AM01.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES

1 3

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

W91278-16-R-0015-0001 10 August 2016 MB16ET55

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

CODE

Corps of Engineers 109 St. Joseph St.

Mobile, AL 36602

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP code) 9A. AMENDMENT OF SOLICITATION

NO.

W91278-16-R-0015

9B. DATED (SEE ITEM 11)

20 July 2016

10A. MODIFICATION OF

CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended. Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing 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 ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

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 ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO 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)

The subject solicitation for: NAMRU-6 SAFE HAVEN/LAB SUPPORT BUILDING

CALLAO NAVAL BASE, LIMA, PERU

Is modified in the following: REFER TO THE ENCLOSED REVISED/REPLACED SPECIFICATIONS/DRAWINGS FOR AMENDMENT NO. 0001

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

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

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

BY

(Signature of contracting officer)

16C. DATE SIGNED

NSN 7540-01-152-8070 30-105 STANDARD FORM 30 (REV. 10-83)

PREVIOUS EDITION UNUSABLE Prescribed by GSA

NAMRU-6 SAFE HAVEN/LAB SUPPORT BUILDING W91278-16-R-0015

LIMA, PERU MB16ET55

SF 30 Page 2 W91278-16-R-0015-0001

PART I - REVISIONS MADE BY ADDED AND/OR REPLACEMENT PARAGRAPHS/PAGES/SECTIONS

The items listed below are to be replaced by the corresponding added and/or revised paragraphs/pages or sections. Added and/or revised paragraphs/pages or sections are indicated by a note in bottom right hand corner of each paragraph or page. Added sections are hereby made a part of the contract and are to be inserted in the specification in the proper numerical/alphabetical sequence.

Within the specifications, deletions from the specifications are indicated by strikethrough, e.g.: deletions are marked with strikethrough and additions to the specifications including revisions/substitutions are indicated in bold, italic and underlined, e.g.: additions are indicated thus.

Corresponding Added or Revised Paragraph SECTION Page, and/or Section

Table of Contents Revised as indicated herein

00700 Deleted paragraphs 52.228.15 and 52.236.7 as indicated herein

01 00 01 Added paragraph 22 and renumbered following paragraphs as indicated herein

01 33 00 Add Submittal Registers associated with section 10 11 00 and replaced Submittal Registers associated with Section 22 00 00

01 78 23 Added paragraph 1.7 as indicated herein

10 11 00 Added in its entirety

22 00 00 Deleted paragraph 3.7.1.1 and revised paragraphs 1.2 and

2.6 deleted paragraphs as indicated herein

PART II – Revised, replacement, added, and deleted drawings are listed below. These revised, replacement, added, and deleted drawings are to be inserted into the folio in the proper numerical sequence. Drawings that have been revised or replaced by this amendment shall be deleted from the folio. All drawings listed below are revised unless indicated otherwise.

CADD SHT

NUMBER REF. TITLE OF DRAWINGS

XCOVET55.DWG Cover Sheet

C-600 CIVIL SITE DETAILS

LP-202 LANDSCAPE DETAILS

S1.3 STRUCTURAL NOTES

ES1.1 ELECTRICAL SITE PLAN

E1.1 FIRST FLOOR LIGHTING PLAN

SF 30 Page 3 W91278-16-R-0015-0001

E1.2 SWECOND FLOOR LIGHTING PLAN

E4.1 FIRST FLOOR FIRE ALARM/MASS NOTIFICATION PLAN

E5.1 FIRST FLOOR SECURITY PLAN

Encl as stated Revised pages of the specifications as indicated in Part I.

