A.07.23_Solicitation_Amendment_for_Stonewall_Repair_0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

The purpose of this amendment is to include a revised Scope of Work, add Performance Bond requirement and to extend the solicitation response date from 06 September, 2018, 11:00 AM EST to 13 September, 2018, 11:00 AM EST. All other terms and conditions remain the same.

1. CONTRACT ID CODE PAGE OF PAGES

1 16

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

16C. DATE SIGNED

BY 27-Aug-2018

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912DR18Q0087

X 9B. DATED (SEE ITEM 11)

06-Aug-2018

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 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 ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

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

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

27-Aug-2018

CODE

USACE, BALTIMORE DISTRICT

2 HOPKINS PLAZA

ROOM 03-G-01

BALTIMORE MD 21201

W912DR 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912DR18Q0087

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION

The required response date/time has changed from 06-Sep-2018 11:00 AM to 13-Sep-2018 11:00 AM.

The offeror acceptance period has increased by 30 from 30 to 60.

The performance payment bonds has changed from No to Yes.

The contractor period of performance end date has increased by 60 days from 180 days to 240 days.

The performance payment bonds calendar days 10 has been added.

The following have been added by full text:

REVISED SCOPE OF WORK

Revised Scope of Work Raystown Lake Project Office Hesston, PA.

08/27/2018

The Raystown Lake Project, Baltimore District, U. S. Army Corps of Engineers will contract the repair of multiple stone walls throughout the Raystown Lake Project. Work shall be completed as identified in the specifications. The Raystown Lake Project Office is located in Hesston PA.

Raystown Lake is located in Huntingdon and Bedford counties in South Central Pennsylvania, approximately 95 miles west of Harrisburg and 175 miles east of Pittsburgh. It is approximately 70 miles from the Pennsylvania - Maryland border. The dam site is on the Raystown Branch of the Juniata River with the main access to the project via Rt. 26 from Rt. 22 to the North and the Pennsylvania Turnpike to the South. Huntingdon, Pennsylvania, approximately thirteen (13) miles to the North, has a population of 8,000 persons and contains numerous groceries, shopping facilities, doctors, and a hospital.

All activities described in the Scope of Work will occur within the Raystown Lake Project Areas.

1. Scope of Work

1.1. The Contractor shall furnish all personnel, vehicles, equipment, materials, and supplies necessary to execute work as described within the scope of work.

1.2. GENERAL

The contractor shall provide all necessary supervision, labor, personnel, materials, supplies, products, parts, tools, equipment, vehicles, and transportation required to complete the following actions related to the items listed below: The work to be performed is the repair, repointing and capping of stone walls and pillars in various locations around the project area. The walls are of various uses. Some are utilized as retaining walls, others are for aesthetics and signage. The stone varies in some walls. The largest portion of the walls needing repair are cut sandstone. Several other areas are random field stone. In some areas, the wall repair will be repointing only. In areas were the wall stone has become misplaced, bulged or has pushed out of proper alignment, the wall shall be dismantled beyond the point of misalignment or bulging and reinstalled in proper alignment. All work shall be priced by the square foot.

1.3. SUMMARY

A. Section Includes

1. Raking out of all unsound mortar from exterior stone faces

2. Careful salvaging and cleaning of bulged, displaced or misaligned wall stone

3. Removal of mortar excess from stone faces

4. Resetting salvaged and cleaned stone in proper wall position

5. Repointing all exterior stone joints.

6. Capping of the 3 stone walls at Ridenour Overlook and the Beach

1.4 Execution of the Work

The contractor shall be experienced in repointing and repair of stonework.

(NOTE: A good repointing job is meant to last at least 30 years. Shortcuts and poor craftsmanship diminish the natural beauty of the stonework, and will require future repointing sooner than if the job had been done correctly.)

1.4.1. Joint Preparation

A. Old mortar should be removed to a minimum depth of 2 to 2-1/2 times the width of the joint to insure adequate bond. Any loose or disintegrated mortar beyond this depth also should be removed where possible.

B. Care shall be used in removing the old mortar to prevent any damage to the stone units. The test panel work will help establish acceptability of tools to remove mortar with no stone damage.

C. Mortar should be removed cleanly from the stone, leaving square corners at the back of the cut. Before filling, the joints should be rinsed with a jet of water to remove all loose particles and dust. At the time of filling, the joints should be damp, with no standing water present.

