W912DS-14-B-0009_AMENDMENT_0001.pdf

W16ROE40592157

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:

1: Revise the Bank Letter of Assurance. Revise the Bank Letter of Guarantee.

2. Revise clause 52.000-4062 Bank Letter of Guranty (NOV 2007)

3. Answ er Bidder Questions for Information Purposes Only.

4. Revise Specifications.

5. The bid opening due date has been extended from 09 July 2014 to 16 July 2014 9:00 a.m. Eastern Standard Time (EST) at 26 Federal Plaza, Room 1841, New York, NY 10278, U.S.A. and 3:00 PM Central European Time (CET) Local Time at the Military of Foreign Affairs, Asiatisk Plads #2, 1448, Room M5, Copenhagen K, Denmark

SEE SF 30 CONTINUATION PAGE

1. CONTRACT ID CODE PAGE OF PAGES

J 1 9

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

16C. DATE SIGNED

BY 24-Jun-2014

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 W912DS-14-B-0009

X 9B. DATED (SEE ITEM 11)

29-May-2014

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

24-Jun-2014

CODE

US ARMY CORPS OF ENGINEERS, NEW YORK

26 FEDERAL PLAZA, RM 1843

NEW YORK NY 10278-0090

W912DS 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912DS-14-B-0009

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

AMENDMENT 00001

NOTE: Bidder must acknowledge receipt of this amendment by the date specified in the solicitation (or as amended) by the following method: in the space provided on the SF 1442, by separate letter by signing block 15 below. FAILURE TO ACKNOWLEDGE AMENDMENT BY THE DATE AND TIME SPECIFIED MAY RESULT IN REJECTION OF YOUR BID IN ACCORDANCE WITH THE LATE BID, LATE MODIFICATION

OF BID, OR LATE WITHDRAWAL OF BID (FAR 14.304).

52.000-4062 BANK LETTER OF GUARANTY (NOV 2007)

Within SEVEN calendar days after the date of contract award, the Contractor shall furnish the Contracting Officer a Bank Letter of Guaranty for the performance of the work in the amount of 15% of the anticipated maximum contract value, or lesser amount, at the discretion of the Contracting Officer, conforming to the format of the sample letter. Failure to furnish the Bank Letter of Guaranty may be deemed a breach of contract. The Bank Letter of Guaranty will be dated as of the contract award date or as soon thereafter as possible. The Bank Letter of Guaranty shall state that it will continue in effect without change in amount or terms until the work has been finally inspected and accepted by the Government. The amount of the bond will reduced to the amount equal to ten percent (10%) of the contract price for a one year period after final inspection and acceptance of the work by the Government. One year after final inspection, the bond shall be reduced to two percent (2%) of the contract price.

The Bank Letter of Guaranty shall cease five years after final inspection by the Government unless a prior claim for rectification has been put forth in writing by the Government. The Bank Letter of Guaranty shall also state that the bank agrees and consents that the contract may be modified by change order or supplemental agreement without affecting the validity of the Bank Letter of Guaranty. The Contracting Officer may require and the Contractor shall furnish the Contracting Officer an increase in the amount of the Bank Letter of Guaranty because of increases to the contract value. The authorization to issue "Notice to Proceed" will not be effected until after approval and acceptance by the Contracting Officer of the Bank Letter of Guaranty. The Bank Letter of Guaranty shall be interpreted in accordance with U.S. law and is subject to the Choice of Law and Immunity for Legal Process clauses in the solicitation.

(End of Clause)

SAMPLE

BANK LETTER OF GUARANTEE

(BANK LETTERHEAD)

US Army Corps of Engineers, New York District Contracting Division, Room 1843 26 Federal Plaza, New York, NY 10278 U.S.A.

