A21 - W912PM25BA003_FY25WHIOB-AMDT0001-PACKAGE - Final.pdf

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Attached to
Maintenance Dredging, Wilmington Harbor Inner Ocean Bar Federal contract opportunity
Solicitation number
W912PM25BA003
Issued by
Department of the Army Corps of Engineers Engineering District Wilmington

About this file

This document is an Amendment (0001) to a federal solicitation for Maintenance Dredging of the Wilmington Harbor Inner Ocean Bar in Brunswick County, North Carolina. The U.S. Army Corps of Engineers seeks a contractor to perform maintenance dredging of the Cape Fear River channels, with an estimated 1,350,000 cubic yards of material to be removed and placed at the Oak Island disposal area. The project requires an Ocean Certified Dredge, with dredging depth specified at 44' plus 2' of allowable over depth, and is restricted to an environmental placement window between 16 November 2025 and 30 April 2026.

The amendment includes updates to Federal Acquisition Regulation (FAR) clauses, technical information modifications, and provides coordinates for an Archaeological Restricted Area. The solicitation is unrestricted, with a Firm Fixed Price contract anticipated, and a project magnitude between $10,000,000 and $25,000,000. The North American Industry Classification System (NAICS) code is 237990 with a size standard of $37,000,000, and contractors must be registered in the System for Award Management (SAM) to be eligible. Key contact personnel are Diana Curl (Contract Specialist) and Rosalind Shoemaker (Contract Officer) from the U.S. Army Corps of Engineers, Wilmington District.

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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 electronic communication 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 letter or electronic communication, provided each letter or electronic communication 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 NUMBER 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

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, 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.)

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

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C. DATE SIGNED

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

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

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

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

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

The purpose of this amendment is to:Block 14 (Description of Amendment/Modification):

1) Update FAR Clauses in accordance with Executive Orders 14173 and 14168.

2) Update the Technical information. See Technical Summary of Changes

3) Provide the coordinates of the Archaeological Restricted Area listed in Note 2 of the Project Site Plan.

Section 00 45 00 - Representations and Certifications

The following clauses were modified:

52.204-8 Annual Representations and Certifications. (Tailored) Jan 2025 hereby reads as follows:

ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2025) (DEVIATION 2025-O0003)

(a)

(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990

(2) The small business size standard is $37,000,000.00

(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 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.

(b)

(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i) Paragraph (d) applies.

W912PM25BA0030001

(ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) ***

(1) *** The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless-

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(xiv) [Reserved]

(xv) [Reserved]

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of biobased products in USDA-designated product categories; or include the clause at 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation.

This provision applies to solicitations that include the provision at 52.204-7.

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies.

(C) If the acquisition value is $100,000 or more but is less than $102,280, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[ ]Contracting Officer check as appropriate.

52.204-17, Ownership or Control of Offeror.(i)

52.204-20, Predecessor of Offeror.(ii)

52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.(iii)

52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for(iv) Maintenance, Calibration, or Repair of Certain Equipment- Certification.

52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for(v) Certain Services-Certification.

52.227-6, Royalty Information.(vi)

Basic.(A)

Alternate I.(B)

52.227-15, Representation of Limited Rights Data and Restricted Computer Software.(vii)

(d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ ]. Theseofferor to insert changes, identifying change by clause number, title, date amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

Section 00 70 00 - Conditions of the Contract

Additional Information/Notes

The following clauses were modified:

52.222-9 Apprentices and Trainees. (Tailored) Jul 2005 hereby reads as follows:

APPRENTICES AND TRAINEES (MAR 2025) (DEVIATION 2025-O0003)

(a) Apprentices.

(1) An apprentice will be permitted to work at less than the predetermined rate for the work performed when employed-

Pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S.(i) Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer, and Labor Services (OATELS) or with a State Apprenticeship Agency recognized by the OATELS; or

In the first 90 days of probationary employment as an apprentice in such an apprenticeship program,(ii) even though not individually registered in the program, if certified by the OATELS or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice.