9 Revised drawings as indicated in Part II.

Table of Contents Page 1 Revised by Amendment No. W91278-16-R-0015-0001

TABLE OF CONTENTS

VOLUME 1 OF 3

CHECKLIST FOR PREPARATION OF OFFERS

BIDDING REQUIREMENTS

Contract Clauses

STANDARD FORM 1442 - SOLICITATION, OFFER, AND AWARD

BIDDING SCHEDULE

EXPLANATION OF BID ITEMS

STANDARD FORM 24 - BID BOND

STANDARD FORM 28 - AFFIDAVIT OF INDIVIDUAL SURETY

STANDARD FORM LLL - DISCLOSURE OF LOBBYING ACTIVITIES

00100 INSTRUCTION TO BIDDERS

00 11 00 PROPOSAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS

00 12 00 EVALUATION CRITERIA AND BASIS OF AWARD

00600 REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS

00700 CONTRACT CLAUSES

00800 SPECIAL CLAUSES REQUIREMENTS

CESAM FORM 1151, PROMPT PAYMENT CERTIFICATION AND SUPPORTING

DATA FOR CONTRACTOR PROGRESS PAYMENT INVOICE

SPECIFICATIONS

DIVISION 01 - GENERAL REQUIREMENTS

01 00 00 ADDITIONAL SPECIAL CONTRACT REQUIREMENTS

01 00 01 GENERAL CONTRACT REQUIREMENTS

01 32 01.00 10 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

SUBMITTAL REGISTER

FORM 4025

01 33 29 SUSTAINABILITY REPORTING

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 42 15 METRIC MEASUREMENTS

01 45 00.00 10 QUALITY CONTROL

01 45 00.10 10 QUALITY CONTROL SYSTEM (QCS)

