Amendment_0001_to_Solicitation_W25G1V-19-R-0015.pdf
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Amendment 0001 to Solicitation W25G1V-19-R-0015 (W25G1V-19-R-0015 0001)
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ACC-APG, TOBYHANNA DIVISION
JOHN E THOMAS
JOHN.E.THOMAS.CIV@MAIL.MIL
P: 570-615-9720
TOBYHANNA PA 18466-5100
W25G1V810801FC
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
See Block 14 Continuation.
1. CONTRACT ID CODE PAGE OF PAGES
1 12
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
16C. DATE SIGNED
BY 01-Mar-2019
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 W25G1V19R0015
X 9B. DATED (SEE ITEM 11)
14-Feb-2019
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
01-Mar-2019
CODE
ACC-APG, TOBYHANNA DIVISION
11 HAP ARNOLD BLVD
TOBYHANNA PA 18466-5100
W25G1V 7. ADMINISTERED BY (If other than item 6)
4. REQUISITION/PURCHASE REQ. NO.
CODE W25G1V
FACILITY CODECODE
EMAIL:TEL:
W25G1V19R0015
SECTION SF 30 BLOCK 14 CONTINUATION PAGE
SUMMARY OF CHANGES
SECTION SF 30 - BLOCK 14 CONTINUATION PAGE
The following have been added by full text:
BLOCK 14 CONTINUATION
The purpose of this amendment is as follows:
1) Replace SOW Paragraph 14.2 in its entirety in order to change the location of the video displays marked for Building 16 displays from Building 16 to Building 20 – “Attachment 1 - Scope of Work (SOW)”.
2) Incorporate "Attachment 2 - RFI Questions and Answers (V.1)" into the solicitation.
3) Incorporate "Attachment 3 - SOW Appendices" referenced in SOW Paragraph 2.2 into the solicitation.
4) Incorporate "Attachment 4 – Building Layout" into the solicitation.
5) Replace Paragraph 6 of the Addendum in its entirety with the current Wage Determination (PA20180122, Mod 4, Release: 2/15/2019) - Attachment 5 - Wage Determination
6) Publish sign in sheet from February 27th, 2019 site visit – “Attachment 6 - Site Visit Sign-In”.
7) Incorporate FAR Clause 52.228-14, "Irrevocable Letter of Credit", into the solicitation.
The following have been modified:
ADDENDUM
1. ELECTRONIC SOLICITATION: This solicitation, including amendments, is available electronically only and available for downloading by interested sources at https://www.fbo.gov/.
No Bidders or Solicitation Mailing Lists (BML/SML) are available from the Government;
however, interested sources are encouraged to register for the solicitation. Offerors are cautioned that it is their responsibility to access the website for any amendments that may be issued under the solicitation. There will be no advance notification of amendment issue. Offerors are advised to consult the website frequently to check for the issue of amendments since an amendment may be issued up until the offer due date and time. Failure to acknowledge amendments may render your offer non-responsive and ineligible for award.
2. All proposals must be submitted electronically via E-MAIL ONLY. See Section L for Submission Instructions.
3. In accordance with DFARS 252.204-7004, lack of a SAM (System for Award Management, www.SAM.gov) database registration may result in an offeror being ineligible for award.
4. Offerors are advised that this requirement is a 100% set-aside for small business. Offers will only be accepted from small businesses.
5. CONTRACT INFORMATION: This requirement will result in a single award firm-fixed-price (FFP) construction contract for the design, supply, and installation of a new Video Surveillance System at the Tobyhanna Army Depot. See Attachment I - Scope of Work for more information.
6. APPLICABLE DAVIS BACON ACT WAGE DECISION:
Construction Type: Building General Decision Number: PA190098 Modification Number Publication Date 4 02/15/2019
7. SITE VISIT: In accordance with FAR 52.236-27, a pre-proposal site visit will be held on Wednesday, February 27th at 10:00am. The meeting location will be Building 20 (Guard Shack/Security), Tobyhanna Army Depot. Offerors planning to attend must e-mail the Contract Specialist NLT one (1) business day prior to the site visit date.
8. QUESTIONS AND ANSWERS: All questions must be submitted in writing to john.e.thomas.civ@mail.mil . Offerors are instructed NOT to contact any TYAD personnel, as this may result in a delay of answers. Questions must be received NLT Thursday, March 7 at 10:00am. These questions and answers will then be posted on a non-attribution basis to fbo.gov and incorporated into the solicitation and any resultant contract via amendment.
