N00253-21-Q-0046-0008.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

This solicitation is being amended to include revised SOW, 3 draw ings, PPI questions and government responses, requirement that offeror be licensed to do business in Washington State, and additional required clauses for bonding, insurance and invoicing. "Information to Offeror" text w as added and revised Wage Determination.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 17

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

16C. DATE SIGNED

BY 15-Sep-2021

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X N0025321Q0046

X 9B. DATED (SEE ITEM 11)

04-May-2021

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer 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 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 OF 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.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

16-Sep-2021

CODE

NAVAL UNDERSEA WARFARE CENTER

ATTN: KITTY CANDELARIA

KITTY.CANDELARIA@NAVY.MIL

610 DOWELL STREET, BLDG 206

KEYPORT WA 98345

N00253 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N0025321Q0046

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 00 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

The following have been added by full text:

REVISED SOW AND PPI RESPONSES

1. SCOPE

The contractor shall provide labor, materials, and equipment, as required, to accomplish the following work in accordance with the statements herein:

Provide and install a combination water bottle filling and water cooler station along with cabinetry and a sink to support a coffee/water station in Bldg. 7792, Naval Submarine Base Bangor, WA.

This project involves selective demolition, plumbing, electrical, carpentry, and cabinetry work.

Escorts service will be required and will be provided by NUWC Division Keyport.

Provide all other items, components and equipment so that the project is all-inclusive and ready for use upon completion of work.

2. APPLICABLE DOCUMENTS

Copies of military specifications and standards and DoD adopted non-Government publications may be obtained in accordance with FAR 52.211-2, Availability of Specifications Listed in the Acquisition Streamlining and Standardization Information System (ASSIST). Copies of non-Government publications not listed in the ASSIST may be obtained from the respective industry association. Requests for documents not available from either source should be directed to the Contracting Officer.

Document Title Contractor’s Guide to Environmental Compliance – NUWC Keyport National Electric Code (NEC) 2020 US Army Corps of Engineers Safety and Health Requirements Manual EM-385-1-1, 30 November 2014 International Plumbing Code (IPC), 2018 Attachment 1 – Bldg. 7792 Project Layout

3. REQUIREMENTS

The contractor is responsible for providing all the trained & qualified labor, as well as the materials, tools and equipment needed to execute this contract. This contractor is responsible for sub-contractor management if a sub-contractor is involved. The contractor is responsible for providing their personnel, including sub-contractors, with the required personal protective equipment necessary to perform this contract. The contractor is responsible for providing a complete and useable.

The contractor shall provide all components and equipment so that the project is all-inclusive and ready for use upon completion of work. The Contractor shall schedule work to cause the least amount of interference with station operations. All work must be coordinated through the NUWC Project Manager (PM).

3.1. POST-AWARD KICKOFF MEETING

An on-site post-award kickoff meeting will take place prior to the start of construction. The purposes of the kickoff meeting are to:

Clarify procedures for executing the contract, such as base access and emergency procedures Detail critical aspects of the contract and review the manufacturers’ material specification sheets Respond to any contractor questions regarding the requirements that need clarification prior to commencing work Review the project schedule Clarify roles of key Government and contractor personnel Identify and resolve potential issues

The meeting shall occur within 30 15 days of award. NUWC PM will coordinate and facilitate.

3.2. GENERAL DESCRIPTION

3.2.1. COMBINATION WATER BOTTLE FILLER/WATER COOLER

The filler shall be stainless steel, include built in bottle counter, flow monitor, filter monitor and filtration for taste, odor and chlorine reduction. The basin shall be designed to eliminate splashing and standing water.

Special Features: Antimicrobial, Hands Free, Laminar Flow, Real Drain Refrigerated Informs user of number of 20 oz. plastic water bottles saved from waste.

Laminar flow provides clean fill with minimal splash.

Silver Ion Antimicrobial protection on key plastic components to inhibit the growth of mold and mildew.

Real Drain System eliminates standing water.

