W5J9JE23R0008-0003_04 May 2023.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

The purpose for amendment 0003 follow s:

1. Added sections G and H to Section 00 21 00 Instructions to Offerors for Bid Guarantee, Bank Letter of Guarantee, Other Sureties.

2. Provide the follow ing Attachments Excluded from the Solicitation Posting: Attachment A - Past Performance Questionnaire (PPQ), Attachment B - Experience Overview Sheet, Attachment C - Experience Information Sheet.

3. Add the follow ing Attachments to the Solicitation via Amendment 0003: Attachment D - Bank Letter of Assurance Sample and Attachment E - Bank Letter of Guarantee Sample.

4. Close the Bidder Inquiry on 05 May 2023. The inquiry system in ProjNet w ill be closed after this time and w ill not accept further postings.

5. Inquiries not responded to in amendment 0003 w ill be responded in amendment 0004.

6. Extend the proposal due date. Proposals are due not later than 18 May 2023 by 12:01 PM Arabian Standard Time, UTC +3.

7. All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 12

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

16C. DATE SIGNED

BY 04-May-2023

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 W5J9JE23R0008

X 9B. DATED (SEE ITEM 11)

29-Mar-2023

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 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

04-May-2023

CODE

USACE TRANSATLANTIC AFGHANISTAN DISTRICT

CETAA-CT, USACE TAA HQ BAF, BAGRAM

APO AE 09354

W5J9JE 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W5J9JE23R0008

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE (SF 30)

The following have been added by full text:

AMENDMENT 0003

W5J9JE23R0008 ProjNet Bidder Inquiries Amendment 0003 – Bidder Inquiry Responses

The purpose for amendment 0003 follows:

1. Added sections G and H to Section 00 21 00 Instructions to Offerors for Bid Guarantee, Bank Letter of Guarantee, Other Sureties.

2. Provide the following Attachments Excluded from the Solicitation Posting: Attachment A - Past Performance Questionnaire (PPQ), Attachment B - Experience Overview Sheet, Attachment C - Experience Information Sheet.

3. Add the following Attachments to the Solicitation via Amendment 0003: Attachment D - Bank Letter of Assurance Sample and Attachment E - Bank Letter of Guarantee Sample.

4. Close the Bidder Inquiry on 05 May 2023. The inquiry system in ProjNet will be closed after this time and will not accept further postings.

5. Inquiries not responded to in amendment 0003 will be responded in amendment 0004.

6. Extend the proposal due date. Proposals are due not later than 18 May 2023 by 12:01 PM Arabian Standard Time, UTC +3.

7. All other terms and conditions remain unchanged.

Bidder Inquiries Questions & Answers

Inquiry ID: 10202809 Inquiry: This contract will be performed outside of the United States, we would like to seek the Contracting Officer's that it maybe impracticable for many otherwise eligible offerors to access bonding or other financial assurance from U.S. Treasury approved sureties. As such, in accordance with FAR Part 28 and applicable contract clauses; we kindly request the KO to consider additional bonding and financial assurance instruments include Bank Letters of Guaranty (BLG) from Iraqi Banks.

Response: Section 00 21 00 Instructions to Offerors, added G. Attachments and H. Bid Guarantee, Bank Letter of Guarantee (BLG), Other Sureties. Please see Attachment D – Bank Letter of Assurance Sample (Amdt 0003) and Attachment E – Bank Letter of Guarantee Sample (Amdt 0003) for examples to consider for this proposal.

Inquiry ID: 10229575 Inquiry: Kind request to provide at least 2 weeks of extension on Bid Due date.

Response: An extension has been considered with solicitation amendment 0003. Proposals are due not later than 18 May 2023 by 12:01 PM Arabian Standard Time, UTC +3.

Inquiry ID: 10229788 Inquiry: According to SOW document, new generator must be from the same manufacturer and model as the existing generator. We contacted with manufacturer, and they requested photo of nameplate on alternator. Could you please share the requested nameplate photo?