The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be(2) greater than the ratio permitted to the Contractor as to the entire work force under the registered program.

Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise(3) employed as stated in paragraph (a)(1) of this clause, shall be paid not less than the applicable wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.

Where a Contractor is performing construction on a project in a locality other than that in which its(4) program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.

Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship(5) program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination.

In the event OATELS, or a State Apprenticeship Agency recognized by OATELS, withdraws(6) approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

Trainees.(b)

Except as provided in , trainees will not be permitted to work at less than the(1) 29 CFR 5.16 predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S.

Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer, and Labor Services (OATELS). The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by OATELS.

Every trainee must be paid at not less than the rate specified in the approved program for the trainee's(2) level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed in the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate in the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the OATELS shall be paid not less than the applicable wage rate in the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate in the wage determination for the work actually performed.

In the event OATELS withdraws approval of a training program, the Contractor will no longer be(3) permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(c) [Reserved]

(End of clause)

52.244-6 Subcontracts for Commercial Products and Commercial Services. (Tailored)Jan 2025 hereby reads as follows:

SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR

2025) (DEVIATION 2025-O0003)

(a) Definitions. As used in this clause-

Commercial product, commercial service and commercially available off-the-shelf item have the meanings contained in Federal Acquisition Regulation (FAR) 2.101.

Subcontract includes a transfer of commercial products or commercial services between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial products, commercial services, or non-developmental items as components of items to be supplied under this contract.

(c)

(1) The Contractor shall insert the following clauses in subcontracts for commercial products or commercial services:

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509), if the(Nov 2021) subcontract exceeds the threshold specified in FAR 3.1004(a) on the date of subcontract award, and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

(ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act.(Jun 2010)

(iii) 52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712); this clause(Nov 2023) does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).

(iv) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan .2017)

(v) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems , other than(Nov 2021) subcontracts for commercially available off-the-shelf items, if flow down is required in accordance with paragraph (c) of FAR clause 52.204-21.

(vi) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Section 1634 of Pub. L. 115-91).(Dec 2023)

(vii) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(a)(1)(A) of Pub. L. 115-232).(Nov 2021)

(viii) 52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R(Jun 2023) of Pub. L. 117-328).

(ix)

(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L.(Dec 2023) 115-390, title II).

(B) Alternate I of 52.204-30.(Dec 2023)

(x) 52.219-8, Utilization of Small Business Concerns (15 U.S.C.637(d)(2) and (3)), if the( )Jan 2025 subcontract offers further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(xi) [Reserved]

(xii) [Reserved}

(xiii) 52.222-35, Equal Opportunity for Veterans (38 U.S.C.4212(a));(Jun 2020)

(xiv) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C.793).(Jun 2020)

(xv) 52.222-37, Employment Reports on Veterans (38 U.S.C.4212).(Jun 2020)

(xvi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.(Dec 2010) O. 13496), if flow down is required in accordance with paragraph (f) of FAR clause 52.222-40.

(xvii)

(A) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. 13627).(Nov 2021)

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

(xviii) 52.222-55, Minimum Wages for Contractor Workers under Executive Order 14026 if,(Jan 2022) flow down is required in accordance with paragraph (k) of FAR clause 52.222-55.

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706), if flow down is(Jan 2022) required in accordance with paragraph (m) of FAR clause 52.222-62.

(xx)

(A) 52.224-3, Privacy Training (5 U.S.C. 552a) if flow down is required in accordance with(Jan 2017) 52.224-3(f).

(B) Alternate I of 52.224-3, if flow down is required in accordance with 52.224-3(f) and the(Jan 2017) agency specifies that only its agency-provided training is acceptable).

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

Subtitle A, Part V, Subpart G Note).

(xxii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors , if flow(Mar 2023) down is required in accordance with paragraph (c) of FAR clause 52.232-40.

