Amendment 1.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

DE-FB65-11WC94226 1 3

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO 5. PROJECT NO. (If applicable)

001 September 9, 2011 N/A 65-11WC94226-742

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

U.S. DEPARTMENT OF ENERGY

Western Area Power Administration 200 4

TH

ST SW

Huron, SD 57350-2474

James E. Dickey

(605) 353-2640

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (√√√√) 9A. AMENDMENT OF SOLICITATION NO.

ALL PROSPECTIVE BIDDERS X

DE-FB65-11WC94226

9B. DATED (SEE ITEM 11)

August 19, 2011

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE FACITLITY CODE

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. 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 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 OFO 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.)

DEVILS LAKE-CARRINGTON AND RUGBY-DEVILS LAKE

115-KV TRANSMISSION LINE STRUCTURE REPLACEMENT

NORTH DAKOTA

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

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

BY

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

NSN 7540-01-152-8070

PRE VIOUS EDITION UNUSABLE

30-105 STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

DEPARTMENT OF ENERGY

WESTERN AREA POWER ADMINISTRATION

Devils Lake-Carrington & Rugby-Devils Lake Solicitation No. DE-FB65-11WC94226

115-kV Transmission Line Structure Replacement, ND Amendment No. 001 Page 2 of 3

The purpose of this amendment is to incorporate necessary changes in the solicitation prior to receipt of bids as follows:

1. The date and time set for receipt of bids is not extended and remains September 20, 2011 at

2:00 PM , local time at place of bid opening.

2. In Section H, Special Contract Requirements, Clause No., WES-H-1034 as shown below, shall be included in this solicitation.

3. If you have given your copy of the specifications to someone else, please forward this amendment also.

H.16a WES-H-1034 LIMITATION OF FUNDS (FIXED-PRICE CONTRACT) (WAPA, JAN 2010)

(a) Pursuant to Section 12 of the Reclamation Project Act of 1939 (43 U.S.C.

388) and Section 641 of the Department of Energy (DOE) Organization Act (42

U.S.C. 7252), incremental funding will be made available in accordance with this clause. These statutes permit the Secretary of Energy to enter into contracts in which the liability of the United States shall be contingent upon the availability of appropriations. For purposes of this clause, incremental funding means funds appropriated by Congress to DOE and the Western Area Power

Administration (Western) and/or funds provided to DOE and Western through non-appropriated funding sources.

(b) Incremental funding in the amount of $(to be determined at time of award) is presently available and allotted under this contract for Devils

Lake-Carrington and Rugby-Devils Lake 115-kV Transmission Line Structure

Replacements, North Dakota. A schedule for anticipated future funding allotments follows. This information is for planning purposes only and does not represent funds actually allotted. Future funding will become available when allotted to the contract by modification. The contractor hereby acknowledges and assumes the risks associated with prosecuting work at a rate that exhausts allotted funds before the next installment of incremental funding becomes available. INCREMENTAL FUNDING AMOUNTS

Target funding date Percent

Contract Award Date 50%

180 Days After Award 50%

(c) For work identified in paragraph (b) of this clause, the contractor agrees to perform work up to the point at which the total amount payable by

Western is equal to the total amount currently allotted to the contract. The contractor shall not be obligated to continue performance of work beyond that point. Western shall not be obligated in any event to reimburse the contractor in excess of the amount allotted to the contract for work performed.

(d) (1) Notwithstanding the amounts specified in paragraph (b) of this clause, the contractor shall notify the Contracting Officer in writing: (i) at least thirty calendar days prior to the date when; in the contractor's best judgment, the work will reach the point at which the total amount funded by

Western will approximate 75 percent of the total amount currently allotted to the contract for performance of work identified in paragraph (b) of this clause, and (ii) an estimate of additional funding needed to continue performance of work up to the next target funding date identified in paragraph

(b) of this clause, or to a date as mutually agreed by the parties.

DEPARTMENT OF ENERGY

WESTERN AREA POWER ADMINISTRATION

Devils Lake-Carrington & Rugby-Devils Lake Solicitation No. DE-FB65-11WC94226

115-kV Transmission Line Structure Replacement, ND Amendment No. 001 Page 2 of 3

(2) If after such notification additional funds are not allotted by the next target funding date identified in the contractor's notification, or by the mutually agreed date, the Contracting Officer may, pursuant to the

"Termination for Convenience of the Government" clause of this contract, terminate any remaining work for which additional funds have not been allotted.

(e) The termination provisions of this clause do not limit the rights of

Western under the "Default" clause of this contract. The provisions of this clause are limited to performance of work as it relates to the incremental funding of this contract. This clause does not apply once the contract is fully funded.

(f) Change orders shall not be considered authorization to exceed the amount allotted by Western as specified in paragraph (b) of this clause unless the change order specifically includes the increased amount.

(g) Nothing in this clause affects the right of Western to terminate this contract pursuant to the "Termination for Convenience of the Government" clause of this contract.

(End of clause)