Finish: Light Gray Granite Power: 115V/60Hz Bubbler Style: Flexi-Guard, Safety Bubble Activation by: Electronic bottle filler sensor with electronic front and side bubbler push bar Mounting Type: Wall Mount (On Wall) Chilling Capacity: 8.0 GPH Full Load Amps 6 Installation Location: Indoor No. of Stations Served: 1

3.2.2. SINK PUMP

The sink pump shall be 120v single phase and shall have a minimum 15 ft. vertical lift.

3.2.3. CABINET & SINK

The cabinet shall be made of plywood and/or solid hardwood and shall have a satin or semi-gloss finish. They shall be a minimum 48” long including sink. The finished height shall be 36”. The counter top shall be laminate type countertop with a minimum 4” backsplash. The sink shall be a 15” single basin stainless steel.

3.2.3a Counter top with backsplash

Stain, scuff, mar, and scratch resistant Product data, Manufactures installation directions and warranty information.

3.2.3b Kitchenette cabinets – base Composite case construction for durability and strength Cabinet pulls Ball-bearing drawer glides for smooth operation and durability Adjustable hinges are self-closing and hidden from view Certified KCMA cabinet Contractor must supply color samples of cabinets for Government approval.

Product data, Manufactures installation directions and warranty information.

3.2.3c Kitchenette sink and faucet Sink - ASME A112.19.3/CSA B45.4, 20 gage stainless steel with integral mounting rim for flush installation, minimum dimensions of 15 inches wide by 15 inches front to rear, single bowl, with undersides fully sound deadened, with supply openings for use with top mounted sink faucet, and with 3.5 inch drain outlet. Provide stainless steel drain outlets and stainless steel cup strainers. Provide separate 1.5 inch P-trap and drain piping to vertical vent piping from each compartment.

Faucet - Provide a top mounted kitchen sink faucets that has a high arc spout for added clearance and reach.

A spout that swivels 360° for maximum maneuverability and dual metal lever handles. Water flow rate shall not exceed 2.2 gpm when measured at a flowing water pressure of 60 psi.

Product data, Manufactures installation directions and warranty information.

3.2.4 INSULATION

Minimum R value of 38 specifically manufactured for installation above a drop ceiling.

3.3. QUALITY CONTROL

The Contractor shall be a licensed Contractor in the state of Washington. All components and services shall be installed per manufacturer’s specifications and by trained technicians.

The contractor shall verify all dimensions of all equipment to ensure that all access clearances can be met.

The Contractor is responsible for quality control, including all required inspections and tests. Prior approval is not required for field installations, field applications and post-field tests, prior to delivery of materials and equipment to the project site. The Contractor shall arrange for tests and inspections, when and where they are required.

3.4. EXECUTION

The contract, contractor submittals, and applicable Safety Data Sheets (SDS) shall be kept on the jobsite during all working hours. The Contractor shall ensure all employees know how to contact the Emergency Services of the base.

All work shall conform to commercial construction industry quality standards for the type of work indicated herein.

The Contractor shall maintain Occupational Safety and Health Administration (OSHA) compliance during the execution of this contract. The Contractor is responsible for the safety, storage and handling of all equipment and material used in the course of this contract. Upon completion of work, the Contractor shall ensure the site is left free of debris, dust, and chips generated by this work.

3.5. ACCESS TO NUWC KEYPORT

Access to NUWC Keyport is limited to visitors cleared through the Base Authorization and Visit Request (BAVR) process found at https://bavr.cnic.navy.mil/. The Contractor shall also furnish the PM with a list identifying personnel and vehicles requiring access 10 working days before on site work is to commence. The Contractor shall ensure personnel employed on the Activity:

become familiar with and obey Activity regulations including safety, fire, traffic and security regulations keep within the limits of the work and avenues of ingress and egress do not enter any restricted areas unless required to do so and until cleared for such entry mark Contractor equipment for identification

The Contractor shall contact the PM to coordinate access to the base for job walks, site visits and scheduling of work. The Contractor shall perform work during NUWC regular working hours. NUWC working hours are Monday through Friday, 0600-1630.