(xxiii) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Sections 1821-1826, Pub. L. 118-31, 41 U.S.(Nov 2024) C. 3901 note prec.).

(xxiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C.(Nov 2021) 55305 and 10 U.S.C.2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may flow down to subcontracts for commercial products or commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

(End of clause)

Date Changed From: Nov 2024 To: Jan 2025

The following clauses were deleted:

FAR Clauses Incorporated by Reference

Number Title Effective Date Alternate/ Deviation

Variation Effective Date

52.222-21 Prohibition of Segregated Facilities. Apr 2015 52.222-26 Equal Opportunity. Sep 2016

52.222-27 Affirmative Action Compliance Requirements for Construction.

Apr 2015

FAR Clauses Incorporated by Full Text

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction.

(Feb 1999)

Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999)

The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action(a) Compliance Requirements for Construction clause of this solicitation.

The goals for minority and female participation, expressed in percentage terms for the Contractor's(b) aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation for Each Trade Goals for Female Participation for Each Trade

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the in notice form, and these notices Federal Register may be obtained from any Office of Federal Contract Compliance Programs office.

The Contractor's compliance with Executive Order11246, as amended, and the regulations in (c) 41 CFR shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative60-4 action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects.

The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order11246, as amended, and the regulations in . Compliance with the goals will41 CFR 60-4 be measured against the total work hours performed.

The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal(d) Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the-

Name, address, and telephone number of the subcontractor;(1)

Employer's identification number of the subcontractor;(2)

Estimated dollar amount of the subcontract;(3)

Estimated starting and completion dates of the subcontract; and(4)

Geographical area in which the subcontract is to be performed.(5)

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Brunswick County North Carolina.

(End of provision)

Solicitation # W912PM25BA003 Date: 10-MARCH-2024 Project Title – MAINTENANCE DREDGING, WILMINGTON HARBOR

INNER OCEAN BAR

BRUNSWICK COUNTY, NORTH CAROLINA

Amendment No. 0001

TECHNICAL SUMMARY OF CHANGES

1. CHANGES TO SPECIFICATIONS. Revised section to the specification with revision mark

“***AMENDMENT 0001***” is shown on each revised page.

A. 01 50 00 – TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

a. REVISED AND ADDED:

i. 1.5 SEVERE WEATHER PLANNING

Based on the weather forecast for sustained winds 50 knots (58 mph) or greater, monitor weather conditions a minimum of twice a day and take appropriate actions according to the Severe Weather Plan in the accepted Accident Prevention Plan and instructions below.

Unless otherwise directed by the Contracting Officer, comply with:

a. Condition FOUR (Sustained winds of 58 mph or greater expected within 72 hours): Normal daily jobsite cleanup and good housekeeping practices.

Collect and store in piles or containers scrap lumber, waste material, and rubbish for removal and disposal at the close of each work day. Maintain the construction site including storage areas, free of accumulation of debris. Stack form lumber in neat piles less than 3.3 feet high. Remove all debris, trash, or objects that could become missile hazards.

Review requirements pertaining to "Condition THREE" and continue action as necessary to attain "Condition FOUR" readiness. Contact Contracting Officer for weather and COR updates and completion of required actions.

b. Condition THREE (Sustained winds of 58 mph or greater expected within 48 hours): Maintain "Condition FOUR" requirements and commence securing operations necessary for "Condition ONE" which cannot be completed within 18 hours. Cease all routine activities which might interfere with securing operations. Commence securing and stow all gear and portable equipment. Make preparations for securing buildings. Reinforce or remove formwork and scaffolding. Secure machinery, tools, equipment, materials, or remove from the jobsite. Expend every effort to clear all missile hazards and loose equipment from general base areas. Contact Contracting Officer for weather and COR updates and completion of

