A24 - W912EK21B0014 -AMEND 0005.pdf

96514713621906

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

PL 84-99 Hunt Lima

1. The purpose of this amendment is to update the Bid Opening from in-person to virtual. Clause MVR.01 - Island Access is hereby deleted and replaced w ith Clause MVR.13 - Instructions to Bidders.

2. The bid due date and time is revised from 27 April 2022 at 2:00 P.M. CST to 27 April 2022 at 1:00 P.M. CST.

3. Delete FAR 52.228-11 and replace w ith the deviation FAR 52.228-11, Pledges of Assets (DEVIATION 2020-O0016). Delete FAR

52.228-15 and replace w ith the deviation FAR 52.228-15, Performance and Payment Bonds—Construction (DEVIATION 2020-O0016).

All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 5

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

16C. DATE SIGNED

BY 20-Apr-2022

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 W912EK21B0014

X 9B. DATED (SEE ITEM 11)

15-Feb-2022

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 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

20-Apr-2022

CODE

CONTRACTING DIVISION

US ARMY CORPS OF ENGINEERS 1500 ROCK ISLAND D

ROCK ISLAND IL 61201

W912EK 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912EK21B0014

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00010 - SOLICITATION CONTRACT FORM

The required response date/time has changed from 27-Apr-2022 02:00 PM to 27-Apr-2022 01:00 PM.

SECTION 00100 - BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

The following have been added by full text:

ELECTRONIC BID OPENINGS

MVR.13 INSTRUCTIONS TO BIDDERS

The Rock Island District has implemented the below procedures for all current bid openings.

Electronic Submission of Bids:

For this IFB Solicitation, the Rock Island District is requiring all electronic bids be submitted via email to the

Contracting Officer and Contract Specialist.

Contracting Officer – Mr. Nicholas Moore, email at Nicholas.m.moore@usace.army.mil

Contract Specialist – Mr. Joseph Porter, email at Joseph.e.porter@usace.army.mil

In the subject of the e-mail – the Solicitation and Project Name shall be provided. If the email submission is considered large please consider breaking it up into different emails. For example: W912EK21B0014 – Title –

Email 1 of 2. If the email size exceeds 41 MB, the Bid shall be sent in more than one email to ensure delivery to the

Government POC. The Contracting Officer or Contract Specialist will send an email acknowledging receipt. Please note, the Government Firewall can cause a delay in receipt of emails, so be sure to allow time for the delay.

The Bid Opening is currently scheduled for Wednesday, 27 April 2022 at 2:00 PM CST.

The Contracting Officer and Contract Specialist will begin downloading bids ONE HOUR BEFORE BID

OPENING TIME, which is the bid receipt cutoff time.

All bids received after 1:00 PM CST on Wednesday, 27 April 2022 will be considered late.

Audio Teleconference Bid Opening Information:

Bid Opening will be held on Wednesday, 27 April 2022 at 2:00 PM CST. Please use the following call-in information to attend the meeting:

Toll-Free: 844-800-2712

Access Code: 2760 598 3922

Following the conclusion of the bid opening, the Bid Abstract will be uploaded to the SAM.gov website under this solicitation, within 24 hours.

Bid Bonds (Offer Guarantee) should be submitted electronically with the Bid Package.

Per Class Deviation 2020-O0016, Electronic signatures and electronic, mechanically-applied, or printed dates may be used and shall be considered original signatures and dates. In addition, a Corporate Seal is not required, the SF 28 need not be sworn and notarized and a written authorization of the release signed by the surety is acceptable in lieu of the notarized authorization of release by the surety. Original Certified Bonds need not be mailto:Nicholas.m.moore@usace.army.mil mailto:Joseph.e.porter@usace.army.mil submitted at time of bid. The Rock Island District reserves the right to request the Original Certified Bonds, if deemed necessary to verify their authenticity.

The following deviation clauses now apply, in lieu of the corresponding FAR clauses:

• 52.228-11, Pledges of Assets (DEVIATION 2020-O0016), which removes the requirement for the Standard

Form 28 to be sworn and notarized.

• 52.228-15, Performance and Payment Bonds—Construction (DEVIATION 2020-O0016), which removes the requirements for seals on Standard Forms.

For any Questions please contact:

Contracting Officer – Mr. Nicholas Moore, email Nicholas.m.moore@usace.army.mil

Phone: 309-794-5250

Contract Specialist – Mr. Joseph Porter, email Joseph.e.porter@usace.army.mil

Phone: 309-794-5333

The following have been deleted:

MVR.01 ISLAND ACCESS DEC 2015

SECTION 00700 - CONTRACT CLAUSES

The following have been added by full text:

52.228-11 INDIVIDUAL SURETY—PLEDGE OF ASSETS (FEB 2021) (DEVIATION 2020-O0016)

(a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee, a performance bond, or a payment bond –

(1) Pledge of assets; and

(2) Standard Form 28, Affidavit of Individual Surety, except that the words “being duly sworn, depose and say” on the Standard Form 28 are replaced with the word “affirm” and the Standard Form 28 is not required to be sworn and notarized in block 12.

(b) Pledges of assets from each person acting as an individual surety shall be in the form of—

(1) Evidence of an escrow account containing cash, certificates of deposit, commercial or Government securities, or other assets described in FAR 28.203-2 (except see 28.203-2(b)(2) with respect to Government securities held in book entry form); and/or

(2) A recorded lien on real estate. The offeror will be required to provide— mailto:Nicholas.m.moore@usace.army.mil mailto:Joseph.e.porter@usace.army.mil

(i) A mortgagee title insurance policy, in an insurance amount equal to the amount of the lien, or other evidence of title that is consistent with the requirements of Section 2 of the United States Department of Justice Title Standards at https://www.justice.gov/enrd/page/file/922431/download. This title evidence must show fee simple title vested in the surety along with any concurrent owners; whether any real estate taxes are due and payable; and any recorded encumbrances against the property, including the lien filed in favor of the Government as required by FAR 28.203-

3(d);

(ii) Evidence of the amount due under any encumbrance shown in the evidence of title;

(iii) A copy of the current real estate tax assessment of the property or a current appraisal dated no earlier than 6 months prior to the date of the bond, prepared by a professional appraiser who certifies that the appraisal has been conducted in accordance with the generally accepted appraisal standards as reflected in the Uniform Standards of

Professional Appraisal Practice, as promulgated by the Appraisal Foundation.

(End of clause)

52.228-15 PERFORMANCE AND PAYMENT BONDS-CONSTRUCTION (JUN 2020) (DEVIATION 2020-

O0016)

(a) Definitions. As used in this clause—

Original contract price means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is valued at or below the threshold specified in

Federal Acquisition Regulation 28.102-1(a) on the date of award of this contract, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance bonds (Standard Form 25, except that no seal is required). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment bonds (Standard Form 25A, except that no seal is required). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection.

(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular

570 is published in the Federal Register or may be obtained from the U.S. Department of the Treasury, Financial

Management Service, Surety Bond Branch, 3700 East West Highway, Room 6F01, Hyattsville, MD 20782. Or via the internet at http://www.fms.treas.gov/c570/.

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

(End of clause)

The following have been deleted:

52.228-11 Individual Surety--Pledge of Assets FEB 2021

52.228-15 Performance and Payment Bonds--Construction JUN 2020

(End of Summary of Changes) http://www.fms.treas.gov/c570/