1.4.2. Bulged and Misaligned Walls

A. Any location where the wall has bulged, sagged or become misaligned shall be removed beyond the damaged area and re-laid in proper wall alignment. All reset stone shall be placed in a full bed of mortar, and all voids filled as the wall advances.

1.4.3. Mortar Type and Preparation

A. Color of the mortar shall be approved by the Park Superintendent and should be approved with the test panel work prior to continuing with wall work.

B. Mortar shall be Type N mixed with river or rounded sand.

C. Mortar components should be measured and mixed carefully to assure the uniformity of visual and physical characteristics. Dry ingredients are measured by volume and thoroughly mixed before the addition of any water. Sand must be added in a damp, loose condition to avoid over sanding. Re-pointing mortar is pre-hydrated by adding water so it will just hold together, thus allowing it to stand for a period of time before the final water is added.

Half the water should be added followed by mixing for 5 minutes. The remaining water should then be added in small batches until a mortar of the desired consistency is reached.

(NOTE: It is important to keep the water to a minimum for two reasons: first, a drier mortar is cleaner to work with, and can be compacted tightly into the joints;

second, with no excess water to evaporate, the mortar cures without shrinkage cracks.)

D. Mortar should be used within 30 minutes of final mixing, and “re-tempering”, or adding more water will not be permitted.

1.4.4. Curing Conditions

A. Wall work should be performed when the temperature is at or above 40 degrees Fahrenheit, but not exceeding 90 degrees Fahrenheit.

B. Work shall not be performed in the rain unless approved cover and protection is provided.

C. Walls shall be misted and covered with wet burlap for a minimum of 3 days after completion of pointing work.

1.4.5. Filling the Joint

A. Where existing mortar has been removed to a depth greater than 1 inch, the new mortar shall be compacted in at least 3 layers. The back of the joint should be filled to approximately 1/3 of the joint depth, packing it well into the back corners and recesses. This application may extend along the wall for several feet. As soon as the mortar has reached thumb-print hardness, another third of the joint depth may be applied. When the second layer reaches thumb-print hardness, the third layer may be applied. In extremely deep areas, additional layers should be considered. It is important to allow each layer time to harden before the next layer is applied; most of the mortar shrinkage occurs during the hardening process and layering minimizes overall shrinkage.

1.4.6. Tooling

A. When the final layer of mortar is thumb-print hard, the joint should be tooled.

(NOTE: Proper timing of tooling is important for uniform color and appearance.

If tooled when to soft, hairline cracks may occur; if tooled when too hard, there may be dark streaks called “tool burning,” and good closure of the mortar against the stone will not occur.)

B. The final joint shall, in most cases, be recessed from the face of the stone.

After tooling, excess mortar can be removed from the edge of the joint by brushing with a natural bristle or nylon brush. Metal bristle brushes shall not be used.

1.4.7 Cap Blocks

Cap blocks shall have sculptured edges, must over hang wall width between 1 and 2 inches, and must be a minimum of 24 inches long and a minimum of 2 inches thick but no more than 2.5 inches thick. Color will be a shade of tan and color and style sample will be approved by the Government

1.5. REFERENCES

American Society for Testing Materials or comparable federal specifications.

1.6. SUBMITTALS AND PROPRIETARY ITEMS

A. Product Data. Items are to be submitted at pre work conference and accepted prior to commencement of work

1. Cement Product Data Sheet

2. Hydrated Lime Data Sheet

3. Aggregate: Sieve Analysis

4. Cap blocks

B. Samples For color purposes. Items are to be submitted at pre work conference and accepted prior to commencement of work

1. Submit one cup (8 oz.) sample of aggregate

2. Submit 4”x 4” dried mortar sample

3. Items A through G listed in section 2

4. Cap Blocks

1.7 Quality Assurance

A. Installer: Work must be performed by a firm having not less than 5 years successful experience in comparable stone work repointing and repair, and employing personnel skilled in the restoration process and operations indicated.

B. Masons:

1. Raking, repointing, removal, material salvage, and finishing operations shall be performed by craft persons who are familiar with mortar formulations, curing conditions and knowledgeable in stone work.

2. Only skilled masons who are familiar and experienced with the materials and methods specified shall be used for wall restoration work.

1.8 Project Conditions

A. Do not perform any masonry application unless air temperatures are between 40 degrees Fahrenheit and 90 degrees Fahrenheit and will remain so for at least 48 hours after completion of work or provide proper protection.