Solicitation # W912PM25BA003 Date: 10-MARCH-2024 Project Title – MAINTENANCE DREDGING, WILMINGTON HARBOR

INNER OCEAN BAR

BRUNSWICK COUNTY, NORTH CAROLINA

Amendment No. 0001 required actions. Review requirements pertaining to "Condition TWO" and continue action as necessary to attain "Condition THREE" readiness.

c. Condition TWO (Sustained winds of 58 mph or greater expected within 24 hours): Secure the jobsite and leave Government premises.

d. Condition ONE. (Sustained winds of 58 mph or greater expected within 12 hours): Contractor access to the jobsite and Government premises is prohibited.

ADDITIONS TO DRAWINGS.

A. Inquiry ID: 11215884 - G101 Note 2

a. Inquiry Text: Note 2 - Project Site Plan states:

NO VESSEL ANCHORAGE OR PLACEMENT OF SPUDS, PIPELINE OR OTHER

EQUIPMENT WILL BE ALLOWED WITHIN THE ARCHAEOLOGICAL

RESTRICTED AREA. COORDINATES OF THE ARCHAEOLOGICAL RESTRICTED

AREA WILL BE PROVIDED TO THE CONTRACTOR AFTER CONTRACT AWARD.

This information may impact pipeline routing, mobilization and pumping distances. Please provide prior to bid date with enough time to evaluate the impact on mobilization, and production rates.

b. Response - Coordinates of the Archaeological Restricted Area provided. See attached.

…end of summary…

FY25 WILMINGTON HARBOR INNER OCEAN BAR FY26WHIOB

AMDT0001 W912PM25BA003

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 01 15 02/11 LIST OF DRAWINGS

DIVISION 01 - GENERAL REQUIREMENTS

01 10 00.10 38 8/17 SUPPLEMENTARY SPECIAL CONTRACT

REQUIREMENTS

01 32 01.00 10 02/15 PROJECT PROGRESS SCHEDULE

01 33 00 08/18, CHG 4: 02/21 SUBMITTAL PROCEDURES

01 35 26 05/24 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 02/19, CHG 1: 08/23 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.00 10 11/16, CHG 2: 11/21 QUALITY CONTROL

01 45 00.15 10 11/16, CHG 2: 08/19 RESIDENT MANAGEMENT SYSTEM CONTRACTOR

MODE (RMS CM)

01 50 00 11/20, CHG 2: 08/22 TEMPORARY CONSTRUCTION FACILITIES AND

CONTROLS

01 57 19 08/22 TEMPORARY ENVIRONMENTAL CONTROLS

DIVISION 02 - EXISTING CONDITIONS

02 21 00 09/22 CONSTRUCTION SURVEYS

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 20 23 08/20 DREDGING & BEACH PLACEMENT WORK

