Amendment No. 0002 07.01.10 ATTACHMENT.pdf

RECOVERY -- REPLACEMENT OF CHILLER 1 SYSTEM

An American Recovery and Reinvestment Act (ARRA) funded project

Solicitation No. AG-3142-S-10-0072 AMENDMENT No. 0002

This amendment answers questions submitted to date.

QUESTION NO. 1 - The solicitation, offer, and award, Page 1 states an offer guarantee (Bid bond) is required. However, I cannot find any of the required information needed to secure a bid bond.

1. Bond Percentage

2. Retention Rate

3. Maintenance Period

4. Liquated Damages

QUESTION NO. 2: I need to know who the bond needs to be made out too. As well as any additional oblige that needs to be put on the bond. I don’t see the bond info in the paper work. Also need the start date of the project as well as the finish date. Is there liquidated damages?

QUESTION NO. 3: Also need to know the bond amount as well as the retention amount on the project.

Thanks

ANSWER TO QUESTIONS NO. 1, 2, AND 3:

The following two (2) contract clauses are added to PART II -- Contract Clauses, SECTION 00200 -- CONTRACT CLAUSES of the Solicitation:

FAR 52.228-1 BID GUARANTEE (SEPT 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable after the opening of bids;

and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be _20%_____ percent of the bid price or $_300,000.00_, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of provision)

RECOVERY -- REPLACEMENT OF CHILLER 1 SYSTEM

An American Recovery and Reinvestment Act (ARRA) funded project

Solicitation No. AG-3142-S-10-0072 AMENDMENT No. 0002

FAR 52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEPT 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of __$800____ [Contracting Officer insert amount] for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

Reference AGAR 452.211-74 Period of Performance, in PART II -- Contract Clauses, SECTION 00200 -- CONTRACT CLAUSES of this Solicitation, addressing the start and finish date of the work.

Reference to “Maintenance Period”, “Retention Rate,” and “retention amount” are unclear to the USDA.

Please provide specific questions relating to these issues, if any.

QUESTION NO. 4: American Combustioies Inc. is requesting a scheduled second site visit for all interested bidders for the chiller replacement job at USDA. We feel a second site visit will not only benefit the contractors, but also the government by having a more accurate and competitive bid. We feel that the first site visit was very rushed and we were asked to leave before acquiring enough information. Please consider our request and reply promptly so that the bid can be completed by July 7 th

ANSWER TO QUESTION NO. 4: Prospective offerors were given ample time to review the facilities.

There was not a time limit for the prospective offerors to review the facilities. The Contract Specialist did not rush anyone to leave the facilities and prospective offerors did not request additional time to review the facilities. Additional site visits will not be granted.