Response: Attached are photographs of the generator:

20221215_133828-generator, 20221215_133835-generator-brand 20221215_133928-old-generator-to-remove

Inquiry ID: 10230036 Inquiry: Can you please provide instructions for the submission of the bid guarantee? Is there a physical courier address where you would like it to be delivered or is an electronic copy sufficient?

Response: Bonds should be delivered to the following address:

U.S. Army Corps of Engineers, Transatlantic Expeditionary District Attn: Contracting Officer Building T-340

APO, AE 09366

Inquiry ID: 10230824 Inquiry: Hikvision cameras are not NDAA889 compliant. Provide compliant alternative cameras and hardware to be priced and utilized.

Response: See the attached PDF document for new NDAA889 compliant cameras: Mosul Youth Cameras.pdf.

Inquiry ID: 10235001 Inquiry: I have two questions regarding the bid guarantee:

1. Is bid guarantee required to be submitted with the quote or after contract award?

2. Since this contract will be performed in Iraq (outside of the United States) therefore; it is impracticable or almost impossible for Iraqi offerors to access bonding or other financial assurance from U.S. so please confirm that you can accept bid guarantee from an Iraqi bank or an Iraqi financial institution.

Response:

A1. In accordance with the original solicitation (Standard Form 1442), Section 13, Paragraph B, an offer guarantee is required.

A2. Please refer to the response provided in Inquiry ID 10202809 in amendment 0003.

Inquiry ID: 10235030 Inquiry: Will you provide a draft for bid guarantee?

Response: Please refer to the response provided in Inquiry ID 10202809 in amendment 0003.

Inquiry ID: 10235050

Inquiry: How should we submit bid guarantee? Do we need to send hard copy? If we need to send a hard copy, is it enough to ship it before the bid closing date, or does the hard copy we sent need to reach you before the bid closing date? Can you provide an address if Hard Copy needs to be shipped?

Response: Please refer to the response provided in Inquiry ID 10235001 (1A) and ID 10202809 in amendment 0003.

Inquiry ID: 10235060 Inquiry: Could you please clarify what will be the percentages and requirements of performance and payment bonds? In the solicitation documents there is an clause only for ILC (52.228-14). On the other hand, we couldn't find any FAR or explanation for performance and payment bonds.

Response: Please refer to the response provided in Inquiry ID 10186170 in Amendment 0002.

Inquiry ID: 10235064 Inquiry: In according to FAR 52.228-1, bid bond supported by good and sufficient surety can be submitted as bid guarantee. And there is no requirement of receiving the bid guarantee from a federally insured financial institution.

For performance and payment bond there is no explanation in the solicitation except FAR 52.228-14 (ILC). And, ILCs should be received from federally insured financial institution. Could you please clarify will only ILCs be accepted as performance and payment guarantees, or can we submit bonds instead of ILCs. If bonds are acceptable, could you please share the requirements? Please consider that project will not be performed in the U.S, and receiving ILC from a federally insured financial institution is very hard for a company which is not registered in the U.S.

Response: Please refer to the response provided in Inquiry ID 10202809 in amendment 0003.

Inquiry ID: 10235329 Inquiry: The period of performance is 180 days according to your answer to inquiry ID- 10200976. Also according to solicitation document period of performance will start after NTP and NTP will be issued by Government after completion of all pre-construction activities. Could you please clarify the duration of pre-construction activities including design activities?

Response: The 180 days does not include design activities, It will be considered a pre-construction activity.

Contractor has to follow the terms and conditions of the contract for meeting design requirements. The pre-construction includes the accident prevention plan, design quality control plan, Design schedule and final design documents.

Inquiry ID: 10236300 Inquiry: Please clarify if Payment and Performance Bonds, SF-25 and SF-25A will be allowed? This is typically done through including in the contract clause FAR 52.228-15 Performance and Payment Bonds-Construction if allowed:

Please clarify what percentage of the Award Amount the Payment and Performance Bonds must be for?

Please clarify if P&P Bonds from Sureties not on the Treasury Department Circular 570 will be allowed, as that is a waiver, per the FAR, the KO can allow for foreign contract?.

