO.: TAX ID NO.:

CAGE CODE NO.:

( ) - ; FAX ( ) -

SEE PRICING SCHEDULE

South Perris Water Supply Desalination Project

W912PL-15-B-0003

00 10 00 - 1 Amendment 2

SECTION 00 10 00

Solicitation Contract Line Item Number (CLIN) Schedule

Item Description Quantity Unit Amount

0001 Well 95 Pilot Borehole Drilling, Pre- Reaming Surveying and Testing

1 Job $

0002 Well 95 Borehole Reaming, Casing and Post-Reaming Surveying and Testing

1 Job $

0003 Well 95 Pumping Facilities 1 Job $

0004 Well 95 Site Work 1 Job $

0005 Well 95 Utility Installation 1 Job $

0006 Well 96 Pilot Borehole Drilling, Pre- Reaming Surveying and Testing

1 Job $

0007 Well 96 Borehole Reaming, Casing and Post-Reaming Surveying and Testing

1 Job $

0008 Well 96 Pumping Facilities 1 Job $

0009 Well 96 Site Work 1 Job $_ _

0010 Well 96 Utility Installation 1 Job $_ ____

TOTAL BASE BID (Items 0001-0010) $______________

00 10 00 - 2 Amendment 2

OPTION ITEMS

WELL 95 OPTION ITEMS

0011 Well 95 Finished Site Grading 1 Job $

0012 Well 95 Chain Link fence with Gates

1 Job $

0013 Well 95 Crushed Aggregate Base 1 Job $

0014 Well 95 AC Pavement 1 Job $

0015 Well 95 Site Lighting 1 Job $

0016 Well 95 Abandon Pilot Borehole 1 Job $

TOTAL WELL 95 OPTION ITEMS (Items 0011-0016) $

WELL 96 OPTION ITEMS

0017 Well 96 Finished Site Grading 1 Job $_

0018 Well 96 Block Wall with Chain Link Gates

1 Job $_

0019 Well 96 Crushed Aggregate Base 1 Job $_

0020 Well 96 AC Pavement 1 Job $_

0021 Well 96 Site Lighting 1 Job $_

0022 Well 96 Abandon Pilot Borehole 1 Job $

TOTAL WELL 96 OPTION ITEMS (Items 0017-0022) $

TOTAL AMOUNT (BASE BID PLUS OPTION ITEMS) $

00 10 00 - 3 Amendment 2

**Measurement and Payment Requirements for the Contract Bidding Schedule shall be in accordance with Specification 01 22 00.00 10 – MEASUREMENT AND PAYMENT. Additional measurement and payment information provided within the Contract Specifications shall be superseded by the requirements within Specification Section 01 22 00.00 10 – MEASUREMENT AND PAYMENT.**

ADDITIONAL BIDDER'S NOTES:

1. Prices must be submitted on all individual items of the Price Schedule;

otherwise the bid will be considered non-responsive and will be rejected.

2. For the purpose of initial evaluation of bids, the following will be utilized in resolving arithmetic discrepancies found on the face of the Price Schedule as submitted by the bidder:

a. Obviously misplaced decimal points will be corrected;

b. In case of discrepancy between the unit price and the extended price, the unit price will govern;

c. Apparent errors in extensions of unit prices will be corrected;

d. Apparent errors in addition of lump sum and extended prices will be corrected.

3. For the purpose of bid evaluation, the Government will proceed on the assumption that the bidder intends the bid to be evaluated on the basis of unit prices the totals arrived at by the resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.

4. The “JOB” line items in the Price Schedule are not "Estimated Quantity" line items and are not subject to the "Variation in Estimated Quantity" contract clause.

5. The Contract Clause 52.232-27, "Prompt Payment for Construction Contracts" requires that the name and address of the contractor official, to whom payment is to be sent, be the same as that in the contract or in a proper Notice of Assignment.

6. Principal Contracting Officer. The Contracting Officer who signs this contract will be the Principal Contracting Officer for this contract. However, any Contracting Officer assigned to the Los Angeles District, Contracting within his authority, may take formal action on this contract when the Principal Contracting Officer is unavailable and the action needs to be taken.

7. Amounts and prices shall be indicated in either words or figures, NOT BOTH.

8. Payment of Electronic Funds Transfer (EFT) is the mandatory method of payment. The Contractors attention is directed to Contract Clause NO.