SECTION A - SOLICITATION/CONTRACT FORM
The Issued By organization has changed from
ACC-APG, TOBYHANNA DIVISION
CONTRACT OPERATIONS SECTION - JOHN THOMAS; EM
E.THOMAS.CIV@MAIL.MIL
TOBYHAANA PA 18466
to
ACC-APG, TOBYHANNA DIVISION
11 HAP ARNOLD BLVD
TOBYHANNA PA 18466-5100
SECTION H - SPECIAL CONTRACT REQUIREMENTS
SPECIAL CONTRACT REQUIREMENTS
H.1 DEPOT REGULATIONS - CONTRACTING OFFICER'S NOTICE
While within the confines of Tobyhanna Army Depot, Contractor employees will adhere to and be governed by all rules, regulations, policies, procedures and directives issued by the Commanding Officer, Tobyhanna Army Depot, and said employees will be required to conduct themselves in the same manner required of Government employees.
H.2 RATE OF WAGES - CONTRACTING OFFICER NOTICE
(a) The minimum wages paid to laborers and mechanics on this project, as determined by the Secretary of Labor to be prevailing for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the pertinent locality, are as set forth below. (This clause is inoperative if the contract is in the amount of $2,000 or less).
(b) Any class of laborers and mechanics, including apprentices and trainees, not listed below employed on this contract shall be reclassified conformably to the schedule set out below by mutual agreement between the Contractor and class of labor concerned, subject to the prior approval of the Contracting Officer, and to the following criteria being satisfied:
(i) The work to be performed by the classification requested is not performed by a classification in the wage determination;
(ii) The classification is utilized in the area by the construction industry;
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
In the event that a listed classification in fact performs the work of the missing classification, then that listed classification wage rate shall be used for the laborers or mechanics performing the said work. Information regarding whether a listed classification is documented as performing the work of the missing classification is available from the union in cases where the listed rate for the candidate classification was obtained from a union; or the information is available from DOL if the listed rate of the candidate classification is based upon a DOL survey. A classification rate can be determined as being from a DOL survey or from a union rate by the identifier above the classification: if the identifier shows the first few letters of the classification (e.g., carpenters may show “carp”, plumbers may show “plum”), the rate is a union rate; if, however, the identifiers starts with “SU”, the rate is based on a DOL survey. All identifiers starting with “SU” are non-union rates. Questions regarding whether a classification with a rate based upon a survey (i.e., non-union) is documented as doing the work of the missing classification may be posed to DOL at the regional office at (215) 861-5830.
(c) For purposes of a conformance, in the event the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics to be used, the questions, accompanied by the recommendation of the Contracting Officer, shall be referred to the Department of Labor for final determination.
WAGE DETERMINATION:
Construction Type: Building General Decision Number: PA190098 Modification Number Publication Date 4 02/15/2019
(d)(1) A Contractor may employ apprentices on Government Construction projects. The Contractor, prior to using apprentices on the contract work must submit to the Contracting Officer written evidence of registration of such employees in a program which has been accepted either by the Bureau of Apprenticeship and Training (BAT), U.S.
Department of Labor, or by a state apprenticeship and training agency approved and recognized by BAT. Trainees may be employed only under programs approved by BAT. The Contractor also shall be required to submit written evidence of apprentice to journey-man and trainee to journeyman ratios and wage rates including fringe benefit payments established for his program in the project area. Upon receipt of such submission, the Contracting Officer shall accept these ratios and rates for the purposes of determining the Contractor's compliance with the Davis-Bacon Act clause.
(2) Whenever a contractor has classified employees as apprentices or trainees without complying with the foregoing requirements, the classification shall be rejected, and the Contractor shall be required to pay such employees at the rates applicable to the classification of the work they actually performed.
H.3 PROGRESS PAYMENT REQUESTS
In accordance with the terms of the contract clause entitled Prompt Payment For Construction Contracts (FAR 52.232-27, SEP 2005) the following information and documentation is required to be included in any proper invoice for payment. Omission of information or documentation from the following list does not alleviate the Contractor's responsibility to submit that information or documentation with its payment invoice if submission is required elsewhere in this contract.
(a) Updated Progress Schedule as required by FAR clause 52.236-15, Schedules For Construction Contracts
(APR 1984).
(b) Certified payroll records as required by FAR Clause 52.222-8, Payrolls And Basic Records (FEB 1988).