Response:

A1. No, this solicitation uses 52.228-14 Irrevocable Letter of Credit.

A2. Please refer to the response provided in Inquiry ID 10202809 in amendment 0003.

A3. Please refer to answer A1.

Inquiry ID: 10236307 Inquiry: If the contractor chooses to use Irrevocable Letters of Credit (ILC) for the Surety requirements AFTER CONTRACT AWARD, what percentage of the AWARD AMOUNT does the ILC have to be for?

Response: Please refer to FAR 52.228-1c Bid Guarantee on page 22 of 22.

Inquiry ID: 10236407 Inquiry: Amendment 2 clarified/lowered the contract durations from 240 CD to 180 Calendar Days. Given that this is a Design-Build contract, will require design performance and USACE Interim and final reviews, significant submittal submissions and reviews, and ordering some materials from US or foreign markets, etc: completing the full project in 180 CD is probably not feasible. I recommend that you change the full contract durations to 365 CD or have a "Performance Period for Construction" of 180 CD AFTER design is complete/approved and Release for Construction from USACE is granted.

Response: Please refer to the response provided in Inquiry ID 10235329.

Inquiry ID: 10238824 Inquiry: The RFP for Factor 1 states to use "Past Performance Questionnaire (PPQ) included in the solicitation" Please provide the PPQ form we are to use or show where it is in the solicitation.

Response: This document has been added to the attachments for this amendment. Please refer to the response provided in Inquiry ID 10202809 in amendment 0003 Section G.

Inquiry ID: 10238832 Inquiry: Due to factors in Iraq and open questions on RFP matters, we request a 1-2 week extension in the Proposal Due date.

Response: Please refer to the response provided in Inquiry ID 10229575.

Inquiry ID: 10238861 Inquiry: Is there a specific form you would like us to use for presenting the 3-5 projects submitted under FACTOR 3

– RELEVENT EXPERIENCE WITH SIMILAR CONSTRUCTION?

Response: This document has been added to the attachments for this amendment. Please refer to the response provided in Inquiry ID 10202809 in amendment 0003 Section G.

Inquiry ID: 10238894 Inquiry: The RFP under General Information states: This solicitation pertains to a Firm-Fixed-Price contract for construction services in Iraq using a single step design-bid-build procurement process. (please note that "design-bid-build" is what USACE calls a fully designed project by USACE and the construction contractor only "bids and builds" it) In factor 2 it requests a schedule that does not include design.

The Bid Schedule has a CLIN for Architectural and Engineering Design.

In the Spec it include SECTION 01 33 16.00 10 DESIGN DATA (DESIGN AFTER AWARD) with Design requirements.

Q1. Please clarify if this is a Design-Build contract or not?

Q2. Who is the Designer of Record?

Response: A1. Please refer to page 1, Section 10, This is a Design Build Contract. A2. The contractor is the designer of record and responsible for building permits and host nation approvals.

Inquiry ID: 10238895 Inquiry: The RFP under General Information states: This solicitation pertains to a Firm-Fixed-Price contract for construction services in Iraq using a single step design-bid-build procurement process. (please note that "design-bid-build" is what USACE calls a fully designed project by USACE and the construction contractor only "bids and builds" it) In factor 2 it requests a schedule that does not include design.

The Bid Schedule has a CLIN for Architectural and Engineering Design.

In the Spec it include SECTION 01 33 16.00 10 DESIGN DATA (DESIGN AFTER AWARD) with Design requirements.

Please clarify if this is a Design-Build contract or not?

Who is the Designer of Record?

Who is responsible for Building Permits and Host Nation approvals?

Response: A1. Please refer to page 1, Section 10, This is a Design Build Contract. A2. & A3. The contractor is the designer of record and responsible for building permits and host nation approvals.

SECTION 00 10 00 - SOLICITATION

The required response date/time has changed from 13-May-2023 12:01 PM to 18-May-2023 12:01 PM.