52.232-33 "Mandatory Information for Electronic Funds Transfer" located in 00 70 00 Conditions of the Contract.

9. The bidder shall distribute his indirect costs (overhead, profit, bond, etc.,) over all items in the Price Schedule. The Government will review all submitted Price Schedules for any unbalancing of the items. Any submitted Price Schedule determined to be unbalanced may be considered nonresponsive and cause the bidder to be ineligible for contract award.

00 10 00 - 4 Amendment 2

10. The bidder shall furnish all plant, labor, material, equipment, etc., necessary to perform all work in strict accordance with the terms and conditions set forth in the contract in include all attachments thereto.

11. Some quantities are ESTIMATED, the bidders prices MUST BE FIRM.

12. Bidder is cautioned to check his Price Schedule carefully prior to submission. If the Price Schedule contains unit prices, they should be round off to the second decimal point only NOT EXTENDED FURTHER.

13. Contractor is required to fill in Cage code, TIN and DUNS Number in Block No. 14 on Standard Form 1442, the Name and Address Block.

252.236-7008 CONTRACT PRICES - BIDDING SCHEDULES. (DEC 1991)

a. The Government's payment for the items listed in the CLIN Schedule shall constitute full compensation to the Contractor for --

(1) Furnishing all plant, labor, equipment, appliances, and materials; and

(2) Performing all operations required to complete the work in conformity with the drawings and specifications.

b. The Contractor shall include in the prices for the items listed in the Pricing Schedule all costs for work in the specifications, whether or not specifically listed in the Pricing Schedule.

52.217-5 - Evaluation of Options (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 the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

-- End of Section –

Amendment 0002 00 73 00 - 1

SECTION 00 73 00

SUPPLEMENTARY CONDITIONS

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

52.211-13 TIME EXTENSIONS (SEP 2000)

52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

52.236-4 PHYSICAL DATA (APR 1984)

52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

52.236-8 OTHER CONTRACTS (APR 1984)

52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS (APR 1984)

52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

52.236-12 CLEANING UP (APR 1984)

52.236-13 ACCIDENT PREVENTION (NOV 1991) – ALTERNATE I (NOV 1991)

52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

52.236-16 QUANTITY SURVEYS (APR 1984)

52.236-17 LAYOUT OF WORK (APR 1984)

52.236-19 ORGANIZATION AND DIRECTION OF THE WORK (APR 1984)

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

00 73 00 - 2

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997) - ALTERNATE I

(APR 1984

52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

252.236-7000 MODIFICATION PROPOSALS - PRICE BREAKDOWN. (DEC 1991)

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

252.236-7008 CONTRACT PRICES - BIDDING SCHEDULES. (DEC 1991)

Alternate Structured Approach To Weighted Guideline Method For Construction Contracts (USACE Acquisition Instruction (UAI) 215.404-73-101)

Veterans Employment Emphasis for U.S. Army Corps of Engineers Contracts

UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT OR OTHER PERSONNEL

SAFETY REQUIREMENTS

CONTRACTOR PERFORMANCE EVALUATIONS

Contractor Supply and Use of Electronic Software for Processing Davis-Bacon Act Certified Labor Payrolls – April 2011

STATEMENT OF REQUIREMENTS FOR ANTITERRORISM (AT) AND

OPERATION SECURITY INFORMATION (OPSEC):

SECURITY CONTRACT LANGUAGE FOR ALL CORPS OF ENGINEERS' UNCLASSIFIED CONTRACTS

00 73 00 - 3

52.211-10 COMMENCEMENT, PROSECUTION, AND

COMPLETION OF WORK (APR 1984)

The Contractor shall be required to

(a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire Base Bid work and all options ready for use not later than 720 calendar days after receipt of Notice to Proceed(NTP).

The time stated for completion shall include final cleanup of the premises.

(End of clause)

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 $1,950.00 [Contracting Officer insert amount] 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.

52.211-13 TIME EXTENSIONS (SEP 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an

00 73 00 - 4 extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract.

Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.

52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

(a) The Contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting Officer of

(1) subsurface or latent physical conditions at the site which differ materially from those indicated in this contract, or

(2) unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract.

(b) The Contracting Officer shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly.

