W912WJ-16-B-0018_-_Amendment_2.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

The purpose of this amendment is to provide the follow ing:

1. Revisions to the Specif ications

2. Change the bid opening time on 9/19/2016 from 02:00 pm EST to 11:00 am EST

3. Provide Response to RFI

4. Correct the Size Standard for NAICS Code 237990

5. Changes to the Bid Schedule

All other aspects of the solicitation remain the same.

1. CONTRACT ID CODE PAGE OF PAGES

1 12

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

16C. DATE SIGNED

BY 11-Sep-2016

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912WJ-16-B-0018

X 9B. DATED (SEE ITEM 11)

19-Aug-2016

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

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

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

11-Sep-2016

CODE

US ARMY ENGR DISTRICT, NEW ENGLAND

696 VIRGINIA ROAD

CONCORD MA 01742-2751

W912WJ 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912WJ-16-B-0018

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00010 - SOLICITATION CONTRACT FORM

The required response date/time has changed from 19‐Sep‐2016 02:00 PM EST to 19‐Sep‐2016

11:00 AM EST.

The required performance has changed from SIZE STANDARD: $36,500,000 to $27,500,000.

SECTION 00100 - BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

AMENDMENT 2

Solicitation Revisions

Revised Sections of the Solicitation are as follows:

1. The Bid Opening time has been changed from 02:00 pm to 11:00 am (EST).

2. Changes to the specification section have been include in this amendment. PDF attachments accompany the specifications changes.

3. The Size Standard for NAICS Code 237990 is changed from $36,000,000 to $27,500,000.

RFI

1. Regarding the subject solicitation, Optional Bid Items 0004 and 0005 have identical descriptions. Please identify the distinction between each and show on the plans the locations of the material for each bid item.

Response: Optional bid item 0004 has been revised to include the limit of dredging. A revised bid schedule, narrative change to Special Contract Requirements Section 00 80 00 and measurement and payment section 01 22 00 have also been made to define the location of Option item 0004. Option Item 0005 is all of the remaining dredging within the limits shown on the contract drawings.

1.1 CHANGES TO SPECIFICATIONS

1.1.1 Narrative Changes

1.Section 01 22 00 MEASUREMENT AND PAYMENT to be amended as follows:

Under subpart 1.4. OPTIONAL BID ITEMS 0004; remove “Maintenance Dredging of Unsuitable Material in the 40-Foot Main Ship ChannelUpstream of the limit of FAA Zone 27, 35-Foot Channel and Inner Confluence” in its entirety and replace with the following:

“Maintenance Dredging of Unsuitable Material in the 40-Foot Main Ship Channel between Station 259+10 and 266+50”

Under subpart 1.4. OPTIONAL BID ITEM 0005, remove “Maintenance Dredging of Unsuitable Material in the 40-Foot Main Ship Channel Upstream of the Limit of FAA Zone 27, 35-Foot Channel and Inner Confluence" in its entirety and replace with the following “Maintenance Dredging of Unsuitable Material in the 40-Foot Main Ship Channel Upstream of Station 266+50, 35-Foot Channel and Inner Confluence.”

Under subpart 1.4. OPTIONAL BID ITEMS Subpart f: remove the paragraph in its entirety and replace with the following “Measurement of Item Nos. 0003, 0004, and 0005; will be made by computing the volume between the bottom surface shown by soundings of the last pre-dredge survey made before dredging begins and the bottom elevation shown by the soundings of a post-dredge survey made as soon as practicable after the removal of the material.”

2.Section 01 57 20, ENVIRONMENTAL PROTECTION, Subpart 3.1.1 is amended as indicated in Boldface type, below:

3.1.1 Fisheries Observer

(No changes to first paragraph)

Sonar (hydroacoustic monitoring equipment) shall be a side-scan type, which can provide a low target recognition value, distance to fish, determine the direction the fish are traveling, and provide a record of the information collected electronically. The fish observer will scan the placement area from at least 30 minutes prior to a material placement event until the material is released from the scow. The scans will be performed 360o around the placement location. The side scan sonar should cover about 150 feet on either side of the vessel.

The observer will make as many passes around the placement location as needed to feel confident there were no fish in the area. A minimum of two passes with no observed fish shall be conducted prior to approving the initiation of the placement.