C. Provide sun, wind and rain protection.

1.9. SITE MAINTENANCE AND PUBLIC SAFETY:

The Contractor shall maintain each work site in a safe, clean and neat condition satisfactory to the Contracting Officer’s Representative (COR), Mr. Dean Whitmore or designee at all times. In addition, the Contractor at all times shall restrict access to each working site to contract and government personnel equipped with proper personal protective equipment. At no time shall the site or surrounding conditions pose a safety risk to members of the general public.

1.10. A PRE-BID TOUR IS SCHEDULED FOR 23 August, 2018 at 10:00 AM EST.

AT THE RAYSTOWN LAKE MAINTENANCE BUILDING.

Point of Contact for this contract is Mr. Dean Whitmore, he can be reached at (814) 658-6800 or Dean.R.Whitmore@usace.army.mil. for questions pertaining to the Pre Bid tour.

1.11. STORAGE OF EQUIPMENT:

Contractor equipment and supplies will not be stored on Government land or in Government facilities except in those locations indicated in the contract or at such locations as approved by the Operations Manager, Raystown Lake. The Contractor shall be permitted space near the maintenance area for both an office trailer and tool trailer if desired. Contractor shall make arrangements and provide utilities used for these trailers at their expense. Utilities shall be removed by the contractor at the end of the contract period.

1.12. Rules and Regulations:

The contractor and employees will comply with all rules and regulations governing public use of water resources development projects as set forth in Title 36, CFR, Chapter III, Part 327 and all laws of the Commonwealth of Pennsylvania and the United States as they apply to the Raystown Lake Project, and obey all posted signs. Copies of Title 36 will be available from the Manager.

2. CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES

2.1. The Contractor shall furnish all personnel, vehicles, equipment, materials, supplies and products sufficient to fulfill the contract as described within the scope of work and drawings provided. All equipment placed in service under this Contract shall be equipped with safety features meeting OSHA and Corps of Engineers criteria, including back-up alarm and roll-over protection system (if required).

2.2. The Contractor will be required to attend a pre-work conference prior to beginning work.

The pre-work conference will be conducted at the Raystown Lake Offices. The Contractor will bring, to the pre-work conference, the following items:

A. Current Certificate of Insurance B. Quality Assurance Strategy and Accident Prevention Plan - Section 1, Article

01.A.06, EM 385-1-1, and Section 1, Article 01.A.07, Current EM 385-1-1.

C. Activity Hazard Analysis- Section 1, Article 01.A.09, EM 385-1-1, D. Schedule of Work E. Quality Control Representative F. Proof of all necessary training G. Proof of at least two CPR/First aid trained Personnel H. Performance Bond

2.3. The Contractor shall, at his/her expense, obtain any licenses or permits required to perform the contract. The government is not aware of any permits/licenses needed at this time.

2.4. The Contractors’ operation/employees shall be subject to all public laws concerning pollution and safety.

2.5. Costs incurred due to damage(s) to any government facility caused by the Contractor and/or his employees will be the responsibility of the Contractor.

2.6. The CONTRACTOR will remove from the work site any employee who, in the opinion of the Contracting Officer, is objectionable or incompetent. This requirement shall not be the basis of any claim for compensation or damages against the United States or any of its officers or agents.

2.7. All work shall be performed in an orderly manner as directed by the authorized representative of the Contracting Officer. It shall be at the option of the Government to have the contractor correct defective services in a timely, efficient, and workmanlike manner without additional cost to the government. If the contractor fails to correct deficient work in the allotted time frame, the Government reserves the right to withhold funds.

3. CONTRACTOR SAFETY

3.1. General: The U. S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, and all subsequent revisions referred to in the Contract Clause ACCIDENT PREVENTION of this contract, are hereby supplemented as follows. The updated manual can be found at the following website: https://www.publications.usace.army.mil/USACE- Publications/Engineer-Manuals/?udt_43544_param_page=2

A. The CONTRACTOR shall designate an employee responsible for overall supervision of accident prevention activities. Such duties shall include: (1) assuring applicable safety requirements are incorporated in work methods and (2) inspecting the work to ensure that safety measures and instructions are actually applied. The safety plan must be submitted in writing for acceptance by the Contracting Officer’s Representative. The designated individual must be able to demonstrate his/her familiarity and understanding of the safety requirements over a prescribed trial period. The safety supervisor shall have the authority to act on behalf of the CONTRACTOR'S general management to take whatever action is necessary to assure compliance with safety requirements. The safety supervisor is required to be on the site when work is being performed.