(c) As required by FAR Clause 52.232-5, Payments Under Fixed-Price Construction Contracts (SEP 2002):
(1) Contractor Certification (Subparagraph (c))
(2) A listing of the total value of each subcontract
(3) A listing of the amount included for work performed by each subcontractor and amounts previously paid to each subcontractor.
PLEASE NOTE: For Final Payment Only - A release of all claims against the Government arising by virtue of the contract.
H.4 WORK AREA RESTRICTIONS - CONTRACTING OFFICER'S NOTICE
Contractor employees are restricted to the immediate area of the job site and not permitted access to any area adjacent to said job site without expressed written permission of the Contracting Officer.
H.5 PROTECTION OF OPENINGS - CONTRACTING OFFICER'S NOTICE
1. During the periods of inclement or cold weather, and at the end of each work day, the contractor shall provide a secure temporary enclosure to seal all openings being worked on.
2. Security of the building/area will not be downgraded during non-working time.
H.6 COORDINATION - CONTRACTING OFFICER'S NOTICE
a. All work shall be scheduled so as to provide minimum interference with depot operations. The Contractor shall coordinate the schedule with the Contracting Officer, prior to commencement of work.
b. Working hours shall be between 0730 and 1600 hours, Monday through Friday, (excluding Federal Holidays and the day after Thanksgiving if deemed a Federal Holiday) unless prior approval has been received from the Contracting Officer.
c. Successful bidder(s) shall within five (5) days after commencement of work submit a written, practicable construction schedule to the Contracting Officer for written approval.
d. If the work requires tapping into existing electrical, sewerage, water, storm, air lines, alarms, etc., this maneuver shall not interfere with Depot operations. Interruptions shall occur during a weekend or during other than regular working hours and shall be coordinated with the Contracting Officer's Representative. When a situation such as this arises, the contractor shall notify the COR, in writing, at least seven (7) days in advance of the occurrence, describing the circumstances and requesting approval. (In the event of conflict between this paragraph and the Technical Specifications, the latter shall govern).
H.7 APPROVALS - CONTRACTING OFFICER'S NOTICE
All reference to approvals shall be deemed to mean the written approval of the Contracting Officer. All requests for approval shall be made in writing to the Contracting Officer.
H.8 FAR 52.236-12 CLEANING UP (APR 1984)
The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the Government. Upon completing the work, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer.
CONTRACTING OFFICER'S NOTICE:
1. Debris and Rubbish: Remove debris and rubbish from the site as soon as practicable. Do not allow to accumulate in buildings or on site. (However, see paragraph 3. below concerning cardboard waste.) Also remove debris from excavations.
2. Debris Control: Remove and transport debris, to an approved disposal site, in a manner as to prevent spillage on streets or adjacent areas.
3. Disposal of Debris:
a. Removal of debris and rubbish shall be the responsibility of the Contractor. The Contractor shall dispose of all materials, except as noted b. below, outside the limits of the Government Controlled Property at a site approved by local and state authorities.
COMPLIANCE WITH THE MONROE COUNTY SOLID WASTE MANAGEMENT ORDINANCE/PLAN IS
REQUIRED FOR THE HAULING AND DISPOSAL OF CONSTRUCTION/ DEMOLITION WASTE. FOR ALL
OTHER WASTE, COMPLIANCE MAY BE REQUIRED. CONTRACTORS ARE RESPONSIBLE FOR
CONTACTING THE MONROE COUNTY MUNICIPAL WASTE MANAGEMENT AUTHORITY TO
DETERMINE SPECIFIC COMPLIANCE RESPONSIBILITIES AND REQUIREMENTS. MONROE COUNTY
MUNICIPAL WASTE MANAGEMENT AUTHORITY CAN BE REACHED AT 570-421-7301. PLEASE
NOTE, THE USE OF TRANSFER FACILITIES FROM THE MONROE COUNTY CONTRACTED FACILITIES
LIST IS NOT ALLOWED FOR TOBYHANNA ARMY DEPOT PROJECTS.
b. CONTRACTORS ARE ENCOURAGED AND SPECIFICALLY REQUESTED TO DISPOSE OF
CARDBOARD DEBRIS WITHIN THE CONFINES OF THE GOVERNMENT CONTROLLED PROPERTY AT
ANY OF THE DEPOT'S READILY ACCESSIBLE CARDBOARD BALER LOCATIONS. IF A BALER IS NOT LOCATED NEAR THE JOB SITE, CARDBOARD DEBRIS MAY BE NEATLY STACKED AT THE JOB SITE
FOR SUBSEQUENT PICK-UP BY GOVERNMENT PERSONNEL. ALL CARDBOARD DEBRIS DISPOSAL
ARRANGEMENTS MUST BE COORDINATED WITH THE CONTRACTING OFFICER'S REPRESENTATIVE.
