N00253-21-Q-0047-0007.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 N0025321Q0047

X 9B. DATED (SEE ITEM 11)

12-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:

N0025321Q0047

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 01 10 - TABLE OF CONTENTS

The following have been added by full text:

INFORMATION TO OFFEROR

Solicitation Number: N00253-21-Q-0047

Amendment Number: Seven (7)

Attachments: Two (2)

Attachment 5 - Drawing – Bldg 206 Lighting 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 10 00 - SOLICITATION

REVISED SOW AND PPI RESPONSES

Statement of Work (SOW) for Provide and Install Additional Exterior Lighting B206

Naval Undersea Warfare Center (NUWC) Division Keyport Date: 10/9/20

1. SCOPE

The contractor shall provide and install exterior lighting fixtures at Building (Bldg.) 206, at the Naval Undersea Warfare Center (NUWC) Keyport, WA. This requirement will result in a Firm-Fixed Price (FFP) contract award.

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.

All electrical work shall be in accordance with current National Fire Protection Association (NFPA) 70, National Electrical Code (NEC), and American National Standards Institute (ANSI) C2 National Electrical Safety Code (NESC).

Document Title US Army Corps of Engineers Safety and Health Requirements Manual EM-385-1-1, 30 November 2014 Attachment 1 – Bldg. 206 Lighting 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 system.

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. PRE-CONSTRUCTION MEETING

An on-site post-award Pre-Construction meeting will take place prior to the start of construction. The purposes of the Pre-Construction 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 10 days of award. NUWC PM will coordinate and facilitate.

An electronic approved Safety Plan, Accident Prevention Plan (APP), Activity Hazard Analysis (AHA), will be submitted three weeks prior to any work being started to the PM.

3.2. GENERAL DESCRIPTION

3.2.1. LIGHT FIXTURES

The lighting fixtures shall be LED 5k flood lights producing a minimum of 16,000 lumens and shall not exceed 160 watts. They shall be Underwriter Laboratories (UL) listed.

Versatile, general-purpose floodlight 7H x 7V NEMA distribution LEDs: Long-life, high-efficacy, surface-mount LEDs 0-10V dimming IP65 rating protects against dust and water 50,000-Hour LED lifespan Housing: Precision die-cast aluminum Lens: Tempered glass Color: Bronze

3.2.1a Lighting Bracket Color: Bronze Double Reinforced weld joints

3.2.2. CONDUIT

All exterior conduit shall be electric metallic tubing (EMT) or rigid galvanized sized per NEC requirements.

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 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 cleared personnel and vehicles. The Contractor shall 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 wear hard hats in designated areas 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. ELECTRICAL CONTROL SYSTEM

3.6.1. BUILDING 206

Install three (3) exterior light fixtures.

One fixture on the northwest corner with the light facing north.

One fixture on the northeast corner facing north.

One fixture above the door on the east side of the building in the vicinity of the unlit entry.

Power may be provided from an existing exterior lighting circuit or from a new circuit. If an existing circuit is used the contractor shall verify the circuit has sufficient capacity for the new light fixtures. All new raceways installed shall be painted to match the building. The exterior of B206 is concrete.

Provide electrical power for the new lights from the existing lighting circuits.

There is an are existing exterior lights and lighting circuits within approximately 20’ of each new lighting location that the contractor will utilize for electrical power for each new light. The existing lighting circuits are exposed and can be accessed from the exterior of the building. The Government does not anticipate that the contractor will have to access the interior of bldg. 206 to install conduit or connect to electrical power.

Install all conduit, wiring, and components on the roof behind the parfait wall so as not to be seen from ground level by pedestrians.

All newly installed lights must be controlled by a photo-eye.

See Attachment 1 – Lighting Layout for details.

3.6.2. PARKING LOT 2

Remove and Replace the existing streetlights (2) and bracket on the pole and provide and install with a new four post bracket with new LED lights. Transfer the existing cobra head light to the new bracket. Install three (3) additional flood lights facing the parking lot. Position the lights so that excess lighting does not extend into the roadway.

Government PM will approve mounting orientation of lights/bracket with contractor at pre-construction meeting.