SAM FORM 696

01 45 35 SPECIAL INSPECTION FOR SEISMIC-RESISTING SYSTEMS

01 57 19.00 20 TEMPORARY ENVIRONMENTAL CONTROLS

01 78 23 OPERATION AND MAINTENANCE DATA

DIVISION 02 – EXISTING CONDITIONS

02 41 00 DEMOLITION AND DECONSTRUCTION

DIVISION 03 – CONCRETE

03 11 13.00 10 STRUCTURAL CAST-IN-PLACE CONCRETE FORMING

03 15 00.00 10 CONCRETE ACCESSORIES

03 20 00.00 10 CONCRETE REINFORCING

03 30 00.00 10 CAST-IN-PLACE CONCRETE

03 35 00.00 10 CONCRETE FINISHING

03 39 00.00 10 CONCRETE CURING

Table of Contents Page 2

DIVISION 05 – METALS

05 05 23.16 STRUCTURAL WELDING

05 12 00 STRUCTURAL STEEL

05 30 00 STEEL DECKS

05 50 13 MISCELLANEOUS METAL FABRICATIONS

VOLUME 2 OF 3

DIVISION 06 – WOOD, PLASTICS, AND COMPOSITES

06 10 00 ROUGH CARPENTRY

06 20 00 FINISH CARPENTRY

06 41 16.00 10 LAMINATE-CLAD ARCHITECTURAL CASEWORK

DIVISION 07 – THERMAL AND MOISTURE PROTECTION

07 13 53 ELASTOMERIC SHEET WATERPROOFING

07 21 16 MINERAL FIBER BLANKET INSULATION

07 22 00 ROOF AND DECK INSULATION

07 52 00 MODIFIED BITUMINOUS MEMBRANE ROOFING

07 61 14.00 20 STEEL STANDING SEAM ROOFING

07 84 00 FIRESTOPPING

07 92 00 JOINT SEALANTS

DIVISION 08 – OPENINGS

08 11 13 STEEL DOORS AND FRAMES

08 11 16 ALUMINUM DOORS AND FRAMES

08 14 00 WOOD DOORS

08 34 01 FORCED ENTRY RESISTANT COMPONENTS

08 41 13 ALUMINUM-FRAMED ENTRANCES AND STOREFRONTS

08 71 00 DOOR HARDWARE

08 81 00 GLAZING

DIVISION 09 – FINISHES

09 06 90 COLOR SCHEDULE

09 22 00 SUPPORTS FOR PLASTER AND GYPSUM BOARD

09 22 36 LATH

09 24 23 STUCCO

09 29 00 GYPSUM BOARD

09 30 13 CERAMIC TILING

09 51 00 ACOUSTICAL CEILINGS

06 65 00 RESILIENT FLOORING

06 68 00 CARPETING

09 90 00 PAINTS AND COATINGS

09 96 00 HIGH-PERFORMANCE COATINGS

DIVISION 10 – SPECIALTIES

10 14 00.20 INTERIOR SIGNAGE

10 11 00 VISUAL DISPLAY UNITS

10 21 13 TOILET COMPARTMENTS

10 22 43 SLIDING PARTITIONS

10 26 13 WALL AND CORNER GUARDS

Table of Contents Page 3

10 28 13 TOILET ACCESSORIES

10 44 16 FIRE EXTINGUISHERS

DIVISION 13 – SPECIAL CONSTRUCTION

13 48 00 SEISMIC PROTECTION FOR MISCELLANEOUS EQUIPMENT

13 48 00.00 10 SEISMIC PROTECTION FOR MECHANICAL EQUIPMENT

DIVISION 22 – PLUMBING

22 00 00 PLUMBING, GENERAL PURPOSE

22 07 19.00 40 PLUMBING PIPING INSULATION

DIVISION 23 - HEATING, VENTILATING, AND AIR CONDITIONING

23 00 00 AIR SUPPLY, DISTRIBUTION, VENTILATION, AND EXHAUST SYSTEMS

23 05 48.00 40 VIBRATION AND SEISMIC CONTROLS FOR HVAC PIPING AND EQUIPMENT

23 05 93 TESTING, ADJUSTING, AND BALANCING FOR HVAC

23 07 00 THERMAL INSULATION FOR MECHANICAL SYSTEMS

23 08 00.00 10 COMMISSIONING OF HVAC SYSTEMS

23 11 25 FACILITY GAS PIPING

23 23 00 REFRIGERANT PIPING

23 82 02.00 10 UNITARY HEATING AND COOLING EQUIPMENT

VOLUME 3 OF 3

DIVISION 26 - ELECTRICAL

26 00 00.00 20 BASIC ELECTRICAL MATERIALS AND METHODS

26 05 00.00 40 COMMON WORK RESULTS FOR ELECTRICAL

26 05 19.00 10 INSULATED WIRE AND CABLE

26 05 48.00 10 SEISMIC PROTECTION FOR ELECTRICAL EQUIPMENT

26 05 71.00 40 LOW VOLTAGE OVERCURRENT PROTECTIVE DEVICES

26 08 00 APPARATUS INSPECTION AND TESTING

26 09 23.00 40 LIGHTING CONTROL DEVICES

26 20 00 INTERIOR DISTRIBUTION SYSTEM

26 24 16.00 40 PANELBOARDS

26 28 01.00 10 COORDINATED POWER SYSTEM PROTECTION

26 28 21.00 40 AUTOMATIC TRANSFER SWITCHES

26 33 53.00 20 UNINTERRUPTIBLE POWER SUPPLY (UPS)

26 51 00.00 40 INTERIOR LIGHTING

26 52 00.00 40 EMERGENCY LIGHTING

26 53 00.00 40 EXIT SIGNS

DIVISION 27 - COMMUNICATIONS

27 05 14.00 10 CABLE TELEVISION PREMISES DISTRIBUTION SYSTEM

27 05 28.36 40 CABLE TRAYS FOR COMMUNICATIONS SYSTEMS

27 10 00 BUILDING TELECOMMUNICATIONS CABLING SYSTEM

27 13 23.00 40 COMMUNICATIONS OPTICAL BACKBONE CABLING

27 51 23.10 INTERCOMMUNCATION SYSTEM

DIVISION 28 - ELECTRONIC SAFETY AND SECURITY

28 05 26.00 40 GROUNDING AND BONDING FOR ELECTRONIC SAFETY AND SECURITY

28 20 01.00 10 ELECTRONIC SECURITY SYSTEMS

Table of Contents Page 4

28 23 23.00 10 CLOSED CIRCUIT TELEVISION SYSTEMS

28 31 76 INTERIOR FIRE ALARM AND MASS NOTIFICATION SYSTEM

--End of Project Table of Contents--

00700

00700

52.228-15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (OCT 2010)

(a) Definitions. As used in this clause--

Original contract price means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds (Standard Form 25-A). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection. (i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the U.S. Department of the Treasury, Financial Management Service, Surety Bond Branch, 3700 East West Highway, Room 6F01, Hyattsville, MD 20782. Or via the internet at http://www.fms.treas.gov/c570/.

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

(End of clause)

52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence. The

00700 Revised by Amendment No. W91278-16-R-0015-0001

Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

(NOTE: The remainder of this section is unchanged by this amendment.)

01 00 01

22. THE AWARDEE IS REQUIRED TO FURNISH PERFORMANCE BONDS IN THE

AMOUNT OF 15% WITHIN TEN (10) DAYS OF AWARD NOTIFICATION.

23. 22. PERFORMANCE BOND - SUPPLEMENT #1 (BANK GUARANTEE) (AUG 2002)

(a) Bank Guarantees that are irrevocable, unconditional and issued by financial institutions acceptable to the Contracting Officer and that are in compliance with and governed by the ICC Publication No. 458, Uniform Rules For Demand Guarantees, will be accepted for contracts under 3,000,000 U.S. dollars.

(b) Bank Guarantees must comply with the payment, extension, assignment, expiration and interruption of business provisions set out in FAR 52.228-14, Irrevocable Letters of Credit.

(c) Bank Guarantees must be accompanied by a Certification or Power Of Attorney properly notarized in accordance with local law, establishing that the person signing on behalf of the guarantor is authorized to bind the guarantor. The Guarantee and Certification or Power Of Attorney must have the same date.