3.6. INSTALLATION OF THE WATER BOTTLE FILLING STATION AND COUNTERTOP/SINK

This task is to install a new water bottle filling station and coffee mess Relocate the existing 120v receptacles to accommodate the new bottle filling station and coffee mess. A

20A circuit will need to be provided to the filling station, a receptacle above the counter and to the pump in the adjacent electrical room. All exposed conductors shall be installed in Electric Metallic Tubing (EMT). Installation shall be per current NEC requirements.

New electrical circuits must come from the electrical panel shown on attachment 1 – Bldg. 7792 Project Layout. Electrical circuits must not be surfaced mounted in office area. Electrical circuits and plumbing may be surfaced mounted in room 104 (see attachment 1).

Water supply shall be provided from the adjacent restroom. All water lines shall be type L Copper.

Drain lines shall be plumbed to a pump to be installed in the adjacent mechanical room (room 104) and then to the adjacent restroom. Use the existing stub-out from the sink drain.

All plumbing lines shall be installed on strut along the restroom ceiling. Provide both hot and cold water to the sink and cold water to the filling station.

Install the bottle filling station on the west wall, exterior of the mechanical room (room 104) in the office space.

Install the cabinet on the left side of the bottle filling station. Leave a minimum one foot of spacing between the cabinet and filling station.

All drywall patching shall match the existing finish and color. Drywall patches shall not be visible after completion.

Upon completion of work a manufactures technician must provide equipment operations and maintenance training to personnel selected by NUWC Keyport PM.

Upon completion of the work the Contractor shall demonstrate operational tests to the PM.

3.7. INSTALLATION OF INSULATION

This task is to install insulation above the drop ceiling of building 7792. The drop ceiling covers approximately 2/3 of the interior of the building.

Install insulation above the entire drop ceiling. There shall not be gaps between the insulation unless otherwise specified by the manufacturer. The estimated square footage is 2,125.

3.8. CLEANUP

The Contractor shall perform site cleanup daily and remove waste products from the base. Contractors are not permitted to use Government dumpsters or other Contractor dumpsters for disposal of debris.

The Contractor shall remove and transport debris and rubbish in a manner that prevents spillage on pavements, streets or adjacent areas. The Contractor shall clean up spillage from pavements, both existing streets, and adjacent areas on an ongoing basis.

Upon completion, the Contractor shall remove all containers, surplus materials, equipment, and debris and leave the site in a clean and orderly condition. The project will not be received and/or accepted until all project debris is removed from the base.

3.9. SAFETY

3.9.1. PERSONNEL SAFETY

All work throughout the duration of this project shall comply with the EM-385 Federal, and State Occupational Safety Health Act (OSHA) regulations. The Contractor shall perform all work according to accepted Industry Standards, Safety Procedures and regulations.

The Contractor is responsible for inspecting the work area prior to beginning work and maintaining a safe workspace while executing this contract. The Contractor shall notify the PM immediately if unsafe conditions are present at the worksite prior to starting work. If an unsafe condition occurs during work, the Contractor shall immediately stop work and notify the PM of the condition. Work shall proceed when the unsafe condition is corrected.

The Contractor shall ensure workers are trained in proper Personal Protective Equipment (PPE) use and wear the appropriate PPE for each task.

PPI for Q0046, Drinking Fountain and Insulation

1. For insulating above the ceiling we will need access throughout the space to get our scaffolding/ lift in spaces to install the insulation. Will the building be moving the items around or should the contractors price labor to move and reinstall items?

a. No, the ceiling insulation requirement has been removed from the project, See SOW 7/7/2021

REV #001.

2. It is my understanding that there are only lower cabinets requested on this project. If upper cabinets are wanted please confirm that and provide details of what is expected?

a. Correct - Lower cabinets only.

3. Some ceiling tiles are broken or stained. Would customer want replaced?

a. No, work will be completed by the BOSC contractor.