B. Prior to commencement of any work at a job site, a pre-construction safety meeting shall be held between the CONTRACTOR and the Corps of Engineers Contracting Officer's Representative to discuss the CONTRACTOR'S safety program and in particular to review the following submittals:

(1) CONTRACTORS Accident Prevention Plan: An acceptable accident prevention plan, written by the prime CONTRACTOR for the specific work and implementing in detail the pertinent requirements of EM 385-1-1, shall be submitted for Government acceptance.

(2) Activity Phase Hazard Analysis Plan: Prior to beginning each major phase of work, an activity hazard analysis (phase plan) shall be prepared by the CONTRACTOR for that phase of work. A phase is defined as an operation involving a type of work presenting hazards not experienced in previous operations or where a new subcontractor or work crew is to perform work.

The analysis shall address the hazards for each activity performed in the phase and shall present the procedures and safeguards necessary to eliminate the hazards or reduce the risk to an acceptable level.

3.2. Accidents: Accidents are to be investigated by both CONTRACTOR personnel and the Contracting Officer’s Representative. ACCIDENT REPORTING, ENG FORM 3394: Section I, Paragraph 01.D, of EM 385-1-1 and the Contract Clause entitled ACCIDENT PREVENTION are amended as follows: “The prime CONTRACTOR shall report on Eng. Form 3394, supplied by the Contracting Officer’s Representative, all injuries to his employees or subcontractors that result in lost time and all damage to property and/or equipment in excess of $2,000 per incident.

Notification of such accident shall be made to the Contracting Officer Representative immediately. A written report on the above noted form shall be submitted to the Contracting Officer’s Representative within 24 hours following such accidents. The written report shall include the following:

3.3. Applicable OSHA Requirements are expected to be followed.

3.4. OSHA Inspections: CONTRACTORS shall immediately notify the Contracting Officer's Representative when an OSHA Compliance official (Federal or State representative) presents his/her credentials and informs the CONTRACTOR that the workplace will be inspected for OSHA compliance. CONTRACTORS shall also notify the Contracting Officer's Representative upon determination that an exit interview will take place upon completion of the OSHA inspection. (NABSA OCT 05, 1976)

4. QUALITY CONTROL

4.1. The Contractor shall be responsible for maintaining adequate quality control to satisfactorily meet the specification of this contract. The government will assure quality performance through site inspections, and invoice review.

4.2. The Contractor shall establish a quality control program to assure the requirements of the contract are provided as specified under all sections of the contract.

4.3. The Government shall monitor the Contractor’s services by conducting site inspections. The Government reserves the right to alter or change the type of inspection plan at its discretion.

4.4. The Contractor shall designate an on-site representative who has the authority to make decisions, monitor the job for safety and act as an official agent for the contractor in the contractual relationship with the government. This representative or a designee shall be capable of telephonic or personal communication during work hours.

5. CONTRACT PERIOD

5.1. The Contractor shall be prepared to commence activities within thirty (30) days following the receipt of Notice to Proceed. Actual on-ground activity will be coordinated between the COR and the Contractor. All work is to be completed and invoiced within 180 240 days from the Notice to Proceed. Services will be performed continuously as required by the Contracting Officer or his Authorized Representative during the contract period to accomplish the work. At the option of the Government, the contract period may be extended a maximum of thirty (30) business days.

5.2. The Contractor is required to perform work between the hours of 0630 a.m. and 430p.m, Monday thru Friday, excluding federal holidays. Work performed other than previously specified is to be approved in advance by Contracting Officer’s Representative, Mr. Dean Whitmore.

6. WEATHER AND LIQUIDATED DAMAGES

6.1. Liquidated Damages - The work shall be completed within 180 240 days from Notice to Proceed. Liquidated damages in the amount of $150.00 per day shall be accessed for each day over the allotted time. Weather days, not counting against the work time, shall be allotted at the discretion of the Contracting Officer's Representative.

6.2. The following schedule of monthly anticipated adverse weather delays is based on the National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations.

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY

WORK DAYS BASED ON (5) DAY WORK WEEK

Jan Feb Mar April May June July Aug Sept Oct Nov Dec 19 11 9 9 9 9 6 7 5 6 6 13

6.3. Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract, the CONTRACTOR will record on a daily ledger, the occurrence of adverse weather and the resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50% or more of the CONTRACTOR’S scheduled workday. The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days.

