Amendment 1 W911N2-24-R-0023 released.pdf

KEVIN DUFFY

717-267-8938

LETTERKENNY CONTRACTING OFFICE - ACC

1 OVERCASH AVENUE CCAM- DSL BLDG 2S

CHAMBERSBURG PA 17201

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provi ded herei n, all t erms and condit ions of t he document refere nced in Item 9A or 10A, as heretofore change d, remai ns unchanged and in ful l force and effect .

15A. NAME AND TIT LE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

ST ANDARD FORM 30 (Rev. 10-83) Prescr ibed by GSA

FAR (48 CFR) 53.243

The purpose of this Amendment is to respond to Questions and Answers and add FAR clause 52.219-14 Limitations on Subcontracting.

See Summary of Changes. All other terms and conditions remain unchanged.

1. CO NTRACT ID CODE P AGE OF P AGES

J 1 4

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

16C. DAT E SIGNED

BY 03-Jun-2024

16B. UNITED ST AT ES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contract ing Officer )(Signature of person authorized t o sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, Count y, Stat e and Zip Code) X W911N224R0023

X 9B. DAT ED (SEE IT EM 11)

20-May-2024

10B. DAT ED (SEE IT EM 13)

9A. AMENDMENT OF SOLICITAT ION NO.

11. THIS IT EM ONLY APPLIES T O AMENDMENT S OF SOLICITATIONS

X The above numbered soli cit ati on i s amended as set forth in It em 14. The hour and date specified for rece ipt of Offer is ext ended, X is not extended.

Offer must acknowl edge rece ipt of t his amendment pri or to the hour and date specified in the sol ici tat ion or as amended by one of t he fol lowing methods:

(a) By compl eti ng Items 8 and 15, and returning 1 copi es of the amendment ; (b) By acknowledgi ng recei pt of thi s a mendment on each copy of t he offer submit ted;

or (c) By s epara te let ter or t elegram whi ch i ncludes a refe rence t o t he s olic ita tion and amendment numbers . FA ILURE OF YOU R A CKNOWLEDGMENT TO BE RECEIVED AT TH E P LACE D ESIGNATED FOR TH E RECEIPT OF OFFERS P RIO R TO THE HOUR AN D DATE SP ECIFIED MA Y RESULT IN

REJECTIO N OF YOUR OFFER. If by vir tue of thi s amendment you desire t o change an offer already submit ted, s uch c hange ma y be made by t ele gram or let ter, provided each t elegram or l ett er makes reference to the sol ici tat ion and this amendment , and is re ceived prior to the openi ng hour and dat e speci fi ed.

12. ACCOUNTING AND APPROPRIATION DAT A (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 FORT H IN ITEM 14 ARE MADE IN THE

CONT RACT ORDER NO. IN ITEM 10A.

B. T HE ABOVE NUMBERED CONT RACT /ORDER IS MODIFIED T O REFLECT THE ADMINIST RATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORT H IN ITEM 14, PURSUANT TO T HE AUTHORITY OF FAR 43.103(B).

C. T HIS SUPPLEMENT AL AGREEMENT IS ENT ERED INTO PURSUANT TO AUTHORITY OF:

D. OT HER (Specify type of modification and authorit y)

E. IMPORTANT: Contract or is not, is required to sign this document and return copies t o the issuing office.

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

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/ MODIFICATION NO. 5. P ROJECT NO .(If appli cable)

6. ISSUED BY

3. EFFECTIVE DATE

04-Jun-2024

CODE

LETTERKENNY ARMY DEPOT

LETTERKENNY CONTRACTING OFFICE - ACC

1 OVERCASH AVENUE CCAM-DSL BLDG 2S

CHAM BERSBURG PA 17201- 4150

W911N2 7. AD MINISTERED BY (If other t han item 6)

4. REQUISITION/PU RCHASE REQ. NO.

CODE W911N2

FACILITY CODECODE

EMAIL:TEL:

W911N224R0023

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:

QUESTIONS AND ANSWERS #1

Questions & Answers #1

RFP W911N2-24-R-0023

Question #1: I came across this opportunity through SAM.gov. I am a certificated DBE/WBE/SBE in over 20 states working in Railroad and with Railroad Contractors. My NAICS codes are 541611, 541613, 541618. I know the code for this 488210 for the construction portions, but I work with many railroad contractors directly and manage the contracts for them, while they perform the labor. I basically serve as the Contract/Project Manager, Scheduler, etc. I have a contractor I am working with now and I wondered if you would accept a bid under my DBE eligibility with me partnering with this railroad contractor.

Answer: RSA LEAD will accept your proposal for review. Please note that all contractors shall be required to comply with the Limitations on Subcontracting clause FAR 52.219-14 Limitations on Subcontracting. Consideration of any proposal does not obligate RSA LEAD to issue an award, which will be issued based on the factors identified in 52.212-2.

52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that--

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to--

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are--

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are--

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for--

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause--

[Contracting Officer check as appropriate.]

By the end of the base term of the contract and then by the end of each subsequent option period; or

___ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph

(e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protege and its mentor approved by the Small Business Administration, the small business protege shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protege in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

(End of clause)

(End of Summary of Changes)