4. Confirm whether sink is to be drop in or undermount?

a. Drop in.

5. Are the cabinet doors are to be flat slab or shaker style?

a. Flat slab

6. If flat slab would do you a laminate that is more durable?

a. Yes

7. Is there a specific paint, stain or color wanted for the cabinets?

a. Yes, off white. Please provide color samples for Government approval.

8. Will escorts be required for access and work in building 7792?

a. Yes. The Government will provide escorts as needed.

9. Is a 20 Gauge Stainless Steel 15 in x15 in x 6in deep 2-Hole Drop-in Bar Sink acceptable?

a. Yes.

10. The existing stub out at the existing service sink is PVC. Is it acceptable to install the new waste piping from the new sink, new waste pump, and bottle fill with PVC pipe and fittings?

a. Yes, PVC is acceptable.

11. The title of the project is Water Fountain & Coffee Bar. The SOW describes a bottle fill. Does the owner want a combination drinking fountain & bottle fill or just a bottle fill station only?

a. Combination drinking fountain & bottle fill.

The following have been deleted:

STATEMENT OF WORK

SECTION 00 01 10 - TABLE OF CONTENTS

INFORMATION TO OFFEROR

Solicitation Number: N00253-21-Q-0046

Amendment Number: Eight (8)

Attachments: Two (2)

Attachment 5 - Drawing – Bldg. 7792 Project Layout

Attachment 6 - Wage Determination – Building – Kitsap County, WA

WA2021002 Mod 2- 04/02/2021 replaces

WA2021002 Mod 0, 01/21/2021

OFFEROR MUST BE A LICENSED WASHINGTON STATE CONTRACTOR

WASHINGTON STATE TAXES:

The Washington State Department of Revenue imposes various taxes on contractors performing Federal Government contracts within Washington State. These taxes include, but are not limited to, retail sales tax when applicable, use tax when applicable, and business and occupation (B&O) taxes. Offerors are responsible for research of the Washington State tax revenue system and are to include all applicable federal, state, county, and city taxes as part of their proposed price. The Washington State Department of Revenue website and contact information can be found at: http://dor.wa.gov

BOND REQUIREMENTS:

In accordance with FAR Clause 52.228-15 Performance and Payment Bonds--Construction and FAR Clause 52.228-13 Alternate Payment Protections, Payment and/or performance bond(s) will be requested at the time of award.

• No bonds are required for proposals less than $35K.

• Proposals valued at $35K and greater will require a payment bond only.

• Proposals valued at $150K and greater will require a bid bond, a payment bond, and a Performance bond.

CERTIFICATE OF INSURANCE:

The Certificate of Insurance shall provide for at least 30 calendar days written notice to the Contracting Officer by the insurance company prior to cancellation or material change in policy coverage. Other requirements and information are contained in FAR Clause 52.228-5 insurance clause.

MINIMUM INSURANCE AMOUNTS:

The Contractor shall procure and maintain, during the entire period of performance under this contract, the following minimum insurance coverage:

1) Comprehensive General Liability: $500,000 per occurrence

2) Automobile Liability: $200,000 per person, $500,000 per occurrence for bodily injury, $20,000 per occurrence for property damage.

3) Workmen’s Compensation: As required by Federal and State workers’ compensation and occupational disease laws.

4) Employer’s Liability Coverage: $100,000, except in States where workers compensation may not be written by private carriers.

5) Others as required by State law.

6) USL&H if required.

Prior to commencement of work, the contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by laws of the state in which the contract, (put in contract number) is to be performed, and in no event less than thirty (30) calendar days after written notice thereof to the Contracting Officer.

The Contractor agrees to insert the substance of this clause, including this paragraph below, in all subcontracts:

"Any cancellation or any change in the limits of liability shall not be effective (1) for such period as the laws of the state in which this contract is to be performed prescribe or (2) until 30 days after the insurer gives written notice to the Contracting Officer, whichever period is longer.”