(d) Bank Guarantees must also be accompanied by a “Principal and Guarantor Memorandum” executed by the principal and guarantor. A copy of the memorandum is provided in the solicitation.

(e) All documents must be in English, and all monetary amounts must be expressed in U.S. dollars and cents.

(f) The following format shall be used by the issuing financial institution to create a Bank Guarantee:

[Issuing Financial Institution’s Letterhead/Name and Address]

BANK GUARANTEE

Issue Date:

Account Party’s Name: [Name of the Contractor’s Organization]

Account Party’s Address:

Solicitation Number:

Beneficiary: United States Army Corps of Engineers, Mobile District, P.O. Box 2288, Mobile, Alabama 36628-0001

1.The undersigned hereby provides this irrevocable and unconditional guarantee in favor of the United States Army Corps of Engineers, Mobile District, in the amount of $[Amount], guaranteeing the bid of [Account Party’s name] for the [Name of Project] at [Work location and country].

2. This guarantee expires with our close of business on _______________________, or any automatically extended expiration date. We hereby undertake to honor the beneficiary’s demand for payment of the guarantee amount at any time before the expiration date, or any automatically extended expiration date.

Demand for payment can be made at [Issuing financial institution's office] at [Issuing financial institution's address].

3. This guarantee is transferable and assignable by the beneficiary. Transfer and assignments of proceeds are to be effected without charge to either the beneficiary, or the transferee/assignee. Such transfer or assignment shall be only at the written direction of the beneficiary in a form satisfactory to the guarantor.

This guarantee is not transferable or assignable by the guarantor.

01 00 01 Revised by Amendment No. W91278-16-R-0015-0001

4. If this guarantee expires during an interruption of the business of the guarantor, the guarantor specifically agrees to effect payment in the event of demand therefore by the beneficiary, within 30 days after the resumption of business.

5. In the case of any dispute between or among the guarantor, the principal contractor, and/or the beneficiary arising out of the principal contract or this guarantee, the decision of which requires considerations of questions of law, the rights and obligations of the parties shall be interpreted and determined in accordance with the substantive laws of the United States before the appropriate forum located within the United States.

6. Certification that the signatory hereto is an authorized representative of the guarantor is noted below, or attested in a separate and attached Power Of Attorney, drafted in English, and properly notarized in accordance with local law. The Principal and Guarantor Memorandum, signed by authorized representatives of the principal and guarantor, is at Enclosure 1.

Sincerely, [Name of guarantor’s representative] [Name of Issuing Financial Institution/Guarantor]

CERTIFICATION

[Country/State/Province] [Parish/County/City/Township]

I, the undersigned, do hereby affirm and verify that I am a duly commissioned, qualified, and authorized notary public in and for the [name of appropriate Political Subdivision], and that [Name of guarantor’s representative], who is personally well known to me, appeared before me this day and executed the foregoing Bank Guarantee, as a duly authorized representative of the issuing financial institution, after the contents thereof had been read and duly explained to him/her, and acknowledged that the execution of said instrument on behalf of the issuing financial institution by him/her was his/her free and voluntary act and deed for the uses and purposes therein set forth.

IN WITNESS WHEREOF, I hereunto set my hand and affix my official seal this _____ day of __________________________, 201__.

NOTARY PUBLIC

My Commission Expires:

____________________ (date)

Encl 1-Principal and Guarantor Memorandum

01 00 01 Revised by Amendment No. W91278-16-R-0015-0001

24. 23. PERFORMANCE BONDS—CONSTRUCTION SUPPLEMENT #2 (IRREVOCABLE

LETTER OF CREDIT (APR 2002)

Irrevocable Letter of Credit from a Financial Institutions Located Outside the United States:

(a)“Irrevocable letter of credit” (ILC), as used in this clause, means a written commitment by a local 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 therefore. 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 performance bond, the letter of credit and letter of confirmation formats in paragraphs (g) and (h) 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 by an acceptable, local financial institution, and confirmed by a federally insured financial institution as provided in paragraph (f) of this clause.

(d) 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.

(e) The period of required coverage shall be until completion of any warranty period.

(f) Only federally insured financial institutions rated investment grade or higher shall confirm the ILC. The offeror/contractor shall provide the Contracting Officer a credit rating that indicates the financial institution has the required rating(s) as of the date of issuance of the ILC. Unless the financial institution confirming the ILC had letter of credit business of less than $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.

(g) 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, 01 00 01 Revised by Amendment No. W91278-16-R-0015-0001 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. 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, 1993 Revision, International Chamber of Commerce Publication No. 500.