LETTER OF GUARANTEE NUMBER____________________________

DATE:__________________

I/We, the undersigned, acting as the duly authorized representative of the Bank, declare that the Bank hereby guarantees and is jointly and severally liable as the guarantor with the Contractor named below, to effect payment to the Contracting Office by Check made payable to the Treasury of the United States, within (5) calendar days after receipt of a simple request, by registered mail, from the Contracting Officer designated in the contract described below, or his successor, immediately and entirely without any need for the Contracting Officer to protest to protest or take any legal action or obtain the prior consent of the Contractor, or for any other proof, action or decision by any other authority, up to the sum of $____________________ which represents the deposit required of the Contractor to guarantee fulfillment of its obligation for the satisfactory completion and timely performance of the work under Contract Number_____________________________ for construction of and location of work (Fill In) _________________________________________________________________________________ in strict compliance with the terms and conditions of said contract , entered in between the United States and the Contractor, plus legal interest to be calculated from the date of receipt of the Contracting Officer’s registered letter request until the date of payment. Registered letter request shall inform the Bank that the Contractor failed to comply with the terms and conditions of the contract, or did not fulfill his undertaking in whole or in part.

I/We agree and consent that said contract may be modified by change order or supplemental agreement, affecting the contract amount and/or time of performance without prior consent of the bank and without affecting the validity of this guarantee; provided, however, that the amount of this guarantee shall be adjusted as required under the provisions of contract clause 52.228-2 Additional Bond Security (Oct 1997).

This letter of guarantee will continue in effect without change in amount or terms until work has been finally accepted by the Government. The amount of the bond will reduced to the amount equal to ten percent (10%) of the contract price for a one year period after final inspection and acceptance of the work by the Government. One year after final inspection, the bond shall be reduced to two percent (2%) of the contract price. The Bank Letter of Guaranty shall cease five years after final inspection by the Government unless a prior claim for rectification has been put forth in writing by the Government, and will continue thereafter in an amount equal to five (5%) percent or the original contract price and any modification thereto, until all applicable guarantees, or extensions thereof under the contract have expired.

NAME & ADDRESS OF THE BANK

Signed By: ___________________________ (Type Name underneath Signature) Title: ___________________________________ Endorsement By: __________________________ Type Name underneath Signature) Title: ____________________________________

NOTE: Certificate of Authority is attached evidencing signatures of individuals with authority to bind the bank pertaining to this Bank Letter of Guarantee.

BANK LETTER OF ASSURANCE

DATE

Corps of Engineers, New York District ATTN: Chief, Contracting Division, Room 1843, 26 Federal Plaza New York, NY 10278, U.S.A.

SUBJECT: Letter of Assurance for FY 14 Thule Consolidations 2, Thule Air Base, Greenland.

I/We, the undersigned, acting as the duly authorized representatives of ______________________________________ (Firm Name), should the contract pursued under subject solicitation be awarded to them.

The Bank Letter of Assurance is issued for $500,000 of the value of the bid as presented by this Firm________________________________________________________________________________ The Bank Letter of Guaranty will be provided to you within 7 days after contract award, will be for 15% of the value of the contract and will contain all conditions listed in the sample provided by this solicitation.

In addition, I/We, the undersigned, acting as the duly authorized representatives of ______________________________ (Bank Name), assure that__________________________________________ (Firm Name), can at any time obtain a Bank Letter of Guaranty, in accordance with FAR Clause 52.228-2 Additional Bond Security.

Sincerely

(Authorized Representative of the Bank)

Please note: The amount of the bond will reduced to the amount equal to ten percent (10%) of the contract price for a one year period after final inspection and acceptance of the work by the Government. One year after final inspection, the bond shall be reduced to two percent (2%) of the contract price. The Bank Letter of Guaranty shall cease five years after final inspection by the Government unless a prior claim for rectification has been put forth in writing by the Government.

Thule Runway Replacement Thule Air Base, Greenland

W921DS-14-B-0009

Amendment 0001

AMENDMENT 0001 to DRAWINGS and SPECIFICATIONS for Thule Runway Replacement, Thule Air Base, Greenland.

TO OFFORERS

The following changes shall be made to the drawings and specifications.