Wording such as "will endeavor to mail notice" or “failure to mail such notice shall impose no obligation or liability" does not comply with the contract requirements and therefore are not acceptable.

SECTION 00 70 00 - CONDITIONS OF THE CONTRACT

52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribe, or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

(End of clause)

52.228-11 INDIVIDUAL SURETY--PLEDGE OF ASSETS (FEB 2021)

(a) The Contractor shall obtain from each person acting as an individual surety on a performance bond or a payment bond--

(1) A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203-1; and

(2) Standard Form 28, Affidavit of Individual Surety.

(b) The Contracting Officer may release a portion of the security interest on the individual surety's assets based upon substantial performance of the Contractor's obligations under its performance bond. The security interest in support of a performance bond shall be maintained--

(1) Contracts for the construction, alteration, or repair of any public building or public work of the Federal Government exceeding $150,000 (40 U.S.C. 3131). Until completion of any warranty period, or for 1 year following final payment, whichever is later.

(2) Contracts subject to alternative payment protection (see FAR 28.102-1(b)(1)). For the full contract performance period plus 1 year.

(3) Other contracts not subject to the requirements of paragraph (b)(1) of this clause. Until completion of any warranty period, or for 90 days following final payment, whichever is later.

(c) A surety's assets pledged in support of a payment bond may be released to a subcontractor or supplier upon Government receipt of a Federal district court judgment, or a sworn statement by the subcontractor or supplier that the claim is correct along with a notarized authorization of the release by the surety stating that it approves of such release. The security interest on the individual surety's assets in support of a payment bond shall be maintained--

(1) Contracts for the construction, alteration, or repair of any public building or public work of the Federal Government exceeding $150,000 which require performance and payment bonds (40 U.S.C. 3131). For 1 year following final payment, or until resolution of all pending claims filed against the payment bond during the 1-year period following final payment, whichever is later.

(2) Contracts subject to alternative payment protection (see FAR 28.102-1(b)(1)). For the full contract performance period plus 1 year.

(3) Other contracts not subject to the requirements of paragraph (c)(1) of this clause. For 90 days following final payment.

(d) The Contracting Officer may allow the Contractor to substitute an individual surety, for a performance or payment bond, after contract award. The Contractor shall comply with the requirements of paragraph (a) of this clause within the timeframe established by the Contracting Officer.

(End of clause)

52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000)

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

1. Performance and Payment Bonds

2. An irrevocable letter of credit (ILC)

3. Certificates of deposit

Note: This clause applies to any construction project when the estimated or actual value exceeds $35,000 but does not exceed $150,000.

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

(c) The submission of the payment protection is required within TEN (10) days of contract award.

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

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access 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.

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

52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

(a) “Irrevocable letter of credit” (ILC), as used in this clause, means a written commitment by a federally insured financial institution to pay all or part 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 offeror/Contractor can revoke or condition the letter of credit.

(b) If the offeror 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 credit and letter of confirmation formats in paragraphs (e) and (f) of this clause shall be used.

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

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

(2) If used as an alternative to corporate or individual sureties as security for a performance or payment bond, the offeror/Contractor may submit an ILC with an initial expiration date estimated to cover the entire period for which financial security is required or may submit an ILC with an initial expiration date that is a minimum period of one year from the date of issuance. The ILC shall provide that, unless the issuer provides the beneficiary 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 Contracting Officer provides the financial institution with a written statement waiving the right to payment. The period of required coverage shall be:

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

(A) One year following the expected date of final payment;

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

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

(ii) For contracts not subject to the Miller Act, the later of--

(A) 90 days following final payment; or

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

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

(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 must be confirmed by another acceptable financial institution that had letter of credit business of at least $25 million in the past year.

(3) The Offeror/Contractor shall provide the Contracting Officer a credit rating that indicates the financial institutions have the required credit rating 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 Web site http://www.sec.gov/answers/nrsro.htm maintained by the SEC.