35 20 23.33 02/22 NATIONAL DREDGING QUALITY MANAGEMENT

PROGRAM - PIPELINE HYDRAULIC DREDGE

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 50 00

TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

11/20, CHG 2: 08/22

PART 1 GENERAL

1.1 REFERENCES

1.2 SUBMITTALS

1.3 CONSTRUCTION SITE PLAN

1.4 MEASUREMENT AND PAYMENT

1.5 SEVERE WEATHER PLANNING

PART 2 PRODUCTS

2.1 TEMPORARY SIGNAGE

2.1.1 Bulletin Board

2.1.2 Project Identification Signs

2.2 TEMPORARY TRAFFIC CONTROL

2.2.1 Haul Roads

2.2.2 Barricades

2.3 FENCING

2.3.1 Polyethylene Mesh Safety Fencing

2.3.2 Chain Link Panel Fencing

2.3.3 Post-Driven Chain Link Fencing

2.4 TEMPORARY WIRING

PART 3 EXECUTION

3.1 EMPLOYEE PARKING

3.2 AVAILABILITY AND USE OF UTILITY SERVICES

3.2.1 Temporary Utilities

3.2.2 Payment for Utility Services

3.2.3 Meters and Temporary Connections

3.2.4 Sanitation

3.2.5 Telephone

3.2.6 Fire Protection

3.3 TRAFFIC PROVISIONS

3.3.1 Dust Control

3.4 MAINTENANCE DURING CONSTRUCTION

3.4.1 Maintenance When Work is Suspended

3.4.2 Spilled Materials

3.5 CONTRACTOR'S TEMPORARY FACILITIES

3.5.1 Administrative Field Offices

3.5.2 Storage Area

3.5.3 Supplemental Storage Area

3.5.4 Appearance of Trailers

3.5.5 Safety Systems

3.5.6 Weather Protection of Temporary Facilities and Stored Materials

3.5.6.1 Building and Site Storm Protection

3.6 PROTECTION OF EXISTING FACILITIES

SECTION 01 50 00 Page 1

***AMDT0001***

3.7 PLANT COMMUNICATIONS

3.8 TEMPORARY PROJECT SAFETY FENCING

3.9 CLEANUP

3.10 RESTORATION OF STORAGE AREA

ATTACHMENTS:

Attachment 1 - Project Sign

-- End of Section Table of Contents --

SECTION 01 50 00 Page 2

SECTION 01 50 00

TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

11/20, CHG 2: 08/22

PART 1 GENERAL

1.1 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.

NATIONAL FIRE PROTECTION ASSOCIATION (NFPA)

NFPA 70 (2023; ERTA 4 2023; ERTA 5 2023; ERTA 6

2023) National Electrical Code

NFPA 241 (2022) Standard for Safeguarding Construction, Alteration, and Demolition Operations

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 (2024) Safety -- Safety and Health Requirements Manual

1.2 SUBMITTALS

Government approval is required for submittals with a "G" or "S" classification. Submittals not having a "G" or "S" classification are for information only. When used, a code following the "G" classification identifies the office that will review the submittal for the Government.

Submit the following in accordance with Section 01 33 00 SUBMITTAL

PROCEDURES:

SD-01 Preconstruction Submittals

Construction Site Plan ; G

1.3 CONSTRUCTION SITE PLAN

Prior to the start of work, submit for Government approval a site plan showing the locations and dimensions of temporary facilities (including layouts and details, equipment and material storage area (onsite and offsite), and access and haul routes, avenues of ingress/egress to the fenced area and details of the fence installation. Identify any areas which may have to be graveled to prevent the tracking of mud. Indicate if the use of a supplemental or other staging area is desired. Show locations of safety and construction fences, site trailers, construction entrances, trash dumpsters, temporary sanitary facilities, and worker parking areas.

SECTION 01 50 00 Page 3

1.4 MEASUREMENT AND PAYMENT

No direct measurement for payment will be made for work required by this section. All costs for furnishing, setting up, maintaining, and removing temporary construction facilities and controls in accordance with this section shall be included in the contract price bid for MOBILIZATION AND DEMOBILIZATION as listed in the BIDDING SCHEDULE. Payment shall constitute full compensation for all labor, equipment, tools, maintenance, and incidentals necessary to establish and remove temporary construction facilities.

***AMDT0001***

1.5 SEVERE WEATHER PLANNING

Based on the weather forecast for sustained winds 50 knots (58 mph) or greater, monitor weather conditions a minimum of twice a day and take appropriate actions according to the Severe Weather Plan in the accepted Accident Prevention Plan and instructions below.