DRAWINGS

1. The following DRAWINGS have been REVISED but NOT REISSUED:

None

2. The following DRAWINGS have been REVISED and REISSUED:

None

3. The following DRAWINGS have been ADDED:

None

SPECIFICATIONS

1. The following SPECIFICATION SECTIONS have been ADDED and are provided in their entirety herein:

- Appendix T – Fuel Pricing and DLA info

2. The following SPECIFICATIONS SECTIONS have been DELETED in their entirety:

None

3. The following SPECIFICATIONS SECTIONS have been REVISED and REISSUED:

- Section 32 11 16 – Subbases for Flexible Paving – is hereby replaced in its entirety.

- Appendix R – Sealift Rates – is hereby replaced in its entirety.

4. The following SPECIFICATIONS have been REVISED but NOT REISSUED:

- Section 00 700 – Contract Clauses: Delete clause 252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2013), (page 40 of 94) in its entirety without replacement.

- Section 01 12 00.00 18 – Design and Records Drawing Requirements: Replace paragraph 1.2 Graphic Format in its entirety with the following: “All CADD data shall be supplied in AutoDesk REVIT 2012, AutoCADD 2012, three-dimensional, native electronic digital format (i.e., .dwg, .rvt). The contractor shall ensure that all digital files and data (e.g., model files, sheet files, reference files, cell libraries) are compatible with the Government's target CADD system (i.e., basic and advanced CADD software, platform, database software), and adhere to the standards and requirements specified herein. The term "compatible" means that data can be accessed directly by the target CADD system without translation, preprocessing, or post-processing of the electronic digital data files. It is the responsibility of the contractor to ensure this level of compatibility.”

- Section 01 35 26 – Government Safety Requirements – Replace paragraph 3.7 in its entirety with the following: “Explosives shall not be brought to the construction area (runway), however, explosives are authorized for use in the quarry area for rock blasting only. All uses of blasting explosives shall be coordinated with AF Security Officer and

BCE.”

- Section 31 05 23 – Rigid Board Insulation for Pavements – Remove the last page, Figure 1. PVN chart for cold region asphalt selection (McLeod 1972), and insert it at the end of Section 32 12 15.13 – Hot-Mix Asphalt Airfield Paving paragraph 3.10.3.

BIDDER’S QUESTIONS AND GOVERNMENT REPLY

1. With reference to the above mentioned project, we kindly ask you to reconsider the requirement for the use of a MTV in section 1.4.3 of the HOT-MIX ASPHALT AIRFIELD PAVING specification. We are confident that we can perform the specified quality of pavement without this special equipment. The use of the MTV will only result in increased cost and not in better pavement quality. Response: The requirement for MTV shall remain as required in the specifications.

2. Will the Government provide storage facilities for the dynamite during the winter season 2014/ 2015 and if yes, how much storage capacity will the government provide?

Response: Yes, Dynamite can be stored in shelter facility on base during winter 2014/2015. The storage capacity is approx. 10,000 kg, but could be limited due to explosives related to other projects on base. Coordination with BCE will be needed early to secure proper storage space.

3. Spec section 01 35 26-3.7, use of explosives, there is a conflict between the project requirements and the clause that the contractor is not allowed to use explosives or bring explosives to the site. Response: The paragraph refers to the project site specifically physical location of construction. The paragraph is herby revised in this amendment to clarify.

4. Can the test asphalt strip be included in the final works? Response: Yes, asphalt strip test may be part of the project pavement.

5. Will the Government provide covered storages facilities for the contractor’s equipment during the winter season 2014/ 2015 and 2015 / 2016? Response: Yes, there are areas on base, unheated, where equipment can be stored.

6. Will the Government allow the contractor to re- use the cold milled asphalt in the base course material? Response: Reuse of cold milled existing ACC shall NOT be allowed for use as a base course.

7. Government Furnished Property, please specify current rates for the Government Furnished Properties, Solicitation page 61. Response: The current fuel pricing at

Thule is $3.62/gal for JP8 and $3.62/gal for automotive unleaded medium. Please refer to Appendix T for more details and instruction on obtaining a DLA account.

Arctic gear, parkas, are available at no charge as long as they are returned in good condition, see paragraph 42 of section 00 80 00.00 18.

8. Sealift rates, Please confirm that the rates specified in Appendix R apply for the sealift of materials and equipment from Aalborg, Denmark to Thule Air Base, Greenland.