Fish startle equipment shall be capable of deterring fish from the family Clupeidae (blueback herring, alewife) using high amplitude sound at specific frequencies. The equipment shall be similar or approved equal to Electronic Fish Startle System (EFSS) by Sonalysts, Inc., 215 Parkway North, Waterford, CT. Fifteen (15) minutes prior to a disposal event, the Contractor will deploy the fish startle system on a vessel that allows for startle system coverage of the CAD cell area that will be used. The operation of the system will extend throughout the duration of the placement event.

3.1.1.1 Fish Observer/Contractor Communication

The contractor shall provide for clear and constant communication between the fish observer and the scow personnel. It shall be the sole responsibility of the fish observer to determine when conditions are favorable for the placement of material into the CAD cell based on fishery observations. The fish observer will not give approval for initiation of the placement activity until s/he has determined, through use of appropriate technology, that no schools of fish are present in the placement area. However, the on-site safety officer shall have the authority and responsibility to override the fish observer’s determination at those times when either safety concerns or regulatory compliance becomes an issue.

3.1.1.2 Fish Observer Reports

The fish observer will prepare an after action report for all placement events monitored. The report will include the date and time monitoring was initiated, deployment and retrieval of the fish startle system, the time of the placement, current speed and direction, tidal conditions, and weather observations throughout the day, and other pertinent observations. The fish observer will note if fish were observed in the project area prior to placement and if there were any dead or injured fish after the event. If applicable, the fish observer will record the number of fish killed or injured, and species including representative sizes and weights. Any equipment or operational issues that may have contributed to the fish kill will also be noted.

Daily reports of the Fish Observer Observations and Findings shall meet the requirements of the 401 Water Quality Certification Amendment 1(attached hereto), as provided in these specifications, and shall be emailed to the US Army Corps Evaluation Branch addressed to:

Mr. Todd Randall, Todd.A.Randall@usace.army.mil, phone: 1-978- 318- 8518.

If a fish kill is observed, the fisheries observer will notify the Resident Engineer, the Project Manager or Study Manager and the Environmental Resources Team Member immediately. Pertinent information along with the fish observer’s report will be forwarded to the above parties as soon as possible. Based on the fish observer’s report, the Project Manager, or Study Manager, will convene a meeting with the Resident Engineer and appropriate personnel to discuss events and to determine what, if any, corrective actions can be taken to reduce the changes of further fish mailto:Todd.A.Randall@usace.army.mil kills.

3.1.1.3 Section 01 57 20 ENVIRONMENTAL PROTECTION; add “401 WATER QUALITY CERTIFICATION – Amendment 1” dated August 31, 2016, Attachment 1, to the end of this Specification Section.

3.1.1.4 Section 01 57 20 ENVIRONMENTAL PROTECTION; add the “US Army Corps of Engineers New England District study, entitled EVALUATION

OF FISH PROTECTION MEASURES ASSOCIATED WITH DISPOSAL OF DREDGED

MATERIAL INTO CONFINED AQUATIC DISPOSAL CELLS IN BOSTON HARBOR”,

dated August 2016, Attachment 2, to the end of this Specification Section.

END OF AMENDMENT TO SPECIFICATIONS

The following have been modified as shown in Boldface type, below:

BID SCHEDULE

Refer to Section 01 22 00 MEASUREMENT AND PAYMENT

Item Estimated Unit Estimated

No. Description Quantity Unit Price Amount

BASE BID

01 Mobilization and Demobilization for Dredging and Disposal 1 Job Job $________

0002 Construction of Confined Aquatic Disposal (CAD) Cell In the 40-Foot Main Ship Channel

0002AA First 863,000 CD 863,000 CD $ $

0002AB Over 863,000 CD 152,120 CD $ $

TOTAL ESTIMATED AMOUNT, BASE BID ITEMS $

OPTIONAL ITEMS

0003 Maintenance Dredging of Unsuitable Material in the 40-Foot Main Ship Channel from Station 210+00 through upstream limit of FAA Zone 27

