AM03.pdf

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

1 2

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

W9127819R0028-0003 9 APRIL 2019 M017EU44

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.

W9127819R0028

9B. DATED (SEE ITEM 11)

15 MARCH 2019

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: UNACCOMPANIED ENLISTED PERSONNEL HOUSING, SOTO CANO AIR BASE, HONDURAS Is modified in the following: REFER TO THE ENCLOSED REVISED SPECIFICATIONS AND DRAWINGS FOR AMENDMENT NO. 0003.

NOTE: The proposal due date has been extended by this amendment. See revised Standard Form 1442 herein.

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.

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

UNACCOMPANIED ENLISTED PERSONNEL HOUSING W9127819R0028

SOTO CANO AIR BASE, HONDURAS M017EU44

SF 30 Page 2 W9127819R0028-0003

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

Standard Form 1442 Revised Standard Form 1442 as indicated herein.

00 21 16 Revised FAR Clause 52.228-1 as indicated herein.

01 00 01 Revised Paragraphs 7, 41 and 45 as indicated herein.

22 00 00 Revised Paragraph 3.12 as indicated herein.

PART II - Revised drawings are listed below. These revised 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.

SHEET

REF. TITLE OF DRAWINGS

COVER SHEET

FX001 FIRE SUPPRESSION

M001 HVAC LEGEND & NOTES

M501 HVAC DETAILS

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

4 Revised drawings as indicated in Part II.

SOLICITATION, OFFER

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

W9127819R0028

2. TYPE OF

SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

15 MAR 2019

PAGES OF PAGES

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

M017EU44

7. ISSUED BY CODE CT 8. ADDRESS OFFER TO

U.S. ARMY ENGINEER DISTRICT, MOBILE

CONTRACTING DIVISION (CESAM-CT)

109 SAINT JOSEPH STREET

MOBILE, AL 36628-0001

SAME AS BLOCK 7

IF HAND CARRIED, DELIVER TO

ROOM 1009

9. FOR INFORMATION

CALL :

A. NAME

MAJ Nicholas Cherry

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

(251)694-3848

SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

FY 19 UNACCOMPANIED ENLISTED PERSONNEL HOUSING, SOTO CANO AIR BASE, HONDURAS

* See Section 01 00 00, Paragraph “COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK”.

**Block 13A. : Refer to Section 00 11 00 for the number of copies to submit with the original offer.

11. The Contractor shall begin performance within _8____ calendar days and complete it within __*__ calendar days after receiving award, notice to proceed.

This performance period is mandatory, negotiable. (See _ __ .)

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and ___**___ copies to perform the work required are due at the place specified in Item 8 by _1400_ (hour) local time 22 APRIL 2 MAY 2019 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than __120__ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101

STANDARD FORM 1442(REV. 4-85)

Prescribed by GSA FAR(48 CFR) 53.236-1(e)

Revised by Amendment No. W9127819R0028-0003

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within _________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation - give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (contractor is required to sign this document and return _______ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award,

(b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE 31B. UNITED STATES OF AMERICA

BY

31C. AWARD

DATE

STANDARD FORM 1442 BACK (REV. 4-85)

Re-issued by Amendment No. W9127819R0028-0003

Section 00 21 16 Revised by Amendment No. W9127819R0028-0003

Section 00 21 16

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be twenty five (5) percent of the bid price or $3,000,000.00, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of provision)

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

Section 01 00 01

7. REQUESTS FOR INFORMATION (MAR 2013)

Any questions about this solicitation, including technical questions about plans and specifications, shall be submitted via the Bidder Inquiry Portal in ProjNet at https://www.projnet.org. To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access. A prospective vendor who submits a comment /question will receive an acknowledgement of their comment/question via email, followed by an answer to the comment/question after it has been processed by our technical team. All timely questions and approved answers will be made available through ProjNet. Questions shall be submitted no later than 09 18 APRIL 2019, 2:00 PM Central Time to allow time for a response, and amendment to the solicitation if necessary. On this date and time the portal will be closed. For technical questions, no other means of communication, e-mail, fax, or telephone will be accepted.

Oral exchanges between offerors and the government prior to award of the contract will not be binding. In addition to information available to offerors on the Bidder Inquiry Portal, any information concerning this solicitation will be furnished to all offerors as an amendment to the solicitation if the information is necessary to the submittal of.

The Solicitation Number is: W91278-19-R-0028 The Bidder Inquiry Key is: U52YIG-PCXG9J

Specific Instructions for ProjNet Bid Inquiry Access:

1. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

2. Identify the Agency. This should be marked as USACE.

3. Key. Enter the Bidder Inquiry Key listed above.

4. Email. Enter the email address you would like to use for communication.

5. 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.

6. 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.

7. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

Specific Instructions for Future ProjNet Bid Inquiry Access:

1. For future access to ProjNet, you will not be emailed any type of password. You will utilize your

Secret Question and Secret Answer to log in.

2. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

3. Identify the Agency. This should be marked as USACE.

4. Key. Enter the Bidder Inquiry Key listed above.

5. Email. Enter the email address you used to register previously in ProjNet.

6. Click Continue. A page will then open asking you to enter the answer to your Secret Question.

7. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

Offerors are requested to review the solicitation and amendments in their entirety, as well as to review the Bidder Inquiry Portal for previous questions and responses, prior to submission of a new inquiry on the Portal.

CAUTION: ANY INQUIRY SUBMITTED AND ANSWERED WITHIN THIS SYSTEM, WILL BE

ACCESSIBLE TO VIEW BY ALL INTERESTED OFFERORS ON THIS SOLICITATION.

The call center for the ProjNet operates weekdays from 8 AM to 5 PM U.S. Central Time Zone. The telephone number is 1-800-428-HELP.

Section 01 00 01

41. PERFORMANCE BOND - SUPPLEMENT #1 (BANK GUARANTEE)

(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-

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.

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

Section 01 00 01 Revised by Amendment No. W9127819R0028-0003 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

45. BID GUARANTEE SUPPLEMENT #1 (BANK GUARANTEE)

(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

Section 01 00 01 Revised by Amendment No. W9127819R0028-0003 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-

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.

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

Section 01 00 01 Revised by Amendment No. W9127819R0028-0003 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

22 00 00 Revised by Amendment No. W9127819R0028-0003

22 00 00

3.12 TABLES

Rows 1-5, 12-18 and 25-38 and Column C of Table II are not applicable to this project.