B.08 RFP_Att#11 - Letter of Commitment Forms.docx

DOCX document 19 KB Posted

Attached to
Water Supply Storage System Bazum Village, Armenia (Design-Build Construction)
Solicitation number
W912GB26RA030
Issued by

About this file

This file is a template document providing sample Letter of Commitment forms for offerors to submit with their proposals for the Water Supply Storage System project in Bazum Village, Armenia.

The document contains two alternative commitment letter formats. Alternative 1 addresses subcontractor commitments, in which a prime contractor commits to using a named subcontractor for specified services and the subcontractor agrees to perform under the prime. Alternative 2 addresses affiliate commitments, where a prime contractor commits to using a named affiliate for defined services or contributions. Both formats allow the prime contractor to be credited with the experience, expertise, and past performance of the subcontractor or affiliate as they relate to the work described in the commitment letter. Both alternatives include critical provisions stating that no substitution of the subcontractor or affiliate may occur without prior written approval from the Contracting Officer, whose decision is discretionary and based on factors such as qualification equivalency and project execution viability. The letters must be completed with all required information, signed by authorized representatives of all parties, and submitted with the proposal. Each letter becomes null and void if the prime contractor is not awarded the contract.

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LETTER OF COMMITMENT SAMPLE

See Solicitation Evaluation Factors for Award

If an Offeror wishes to be credited with the past performance of a subcontractor, team member, or affiliate (defined in FAR 2.101), the appropriate Letter of Commitment below must be completed with all information required, signed by authorized representatives of all parties and submitted with the proposal. Offerors should select the appropriate Commitment Letter sample from the following alternatives as applicable:

· Alternative 1 Subcontractor Commitment

· Alternative 2 Affiliate Commitment

*********** ALTERNATIVE 1************

LETTER OF COMMITMENT WITH SUBCONTRACTOR

(PRIME CONTRACTOR LETTERHEAD)

US Army Corps of Engineers (Insert Date)

ATTN: (DEPARTMENT/NAME)

McCully Barracks, Bldg. 6206 Ober-Olmer-Strasse 55263 Ingelheim am Rhein, Germany

Subject: Letter of Commitment for Solicitation No. XXXXXXXXXXX, Project Name

In the event that Prime Contractor X is awarded a contract under the subject solicitation, Prime Contractor X commits to using Subcontractor Y as a subcontractor for the services described in this Letter of Commitment and Subcontractor Y agrees to perform as a subcontractor to Prime Contractor X for those services.

Prime Contractor X will perform as the prime contractor while Subcontractor Y will perform the following services as a subcontractor under the resultant contract:

(Describe the work to be performed by the subcontractor, i.e. electrical, mechanical, civil, etc.)

Prime Contractor X may be credited with the experience, expertise and/or past performance of Subcontractor Y as they relate to the services described in this Letter of Commitment.

In the event that Prime Contractor X is awarded the resultant contract, another firm cannot be substituted for Subcontractor Y without prior written approval of the contracting officer. Approval or disapproval of a substitute subcontractor is a matter within the sole discretion of the Contracting Officer, considering such factors as whether the contracting officer considers the proposed substitute to be equally qualified and the substitution to be in the best interests of project execution.

In approving a substitution, the contracting officer may impose such conditions on the substitution as the contracting officer deems appropriate in the exercise of his/her sole discretion.

In the event Prime Contractor X is not awarded a contract under the subject solicitation, this Letter of Commitment is null and void.

Signatures:________________________________________
John D. PrimeHans Richard
Authorized RepresentativeAuthorized Representative
Prime Contractor XSubcontractor Y
TitleTitle

ALTERNATIVE 2

LETTER OF COMMITMENT WITH AFFILIATE

(PRIME CONTRACTOR LETTERHEAD)

US Army Corps of Engineers (Insert Date)

ATTN: (DEPARTMENT/NAME)

McCully Barracks, Bldg. 6206 Ober-Olmer-Strasse 55263 Ingelheim am Rhein, Germany

Subject: Letter of Commitment for Solicitation No. XXXXXXXXXX, In the event that Prime Contractor X is awarded a contract under the subject solicitation (Contract), Prime Contractor X commits to using Affiliate Y for the services or other contributions described in this Letter of Commitment and Affiliate Y commits to perform such services or to make such contributions in furtherance of Prime Contractor X's performance of the Contract.

Prime Contractor X will perform as the prime contractor while the Affiliate Y will perform the following services or make the following contributions in furtherance of Prime Contractor X's performance of the Contract:

(Describe the type[s] of contributions and services to be performed by the Affiliate Y, e.g., electrical, mechanical, civil, design, services; or the specific equipment or types and quantities of affiliate personnel who will be committed to work on this Contract. There must be sufficient detail provided here about Affiliate Y's contributions to the Contract effort to enable the Government to assess if the Affiliate Y's participation will be meaningful enough to warrant crediting Prime Contractor X with the experience, expertise and/or past performance of Affiliate Y).

Prime Contractor X may be credited with the experience, expertise and/or past performance of Affiliate Y to the extent they relate to the services or contributions described in this Letter of Commitment.

In the event that Prime Contractor X is awarded the Contract, another firm cannot be substituted for Affiliate Y without prior written approval of the contracting officer. Approval or disapproval of a substitute firm is a matter within the sole discretion of the Contracting Officer, considering such factors as whether the contracting officer considers the proposed substitute to be equally qualified and the substitution to be in the best interests of project execution.

In approving a substitution, the contracting officer may impose such conditions on the substitution as the contracting officer deems appropriate in the exercise of his/her sole discretion.

In the event Prime Contractor X is not awarded the Contract, this Letter of Commitment is null and void.

John D. PrimeHans Richard
Authorized RepresentativeAuthorized Representative
Prime Contractor XAffiliate Y
TitleTitle

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