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.

7. In the case of any dispute between or among the guarantor, the principal contractor, and/or the beneficiary arising out of the principal contract or this guarantee, the decision of which requires considerations of questions of law, the rights and obligations of the parties shall be interpreted and determined in accordance with the substantive laws of the United States before the appropriate forum located within the United States.

Sincerely, [Issuing financial institution]

(h) The following format shall be used by the confirming financial institution, a qualified United States Bank:

[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.

01 00 01 Revised by Amendment No. W91278-16-R-0015-0001

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. 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, 1993 Revision, International Chamber of Commerce Publication No. 500, 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 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: ___________________

01 00 01 Revised by Amendment No. W91278-16-R-0015-0001

25. 24. PERFORMANCE BONDS—CONSTRUCTION SUPPLEMENT #3 (TREASURY

BOND) (APR 2002)

(a) To submit a U.S. Treasury Bond (TB) in lieu of a Performance Bond (PB), the principal must submit a properly executed SF 25. In the “Obligation” block, the principal must type, “See Attachment A”, referencing the letter from the principal stating that he is submitting a TB as a PB.

(b) To the SF 25 the principal must attach:

(1) A letter stating that he is submitting a TB as a PB (Attachment A). The letter must include the amount of the TB, the TB number and must be signed by the principal’s authorized representative;

(2) A Certification or Power Of Attorney attesting to the authority of the person signing the SF 25 to bind the principal;

(3) A statement from principal authorizing USACE to collect and sell the TB. The statement must include the amount of the TB, the TB number and must be signed by the principal’s authorized representative;

(4) A U.S. Treasury Bond equal at its par value to the penal sum.

(c) All monetary amounts must be expressed in U.S. dollars and cents.

(d) All documents must be in English.

(End of provision)

26. 25. KEY INDIVIDUALS (JAN 2004)

List the names of all of the owners (those holding more than a 50% interest), corporate officers and other key individuals of the Offeror's company, corporation, joint venture, partnership or other entity, as appropriate. Please print or type the information below. Continue on a separate sheet, as necessary.

Name:

Title/Position:

(End of paragraph)

01 00 01 Revised by Amendment No. W91278-16-R-0015-0001

27. 26. COMPLIANCE WITH LAWS, RULES AND CUSTOMS

a. The Contractor shall be responsible for furnishing the Government of the host country with the names of personnel, type and amounts of equipment, dates and length of time required at the site, and purpose of entering, so that proper clearances may be obtained from the host country. It is understood that areas to which rights of entry are provided by the host country Governments are to be used only for work carried out under the contract and no destruction or damages shall be caused, except through normal usage, without concurrence of the host country Government.

b. The following items are a non-exclusive list of the types of local conditions that are the sole responsibility of the Contractor to investigate, estimate as to cost, and assume the risk, as normally encountered by Contractors on fixed-price contracts. The Contractor shall be responsible for determining the effects of these items and any similar local requirements on his own cost of performance of the contract and for including sufficient amount in the contract price.

1. Official language and type of accounts required to satisfy the officials of the local Government.

2. Entry and exit visas, residence permits, and residence laws applicable to aliens.

3. Passports, health and immunization certificates, and quarantine clearances.

4. Compliance with local labor and social insurance laws, including payment of employer's share of contribution, collecting balance from employee and paying into insurance funds (if any).

5. Compliance with host nation law concerning insurance of payments to all persons supplying labor or material in prosecution of the work provided for in the contract.

6. Strikes, demonstrations and work stoppage.

7. Collection through withholding and payment to local Government of any income tax on employees subject to tax.

8. Operating under local laws, practices, customs and controls in connection with such matters as hiring and firing, mandatory wage scales, vacation pay, severance pay, overtime, holiday pay, 7th day of rest, legal notice or pay in lieu thereof for dismissal of employees, slowdown and curtailed schedules during religious holidays and ratio of the host country's labor employed in comparison to others.

9. Possibility of claims in local bureaus, litigation in local courts, or attachment of local bank accounts.

10. Compliance with workmen's compensation laws and contribution into funds. Provisions of necessary medical service for Contractor employees.

11. Special licenses (if any) required by the Government of the host country for setting up and operating any manufacturing plant, e.g., concrete batching, precast concrete, concrete blocks, etc.