SECTION 00 21 00 - INSTRUCTIONS

The following have been added by full text:

INSTRUCTION TO OFFERORS

INSTRUCTIONS TO OFFERORS – 00 21 00

A. GENERAL INFORMATION

This solicitation pertains to a Firm-Fixed-Price contract for construction services in Iraq using a single step design-bid-build procurement process. USACE, Transatlantic Expeditionary District (TAE), has a requirement from the Operation Inherent Resolve (OIR) mission for the repair and renovation of the Juvenile Detention Center in Mosul, Iraq. The project will be constructed in accordance with current Iraqi and U.S. building codes, safety, and security standards.

The primary North American Industry Classification System (NAICS) code for work under this procurement is 236220 (Commercial and Institutional Building Construction) with a small business size standard of $45M.

The contractor shall provide all management, administration, quality control, labor, transportation, equipment, materials, vehicles, heavy equipment, supplies and other items as necessary to perform the services contained in the scope of work.

System for Award Management (SAM). US-based contractors must be registered in the System for Award Management (SAM) and determined to be responsible prior to Award. For more information, see the SAM website at https://www.sam.gov/portal/public/SAM/. Offerors must have NAICS code 236220 – Commercial and Institutional Building Construction listed in their SAM registration.

Joint Contingency Contracting System (JCCS): Offerors must demonstrate that they are registered in the JCCS.

Offerors must provide evidence of an active JCCS registration in good standing, which is current as of the date of proposal receipt. Offerors must be registered in the JCCS to be considered eligible for award. Information on JCCS registration is available at the following web-site: https://www.jccs.gov. The Government may choose to search the JCCS database using the JCCS Company ID number supplied by the vendor to verify eligibility. An “Unacceptable” rating will be assigned to Offerors providing incomplete or incorrect information pertaining to JCCS registration.

If an offeror is a joint venture (JV), the JV entity must have a valid registration representing the JV as one business/firm/entity. This is applicable to SAM and JCCS. The Government will not accept separate registrations and licenses for each separate entity representing the JV.

B. PROPOSAL REQUIREMENTS, CONTENT, AND FORMAT

The Government will not reimburse any costs incurred or associated with preparation and submission of any responses to this solicitation. Any oral explanations or instructions to offerors if made, are not binding. Any information given to an offeror which impacts the solicitation and/or offer will be given in the form of a written amendment to the solicitation. The solicitation and any and all amendments to the solicitation will be issued electronically via public announcement on the SAM website. It is each offeror’s responsibility to acknowledge any amendments in its proposal submission.

Offerors should not modify the terms and conditions of the solicitation in either the non-price (technical) or price proposal or add conditions or qualifications to their offers. Should an offeror include terms and conditions that conflict with the terms and conditions of the solicitation, that offeror may be determined to be ineligible for award.

The offeror should resolve any questions related to specific terms and conditions contained within the solicitation prior to submission of their offer.

References to “confidential” projects cannot be submitted to demonstrate capability unless all of the information required for evaluation as specified herein can be provided to the Government as part of an offeror’s technical proposal. Offerors that include information in their proposals they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall clearly mark their proposals in accordance with the instructions at FAR clause 52.215-1, Instructions to Offerors-Competitive Acquisition, paragraph (e), Restriction on Disclosure and Use of Data.

Use of the words “will”, “shall”, or “must” indicates a mandatory requirement. Failure to comply with a mandatory requirement at the time and date for submission of proposals, shall result in an offeror’s proposal being disqualified from consideration for award, unless the Government determines to conduct discussions in accordance with FAR 15.306, thereby providing a means by which appropriate corrections by the offeror(s) involved could be made.

Failure to comply with requirements annotated with the words “should” or “may” could result in an unacceptable rating of an offeror’s non-pricing ratings and may have a significant effect upon an offeror being selected for the contract award. Time periods, if stated as a number of days, are calendar days unless otherwise specified.

C. PROPOSAL CONTENT

Offerors are required to submit proposals with at least the minimum content specified herein. A proposal without the minimum content may result in a determination that the proposal is unacceptable. The Government will not make assumptions concerning intent, capabilities, or experiences. Clear identification of proposal details shall be the sole responsibility of an offeror.