(c) No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the Contractor has given the written notice required; provided, that the time prescribed in (a) above for giving written notice may be extended by the Contracting Officer.

(d) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.

52.236-3 SITE INVESTIGATION AND CONDITIONS

AFFECTING THE WORK (APR 1984)

(a) The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to

(1) conditions bearing upon transportation, disposal, handling, and storage of materials;

(2) the availability of labor, water, electric power, and roads;

(3) uncertainties of weather, river stages, tides, or similar physical conditions at the site;

(4) the conformation and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during work performance. The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the Government, as well as from the drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions

00 73 00 - 5 described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government.

(b) The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government. Nor does the Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract.

52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by . . . . . . . . . [insert a description of investigational methods used, such as surveys, auger borings, core borings, test pits, probings, test tunnels].

(b) Weather conditions . . . . . . . . . (insert a summary of weather records and warnings).

(c) Transportation facilities . . . . . . . . . (insert a summary of transportation facilities providing access from the site, including information about their availability and limitations.

(d) . . . . . . . . . . (insert other pertinent information).

52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

(a) All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of the Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in this contract.

(b) The Contractor shall obtain the Contracting Officer's approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to the Contracting Officer the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by the Contracting Officer, the Contractor shall also obtain the Contracting Officer's approval of the material or articles which the Contractor contemplates incorporating into the work. When requesting approval, the Contractor shall provide full information concerning the material or articles. When directed to do so, the Contractor shall submit samples for approval at the Contractor's expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection.

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(c) All work under this contract shall be performed in a skillful and workmanlike manner. The Contracting Officer may require, in writing, that the Contractor remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable.

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR

1984)

At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

52.236-8 OTHER CONTRACTS (APR 1984)

The Government may undertake or award other contracts for additional work at or near the site of the work under this contract. The Contractor shall fully cooperate with the other contractors and with Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees.

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52.236-9 PROTECTION OF EXISTING VEGETATION,

STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS

(APR 1984)

(a) The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by the Contracting Officer.

(b) The Contractor shall protect from damage all existing improvements and utilities

(1) at or near the work site, and

(2) on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

(a) The Contractor shall confine all operations (including storage of materials) on Government premises to areas authorized or approved by the Contracting Officer. The Contractor shall hold and save the Government, its officers and agents, free and harmless from liability of any nature occasioned by the Contractor's performance.

(b) Temporary buildings (e.g., storage sheds, shops, offices) and utilities may be erected by the Contractor only with the approval of the Contracting Officer and shall be built with labor and materials furnished by the Contractor without expense to the Government. The temporary buildings and utilities shall remain the property of the Contractor and shall be removed by the Contractor at its expense upon completion of the work. With the written consent of the Contracting Officer, the buildings and utilities may be abandoned and need not be removed.

(c) The Contractor shall, under regulations prescribed by the Contracting Officer, use only established roadways, or use temporary roadways constructed by the Contractor when and as authorized by the Contracting Officer. When materials are transported in prosecuting the work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by any Federal, State, or local law or regulation. When it is necessary to cross curbs or sidewalks, the Contractor shall protect them from damage. The Contractor shall repair or pay for the repair of any damaged curbs, sidewalks, or roads.

52.236-11 USE AND POSSESSION PRIOR TO COMPLETION

(APR 1984)

(a) The Government shall have the right to take possession of or use any completed or partially completed part of the

00 73 00 - 8 work. Before taking possession of or using any work, the Contracting Officer shall furnish the Contractor a list of items of work remaining to be performed or corrected on those portions of the work that the Government intends to take possession of or use. However, failure of the Contracting Officer to list any item of work shall not relieve the Contractor of responsibility for complying with the terms of the contract. The Government's possession or use shall not be deemed an acceptance of any work under the contract.

(b) While the Government has such possession or use, the Contractor shall be relieved of the responsibility for the loss of or damage to the work resulting from the Government's possession or use, notwithstanding the terms of the clause in this contract entitled "Permits and Responsibilities." If prior possession or use by the Government delays the progress of the work or causes additional expense to the Contractor, an equitable adjustment shall be made in the contract price or the time of completion, and the contract shall be modified in writing accordingly.

52.236-12 CLEANING UP (APR 1984)

The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the Government. Upon completing the work, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer.