Unless otherwise directed by the Contracting Officer, comply with:

a. Condition FOUR (Sustained winds of 58 mph or greater expected within 72 hours): Normal daily jobsite cleanup and good housekeeping practices. Collect and store in piles or containers scrap lumber, waste material, and rubbish for removal and disposal at the close of each work day. Maintain the construction site including storage areas, free of accumulation of debris. Stack form lumber in neat piles less than 3.3 feet high. Remove all debris, trash, or objects that could become missile hazards. Review requirements pertaining to "Condition THREE" and continue action as necessary to attain "Condition FOUR" readiness. Contact Contracting Officer for weather and COR updates and completion of required actions.

b. Condition THREE (Sustained winds of 58 mph or greater expected within 48 hours): Maintain "Condition FOUR" requirements and commence securing operations necessary for "Condition ONE" which cannot be completed within 18 hours. Cease all routine activities which might interfere with securing operations. Commence securing and stow all gear and portable equipment. Make preparations for securing buildings. Reinforce or remove formwork and scaffolding. Secure machinery, tools, equipment, materials, or remove from the jobsite.

Expend every effort to clear all missile hazards and loose equipment from general base areas. Contact Contracting Officer for weather and COR updates and completion of required actions. Review requirements pertaining to "Condition TWO" and continue action as necessary to attain "Condition THREE" readiness.

c. Condition TWO (Sustained winds of 58 mph or greater expected within 24 hours): Secure the jobsite, and leave Government premises.

d. Condition ONE. (Sustained winds of 58 mph or greater expected within 12 hours): Contractor access to the jobsite and Government premises is prohibited.

***AMDT0001***

SECTION 01 50 00 Page 4

PART 2 PRODUCTS

2.1 TEMPORARY SIGNAGE

2.1.1 Bulletin Board

Prior to the commencement of work activities, provide a clear weatherproof covered bulletin board not less than 36 by 48 inches in size for displaying the Equal Employment Opportunity poster, a copy of the wage decision contained in the Contract, Wage Rate Information poster, Safety and Health Information as required by EM 385-1-1 , Chapter 02 and other information approved by the Contracting Officer. Coordinate requirements herein with 01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS. Locate the bulletin board at the project site in a conspicuous place easily accessible to all employees, and in location as approved by the Contracting Officer. Legible copies of the aforementioned data shall be displayed until work is completed. Upon completion of work the bulletin board shall be removed by and remain the property of the Contractor. No direct payment will be made for the bulletin board.

2.1.2 Project Identification Signs

The requirements for the signs, their content, and location are as indicated in Attachment 1 - Project Sign. The signs shall be erected within 5 calendar days after commencement of work. Upon completion of the project, the signs shall be removed from the site. No direct payment will be made for the project and safety signs.

2.2 TEMPORARY TRAFFIC CONTROL

2.2.1 Haul Roads

Construct access and haul roads necessary for proper prosecution of the work under this Contract in accordance with EM 385-1-1 , Chapter 02 and all necessary state and local requirements. Construct with suitable grades and widths; avoid sharp curves, blind corners, and dangerous cross traffic. Submit haul road plan for approval. Provide necessary lighting, signs, barricades, and distinctive markings for the safe movement of traffic. The method of dust control, although optional, must be adequate to ensure safe operation at all times. Location, grade, width, and alignment of construction and haul roads are subject to approval by the Contracting Officer. Lighting must be adequate to assure full and clear visibility for full width of haul road and work areas during any night work operations.

2.2.2 Barricades

Erect and maintain temporary barricades to limit public access to hazardous areas. Barricades are required whenever safe public access to paved areas such as roads, parking areas or sidewalks is prevented by construction activities or as otherwise necessary to ensure the safety of both pedestrian and vehicular traffic. Securely place barricades clearly visible with adequate illumination to provide sufficient visual warning of the hazard during both day and night.

2.3 FENCING

Provide fencing along the construction site and at all open excavations and tunnels to control access by unauthorized personnel. Safety fencing

SECTION 01 50 00 Page 5 must be highly visible to be seen by pedestrians and vehicular traffic.

All fencing must meet the requirements of EM 385-1-1 . Remove the fence upon completion and acceptance of the work.

