W51AA1-25-R-0022 Amendment 0001.pdf

ACC-APG, TOBYHANNA DIVISION

MARK BUONOMO

MARK.BUONOMO2.CIV@ARMY.MIL

F-570-615-7525 P-570-615-9781

TOBYHANNA PA 18466-5100

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

A. The offer due date is hereby extended from 3 April 2025 to 7 April 2025.

B. As a result of this amendment, Exhibit 5 - Questions and Answ ers is hereby incorporated into this solicitation.

C. All other terms and conditions remain unchanged and in full force and effect.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 8

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

16C. DATE SIGNED

BY 01-Apr-2025

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 W51AA125R0022

X 9B. DATED (SEE ITEM 11)

25-Mar-2025

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 X is extended, 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 1 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-Apr-2025

CODE

ACC-APG TOBYHANNA DIVISION (W51AA1)

11 HAP ARNOLD BLVD

TOBYHANNA PA 18466

W51AA1 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE W51AA1

FACILITY CODECODE

EMAIL:TEL:

W51AA125R0022

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 01-Apr-2025 01:00 PM to 07-Apr-2025 01:00 PM.

SUPPLIES OR SERVICES AND PRICES

CLIN 0001

The pricing detail quantity has decreased by 10.00 from 10.00 to 0.00.

The following have been added by reference:

52.228-5 Insurance - Work On A Government Installation JAN 1997

52.228-15 Performance and Payment Bonds--Construction JUN 2020

The following have been added by full text:

52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000)

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

(i)A payment bond.

(ii)An irrevocable letter of credit (ILC)

(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 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.

(End of clause)

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.

http://www.sec.gov/answers/nrsro.htm

(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)

The following have been modified:

ADDENDUM TO FAR 52.212-1

1. BASE CONTRACT TYPE: While the Government reserves the right to issue more than one contract if determined to be most advantageous, the Government anticipates award of ONE (1) FIRM FIXED-PRICE (FFP)

INDEFINITE DELIVERY/INDEFINITE QUANTITY (IDIQ) type contract as a result of this solicitation.

2. BASIS OF AWARD: Award will be based on the best overall value to the Government provided all factors are determined to be acceptable.

3. PROPOSAL SUBMISSION INSTRUCTIONS:

(a) Price: Offeror’s price proposal shall consist of a completed Exhibit 2 – Proposed Pricing Worksheet and completed SF 1449, Solicitation Document.

(b) Technical: Offeror’s technical proposal shall consist of:

i. Color chart. At minimum, standard colors shall include GRAY and BLACK

ii. Material submissions

iii. Methods and procedures for Epoxy Repair (full depth of the floor to include trowel)

iv. Initial material safety data sheets (MSDS)

v. JHA (Job hazard analysis) for this line of work

vi. Site Safety Plan – please refer to TYAD safety standard

(c) Past Performance: In order to evaluate an offeror’s ability/past performance, offerors are recommended to provide the Government with an example(s) (no more than 3) of past performance in which the same or similar service was performed. Information shall include: 1) contract number; 2) contract type; 3) brief description of the requirement; 4) dollar value; 5) customer POC. The Government reserves the right to review and consider an offeror’s past performance from any source, including individuals or Government systems.

(d) Proof of Bonding Capacity: In accordance with FAR Subpart 28.102, Alternative Payment Protections

(FAR 52.228-13) and Payment and Performance Bonds (FAR 52.228-15) may be required for task orders dependent upon the overall value of the task order.

Offerors are required to submit proof of their ability to obtain surety for performance and payment bonds for orders issued under the awarded contract in the form of commercial surety bonds, irrevocable letters of credit, or other acceptable surety under FAR 52.228-15, which is included in this solicitation. The evidence shall prove that the offeror is able to provide bonds for a total of $150,000.00.”

Note 1: Offerors are cautioned that any noncompliance with the terms and conditions of the RFP and these proposal submission instructions may result in their proposal being determined unacceptable, and therefore ineligible for award. Therefore, please ensure you are reading thoroughly and submitting all requested information with your initial proposal in order to prevent being determined non-responsive.

Note 2: Offerors attention is directed to Clause 52.212-2 Evaluation of Commercial Items for more information.

4. The Government shall not be held liable for any costs incurred for a contractor’s time or materials expended in preparing a proposal for this solicitation.

5. WAGE DETERMINATION: The services to be performed fall under the authority of the service contract act. The following Wage Determination is applicable, and provided as Exhibit 4 to the solicitation.

Wage Determination No: 2015-5797, Revision No. 27, Revised 12/23/2024

6. SITE VISIT: One (1) site visit will be held on Tuesday, April 1, 2025, at 1:00PM. Attendees are encouraged to arrive 15 minutes early to ensure timely processing. Visitors are required to present a valid, Government issued photo I.D. to gain access to the base (vehicle registration and insurance may also be required). Information provided at each site visit, as well as answers to any general questions, shall not affect the terms and conditions of the RFP and/or specifications. Terms remain unchanged unless the RFP is amended in writing.

RSVP to Contracting Officer (mark.buonomo2.civ@army.mil) NLT Monday, March 31, 2025 at 3:00PM EST.

Instructions for site visit will be provided in response.

7. QUESTIONS AND ANSWERS: Offerors are advised to submit any questions regarding this solicitation no later Wednesday, April 2, 2025 at 3:00PM EST, to the Contracting Officer

(mark.buonomo2.civ@army.mil). Answers to questions will be posted in the same manner in which the solicitation is posted, via an amendment to the solicitation, and will be on a non-attribution basis.

8. Any amendments issued to this solicitation will be synopsized in the same manner as this solicitation.

Offerors are required to acknowledge all amendments by signing and including one copy of the amendment with their proposal, or by completing the provided area in the SF1449.

9. DISCUSSIONS: The Government intends to award without discussions. Offerors are encouraged to provide their complete and best proposal upon initial submission. The Government may hold discussions with as many offerors as deemed necessary by the Contracting Officer (all, some, one, or none).

ATTACHMENTS

ATTACHMENT DESCRIPTION DATE

Exhibit 1 Performance Work Statement 25 March 2025

Exhibit 2 Proposed Pricing Worksheet 25 March 2025

Exhibit 3 QASP 25 March 2025

Exhibit 4 Wage Determination 23 December 2024

Exhibit 5 Questions and Answers 1 April 2025

(End of Summary of Changes)