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

[Issuing Financial Institution's Letterhead or Name and Address]

Issue Date _ ___

IRREVOCABLE LETTER OF CREDIT NO. ___

Account party's name ___ _

Account party's address ___ _

For Solicitation No. ___ _(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 United States $ ___ . This Letter of Credit is payable at [issuing financial institution's and, if any, confirming financial institution's] office at [ ___ issuing financial institution's address and, if any, confirming financial institution's address] and expires with our close of business on ___ , or any automatically extended 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. [This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered.] It is a condition of this Letter of Credit that it is deemed to be automatically extended without amendment for one year 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 shall be only at the written direction of the Government (the beneficiary) in a form 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 shall be used by the financial institution to confirm an ILC:

___ [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 institution] for drawings of up to United States dollars ___ _/U.S. $ ___ and expiring with our close of business on ___ [the expiration date], or any automatically extended 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. [This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered.] It is a condition of this confirmation that it be deemed automatically extended without amendment for one year from the expiration date hereof, or any automatically extended expiration date, unless:

(a) At least 60 days prior to any such expiration date, we shall notify the Contracting Officer, or the transferee and the issuing financial institution, by 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 shall have exercised its right to notify you or the transferee, the account party, and ourselves, of its election not to 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 shall be used by the Contracting Officer for a sight draft to draw on the Letter of Credit:

SIGHT DRAFT

[City, State]

(Date) ___

[Name and address of financial institution]

Pay to the order of ___ [Beneficiary Agency] ___ the sum of United States ___ This draft is drawn under Irrevocable Letter of Credit No. ___

___ [Beneficiary Agency]

By: ___

52.228-15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (JUN 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 valued at or below the threshold specified in Federal Acquisition Regulation 28.102-1(a) on the date of award of this contract, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance bonds (Standard Form 25). 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 25-A). 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.

(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 6F01, 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.

52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

(a) As used in this clause—

“After-imposed Federal tax” means any new or increased Federal excise tax or duty, or tax that was exempted or excluded on the contract date but whose exemption was later revoked or reduced during the contract period, on the transactions or property covered by this contract that the Contractor is required to pay or bear as the result of legislative, judicial, or administrative action taking effect after the contract date. It does not include social security tax or other employment taxes.

“After-relieved Federal tax” means any amount of Federal excise tax or duty, except social security or other employment taxes, that would otherwise have been payable on the transactions or property covered by this contract, but which the Contractor is not required to pay or bear, or for which the Contractor obtains a refund or drawback, as the result of legislative, judicial, or administrative action taking effect after the contract date.

“All applicable Federal, State, and local taxes and duties” means all taxes and duties, in effect on the contract date, that the taxing authority is imposing and collecting on the transactions or property covered by this contract.

“Contract date” means the date set for bid opening or, if this is a negotiated contract or a modification, the effective date of this contract or modification.

“Local taxes” includes taxes imposed by a possession or territory of the United States, Puerto Rico, or the Northern Mariana Islands, if the contract is performed wholly or partly in any of those areas.

(b)(1) The contract price includes all applicable Federal, State, and local taxes and duties, except as provided in subparagraph (b)(2)(i) of this clause.

(2) Taxes imposed under 26 U.S.C. 5000C may not be—

(i) Included in the contract price; nor

(ii) Reimbursed.

(c) The contract price shall be increased by the amount of any after-imposed Federal tax, provided the Contractor warrants in writing that no amount for such newly imposed Federal excise tax or duty or rate increase was included in the contract price, as a contingency reserve or otherwise.

(d) The contract price shall be decreased by the amount of any after-relieved Federal tax.

(e) The contract price shall be decreased by the amount of any Federal excise tax or duty, except social security or other employment taxes, that the Contractor is required to pay or bear, or does not obtain a refund of, through the Contractor’s fault, negligence, or failure to follow instructions of the Contracting Officer.

(f) No adjustment shall be made in the contract price under this clause unless the amount of the adjustment exceeds $250.