The light pole lights must be controlled by a photo-eye.

Provide and install a new light base junction box cover.

3.7. 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.

3.8. SAFETY

3.8.1. 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 Q0047, Exterior Lighting

1. What are the dimensions of the building exterior - height, width, and length (assuming that it is rectangular)?

a. North side 2nd floor – 200’. East and West side 2nd floor – 60’. East side 1st floor – 150’, see Attachment 1 – Lighting Layout for dimensions.

2. Is there an existing electrical print that I can see? If not, where is the panel located in the building?

a. No, an electrical print is not available. Please see SOW 7/2/21 REV #001, Attachment 1 –

Lighting Layout for location of the panel. The panel is located on the first floor mechanical room.

3. Is the building on a single phase or three phase electrical system?

a. 3 phase 120/208v

4. What color is the exterior of the building painted or is it unpainted concrete?

a. The exterior is exposed aggregate and broom finished concrete.

5. Do you want the lights on the exterior of the building to turn on with a photo-eye, be on all the time, be put onto a switch, or be run off a timer?

a. The lights shall be controlled with a photo eye

6. Is there an existing photo-eye, switch, or timer on the light pole? If not, shall one be added?

a. There is a photo eye on the existing cobra head.

7. What is the height of the light pole?

a. 35’

8. If I need rental equipment like a lift, will I be able to bring that on base or will one be provided for me to use?

a. Contractors can bring equipment on base. The Government will not provide equipment.

9. What is the make/model/color of the existing light pole or can you at least provide me with the color and diameter of the pole so I can find the correct street light bracket.

a. The pole is grey and 4” diameter.

10. What is the make/model/color of the existing cobra head light?

a. The cobrahead is grey, LED. Make and model are unknown.

11. Provide confirmation that this is replacing external existing fixtures only?

a. Yes, external fixtures only.

12. Please provide the number of fixtures to be replaced?

a. Two (2) light fixtures on the light pole in parking lot 2 will be replaced with four (4) new LED lights. Please see statement of work paragraph 3.6 provided with RFQ.

13. Will the replacement of conduit be required or necessary?

a. Replacement of conduit is not anticipated by the Government.

14. It was unknown on the site visit the existing pole top light fixtures are controlled via onboard photocell sensor, or if the lights are controlled via a lighting control panel and/or system inside the building. Please advise how the existing lights are controlled (pole lights and existing building wall lights).

a. The lights are controlled by onboard photocells.

15. It was discussed on the site visit that one of the existing two pole head fixtures would remain, and (3) additional fixtures would be provide to make a 4-head light. Can any specs be provided for the existing fixture to remain?

a. The SOW has been revised and four (4) new lights will be installed on the lighting pole with the existing lights being removed.

16. The existing pole light head to remain may not be able to be matched like for like. Would the government prefer (4) new light heads to be installed on the existing pole so all the lights match?

a. Yes, the SOW has been revised, replace with four (4) new lights.

17. The existing pole light base/junction box is missing the cover plate and electrical wires are visible. Is a new fabricated junction box cover preferred?

a. Yes, please replace the cover.

18. Is the intention to tap off existing exterior lighting circuits and run surface mount conduit along the building to the new light locations, or is it preferred to core through concrete walls of building from inside to outside at each new location?

a. Please use existing circuits and hide conduit behind parfait wall so as not to be seen from ground level.

19. The existing electrical/lighting control equipment was not shown to us on the site visit. Is the intention to power new light fixtures from existing circuits, or will new circuits be required?

a. Please use existing circuits.

20. If new circuits are required, can information or drawing be provided as to available power circuits/panels and location in the building compared to the new light locations?

a. No. The Government does not anticipate that new circuits will be needed.

21. Is there a brand or product number for the requested lights?

a. No.

22. Do you have a paint type and product code?

a. No, please match color of the building as close as possible. Paint type shall be compatible with the material to be painted.

23. Will we have access to the inside of the building?

a. Yes. The project manager will work with the contractor for access to building 206 after contract award.

24. Is there a requirement of color for the pole adapter?

a. No.

The following have been deleted:

STATEMENT OF WORK

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)