9r15-am4.pdf

1. CONTRACT ID CODE PAGE OF PAGES

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 2

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

0004 27 Jul 09

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

Contracting Division USAED, Honolulu, Bldg 1507 Ft Shafter, HI 96858-5440

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State, and Zip Code) (x) 9A. AMENDMENT OF SOLICITATION NO.

W9128A-09-R-0015 X

9B. DATED (SEE ITEM 11)

6/30/09

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

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 Offers [ ] is extended, [ X ] 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 __1__ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR 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.

(x) 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.)

Multiple Award Task Order Contract (MATOC) for Construction Services to include Design Build Construction Services Within the Honolulu Engineer District Area of Responsibility

See Page 2 of 2 Pages

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

BY

(Signature of person authorized to sign) (Signature of Contracting Officer)

NSN 7540-01-152-8070

PREVIOUS EDITION UNUSABLE

30-105 STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Am-0004 Standard Form 30 RFP No. W9128A-09-R-00015 Page 2 of 2 Pages Item No. 14 (Continued)

CHANGES TO THE SOLICITATION. Attached hereto are new and revised pages to the solicitation. The revision marked “(AM-0004)” is shown on each page.

1. REVISED PAGES/PROVISIONS/CLAUSES/PARAGRAPHS: Attached hereto are revised pages to the solicitation. The revision marked “(AM-0004)” is shown on each page. Changes are indicated in bold.

Section 00010 Page 00010-4

NOTE: The AM-0003 omitted page 00010-4 that was referenced in the Q&As. This amendment includes the referenced page.

2. The proposal due date of July 30, 2009, 2:00 P.M., Hawaiian Standard Time, remains unchanged.

W9128A-09-R-0015 00010-4

(AM-0004)

NOTES:

1. The Offeror agrees that the rates included in Section 00010 shall be used in the pricing of all task orders and modifications issued for the life of the contract. At the end of an ordering period, the Offeror may request an equitable adjustment to the rates in Section 00010 if the new rate differs by 10% for the labor rates and 2% for the home office overhead rate. The Offeror must submit back-up documentation substantiating the proposed rate and the adjusted rate.

Approval of the revised rate is subject to the approval of the Contracting Officer.

2. Multiple awards will be made to 8(a) firms serviced by the SBA district offices in the Region IX states of California, Nevada, Arizona and Hawaii, and other construction firms with a bona fide place of business (as defined by SBA) within the geographical boundaries of the relevant competitive area. An 8(a) firm not serviced by the Region IX offices must consult its servicing district office regarding the establishment of a bona fide place of business or status of a previously established bona fide place of business. All other firms may be deemed ineligible to submit offers.

3. MEASUREMENT AND PAYMENT. Compensation for all work to be performed under this contract will be made under the payment item(s) listed in the task order. Prices(s) and payment(s) for the item(s) shall cover all work, complete and finished in accordance with the specifications, schedules, and drawings, and shall be full compensation for all work in connection therewith, including quality control and the cost of performance-and payment-bond premiums as specified in the CONTRACT CLAUSES. Price(s) and payment(s) shall constitute full and final compensation for furnishing all materials, equipment, management, supervision, labor, transportation, fuel, power, water, and all incidental items necessary to complete the work, except as otherwise specified to be furnished by the Government. For the purpose of CONTRACT CLAUSE entitled "PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS", the term "designated billing office" and "designated payment office" are as follows:

a. Billing Office

U.S. Army Engineer District, Honolulu Fort Shafter Area Office, Bldg 230 Fort Shafter, HI, 96858-5440

b. Payment Office

USACE Finance Center Attn: CEFC-FP 5722 Integrity Drive Millington, TN 380554-5005

4. A Contractor will be eligible for task order awards until the end of the current ordering period even if the Contractor graduated from the 8(a) program during that period. Once the Contractor graduates from the 8(a) program, the Government can not exercise any remaining ordering periods for that Contractor.

5. (a) For CLINS 0001 – 0003, the man day rates includes labor, labor burden, and fringe benefits.

(b) For The Home Office Overhead Rate, it should NOT include bond premiums and State of Hawaii general excise tax.