EP 1165-2-1
30 Jul 99
easements, rights-of-way or relocations. Owner removal and
replacement costs are economic costs of the project that must be
reflected in the calculation of net national economic development
benefits. Where necessary, the Corps may also have the option to
remove the obstruction itself. The costs to the Corps of removing the
obstruction will be considered costs of the GNFs of the project and
shared accordingly. In the event a court determines that the owner of
a facility within the navigation servitude is entitled to payment of
just compensation as a result of a removal action, that compensation
amount will be considered a cost for lands, easements, and rights-of-
way, which the non-Federal sponsor will be required to pay in
accordance with Section 101(a)(3) of WRDA 1986, as amended. If the
court also determines the appropriate measure of just compensation is
provision of, or payment based on, a substitute facility, this will be
considered a relocation, which the non-Federal sponsor will be
required to provide in accordance with Section 101(a)(3) of WRDA 1986,
as amended.
10-5. Water Quality Requirements. State water quality certification
or a waiver thereof is required by the Clean Water Act of 1977 prior
to discharge of dredged or fill material into waters of the United
States. (See paragraph 3-5)
10-6.
Accomplishment of Construction Work.
a. Use of Contractors. It is Corps policy to accomplish
Federal civil works improvement by contract with private construction
firms through competitive bidding to the greatest extent possible.
Contracts are advertised and administered in accordance with the
Federal Acquisition Regulation (FAR) and as further defined in the
Department of Defense Supplement (DFARS), Army Supplement (AFARS) and
Engineer Supplement (EFARS).
b. Construction Management Support Services. Contracting with
private firms to perform construction management services is
appropriate under certain circumstances, such as, when adequate
numbers of Corps personnel are not available or when specific
technical expertise must be obtained. Surveying and materials testing
services are examples of supportiveness which lend themselves to
contracting out. The management functions of all Civil Works field
offices is to be retained as an internal function and not delegated to
private contractors. See ER 415-2-100 for detailed guidance on
staffing of Civil Works projects.
c. Use of Government Plant and Hired Labor. Work is
accomplished with Government owned plant and hired labor when it is of
a type in which contractors are not interested; where advertisement of
the work resulted in procurement of unacceptable bids and suitable
government plant existed and was utilized as the basis of the
Government estimate; or when it requires special equipment or
qualifications for doing the work which are not generally available to
the contracting industry. Bank revetment work with special
Government-owned plant is an example of the latter case. Public Law
95-269 provides that the Secretary of the Army, acting through the
Chief of Engineers, carry out projects for river and harbor
improvements by contract or otherwise in the manner most economical
and advantageous to the United States. The Act provides for carrying
out dredging and related work by contract when this work can be
accomplished at reasonable prices and in a timely manner. In this
regard, Public Law 95-269 provides that dredging or related works of
river and harbor improvement shall be done by contract if: (1) the
contract price is less than 125 percent of the cost of doing the work
10-14
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