0003AA First 140,000 CD 140,000 CD $ $

0003AB Over 140,000 CD 62,215 CD $ $

0004 Maintenance Dredging of Unsuitable Material in the 40-Foot Main

Ship Channel between Station 259+10 and 266+50

0004AA First 60,000 CD 60,000 CD $ $

0004AB Over 60,000 CD 40,000 CD $ $

0005 Maintenance Dredging of Unsuitable Material in the 40-Foot Main

Ship Channel Upstream of Station 266+50, 35-Foot Channel and Inner Confluence

0005AA First 355,000 CD 355,000 CD $ $

0005AB Over 355,000 CD 148,380 CD $ $

TOTAL ESTIMATED AMOUNT, BASE BID AND OPTIONAL ITEMS $

Note 1: Bidders must bid all items. The work will be awarded as a whole to one bidder. Offers will be evaluated and the low bidder determined by the Total Estimated Amount for Line Items 0001 through 0005 including the Base Bid Items and the Optional Items. The minimum work awarded will be the Base Bid work.

Note 2: Item Numbers 0002, 0003, 0004 and 0005 are subdivided into two estimated quantities and are to be separately priced. The Government will evaluate these items on the basis of the total price of their sub-item.

See SPECIAL CONTRACT REQUIREMENTS, Clause "VARIATIONS IN ESTIMATED

QUANTITIES - SUBDIVIDED ITEMS - UAI 52.211-5001."

Note 3: All work shall be completed within the time period specified in Section 00 80 00 SPECIAL CONTRACT REQUIREMENTS, Subpart "COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK (APR 1984) FAR 52.211-10."

Note 4: In the event there is a difference between a unit price and the extended total, the unit price will be held to be the intended bid. If the bidder shows only the total price but fails to enter a unit price, the total divided by the estimated quantity will be held to be the intended unit price.

Note 5: Item Numbers 0003 through 0005 above are Optional Line Items that may, at the option of the Government, be exercised within 180 days of the notice to proceed.

Note 6: "CD" = Cubic Yard

-- End of Bidding Schedule --

SECTION 00600 - REPRESENTATIONS & CERTIFICATIONS

The following have been modified:

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APR 2016)

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

(2) The small business size standard is $27,500,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(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 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, 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:

( ) Paragraph (d) applies.

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

(iv) 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.

(v) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

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

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

(viii) 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.

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

(x) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(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.

(xi) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiv) 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 items.

(xv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

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

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

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

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

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

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

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

(xxii) 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:

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

(ii) 52.204-20, Predecessor of Offeror.

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

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

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

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

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

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database 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 [offeror to insert changes, identifying change https://www.acquisition.gov/ by clause number, title, date]. These 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)

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014)

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

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

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (b) of this provision.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

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

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

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

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

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

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

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

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

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

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

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

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

(2) The small business size standard is $27,500,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(c) Representations. (1) The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern. (2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

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

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ --.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.] The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ --.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

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

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

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(8)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ --.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Notice.

(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

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

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

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

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

(End of provision)

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

The following have been modified as shown below in bold face text:

SPECIAL CONTRACT REQUIREMENTS

SECTION 00 80 00

SPECIAL CONTRACT

REQUIREMENTS

02/95

12. VARIATIONS IN ESTIMATED QUANTITIES — SUBDIVIDED ITEMS (MAR 1995) — UAI

52.211-5001

This variation in estimated quantities clause is applicable only to Item Numbers 0002, 0003, 0004 and 0005.

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

(b)Where the actual quantity of work performed for Item Numbers 0002, 0003, 0004 and 0005 is less than 85% of the quantity of the first sub-item listed under such item, the Contractor will be paid at the contract unit price for that sub-item for the actual quantity of work performed and, in addition, an equitable adjustment shall be made in accordance with the clause FAR 52.211-18, Variation in Estimated Quantities.

(c) If the actual quantity of work performed under Item Numbers 0002 through 0005 exceeds 115% or is less than 85% of the total estimated quantity of the sub-item under that item and/or if the quantity of the work performed under the second sub-item or any subsequent sub-item under Item Numbers 0002, 0003, 0004 and 0005 exceeds 115% or is less than 85% of the estimated quantity of any such sub-item, and if such variation causes an increase or a decrease in the time required for performance of this contract the contract completion time will be adjusted in accordance with the clause FAR 52.211-18, Variation in Estimated Quantities.

(End of Summary of Changes)