AMEND 3_06152020.pdf

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 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.

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

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

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

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

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

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.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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)

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 (Number, 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)

Previous edition unusable

Amendment 3 is hereby issued to provide the following:

- Questions and Answers

- Amended Proposal Guarantee/Bond information and instructions

North East Acquisition Team 4 Farm Colony Drive Warren PA 16365

See block 6

1224H820R0001

1 3

06/15/2020

05/15/2020

Solicitation: 1224H820R0001

Date: 15 Jun 2020

AMENDMENT 03:

QUESTIONS AND ANSWERS:

1. QUESTION: Could you clarify what is included with the lump sum excavation item (Item #20456)?

RESPONSE: The lump sum item is excavation includes road ditch reconstruction not covered in the roadway reconditioning line item and specification. It also covers broad base dips, reconstruction of culvert outlets, and reconstruction of lead off ditches.

CHANGES:

1. Contractor Note 5 is changed as follows:

FROM:

Due to mail/delivery limitations as a result of the COVID-19 pandemic, proposal guarantees must be submitted electronically via email with proposals. The original hardcopy proposal guarantee must be sent to the address in Block 8 of the SF1442 and received by 4:30 PM (EST) on June 17, 2020.

TO:

Due to mail/delivery limitations as a result of the COVID-19 pandemic, proposal guarantees must be submitted electronically via email with proposals. NO FAXES OR HARDCOPIES

WILL BE ACCEPTED.

2. Section L, 452.215-71 INSTRUCTIONS FOR THE PREPARATION OF TECHNICAL AND BUSINESS PROPOSALS (SEP 1999), is hereby changed as follows:

FROM:

(3) Offerors shall submit their proposal(s) via email to ashley.a.witmer@usda.gov in the following format and the quantities specified:

(a) 1 copy of the completed, signed offer (SF1442, Section B-Schedule of Items, and Section K- Offerors Reps and Certs). This serves as contractor’s priced proposal.

(b) 1 copies of the technical proposal.

mailto:ashley.a.witmer@usda.gov

(c) 1 Proposal guarantee submitted on an SF-24. Original hardcopy must be received by 4:30 PM (EST) on June 17, 2020. Electronic copy to be included in proposal package email submission.

TO:

(3) Offerors shall submit their quote(s) in the following format and the quantities specified via email to ashley.a.witmer@usda.gov:

(a) 1 copy of the completed, signed proposal (SF1442, Section B-Schedule of Items, and Section K-Offerors Representations and Certifications, and 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment).This serves as contractor’s priced portion of the quote.

(b) 1 copies of the technical package

(c) 1 Proposal guarantee submitted on an SF-24. Electronic copy to be included in proposal package email submission.

3. FAR clause 52.228-11, Pledges of Assets (AUG 2018) is hereby deleted in its entirety and replaced with the following:

52.228-11 Pledges of Assets (Aug 2018) [(DEVIATION APR 2020)]

(a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee, a performance bond, or a payment bond -

(1) Pledge of assets; and

(2) Standard Form 28, Affidavit of Individual Surety [, except that the words “being duly sworn, depose and say” on the Standard Form 28 are replaced with the word “affirm” and the Standard Form 28 is not required to be sworn and notarized in block 12].

(b)Pledges of assets from each person acting as an individual surety shall be in the form of-

(1)Evidence of an escrow account containing cash, certificates of deposit, commercial or Government securities, or other assets described in FAR 28.203-2(except see 28.203-2(b)(2) with respect to Government securities held in book entry form); and/or

(2)A recorded lien on real estate. The offeror will be required to provide-

(i)A mortgagee title insurance policy, in an insurance amount equal to the amount of the lien, or other evidence of title that is consistent with the requirements of Section 2 of the United States Department of Justice Title Standards at https://www.justice.gov/enrd/page/file/922431/download. This title evidence must show fee simple title vested in the surety along with any concurrent owners; whether any real estate taxes https://www.acquisition.gov/content/part-28-bonds-and-insurance#i1088189 https://www.acquisition.gov/content/part-28-bonds-and-insurance#i1088189 https://www.justice.gov/enrd/page/file/922431/download are due and payable; and any recorded encumbrances against the property, including the lien filed in favor of the Government as required by FAR 28.203-3(d);

(ii)Evidence of the amount due under any encumbrance shown in the evidence of title;

(iii)A copy of the current real estate tax assessment of the property or a current appraisal dated no earlier than 6 months prior to the date of the bond, prepared by a professional appraiser who certifies that the appraisal has been conducted in accordance with the generally accepted appraisal standards as reflected in the Uniform Standards of Professional Appraisal Practice, as promulgated by the Appraisal Foundation.

(End of Clause)

4. FAR clause 52.228-15 Performance and Payment Bonds—Construction (OCT 2010) is hereby deleted in its entirety and replaced with the following:

52.228-15 Performance and Payment Bonds-Construction. (OCT 2010) [(DEVIATION

APR 2020)]

(a) Definitions. As used in this clause-

Original contract price means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance bonds (Standard Form 25 [, except that a seal is not required]).

The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment bonds (Standard Form 25A [, except that a seal is not required]).

The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection. (i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

https://www.acquisition.gov/content/part-28-bonds-and-insurance#i1088221

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the:

U.S. Department of the Treasury, Financial Management, Service Surety Bond Branch, 3700 East West Highway, Room 6 F01, Hyattsville, MD 20782.

Or via the internet at http://www.fms.treas.gov/c570/.

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract

(End of Clause)

(End of Amendment 3) http://www.fms.treas.gov/c570/ http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3