Response: Yes, these rates are for shipping from Aalborg, DK to Thule GL.

9. Sealift Rates, as the duration of the contract extends further than the specified FY15 rates, please explain how future rates will be handled in the contract. Response:

Please refer to reissued Appendix R with additional FY shipping rates, thru FY17.

10. Guaranty. Solicitation clause 52.000-4062: Clause 52.000-4062 requires a Guaranty for the performance of the work in the amount of 10% of the anticipated contract value.

Same clause requires the Guaranty to continue in effect until expiration of any applicable warranty periods or extensions thereof in an amount equal to 15% of the contract price.

This enlargement of the Guaranty at completion does not seem correct. Please confirm the required value of the Guaranty, during performance and during warranty period.

Response: The required value of the Guaranty shall be 15% of the anticipated maximum contract value or lesser for the performance period and 10% for the for a one year period after final inspection and acceptance of work. See Clause 52.000-4062 and Bank Letter of Guarantee revised.

11. Bank Letter of Guarantee. According to Government sample of Bank Letter of Guaranty, the letter of guarantee shall continue in effect until expiration of all applicable periods or extensions thereof in an amount equal to 10 percent (10%) of the contract price. Please be advised that a Bank Letter of Guarantee with a term of 20 years in an amount of 10 percent of the Contract Price will be very difficult to obtain and if it is obtainable, it will be extremely costly, which eventually will have an considerable effect on the Contractors tender price. Thus, kindly reconsider to lower your request for the duration of the Bank Letter of Guarantee to e.g. 5 years after final acceptance of the work. Response: Bank Letter of Guarantee has been revised to cease five (5) years after final inspection by the Government unless a prior claim for rectification has been put forth in writing by the Government. See Revised Bank Letter of Guarantee.

12. Bank Letter of Assurance pg 13 of solicitation. Please explain the note listed on the Sample Bank Letter of Assurance regarding the term of the guarantee, as we presume this note is related to the Bank Letter of Guarantee. As we understand it, the Bank Letter of Assurance expires, when the Bank Letter of Guarantee is obtained and in effect as described on page 11-12. If this is correct, then please delete the mentioned note.

Response: Please see revised note on Bank Letter of Assurance Attached.

13. DBA Insurance, the DBA Waiver included in the documents expires on December 31, 2015. However the contract extends further than this. Please explain how is to handle this in the bid. Response: The bid should be representative of a current Effective DBA Waiver for work in Greenland. Should the DBA waiver not be extended past 31 December 2015 to cover the rest of the contract, a modification will be issued to account for the requirement of DBA.

14. Bank Letter of Guarantee, last sentence “This letter of guarantee will continue in effect …… until all applicable guarantees, or extensions thereof under the contract has expired” So far we haven’t noticed any guarantees which shall continue in effect after the works has been completed. Is that correct understood? If this isn’t correct, please specify for how long period the guarantee (10%) shall be effective? Response: Bank Letter of Guarantee has been revised to cease five (5) years after final inspection by the Government unless a prior claim for rectification has been put forth in writing by the Government. See Revised Bank Letter of Guarantee.

15. Bid opening date, due to vacation period in Denmark, we would need extension of the time for preparation of the bid. We believe three weeks extra time is needed.

Response: Bid response date has been revised to 16 June 2014 9:00 a.m. Eastern Standard Time (EST) at 26 Federal Plaza, Room 1841, New York, NY 10278, U.S.A.

and 3:00 PM Central European Time (CET) Local Time at the Military of Foreign Affairs, Asiatisk Plads #2, 1448, Room M5, Copenhagen K, Denmark .

SECTION 00010 - SOLICITATION CONTRACT FORM

The required response date/time has changed from 09-Jul-2014 09:00 AM to 16-Jul-2014 09:00 AM.

SECTION 00700 - CONTRACT CLAUSES

The following have been deleted:

252.204-7007 Alternate A, Annual Representations and Certifications MAR 2014 252.204-7007 Alternate A, Annual Representations and Certifications MAY 2013

(End of Summary of Changes)