(g) The Contractor shall promptly notify the Contracting Officer of all matters relating to any Federal excise tax or duty that reasonably may be expected to result in either an increase or decrease in the contract price and shall take appropriate action as the Contracting Officer directs.

(h) The Government shall, without liability, furnish evidence appropriate to establish exemption from any Federal, State, or local tax when the Contractor requests such evidence and a reasonable basis exists to sustain the exemption.

The following were previously included by reference and are now included by full text:

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

(a) Payment of price. The Government shall pay the Contractor the contract price as provided in this contract.

(b) Progress payments. The Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer.

(1) The Contractor's request for progress payments shall include the following substantiation:

(i) An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.

(ii) A listing of the amount included for work performed by each subcontractor under the contract.

(iii) A listing of the total amount of each subcontract under the contract.

(iv) A listing of the amounts previously paid to each such subcontractor under the contract.

(v) Additional supporting data in a form and detail required by the Contracting Officer.

(2) In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the Contractor at locations other than the site also may be taken into consideration if--

(i) Consideration is specifically authorized by this contract; and

(ii) The Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract.

(c) Contractor certification. Along with each request for progress payments, the Contractor shall furnish the following certification, or payment shall not be made: (However, if the Contractor elects to delete paragraph (c)(4) from the certification, the certification is still acceptable.)

I hereby certify, to the best of my knowledge and belief, that--

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of chapter 39 of Title 31, United States Code;

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor's performance.

(Name)

(Title)

(Date)

(d) Refund of unearned amounts. If the Contractor, after making a certified request for progress payments, discovers that a portion or all of such request constitutes a payment for performance by the Contractor that fails to conform to the specifications, terms, and conditions of this contract (hereinafter referred to as the "unearned amount"), the Contractor shall--

(1) Notify the Contracting Officer of such performance deficiency; and

(2) Be obligated to pay the Government an amount (computed by the Contracting Officer in the manner provided in paragraph (j) of this clause) equal to interest on the unearned amount from the 8th day after the date of receipt of the unearned amount until--

(i) The date the Contractor notifies the Contracting Officer that the performance deficiency has been corrected; or

(ii) The date the Contractor reduces the amount of any subsequent certified request for progress payments by an amount equal to the unearned amount.

(e) Retainage. If the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be made, the Contracting Officer shall authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting Officer may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future progress payments that amount the Contracting Officer considers adequate for protection of the Government and shall release to the Contractor all the remaining withheld funds. Also, on completion and acceptance of each separate building, public work, or other division of the contract, for which the price is stated separately in the contract, payment shall be made for the completed work without retention of a percentage.

(f) Title, liability, and reservation of rights. All material and work covered by progress payments made shall, at the time of payment, become the sole property of the Government, but this shall not be construed as--

(1) Relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or

(2) Waiving the right of the Government to require the fulfillment of all of the terms of the contract.

(g) Reimbursement for bond premiums. In making these progress payments, the Government shall, upon request, reimburse the Contractor for the amount of premiums paid for performance and payment bonds (including coinsurance and reinsurance agreements, when applicable) after the Contractor has furnished evidence of full payment to the surety. The retainage provisions in paragraph (e) of this clause shall not apply to that portion of progress payments attributable to bond premiums.

(h) Final payment. The Government shall pay the amount due the Contractor under this contract after--

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed voucher; and

(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 6305).

(i) Limitation because of undefinitized work. Notwithstanding any provision of this contract, progress payments shall not exceed 80 percent on work accomplished on undefinitized contract actions. A "contract action" is any action resulting in a contract, as defined in FAR Subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes.

(j) Interest computation on unearned amounts. In accordance with 31 U.S.C. 3903(c)(1), the amount payable under subparagraph (d)(2) of this clause shall be--

(1) Computed at the rate of average bond equivalent rates of 91-day Treasury bills auctioned at the most recent auction of such bills prior to the date the Contractor receives the unearned amount; and

(2) Deducted from the next available payment to the Contractor.

(End of Summary of Changes)