52.236-13 ACCIDENT PREVENTION (NOV 1991) –

ALTERNATE I (NOV 1991)

(a) The Contractor shall provide and maintain work environments and procedures which will

(1) safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities;

(2) avoid interruptions of Government operations and delays in project completion dates; and

(3) control costs in the performance of this contract.

(b) For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the Contractor shall-

(1) Provide appropriate safety barricades, signs, and signal lights;

(2) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910; and

(3) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.

(c) If this contract is for construction or dismantling, demolition or removal of improvements with any Department of Defense agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U.S.

Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation.

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(d) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor's representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.

(e) The Contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts.

(f) Before commencing the work, the Contractor shall-

(1) Submit a written proposed plan for implementing this clause. The plan shall include an analysis of the significant hazards to life, limb, and property inherent in contract work performance and a plan for controlling these hazards; and

(2) Meet with representatives of the Contracting Officer to discuss and develop a mutual understanding relative to administration of the overall safety program.

52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES

(a) The Government shall make all reasonably required amounts of utilities available to the Contractor from existing outlets and supplies, as specified in the contract. Unless otherwise provided in the contract, the amount of each utility service consumed shall be charged to or paid for by the Contractor at prevailing rates charged to the Government or, where the utility is produced by the Government, at reasonable rates determined by the Contracting Officer. The Contractor shall carefully conserve any utilities furnished without charge.

(b) The Contractor, at its expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges. Before final acceptance of the work by the Government, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia.

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS

(a) The Contractor shall, within five days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor

00 73 00 - 10 fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

52.236-16 QUANTITY SURVEYS (APR 1984)

(a) Quantity surveys shall be conducted, and the data derived from these surveys shall be used in computing the quantities of work performed and the actual construction completed and in place.

(b) The Government shall conduct the original and final surveys and make the computations based on them. The Contractor shall conduct the surveys for any periods for which progress payments are requested and shall make the computations based on these surveys. All surveys conducted by the Contractor shall be conducted under the direction of a representative of the Contracting Officer, unless the Contracting Officer waives this requirement in a specific instance.

(c) Promptly upon completing a survey, the Contractor shall furnish the originals of all field notes and all other records relating to the survey or to the layout of the work to the Contracting Officer, who shall use them as necessary to determine the amount of progress payments. The Contractor shall retain copies of all such material furnished to the Contracting Officer.

52.236-17 LAYOUT OF WORK (APR 1984)

The Contractor shall lay out its work from Government established base lines and bench marks indicated on the drawings, and shall be responsible for all measurements in connection with the layout. The Contractor shall furnish, at its own expense, all stakes, templates, platforms, equipment, tools, materials, and labor required to lay out any part of the work. The Contractor shall be responsible for executing the work to the lines and grades that may be established or indicated by the Contracting Officer. The Contractor shall also be responsible for maintaining and preserving all stakes and other marks established by the Contracting Officer until authorized to remove them. If such marks are destroyed by the Contractor or through its negligence before their removal is authorized, the Contracting Officer may replace them and deduct the expense of the replacement from any amounts due or to become due to the Contractor.

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52.236-19 ORGANIZATION AND DIRECTION OF THE WORK

(a) When this contract is executed, the Contractor shall submit to the Contracting Officer a chart showing the general executive and administrative organization, the personnel to be employed in connection with the work under this contract, and their respective duties. The Contractor shall keep the data furnished current by supplementing it as additional information becomes available.

(b) Work performance under this contract shall be under the full-time resident direction of (1) the Contractor, if the Contractor is an individual; (2) one or more principal partners, if the Contractor is a partnership; or (3) one or more senior officers, if Contractor is a corporation, association, or similar legal entity. However, if the Contracting Officer approves, the Contractor may be represented in the direction of the work by a specific person or persons holding positions other than those identified in this paragraph.

52.236-21 SPECIFICATIONS AND DRAWINGS FOR

CONSTRUCTION (FEB 1997)

(a) The Contractor shall keep on the work site a copy of the drawings and specifications and shall at all times give the Contracting Officer access thereto. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the specifications shall govern. In case of discrepancy in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to the Contracting Officer, who shall promptly make a determination in writing. Any adjustment by the Contractor without such a determination shall be at its own risk and expense.