2.3.1 Polyethylene Mesh Safety Fencing

Temporary safety fencing must be a high visibility orange colored, high density polyethylene grid, a minimum of 48 inches high and maximum mesh size of 2 inches . Fencing must extend from the grade to a minimum of 48 inches above the grade and be tightly secured to T-posts spaced as necessary to maintain a rigid and taut fence. Fencing must remain rigid and taut with a minimum of 200 pounds of force exerted on it from any direction with less than 4 inches of deflection.

2.3.2 Chain Link Panel Fencing

Temporary panel fencing must be galvanized steel chain link panels 6 feet high. Multiple fencing panels may be linked together at the bases to form long spans as needed. Each panel base must be weighted down using sand bags or other suitable materials in order for the fencing to withstand anticipated winds while remaining upright. Fencing must remain rigid and taut with a minimum of 200 pounds of force exerted on it from any direction with less than 4 inches of deflection.

2.3.3 Post-Driven Chain Link Fencing

Temporary post-driven fencing must be galvanized chain link fencing 6 feet high supported by an tightly secured to galvanized steel posts driven below grade. Fence posts must be located on minimum 10 foot centers.

Posts may be set in various surfaces such as sand, soil, asphalt or concrete as necessary. Chain link fencing must remain rigid and taut with a minimum of 200 pounds of force exerted on it from any direction with less than 4 inches of deflection. Completely remove fencing and posts at the completion of construction and restore surfaces disturbed or damaged to its original condition. Locate and identify underground utilities prior to setting fence posts. Equip fence with a lockable gate. Gate must remain locked when construction personnel are not present.

2.4 TEMPORARY WIRING

Provide temporary wiring in accordance with EM 385-1-1 Chapter 11, NFPA 241 and NFPA 70 . Include monthly inspection and testing of all equipment and apparatus.

PART 3 EXECUTION

3.1 EMPLOYEE PARKING

Construction Contract employees must park privately owned vehicles in an area designated by the Contracting Officer. Employee parking must not interfere with existing and established parking requirements of the Government installation.

3.2 AVAILABILITY AND USE OF UTILITY SERVICES

3.2.1 Temporary Utilities

Provide temporary utilities required for construction. Materials may be new or used, must be adequate for the required usage, not create unsafe

SECTION 01 50 00 Page 6 conditions, and not violate applicable codes and standards.

3.2.2 Payment for Utility Services

a. The responsibility shall be upon the Contractor to provide and maintain at his own expense an adequate supply of water for his use for construction and domestic consumption, and to install and maintain necessary supply connections and piping for same, but only at such locations and in such manner as may be approved by the Contracting Officer or his/her designated representative. Before final acceptance, temporary connections and piping installed by the Contractor shall be removed in a manner satisfactory to the Contracting Officer or his/her designated representative. The Contractor shall carefully conserve any utilities furnished without charge.

b. All electric current required by the Contractor shall be furnished at his own expense. All temporary lines will be furnished, installed, connected, and maintained by the Contractor in a workmanlike manner satisfactory to the Contracting Officer or his/her designated representative and shall be removed by the Contractor in like manner at his expense prior to final acceptance of the construction.

3.2.3 Meters and Temporary Connections

The Contractor, at its expense and in a manner satisfactory to the Contracting Officer or his/her designated representative, shall provide and maintain necessary temporary connections, distribution lines, and meter bases.

3.2.4 Sanitation

Provide and maintain within the construction area minimum field-type sanitary facilities in accordance with EM 385-1-1 , Chapter 35. Locate the facilities behind the construction fence or out of the public view. Clean units and empty wastes at least once a week or more frequently into a municipal, district, or station sanitary sewage system, or remove waste to a commercial facility. Obtain approval from the system owner prior to discharge into a municipal, district, or commercial sanitary sewer system. Penalties or fines associated with improper discharge will be the responsibility of the Contractor. Coordinate with the Contracting Officer and follow station regulations and procedures when discharging into the station sanitary sewer system. Maintain these conveniences at all times.