12. Sales within the host country of contractor-owned materials and equipment.

13. Special licenses for physicians, mechanics, tradesmen, drivers, etc.

14. Identification and/or registration with local police of imported personnel.

15. Stamp tax (if any) on documents, payments and payrolls.

16. Arranging to receive payments and process and remove funds from the host country.

17. Obtain tax exempt card from foreign government for prime Contractor as well as subcontractors.

18. All Honduran males between the ages of 18 and 30 are subject to the Honduran military draft. Only those Honduran males with exemption cards, issued by the Honduran Military Authorities or those with proof of prior service in the Honduran Armed Forces shall be permitted to work on Honduran Military Installations.

c. No duty or fee will be assessed on materials, equipment or supplies other than charges for services requested and ordered.

28. 27. PROHIBITION AGAINST CONTRACTING WITH INDIVIDUALS OR ENTITIES

DESIGNATED AS SIGNIFICANT NARCOTICS TRAFFICKERS

Pursuant to Executive Order 12978 entitled "Blocking Assets and Prohibiting Transactions with Significant Narcotic Traffickers" dated October 21, 1995, the offeror certifies that it has not and will not be involved in business transactions with individuals or business entities designated as significant narcotics traffickers under this Executive Order. For a current listing of specially designated nationals and blocked persons, contact the Office of Foreign Assets Control, Department of the Treasury, Washington, DC 22201; telephone 202/622- 2420.

29. 28. CERTIFICATES OF COMPLIANCE

Any certificates required for demonstrating proof of compliance of materials with specification requirements shall be executed in four copies. Each certificate shall be signed by an official authorized to certify on behalf of the manufacturing company and shall contain the name and address of the Contractor, the project name and location, and the quantity and date or dates of shipment or delivery to which the certificates apply. Copies of laboratory test reports submitted with certificates shall contain the address of the testing laboratory and the date or dates of the tests to which the report applies. Certification shall not be construed as relieving the Contractor from furnishing satisfactory material, if, after tests are performed on selected samples, the material is found not to meet the specific requirements.

(End of Paragraph)

30. 29. TEMPORARY ELECTRICAL SERVICE

All temporary electrical service on the project, and within all temporary and permanent structures shall be installed and maintained in compliance with the provisions of EM 385-1-1, dated September 1996, Corps of Engineers Safety and Health Requirements, and APPENDIX T of Mobile District Regulation 385-1-1, Electrical Service Requirements for Construction and Maintenance Operations. Copies of these publications are available for inspection in the District Office by Prospective bidders, and will be furnished to the successful bidder.

31. 30. BULLETIN BOARD

Immediately upon beginning of work under this contract, the Contractor shall provide at the job site a weatherproof glass-covered bulletin board for displaying the fair employment poster, wage rates, and safety bulletins and posters.

Emergency telephone numbers and reporting instructions for ambulance, physician, hospital, fire and police shall be posted. The bulletin board shall be located in a conspicuous place easily accessible to all and legible copies of the aforementioned data shall be displayed until work under the contract is completed. No direct payment will be made for the bulletin board.

32. 31. PRESERVATION OF HISTORICAL, ARCHEOLOGICAL AND CULTURAL

RESOURCES

(a) If known historical, archeological and cultural resources exist within the Contractor's work area, they have been designated on the contract drawings. The Contractor shall install protection for these resources as shown on the

01 00 01 Revised by Amendment No. W91278-16-R-0015-0001 drawings and shall be responsible for their preservation during the contract.

(b) If, during construction activities, the Contractor observes items that might have historical or archeological value, such observations shall be reported immediately to the Contracting Officer so that the appropriate authorities may be notified and a determination can be made as to their significance and what, if any, special disposition of the finds should be made. The Contractor shall cease all activities that may result in the destruction of these resources and shall prevent his employees from trespassing on, removing, or otherwise damaging such resources.

33. 32. AWARD OF MULTIPLE PROJECTS TO A SINGLE CONTRACTOR

In the event that multiple projects are awarded to a single Contractor under this advertisement, the requirements of both the Contract and Special Clauses shall apply equally to each individual project. For example, each project will require a bulletin board, a project sign, and a job superintendent.

34. 33. EQUIPMENT DATA

(a) Major Equipment. The Contractor shall be required to make a list of all installed equipment furnished under this contract. This list shall include but not be limited to each piece of equipment which has a serial number.

This list shall include all information usually listed on manufacturer's name plate, so as to positively identify the piece of property. This list shall also include the cost of each piece of installed property (less installation costs) F.O.B.

construction site. The above referenced list shall be furnished as soon as possible after equipment is purchased. The list shall be furnished as one (1) reproducible and three (3) copies and shall be furnished to Contracting Officer not later than thirty calendar days prior to completion of any segment of the contract work which has an incremental completion date. Listing will be on Government furnished MOB Form 897, available from the Contracting Officer.