All information that the offeror intends to be evaluated as part of the non-price (technical) proposal shall be submitted with the non-price proposal. Do not include references to material or information not found within the technical proposal. Referencing information not found within the qualification proposal could lead to an offeror’s proposal being determined unacceptable if materially incomplete in any aspect.

VOLUME I – NON-PRICE (TECHNICAL) PROPOSAL: The information required within each factor of an offeror’s technical proposal is described below. Do not submit pricing information with the non-price (technical) proposal. Offerors are reminded to adhere to any page limitations stated in a specific factor. Volume 1 shall not exceed 50 pages, front and back, including the Table of Contents.

COVER PAGE: A cover page shall appear at the beginning of Volume I and, at a minimum, shall consist of the following information:

Solicitation number Offeror’s name, physical mailing addresses, telephone number, and email address of the official having the authority to bind the offeror contractually Offeror’s JCCS Number or SAM Unique Identifier

TABLE OF CONTENTS: A table of contents shall be placed in Volume I, which identifies major areas by title and page numbers. This volume contains Tab A though Tab C. Submit one (1) electronic copy of this volume.

NON-PRICE (TECHNICAL) PROPOSAL (Volume I):

FACTOR LOCATION DESCRIPTION

Factor 1 Vol 1, Tab A Past Performance Factor 2 Vol 1, Tab B Technical Approach

Factor 3 Vol 1, Tab C Relevant Experience with Similar Construction

Failure to submit the required information, including Representation and Certifications (Section 00 45 00), may result in a determination that the proposal is unacceptable.

VOLUME II - PRICE PROPOSAL: The information required within an offeror’s price proposal is described under the price evaluation, Factor 4, Price below. Volume II shall include the following:

Cover Page: A cover page shall appear at the beginning of Volume II and, at a minimum, shall consist of the following information:

Solicitation number, offeror’s name, physical mailing addresses, telephone number, and email address of the official having the authority to bind the offeror contractually

Offeror’s JCCS Number or SAM Unique Identifier

Table Of Contents: A table of contents shall be placed in Volume II, which identifies major areas by title and page numbers.

Price Proposal - Signed Solicitation, Offer, and Award (SF 1442) with blocks 14-20c completed, including acknowledgment of all amendments.

Completed SF 1442, Section 00 11 00, CLIN Schedule.

Offerors shall verify that the information for all forms submitted is current, correct, and complete, including names of points of contact, email addresses, and telephone numbers.

Failing to submit or completely fill out the solicitation attachments may result in a determination that the proposal is unacceptable. Therefore, offerors are urged to follow instructions and raise questions through the Bidder Inquiry process (via ProjNet) described in Section II.D, below.

D. PROPOSAL FORMAT

Proposals must be typed and submitted in English. Proposals submitted in a language other than English will be considered unacceptable. Letters, licenses, agreements, if not written in English, must be accompanied by an English translated copy with a signed statement, in English, by an authorized representative who can bind each partner that the English translation is true and correct.

An offeror’s proposal must be submitted as two separate files in PDF (or comparable) formats: Volume I – Non- Price (Technical) proposal and Volume II – Price. Each volume must include the content and adhere to the format discussed above.

A 50-page limit applies. Pages furnished for organizational purposes only such as a cover page, tabs, separator pages, or a table of contents are not included in the page limitation. Corporate certificates, joint venture agreements, and Letters of Commitment are also not included in page limitations.

The Volume 1 – Non-Price (Technical) proposal shall be sized to print on 8 1/2” x 11” paper, that is A4; the equivalent to 11” X 17” for drawings, that is A3. Font size shall be no smaller than 10 point font. Page is defined as a single sheet of paper with text on one side.

Offerors shall include the following notification on the bottom of each page of their proposals: “Source Selection Information – See FAR 2.101 and 3.104. Do not disclose any source selection information to any unauthorized person.” Proprietary information must be clearly marked.