If the number of actual adverse weather delay days exceeds the number of days anticipated in paragraph above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent full weather work days and issue a modification for contract extension.

7. ACCESS AND GENERAL PROTECTION/SECURITY POLICY AND PROCEDURES

7.1 All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

7.2 Invoices shall be submitted to the Contracting Officer’s Representative, Mr. Dean Whitmore Dean.R.Whitmore@usace.army.mil. for payment coordination.

8. CONTRACT REQUIREMENTS FOR ANTITERRORISM/OPERATIONS SECURITY.

8.1 The Contractor must pre-screen Candidates using the E-verify Program (http://www.dhs.gov/E-Verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to ensure the correct information is entered into the E-verify system.

An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

8.2 All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

8.3 The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

8.4 All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas."

9. INSURANCE

Pursuant to the contract clause entitled, Insurance—Work on a Government Installation, the Contractor shall procure and maintain during the entire period of his performance under the contract the following minimum insurance.

Worker’s Compensation and Employer’s Liability: Contractors are required to comply with applicable Federal and State Worker’s compensation and occupational disease statutes.

Type Amount

Comprehensive General Liability $500,000 per occurrence

Bodily injury or death

Motor Vehicle Liability (for each vehicle) Bodily injury or death $200,000 per person $500,000 per occurrence

Property Damage $20,000 per occurrence

Workers’ Compensation and Employer’s Liability $100,000 per person

10. Bonding

Performance bond for this work is required to be submitted within 10 days of contract award.

SECTION 00 70 00 - CONDITIONS OF THE CONTRACT

The following have been added by reference:

52.228-15

The following have been added by full text:

52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000)

(a) The Contractor shall submit one of the following payment protections:

(1) A Performance Bond

(2) An irrevocable letter of credit

(3) Certificates of deposit

(4) Deposits of security such as.,

(a) U.S. Bonds

(b) U.S. Notes

(c) Certified or Cashier's checks

(d) Bank Drafts

(e) Money Orders

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 10 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

(End of clause)

52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

(a) “Irrevocable letter of credit” (ILC), as used in this clause, means a written commitment by a federally insured 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 therefor. 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 bid bond, or to secure other types of bonds such as performance and payment bonds, the letter of credit and letter of confirmation formats in paragraphs (e) and (f) 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/confirmed by an acceptable federally insured financial institution as provided in paragraph (d) of this clause, and--

(1) If used as a bid guarantee, the ILC shall expire no earlier than 60 days after the close of the bid acceptance period;

(2) If used as an alternative to corporate or individual sureties as security for a performance or payment bond, 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. The period of required coverage shall be:

(i) For contracts subject to 40 U.S.C. chapter 31, subchapter III, Bonds, the later of--

(A) One year following the expected date of final payment;

(B) For performance bonds only, until completion of any warranty period; or

(C) For payment bonds only, until resolution of all claims filed against the payment bond during the one-year period following final payment.

(ii) For contracts not subject to the Miller Act, the later of--

(A) 90 days following final payment; or

(B) For performance bonds only, until completion of any warranty period.

(d)(1) Only federally insured financial institutions rated investment grade by a commercial rating service shall issue or confirm the ILC.

(2) Unless the financial institution issuing the ILC had letter of credit business of at least $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.

(3) The Offeror/Contractor shall provide the Contracting Officer a credit rating that indicates the financial institutions have the required credit rating as of the date of issuance of the ILC.

(4) The current rating for a financial institution is available through any of the following rating services registered with the U.S. Securities and Exchange Commission (SEC) as a Nationally Recognized Statistical Rating Organization (NRSRO). NRSRO's can be located at the Web site http://www.sec.gov/answers/nrsro.htm maintained by the SEC.

(e) 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, 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. [This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered.] 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, International Chamber of Commerce Publication No. ___ -- (Insert version in effect at the time of ILC issuance, e.g., ``Publication 600, 2006 edition'') 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 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.

Sincerely, [ ___ Issuing financial institution]

(f) The following format shall be used by the financial institution to confirm an ILC:

___ [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.

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. [This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered.] 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, International Chamber of Commerce Publication No. ___ -- (Insert version in effect at the time of ILC issuance, e.g., ``Publication 600, 2006 edition'') and to the extent not inconsistent therewith, to the laws of ___ --[State of confirming 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: ___

(End of clause)

(End of Summary of Changes)