(b) Other Equipment. The Contractor will be required to furnish a brochure, catalog cut, parts list, manufacturer's data sheet or other publication (including the manufacturer's name and address) which will show detailed parts data on all other equipment, such as hardware, plumbing and lighting fixtures, etc., subject to repair and maintenance procedures. The data shall be furnished in four (4) copies to the Contracting Officer not later than thirty calendar days prior to completion of any segment of the contract work which has an incremental completion date.

35. 34. ENFORCEMENT OF WARRANTIES

(1) Performance Bond.

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(a) It is understood that the Contractor's Performance Bond will remain effective throughout the life of all warranties and warranty extensions, except when the warranty period for a particular item extends beyond the one year after contract completion.

(b) In the event the Contractor or his designated representative fails to commence and diligently pursue any work required under the Special Clause entitled "Warranty of Construction" within a reasonable time after receipt of written notification pursuant to the requirements thereof, the Contracting Officer shall have a right to demand that said work be performed under the Performance Bond by making written notice on the surety. If the surety fails or refuses to perform the obligation it assumed under the Performance Bond, the Contracting Officer shall have the work performed by others, and after completion of the work, shall make demand for reimbursement of any or all expenses incurred by the Government while performing the work, including, but not limited to administrative expenses.

(c) Warranty repair work which arises to threaten the health or safety of personnel, the physical safety of property or equipment, or which impairs operations, habitability of living spaces, etc., will be handled by the Contractor on an immediate basis as directed verbally by the Contracting Officer or his authorized representative. Written verification will follow verbal instructions. Failure of the Contractor to respond as verbally directed will be cause for the Contracting Officer or his authorized representative to have the warranty repair work performed by others and to proceed against the Contractor as outlined in paragraph b, above.

(2) Pre-Warranty Conference. Prior to contract completion and at a time designated by the Contracting Officer or his authorized representative, the Contractor shall meet with the Contracting Officer to develop a mutual understanding with respect to the requirements of the Special Clause entitled "Warranty of Construction" of this specification. Communication procedures for Contractor notification of warranty defects, priorities with respect to the type of defect, reasonable time required for Contractor response, and other details deemed necessary by the Contracting Officer or his authorized representative for the execution of the construction warranty shall be established/reviewed at this meeting.

In connection with these requirements and at the time of the Contractor's quality control completion inspection, the Contractor will furnish the name, telephone number and address of a licensed and bonded company which is authorized to initiate and pursue warranty work action on behalf of the Contractor. This single point of contract will be located within the local service area of the warrantied construction, will be continuously available, and will be responsive to Government inquiry on warranty work action and status. This requirement does not relieve the Contractor of any of his responsibilities in connection with the Special Clause entitled "Warranty of Construction."

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36. 35. HAZARD ANALYSIS PLAN

A hazard analysis plan, as described in Section 1, Article 01.A.05 of the Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, dated November 2003, is required for this contract.

37. 36. CONTRACTOR MAINTENANCE

At the end of each working day the Contractor shall police the work area and the area immediately surrounding the work area of all work-related debris. The Contractor shall comply with all applicable safety requirements and shall conduct his operations in a manner to insure an accident-free environment. Contractor shall keep all grassed areas within his work area in a neatly trimmed state during the growing season. Stacked materials shall not be within 25 feet of an active roadway.

38. 37. PROTECTION OF MATERIAL AND WORK

The Contractor shall at all times protect and preserve all materials, supplies and equipment of every description (including property which may be Government-furnished or owned) and all work performed. All reasonable requests of the Contracting Officer to enclose or specially protect such property shall be complied with. If, as determined by the Contracting Officer, material, equipment, supplies, and work performed are not adequately protected by the Contractor such property may be protected by the Government and the cost thereof may be charged to the Contractor or deducted from any payments due him.

39. 38. SITE OUTAGES

Electrical, water, sewage, gas, and other utility outages will be granted at the convenience of the Government.

Generally, such outages will be granted on weekends, holidays, and at night. The Contractor shall request such outages in writing at least fifteen (15) days in advance of the time required so that necessary coordination with the Using Service can be made. Energized power lines shall not be worked hot.

40. 39. APPLICABILITY OF HOST COUNTRY LAW

The Contractor and all of his subcontractors and suppliers shall respect and abide by and will insure that their employees and their dependents respect and abide by all applicable laws, regulations and decrees of the host country.