All information must be confined to the appropriate volume. The Offeror should limit the proposal to the required information sufficient to provide the Government an adequate basis for evaluation. Offerors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of their proposal.

E. PROPOSAL SUBMISSION INSTRUCTIONS

Proposals shall be submitted by email only to the specified email addresses. Proposals shall be submitted via email to: DLL-CETAE-CT-Proposal-Submission@usace.army.mil and carbon copy (cc) Dawn.S.Barnett@usace.army.mil. Multiple emails may be submitted. In the case of multiple emails, include in the subject of the emails # of #. The subject of the email shall be labeled: Email _#_ of _#_ W5J9JE-23-R-0008 - COMPANY NAME. You are encouraged to request a delivery receipt and read receipt with your email submission.

The Kuwait time zone will be used for the purposes of determining whether the proposal was received "late" in accordance with FAR 15.208. Do not assume that electronic communication is instantaneous. Please make allowances for delays in transmittal.

Proposals are due no later than May 13, 2023 by 12:01 PM Arabian Standard Time, UTC +3. Proposals received after this date and time will not be accepted. Facsimile proposals are not permitted. It is an offeror’s responsibility to ensure its proposal is received by the Government system by the date and time of the proposal deadline.

Undeliverable messages due to an offeror’s proposal size or IT issues are not the responsibility of the Government.

Late Proposals:

Any proposal, modification, or revision received by the Government after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the contracting officer determines that accepting the late proposal would not unduly delay the acquisition; and – if it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m.one working day prior to the date specified for receipt of proposals; or there is acceptable evidence to establish that it was received at the Government installation designated for receipt of proposals and was under the Government's control prior to the time set for receipt of proposals; or it was the only proposal received.

However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

F. SOLICITATION INQUIRIES

All inquiries regarding this solicitation are to be submitted at https://www.projnet.org/projnet/. Telephone and email inquiries will not be accepted. ProjNet is a web-based program that allows offerors to post questions regarding the solicitation and view all questions by other bidders and responses by USACE.

Offerors shall only submit one question per inquiry. All inquiries containing multiple questions will be rejected.

Offerors will receive an acknowledgement of their question(s) via email, followed by an answer to their question(s) after it has been processed by our technical team. Offerors may view all bidder inquiries through ProjNet.

For the request for proposal, bidder inquiries will be accepted up to seven (7) days prior to proposal due date. The inquiry system in ProjNet will be closed after this time period and not accept further inquiry postings.

To submit and review bid inquiries, prospective offerors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access.

The Bidder Inquiry Key is: DND4IQ-7R3NZN

Specific Instructions for ProjNet Bid Inquiry Access:

From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen. Identify the Agency as USACE. Enter the Bidder Inquiry Key listed above. Enter the email address you would like to use for communication. Click “Continue”. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system. Click “Add User”. Once this is completed you will be registered within ProjNet and logged into the system.

Submit questions or review questions and answers. A bidder who submits a question will receive an automated email notification that their question has been received. When an answer is posted to a question, the question and answer are then available for all other bidders to review.

For specific step-by-step for POSTING YOUR INQUIRIES, see the Reference link on the Contract Viewer.

For questions about the ProjNet-®, please contact the Call Center help desk USA toll free at 1-800-428-HELP, which operates from 8AM to 5PM (Central US time zone). ProjNet-® questions can also be emailed to the helpdesk at staff@rcesupport.com.

The Government does not intend to hold a Site Visit.

G. ATTACHMENTS

The following attachments are applicable to this solicitation:

Attachment A (Amdt 0003) - Past Performance Questionnaire (PPQ), Attachment B (Amdt 0003) - Experience Overview Sheet, Attachment C (Amdt 0003) - Experience Information Sheet, Attachment D (Amdt 0003) - Bank Letter of Assurance Sample and Attachment E (Amdt 0003) - Bank Letter of Guarantee Sample

H. BID GUARANTEE, BANK LETTER OF ASSURANCE (BLA), BANK LETTER OF GUARANTY

(BLG), OTHER SURETIES

40 U.S.C. chapter 31, subchapter III, Bonds (formerly known as the Miller Act) and FAR 28.102 require a 100% performance and payment bonds issued by an acceptable corporate surety for any construction contract exceeding $150,000. This requirement may be waived, however, by the contracting officer for work performed in foreign countries if it is found that it is impracticable for the contractor to furnish such bond.

