Solicitation Amendment FA301024Q00320001 SF 30.pdf

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Attached to
BBEC Iron Gate Replacement Federal contract opportunity
Solicitation number
FA301024Q0032
Issued by
Department of the Air Force Air Education and Training Command

About this file

This document is a Solicitation Amendment for a federal contract opportunity. The purpose of this amendment is to make several changes to the original solicitation, including extending the number of calendar days for certain requirements, changing the date of the site visit, and modifying some contract clauses.

The key details are:

  • The solicitation number is FA301024Q0032 for the BBEC Iron Gate Replacement project at Keesler AFB.
  • The magnitude of the proposed construction is between $25,000 and $100,000.
  • This is a Total Small Business set-aside acquisition.
  • The solicitation has been amended to: 1) change the number of calendar days in various clauses, 2) change the date of the site visit, and 3) modify the text of several contract clauses.
  • All other terms and conditions of the original solicitation remain unchanged.

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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 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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)

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.)

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

(Signature of person authorized to sign)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C. DATE SIGNED

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES

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

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

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBE

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

The purpose of this amendment is to:Block 14 (Description of Amendment/Modification):

1.) Change the number of calendar days in box 13(d) from 10 calendar days to 90 calendar days.

2.) Change the number of calendar days in Clause 52.211-10 from 240 to 30.

3.) Change the number of calendar days in Clause 52.228-13 to 10 calendar days.

4.) Change the date of the site visit in Block 10 from 28 August 2024 to 02 September 2024.

All other terms and conditions remain unchanged.

Section I - Contract Clauses

Miscellaneous text in this section has been modified to:

Reference clause 252.204-7004 DOD Antiterrorism Awareness Training for Contractors

Contractors and their employees requiring routine physical access to a Federally controlled facility or military installation are required to complete the computer-based Level 1 Anti-Terrorism Awareness Training found at . https://jkodirect.jten.mil/Atlas2/page/login/Login.jsf Contractor shall submit a report on completed training to the Contracting Officer at the start of the contract, and on an annual basis thereafter when applicable, for all prime and subcontractor employees who will routinely work on Keesler AFB for the duration of the contract period of performance.

52.222-6 Construction Wage Rate Requirements.

Construction Wage Rate Requirements (Aug 2018)

(a) Definition.--"Site of the work"--

(1) Means--

(i) The primary site of the work. The physical place or places where the construction called for in the contract will remain when work on it is completed; and

(ii) The secondary site of the work, if any. Any other site where a significant portion of the building or work is constructed, provided that such site is-

(A) Located in the United States; and

(B) Established specifically for the performance of the contract or project;

(2) Except as provided in paragraph (3) of this definition, includes any fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., provided-

(i) They are dedicated exclusively, or nearly so, to performance of the contract or project; and

(ii) They are adjacent or virtually adjacent to the "primary site of the work" as defined in paragraph (a)(1)(i), or the "secondary site of the work" as defined in paragraph (a)(1)(ii) of this definition;

(3) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool yards of a Contractor or subcontractor whose locations and continuance in operation are determined wholly without regard to a particular Federal contract or project. In addition, fabrication plants, batch plants, borrow pits, job headquarters, yards, etc., of a commercial or material supplier which are established by a supplier of materials for the project before opening of bids and not on the Project site, are not included in the "site of the work." Such permanent, previously established facilities are not a part of the "site of the work" even if the operations for a period of time may be dedicated exclusively or nearly so, to the performance of a contract.

FA301024Q00320001

(b)

(1) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act ( )), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of 29 CFR Part 3 payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, or as be incorporated for a secondary site of the work, regardless of any contractual relationship which be alleged to exist between may may the Contractor and such laborers and mechanics. Any wage determination incorporated for a secondary site of the work be effective from the first shall on which work under the contract was performed at that site and be incorporated without any adjustment in contract price or estimated cost. day shall Laborers employed by the Contractor or subcontractor that are transporting portions of the between the construction construction building or work secondary site of the work and the primary site of the work be paid in accordance with the wage determination applicable to the primary site of shall the work.

(2) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Construction Wage Rate Requirements statute on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (e) of this clause; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such period.

(3) Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in the clause entitled Apprentices and Trainees. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed.

(4) The wage determination (including any additional classifications and wage rates conformed under paragraph (c) of this clause) and the Construction Wage Rate Requirements (Davis-Bacon Act) poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the primary site of the work and the secondary site of the work, if any, in a prominent and accessible place where it can be easily seen by the workers.

(c)

(1) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefor only when all the following criteria have been met:

(i) The work to be performed by the classification requested is not performed by a classification in the wage determination.

(ii) The classification is utilized in the area by the construction industry.

(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

(2) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the:

Wage and Hour Division

U.S. Department of Labor

Washington, DC 20210

The Administrator or an authorized representative will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary.

(3) In the event the Contractor, the laborers or mechanics to be employed in the classification, or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the Contracting Officer, to the Administrator of the Wage and Hour Division for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary.