Include provisions for pest control and elimination of odors. Government toilet facilities will not be available to Contractor's personnel.

3.2.5 Telephone

Make arrangements and pay all costs for telephone facilities desired.

3.2.6 Fire Protection

Provide temporary fire protection equipment for the protection of personnel and property during construction. Remove debris and flammable materials weekly to minimize potential hazards.

SECTION 01 50 00 Page 7

3.3 TRAFFIC PROVISIONS

3.3.1 Dust Control

Dust control methods and procedures must be approved by the Contracting Officer. Coordinate dust control methods with 01 57 19 TEMPORARY

ENVIRONMENTAL CONTROLS.

3.4 MAINTENANCE DURING CONSTRUCTION

From the first day any work is done, the Contractor shall maintain in an equally satisfactory condition all of the items of work covered by the contract until they are finished, placed in service unfinished, or until all of the work is finally accepted. This maintenance shall be continuous and effective work prosecuted day by day with adequate equipment to the end of that roadway and structures are kept in satisfactory and acceptable condition. The Contractor shall be responsible for maintaining all barricades, danger, warning, and detour signs and lights as specified hereinafter. When no pay item for such maintenance is shown in the Bidding Schedule, the cost of maintenance shall be included in the price bid for other pay items, and no separate payment will be made.

3.4.1 Maintenance When Work is Suspended

If construction is suspended for any reason, the Contractor shall place the work in such condition as the Contracting Officer or his/her designated representative directs, before suspension, and shall maintain it in a condition satisfactory to the Contracting Officer or his/her designated representative throughout the period of the suspension.

3.4.2 Spilled Materials

The Contractor shall not allow spilled materials to remain on the highways. Spillage sufficient to create a traffic hazard shall be removed immediately. Other light spillage shall be removed daily.

3.5 CONTRACTOR'S TEMPORARY FACILITIES

Temporary facilities must meet requirements as identified in EM 385-1-1 , Chapter 4 .

Contractor is responsible for security of their property. Provide adequate outside security lighting at the temporary facilities. Trailers must be anchored to resist high winds and meet applicable state or local standards for anchoring mobile trailers. Coordinate anchoring with EM 385-1-1 , Chapter 5. The Contract Clause entitled "FAR 52.236-10, Operations and Storage Areas" and the following apply:

3.5.1 Administrative Field Offices

The Contractor shall provide and maintain administrative field office facilities within the construction area or a nearby offsite location. Any administrative field office facilities located within the construction area is subject to the approval of the Contracting Officer or his/her designated representative. Government office and warehouse facilities will not be available to the Contractor's personnel.

In the event a new building is constructed for the temporary project field office, it must be a minimum 12 feet in width, 16 feet in length and have

SECTION 01 50 00 Page 8 a minimum of 7 feet headroom. Equip the building with approved electrical wiring, at least one double convenience outlet and the required switches and fuses to provide 110-120 volt power. Provide a work table with stool, desk with chair, two additional chairs, and one legal size file cabinet that can be locked. The building must be waterproof, supplied with a heater, have a minimum of two doors, electric lights, a telephone, a battery-operated smoke detector alarm, a sufficient number of adjustable windows for adequate light and ventilation, and a supply of approved drinking water. Provide approved sanitary facilities. Screen the windows and doors and provide the doors with deadbolt type locking devices or a padlock and heavy-duty hasp bolted to the door. Door hinge pins must be non-removable. Arrange the windows to open and to be securely fastened from the inside. Protect glass panels in windows by bars or heavy mesh screens to prevent easy access. In warm weather, provide air conditioning capable of maintaining the office at 50 percent relative humidity and a room temperature 20 degrees F below the outside temperature when the outside temperature is 95 degrees F . Unless otherwise directed by the Contracting Officer, remove the building from the site upon completion and acceptance of the work.

3.5.2 Storage Area

Construct a temporary 6 foot high chain link fence around trailers and materials.

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