4. The Contracting Officer shall be notified, in writing, of the location of the selected disposal site.
5. A final cleanup is required at end of the project to include dust, debris, smudges, stains, marks of any kind, spills, dirt, construction material, all waste, rags, etc. Vacuuming and wet mop will be required for projects within structures that have finished areas.
H.9 FAR 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)
(a) The Government shall make all reasonably required amounts of utilities available to the Contractor from existing outlets and supplies, as specified in the contract. Unless otherwise provided in the contract, the amount of each utility service consumed shall be charged to or paid for by the Contractor at prevailing rates charged to the Government or, where the utility is produced by the Government, at reasonable rates determined by the Contracting Officer. The Contractor shall carefully conserve any utilities furnished without charge.
(b) The Contractor, at its expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges. Before final acceptance of the work by the Government, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia.
CONTRACTING OFFICER'S NOTICE: There will be no charge for any utilities required for this contract.
Bidder/Offeror shall not include any costs for securing such utilities in his bid price.
H.10 SECURITY INSPECTION
By submission of a bid/offer under this solicitation, the Contractor acknowledges and agrees that all vehicles operated by the contractor and commercial vendors and subcontractors will be inspected by Depot Security personnel prior to entering or departing the controlled area of Tobyhanna Army Depot.
H.11 RESERVED
H.12 INSURANCE REQUIREMENTS
Reference the clause FAR 52.228-5 Insurance – Work On A Government Installation (JAN 1997) and pursuant to FAR 28.307-2 the following insurance requirements apply. The Contractor shall procure and maintain during the entire period of his performance under this contract the following minimum insurance:
(a) WORKER’S COMPENSATION AND EMPLOYER’S LIABILITY. Contractors are required to comply with applicable Federal and State worker’s compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy , except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker’s compensation to be written by private carriers.
(b) GENERAL LIABILITY. Bodily injury liability insurance coverage written on the comprehensive form of the policy of at least $500,000 per occurrence is required. Property damage liability insurance is not required unless otherwise specified.
( c ) AUTOMOBILE LIABILITY. Automobile liability insurance written on the comprehensive form of policy is required. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.
H.13 CONTRACTOR VEHICLES, TRAILERS AND EQUIPMENT
All contractor owned, rented or leased vehicles, trailers, and/or equipment for use on site shall be identified with the contractor’s company name, job site description, point of contact and phone number where the contractor can be reached 24 hours a day. The contractor shall ensure all referenced items are to be checked for proper operation, leaks, etc. prior to delivery to Tobyhanna Army Depot. The contractor shall coordinate with the Contracting Officer’s Representative or assigned Government point of contact prior to leaving any of the referenced items unattended at the site.
H.14 USE OF POWER EQUIPMENT USING FOSSIL FUEL
Contractors are prohibited from using diesel or gasoline powered equipment in an enclosed environment that is populated at the time the equipment is to be used unless coordinated and approved by the COR and the Safety Office. Alternate power such as propane or electricity is acceptable for use in populated areas. If the Government has required that the pertinent work be performed during times when the enclosed area is unpopulated, the COR must coordinate with the Safety Office for specific approval of both the use of the diesel/gasoline powered equipment and the schedule of the work for the Contractor to use the diesel or gasoline powered equipment. Under those circumstances which unequivocally preclude use of alternate power, and diesel or gasoline powered equipment must be used, the COR must coordinate with the Safety Office for approval of such use.
END SECTION H
SECTION I - CONTRACT CLAUSES
The following have been added by full text:
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: ___
(End of clause)
SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
LIST OF ATTACHMENTS
ATTACHMENT TITLE PAGES DATE
Attachment 1
Scope of Work
(SOW)
01 MAR 2019
Attachment 2
RFI Questions and
Answers (V.1)
Attachment 3
SOW Appendices
11 Files
Attachment 4
Installation Map
Attachment 5
Wage Determination
Attachment 6
Site Visit Sign-In
(End of Summary of Changes)
File details come from the government source that posted it.