Final_Amendment_0001_to_P16PS00660.pdf

(x)

P16PS00660

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7 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 ACKNOWLEDGEMENT 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.

x

PDS

Denver CO 80225-0287 P.O. Box 25287 12795 W. Alameda Pkwy NPS, DSC Contracting Services Div

JEFF 199869B08/26/2016000001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

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

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

08/22/2016

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of Amendment 00001 is to:

1) Delete Section I.85, Clause 52.228-15 Performance and Payment Bonds - Construction (OCT

2010) from the RFP document. Performance and Payment bonds are NOT Required.

2) Delete Section L.14. Clause 52.228-1 Bid Guarantee (SEPT 1996) from the RFP document. A

Bid Guarantee or Bid Bond is NOT required.

3) Delete Section I.80 Clause 52.228-2 Additional Bond Security (OCT 1997). Bonds are NOT required.

Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

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

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

Jason Longshore

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 2

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

P16PS00660/000001

4) Revise Block 12a. on the SF1442 issued on

8/22/2016 to indicate that Performance and

Payment bonds are NOT required.

5) Revise Block 13b. on the SF1442 issued on

8/22/2016 to indicate that an Offer Guarantee is

NOT required.

6) Provide contractor questions and government response. Please note the attached Question and

Answer Spreadsheet will serve as a single point of reference throughout the solicitation for all questions and answers.

7) Delete and replace the Volume II Submission

Package in its entirety. Note the Standard Form

24 - Bid Bond has been deleted per the removal of this requirement.

The proposal deadline of Thursday, September 22, 2016 at 3:00pm Mountain Time (MT) remains unchanged.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

P16PS00660 -

JEFF Exhibits

Question No. Sheet or Reference Question Response Amendment

Answered

In our previous correspondence it was indicated that P&P bonding would not be a requirement for this project. Would you please elaborate on the following:

Solicitation_P16PS00660, PDF page 110 of 163 I.85 52.228

15 PERFORMANCE AND PAYMENT

BONDS—CONSTRUCTION (OCT 2010)

Solicitation_P16PS00660, PDF page 154 of 163

L.14 � 52.228�1 �BID �GUARANTEE �(SEP �1996)

There is a lot to review in the Solicitation/Bid Documents and it is I possible that I missed a bonding waiver.

The requirement for P&P Bonds has been removed from the solicitation via Amendment 001 to the Solicitation. P&P Bonds will not be required. 0001

After pondering the bid bond, something jogged my memory. I believe most sureties will not issue a "bid bond" unless it is tied to a performance bond. There are projects for which this is an exception, though I am not conversant enough with construction finance law in order to offer any solid direction.

I contacted our surety agent for guidance and here is his reply: "Sureties don’t charge for bid bonds and in the event their client is not the successful bidder, they would not issue final perf/pmt. bonds. The problem is, that bid bonds guarantee the issuance of the final bonds or the bond amount of 10-15% is forfeit, so it’s hard to issue a bid bond based on the promise that no final bonds will be required."

Based on Solicitation page 154, item L.14: The amount of the bid guarantee shall be 20 percent of the bid price or $3 million , whichever is less; the amount of the bid bond at risk based on the published Arch Museum exhibit budget could range from $2,000,0000 - $3,000,000. That amount would be forfeit because a bidder could not provide P&P bonds attached to the bid bond. Thus, [a bidder] may not be able to provide a proposal for the Arch Museum project.

Would the Government please consider this and either waive the bid bond requirement or provide guidance which removes the obligation connecting the bid bond to the P&P bonds?

The requirement for a Bid Bond has been removed from the solicitation via Amendment 0001. A Bid Bond will not be required.