W912DS24R0004 0007.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

Please see the continuation page for the purpose of this amendment.

NOTE: Offerors must acknow ledge receipt of this amendment by the date specified in the proposal (or as amended) by one of the follow ing methods: in the space provided on SF1442, by separate letter, or by signing block 15 below . FAILURE TO ACKNOWLEDGE AMENDMENTS BY THE DATE AND TIME SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER IN ACCORDANCE WITH THE SUBMISSION, MODIFICATION, REVISION, AND WITHDRAWAL OF PROPOSALS (FAR 15.208).

1. CONTRACT ID CODE PAGE OF PAGES

J 1 6

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

16C. DATE SIGNED

BY 29-Jan-2024

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 W912DS24R0004

X 9B. DATED (SEE ITEM 11)

20-Oct-2023

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 is extended, X 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

31-Jan-2024

CODE

US ARMY CORPS OF ENGINEERS, NEW YORK

26 FEDERAL PLAZA, RM 16-300

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:

W912DS24R0004

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE (SF 30)

The following have been added by full text:

ADDITIONAL INSTRUCTIONS

COMPETITIVE RESTRICTIONS

Participation in the procurement pertaining to non-HEMP work is limited by the International Agreement to Danish/Greenlandic companies. The Letter of Assurance and Bank Letter of Guarantee provisions listed below are only applicable to the work done by Danish/Greenlandic companies. Eligible Danish/Greenlandic subcontractor(s) must be registered as a business in Denmark as described below. The successful subcontractor(s) will submit a signed letter from an officer of a bank within Denmark verifying that the company conducts business with that institution; payment will be made only by electronic funds transfer to a bank in Denmark.

1) Verification the business is registered in the Kingdom of Denmark. (Det Central Virksomhedsregister (CVR));

and

2) The registered address of the business in CVR shall be in the Kingdom of Denmark (KoD); and

3) A signed letter from an officer of a bank within the Kingdom of Denmark verifying that the company conducts business with that institution.

Provision 52.000-4059

Letter of Assurance

Bidders/Offerors are required to furnish with their offer an assurance that they can secure a performance guaranty as required by the clause entitled “Bank of Guarantee” if awarded a contract and pursuant of this proposal. The Letter of Assurance will be countersigned by the Bank Official(s) from which the bidder intends to obtain the Bank Letter of Guarantee. The Letter of Assurance shall be an original in English. The bidder/offeror acknowledges that failure to furnish the original Letter of Assurance with the offer may result in rejection of the bid as “nonconforming.”

(End of Provision)

Provision 52.000-4062

Bank Letter of Guarantee

Within SEVEN calendar days after the date of contract award, the Contractor shall furnish the Contracting Officer a Bank Letter of Guarantee 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 Guarantee may be deemed a breach of contract. The Bank Letter of Guarantee will be dated as of the contract award date or as soon thereafter as possible. The Bank Letter of Guarantee 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, and that thereafter it will continue in effect until expiration of any applicable warranty periods or extensions thereof in an amount equal to ten percent (10%) of the contract price. The Bank Letter of Guarantee 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 Guarantee. The Contracting Officer may require, and the Contractor shall furnish the Contracting Officer an increase in the amount of the Bank

Letter of Guarantee 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 Guarantee. The Bank Letter of Guarantee 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 Provision)

.BANK LETTER OF ASSURANCE

(BANK LETTERHEAD)

DATE

US Army Corps of Engineers, New York District ATTN: Chief, Contracting Division, 26 Federal Plaza, Floor 16-300 New York, NY 10278

SUBJECT: Letter of Assurance for Repair Ballistic Missile Early Warning System (BMEWS) Power Building 4016 (J-PLANT) & High-Altitude Electronic Pulse (HEMP) Shielding, Pituffik 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 for all work EXCEPT the HEMP CLINS (where a 100% payment and performance bond is required) as presented by this Firm________________________________________________________________________________

The Bank Letter of Guaranty will be provided to you within 7 days after contract award, and will be for 15% of the value of the contract EXCEPT the HEMP CLINS 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)

SAMPLE

BANK LETTER OF GUARANTEE

(BANK LETTERHEAD)

US Army Corps of Engineers, New York District ATTN: Chief, Contracting Division 26 Federal Plaza, Floor 16-300 New York, NY 10278

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 with the exception of All HEMP CLINS 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, and will continue thereafter in an amount equal to ten (10%) 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.

LD CLARIFICATION

USACE would like to clarify the purpose and use for liquidated damages (LDs) for this project. LDs WILL only assessed on delays that are caused by the contractor. If this project is delayed by the Government or by other actions that are outside the control of OR WITHOUT THE FAULT OF the general contractor such as supply chain issues – the Government would not assess LDs. LDs are not a punitive measure. For this project, they are based on the daily rate to reimburse our staffing at the site for a contractor caused delay. USACE would not charge for days that do not adversely affect the Government financially. If there are extended delays, USACE would not fully staff this project so in that circumstance not assess LDs. If this contract was terminated for default and USACE needs to re-procure – USACE would not keep the workers on this project throughout the long legal processes involved in a Termination for Default and re-procurement.

Please note that for this procurement the Government is limited to the percentages in payment and performance bonds and the letter of assurance/guarantee when trying to recover costs including any re-procurement costs if the awardee is found in default of this contract. Note the changes in bonding requirements in this amendment (See Additional Instructions).

(End of Summary of Changes)