(4) The wage rate (including fringe benefits, where appropriate) determined pursuant to paragraphs (c)(2) and (c)(3) of this clause shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

(d) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

(e) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided, That the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Construction Wage Rate Requirements statute have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

(End of clause)

52.211-10 Commencement, Prosecution, and Completion of Work.

Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor be required to (a) commence work under this contract within calendar days after award, (b) prosecute the work diligently, and shall 10

(c) complete the entire work ready for use not later than .* The time stated for completion 30 calendar days starting 10 calendar days after award shall include final cleanup of the premises.

* The specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date. Contracting Officer shall

(End of clause)

52.228-14 Irrevocable Letter of Credit.

Irrevocable Letter of Credit (Nov 2014)

(a) " " (ILC), as used in this clause, means a written commitment by a federally insured financial institution to pay all or part Irrevocable letter of credit of a stated amount of money, until the expiration date of the letter, upon presentation by the Government (the beneficiary) of a written demand therefor. Neither the financial institution nor the /Contractor can revoke or condition the letter of credit. offeror

(b) If the intends to use an ILC in lieu of a bid bond, or to secure other types of bonds such as performance and payment bonds, the letter of offeror credit and letter of confirmation formats in paragraphs (e) and (f) of this clause be used. shall

(c) The letter of credit be irrevocable, require presentation of no document other than a written demand and the ILC (including confirming shall shall letter, if any), be issued/confirmed by an acceptable federally insured financial institution as provided in paragraph (d) of this clause, and- shall

(1) If used as a bid guarantee, the ILC expire no earlier than 60 days after the close of the bid acceptance period; shall

(2) If used as an alternative to corporate or individual as security for a performance or payment bond, the /Contractor submit an sureties offeror may ILC with an initial expiration date estimated to cover the entire period for which financial security is required or submit an ILC with an initial may expiration date that is a minimum period of one year from the date of issuance. The ILC provide that, unless the issuer provides the beneficiary shall written notice of non-renewal at least 60 days in advance of the current expiration date, the ILC is automatically extended without amendment for one year from the expiration date, or any future expiration date, until the period of required coverage is completed and the provides Contracting Officer the financial institution with a written statement waiving the right to payment. The period of required coverage be: shall

(i) For contracts subject to 40 U.S.C. chapter 31, subchapter III, Bonds, the later of-

(A) Oneyear following the expected date of final payment;

(B) For performance bonds only, until completion of any period; or warranty

(C) For payment bonds only, until resolution of all filed against the payment bond during the one-year period following final payment. claims

(ii) For contracts not subject to 40 U.S.C. chapter 31, subchapter III, Bonds, the later of-

(A) 90 days following final payment; or

(B) For performance bonds only, until completion of any period. warranty

(d)

(1) Only federally insured financial institutions rated investment grade by a commercial rating service issue or confirm the ILC. shall

(2) Unless the financial institution issuing the ILC had letter of credit business of at least $25 million in the past year, ILCs over $5 million be must confirmed by another acceptable financial institution that had letter of credit business of at least $25 million in the past year.

(3) The /Contractor provide the a credit rating that indicates the financial institutions have the required credit rating Offeror shall Contracting Officer as of the date of issuance of the ILC.

(4) The current rating for a financial institution is available through any of the following rating services registered with the U.S. Securities and Exchange Commission (SEC) as a Nationally Recognized Statistical Rating Organization (NRSRO). NRSRO's can be located at the website http://www.sec.gov/answers/nrsro.htm maintained by the SEC.

(e) The following format be used by the issuing financial institution to create an ILC: shall

_________________________________________________ [ ]Issuing Financial Institution's Letterhead orNameandAddress

Issue Date __________

Irrevocable Letter of Credit No. _______________________

Account party's name _______________________________

Account party's address ______________________________

For No. _________________ ( ) Solicitation for reference only

To: [ ]U.S. Government agency

[ ]U.S. Government agency's address

1. We hereby establish this irrevocable and transferable Letter of Credit in your favor for one or more drawings up to $______. This United States Letter of Credit is payable at [ ] office at [issuing financial institution's and, if any, confirming financial institution's issuing financial institution's

] and expires with our close of business on ___________, or any automatically extended address and, if any, confirming financial institution's address expiration date.

2. We hereby undertake to honor your or the transferee's sight draft(s) drawn on the issuing or, if any, the confirming financial institution, for all or any part of this credit if presented with this Letter of Credit and confirmation, if any, at the office specified in paragraph 1 of this Letter of Credit on or before the expiration date or any automatically extended expiration date.

3. [ .] It is a condition of this Letter of Credit that it This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered is deemed to be automatically extended without amendment for oneyear from the expiration date hereof, or any future expiration date, unless at least 60 days prior to any expiration date, we notify you or the transferee by registered mail, or other receipted means of delivery, that we elect not to consider this Letter of Credit renewed for any such additional period. At the time we notify you, we also agree to notify the account party (and confirming financial institution, if any) by the same means of delivery.

4. This Letter of Credit is transferable. Transfers and assignments of proceeds are to be effected without charge to either the beneficiary or the transferee/assignee of proceeds. Such transfer or assignment be only at the written direction of the Government (the beneficiary) in a form shall satisfactory to the issuing financial institution and the confirming financial institution, if any.