41. 40. REMOVAL OF CONTRACTOR EQUIPMENT, MATERIALS, TOOLS AND

SUPPLIES

All construction equipment, materials, form system, tools and/or supplies belonging to the Contractor and required for the performance of this work but not incorporated into the work, will remain the property of the Contractor and, upon approval of the Contracting Officer, the Contractor will be permitted to remove any of the same from the work sites.

a. The Contractor may use or resell same at his convenience and without additional cost to the Government, so long as he complies with all laws and regulations of the Government of host country, including applicable customs, duties, taxes, licenses, import bonds and other charges which may be imposed thereon by the Government of the host country. The host country shall have the first option to acquire any equipment, materials, supplies, or other movable property imported into or procured within the host country under this contract.

b. The Contractor shall also be permitted to export such equipment, materials, tools or supplies without payment of customs, duties, taxes, or other charges, except for services requested or ordered.

42. 41. LANGUAGE

a. Translation. Drawings, specifications, instruction, or other documents furnished to the Contractor by the Government in connection with the performance of the work will be in the English language only. Such translations thereof as are necessary or proper for the performance of the work, shall be provided by the Contractor.

Errors or omissions in such translations from the Government-furnished drawings, specifications, instructions or other documents shall be the responsibility of the Contractor. The English text shall govern in the event of disagreements occasioned by differences between the text and the Contractor's translation of drawings, specifications, instructions or other documents furnished by the Government pursuant to the provisions of the contract. All correspondence, drawings, and other documents submitted by the Contractor shall be entirely in English, except as otherwise provided in the contract. All reference in correspondence or other documents to monetary sums shall be furnished in United States dollars.

43. 42. DUTIES, TAXES AND LICENSE FEES (COSTA RICA, EL SALVADOR AND

GUATEMALA)

All materials, equipment and supplies that are for use on and/or incorporated into this project are exempt from all taxes, customs, duties, and tariffs, except for the national value added tax (IVA). The Contractor warrants his price for this contract is exclusive of any such charges, except for the national value added tax (IVA).

a. IVA Tax Exoneration Process for El Salvador.

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The awarded contractor will be provided with a copy of the IVA EXONERATION CARD of the Resident Engineer. The Contractor will present a copy of IVA Exoneration Card to the vendor when purchasing materials to be incorporated into the contract. The name on the invoice for materials shall be that of the Resident Engineer (the name shown on the IVA Exoneration card) and shall include the card number. Every three months the contractor will submit all invoices for purchases made during the previous three months to the COE Project Office at the Embassy in El Salvador. The COE will review the invoices and will provide a memo to the contractor, certifying that all purchases have been reviewed and approved for the contract. The contractor shall keep the memo in his accounting records for auditing purposes.

b. IVA Tax Exemption in Guatemala.

Following award, a coordination meeting between the contractor and the Embassy IVA exemption representative will be held. Invoices shall be in Spanish and in Quetzales. Invoices shall be issued under the name of: EMBAJADA DE ESTADOS UNIDOS and include the NIT number. The NIT number will be provided during the coordination meeting. Copies of all invoices shall be submitted to the embassy representative for validation and approval.

44. 43. CUSTOM CLEARANCE

In order to expedite the movement of materials obtained by the Contractor from sources outside of the host country for use in performance of work under this contract, the Contractor shall take all actions as necessary to meet the following requirements:

a. All shipments of materials into the host country for use in performance of work under this contract and supplies or services necessary for support of the Contractor's personnel shall be addressed to the Area Engineer.

Complete shipping address will be furnished to the Contractor by the Contracting Officer upon request.

b. The Contractor shall be responsible for all customs clearances actions. All necessary arrangements, clearance procedures, and coordination with the host country's custom officials will be the sole responsibility of the Contractor. The Contractor shall submit to the Contracting Officer "with a cover letter, the shipping documents" for the shipment(s) involved. As a minimum, the following shall be included as enclosures, with the cover letter to the Contracting Officer in three (3) copies:

1. Invoice.

2. Bill of lading.

3. Certificate of origin.

4. Statement on the cover letter as to Port of Customs Clearance, estimated arrival date, general description of the shipment, quantity and the name of the carrier.

5. Contractor certification that materials, equipment and supplies will be consumed, incorporated into the work or disposed of.

c. The Contractor shall be responsible for performance of all transportation or other physical handling of materials as may be required, including all movement from carrier unloading site to delivery at the job site and all movement required at the customs areas.

45. 44. CONTRACTOR LIAISON WITH THE GOVERNMENT OF THE HOST COUNTRY

All communication by the Contractor with all officials, representatives and/or offices of the Government of the host country in all matters pertaining to the design and construction of this contract shall be through and in full liaison with the Contracting Officer.