This contract will be performed in a country outside the United States, and the contracting officer has found that it is impracticable for many otherwise eligible firms to access bonding from approved sureties. As such, and in accordance with FAR Part 28 and applicable contract clauses, the following bonding options and financial protections from other sureties are considered acceptable by the contracting officer:

1. A 100% performance and payment bond, as specified by 52.228-15, Performance and Payment Bonds – Construction. The contracting officer will only accept performance and payment bonds from corporate sureties that appear on the list contained in the Department of Treasury Circular 570, “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies,” or bonds supported by coinsurance or reinsurance agreements from such listed sureties and conforming to the Department of the Treasury regulations in 31 CFR 223.10 and 223.11, as elaborated in FAR Part 28. The contracting officer requires any reinsurance agreements to be executed and submitted with the bonds before making a final determination on the bonds.

If an offeror intends to provide performance and payment bonds upon contract award, it must conform to the requirements in FAR provision 52.228-1.

2. A Letter of Guarantee, as specified in attachment E “BANK LETTER OF GUARANTY,” equal to 15% of the contract award. This letter may be issued by a Bank, Insurance Company, or other valid financial institution deemed acceptable to the contracting officer. This letter must conform to instructions and sample provided in the RFP. The Letter of Guaranty must be accompanied by a notarized Certificate of Authority.

It should be noted that the Government will draw on Letter of Guaranty when the contractor fails to comply with the terms and conditions of the contract, or does not fulfill his undertaking in whole or in part. As this contract requires the prime contractor to ensure the timely payment of satisfactorily performing subcontractors (see, e.g., FAR 52.232-2(c)), the failure to pay subcontractors can be considered a breach of contract and may result in the Government drawing on this Letter of Guaranty.

3. An Irrevocable Letter of Credit (ILC) that complies with the requirements of clause 52.228-14 – “Irrevocable Letter of Credit” and is equal to 15% of the proposed price. An ILC must secure both performance and payment under the contract and substantively conform to the model provided in clause 52.228-14. It must be issued or confirmed by a federally insured financial institutions rated investment grade. As per 52.228-14(d), the offeror must provide the contracting officer a credit rating from a recognized commercial rating service that indicates the financial institution has the required rating(s) as of the date of issuance of the ILC.

4. Certified or cashier’s checks, bank drafts, money orders, or currency equal to 15% of the proposed price. The checks, drafts, or money orders shall be in the same currency as the currency specified for the award of the contract.

The checks, drafts, or money orders shall be drawn to the order of the U.S. Army Corps of Engineers Expeditionary District Finance and Accounting Officer.

5. United States bonds or notes equal to 15% of the proposed price. The bond or note must be accompanied by a duly executed power of attorney and agreement authorizing the collection or sale of such United States bonds or notes in the event of default of the principal on the bond. The contracting officer may –

(a) Turn securities over to the finance or other authorized agency official; or

(b) Deposit them with the Treasurer of the United States, a Federal Reserve Bank (or branch with requisite facilities), or other depository designated for that purpose by the Secretary of the Treasury, under procedures prescribed by the agency concerned and Treasury Department Circular No. 154.

FAILURE TO PROVIDE A BID GUARANTEE OR LETTER OF ASSURANCE AS PRESCRIBED ABOVE

WILL DETERMINE YOUR PROPOSAL TO BE INCOMPLETE AND IT WILL NOT BE EVALUATED.

FAILURE TO PROVIDE A PAYMENT AND PERFORMANCE BOND OR A BLG AS PRESCRIBED ABOVE

AT THE TASK ORDER LEVEL MAY BE GROUNDS FOR TERMINATION FOR DEFAULT.

The following have been deleted:

INSTRUCTIONS TO OFFERORS

(End of Summary of Changes)