5. This Letter of Credit is subject to the Uniform Customs and Practice (UCP) for Documentary Credits, International Chamber of Commerce Publication No. _____________________ (Insert version in effect at the time of ILC issuance, e.g., "Publication 600, 2006 edition") and to the extent not inconsistent therewith, to the laws of _____________________ [State of confirming financial institution, if any, otherwise State of issuing financial institution].

6. If this credit expires during an interruption of business of this financial institution as described in Article 17 of the UCP, the financial institution specifically agrees to effect payment if this credit is drawn against within 30 days after the resumption of our business.

Sincerely, _______________________________ [ ]Issuing financial institution

(f) The following format be used by the financial institution to confirm an ILC: shall

[Confirming Financial Institution's Letterhead or Name and Address] ______________________________________________

(Date) __________________

Our Letter of Credit Advice Number ____________________

Beneficiary: _________________ [ ]U.S. Government agency

Issuing Financial Institution: __________________________

Issuing Financial Institution's LC No.: __________________

Gentlemen:

1. We hereby confirm the above indicated Letter of Credit, the original of which is attached, issued by __________ [name of issuing financial ] for drawings of up to dollars ___________/U.S. $_______ and expiring with our close of business on _____________ [institution United States the

], or any automatically extended expiration date.expiration date

2. Draft(s) drawn under the Letter of Credit and this Confirmation are payable at our office located at ___________________.

3. We hereby undertake to honor sight draft(s) drawn under and presented with the Letter of Credit and this Confirmation at our offices as specified herein.

4. [ .] It is a condition of this confirmation that it be This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered deemed automatically extended without amendment for oneyear from the expiration date hereof, or any automatically extended expiration date, unless:

(a) At least 60 days prior to any such expiration date, we notify the , or the transferee and the issuing financial institution, by shall Contracting Officer registered mail or other receipted means of delivery, that we elect not to consider this confirmation extended for any such additional period; or

(b) The issuing financial institution have exercised its right to notify you or the transferee, the account party, and ourselves, of its election not to shall extend the expiration date of the Letter of Credit.

5. This confirmation is subject to the Uniform Customs and Practice (UCP) for Documentary Credits, International Chamber of Commerce Publication No. _____________________ (Insert version in effect at the time of ILC issuance, e.g., "Publication 600, 2006 edition") and to the extent not inconsistent therewith, to the laws of _____________________ [State of confirming financial institution].

6. If this confirmation expires during an interruption of business of this financial institution as described in Article 17 of the UCP, we specifically agree to effect payment if this credit is drawn against within 30 days after the resumption of our business.

Sincerely, _______________________________ [ ]Confirming financial institution

(g) The following format be used by the for a sight draft to draw on the Letter of Credit: shall Contracting Officer

Sight Draft

_______________________________ [ ]City, State

(Date) _____________________________ [ ]Name and address of financial institution

Pay to the order of ______________ [ ] ___________ the sum of $____________. This draft is drawn underBeneficiary Agency United States No. _______________________.Irrevocable Letter of Credit

_______________________________ [ ] _______________________________ [ ]Beneficiary Agency By

(End of clause)

Additional Information/Notes

The following clauses were modified:

52.228-13Alternative Payment Protections.Jul 2000 hereby reads as follows:

As prescribed in , insert the following clause:28.102-3(b)

Alternative Payment Protections (July 2000)

The Contractor shall submit one of the following payment protections:(a)

(ii) An irrevocable letter of credit (ILC).

(i) A payment bond.

The amount of the payment protection shall be 100 percent of the contract price.(b)

The submission of the payment protection is required within days of contract award.(c) _10_

The payment protection shall provide protection for the full contract performance period plus a one-year period.(d)

Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access (e) funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.(f)

(End of clause)

IDCode: J
Page: 1
Pages: 8
AmendNo: 0001
EffDate: 26 Aug 2024
ReqNo:
ProjNo: WO14706067
IssCode: FA3010
AdmCode:
IssuedBy: FA3010 81 CONS CC

310 M ST BLDG 4605, CP 228 377 3230

KEESLER AFB, MS 39534-2701

UNITED STATES

ANDREW EVITTS, Email: andrew.evitts.1@us.af.mil Telephone: 228-377-1818 AdminBy:

SCD: PAS:

ContractorNameAdd:
Code:
FacCode:
SolChg: 1
SolNo: FA301024Q0032
SolDate: 24 Aug 2024
AwardChg: Off
AwardNo:
AwardDate:
Amended: 1
OffrExt: Off
OffrNoEx: 1
NoCopies: 1
ApprData: See Section G - Contract Administration Data
ChgeOrd: Off
ChgeOrder:
Modify: Off
SuppAgre: Off
SuppAuth:
ModOthr: Off
OthrSpec:
NoReq: Off
Require: 1
Copies: 1
Descript: See Schedule
ContNameTitle:
CoNameTitle: Tiffany Aultman
ContDate:
CODate: 26 Aug 2024

File details come from the government source that posted it. Updated .