A.07.24.03_W912GB18R0032_Amendment_3.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

Design/Build Secondary School Renovations in Svrljig, Serbia

Please see SF30 continuation page.

1. CONTRACT ID CODE PAGE OF PAGES

1 7

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

16C. DATE SIGNED

BY 20-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 W912GB18R0032

X 9B. DATED (SEE ITEM 11)

02-Jul-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 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-Aug-2018

CODE

CONTRACTING DIVISION

US ARMY CORPS OF ENGINEERS

KONRAD ADENAUER RING 39

D-65187 WIESBADEN GERMANY

WIESBADEN 65187

W912GB 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912GB18R0032

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION

The required response date/time has changed from 08-Aug-2018 02:00 PM to 04-Sep-2018 10:00 AM.

The required performance has changed from This is a Request for Proposal for the Design/Build Secondary School Renovations in Svrljig, Serbia.The Government Contemplates that this solicitation w ill result in a single-firm fixed price contract aw ard.A. The Government w ill use a Best Value Tradeoff Evaluation Process in accordance w ith Federal Acquisition Regulation (FAR) 15-101-1.B. The estimated Magnitude of Construction is betw een $250,000-$500,000.C. Reference Block 11 below ; Calendar day completion time from the Notice to Proceed.D. Reference Clauses 52.000-4059 LETTER OF ASSURANCE (RFP) and 52.000-4062 BANK LETTER OF GUARANTY.E. Reference Clause 52.236-27 Alt I SITE VISIT (CONSTRUCTION).F. No contract aw ard w ill be made until appropriated funds are made available.G. Proposals are due on 08 August 2018 by 14:00 hours Central European Summer Time (CEST).Contract Point of Contact is Whittni Hiscox +49 611 9744 2797Technical Point of Contract is Tarek Eljizi +49 611 9744 2422 to This is a Request for Proposal for the Design/Build Secondary School Renovations in Svrljig, Serbia.The Government Contemplates that this solicitation w ill result in a single-firm fixed price contract aw ard.A. The Government w ill use a Best Value Tradeoff Evaluation Process in accordance w ith Federal Acquisition Regulation (FAR) 15-101-1.B. The estimated Magnitude of Construction is betw een $250,000-$500,000.C. Reference Block 11 below ; Calendar day completion time from the Notice to Proceed.D. Reference Clauses 52.000-4059 LETTER OF ASSURANCE (RFP) and 52.000-4062 BANK LETTER OF GUARANTY.E. Reference Clause 52.236-27 Alt I SITE VISIT (CONSTRUCTION).F. No contract aw ard w ill be made until appropriated funds are made available.G. Proposals are due on 04 September 2018 by 10:00 hours Central European Summer Time (CEST).Contract Point of Contact is Whittni Hiscox +49 611 9744 2797Technical Point of Contract is Tarek Eljizi +49 611 9744 2422.

SECTION 00 21 00 - INSTRUCTIONS

The following have been modified:

ADDITIONAL INFORMATION

1. This contract is firm-fixed price, payable entirely in United States of America Dollars.

No additional sums will be payable due to any escalation in the cost of labor, materials, or equipment. The awardee’s failure to properly estimate or accurately predict the cost and / or difficulty in achieving the results required by this contract is not reimbursable. The contract price will not be adjusted on account of fluctuations in the currency exchange rates. No bill of quantities will be provided by the Government or will be utilized during this contract. Changes in the contract price and / or time to complete will be made only due to changes made by the Government in the work to be performed / due to delays caused by the Government as determined and approved in accordance with FAR Clauses 52.243-4, Changes, and FAR 52.211-13, Time Extensions, by the Contracting Officer. Advance payments are not authorized and the awardee will be paid only for work as the work is accomplished and in defined intervals as the work precedes, in accordance with FAR Clause 52.232-5, Payments under Fixed-Price Construction Contracts.

2. SERBIAN VAT REIMBURSEMENT PROCEDURES

a. The contractor is responsible for registering with the Business Registers Agency of the Republic of Serbia (http://www.apr.gov.rs) and obtaining a VAT registration number.

i. POC for this action only is ODC Chief LTC Corey Shea (email:

sheacn@state.gov,phone: +381 117064139).

ii. Deadline to register is: 1 month after NTP

b. Invoices under this contract must be made out to the “Embassy of the United States of America” and submitted to both the US Army Corps of Engineers and the U.S. Embassy in Belgrade:

USACE Address: CENAU-EC Attn: Jack Galloway Konrad Adenauer Ring 39 D-65187 Wiesbaden Germany

Invoices may also be electronically sent to:

john.r.galloway@usace.army.mil

Embassy Address: US Embassy, Belgrade, Serbia Bulevar kneza Aleksandra Karađorđevića 92

c. The contractor shall show Value Added Tax (VAT) as a separate item on invoices submitted for payment.

d. The U.S. Embassy in Belgrade will pay all invoices to the contractor.

Payment by the U.S. Embassy will be exclusive of VAT.

e. While this is a firm-fixed price contract priced in US Dollars (USD) payment will be made by the U.S. Embassy in Serbian Dinar (RSD). The exchange rate from USD to RSD used will be the median exchange rate from the National Bank of Serbia on the day the invoice is dated.

f. The U.S. Embassy in Belgrade will provide the contractor with three (3) originals of a “Form for Official Procurement of Goods and Services and Importation without VAT”, based on the final invoice, documenting the net amount paid and the amount of VAT exemption.

g. The contractor is solely responsible for obtaining reimbursement from the

Ministry of Finance for any VAT paid. The contractor can reconcile with the Ministry of Finance on a monthly basis, or can reconcile all at once.

This is at the discretion of the contractor.

h. The contractor is responsible for paying the VAT amount applicable to all effort under this contract and to follow the proper procedures provide above to seek reimbursement for VAT paid from the Ministry of Finance of the Republic of Serbia.

3. Defense Base Act (DBA) Insurance Coverage: DBA coverage is required for work performed on this project by all contractors and subcontractors. DBA insurance is no longer priced separately and shall be included within the price proposal. You will be required to provide the insurance certificate prior to receiving the Notice to Proceed (NTP). Additionally, within 14 calendar days of the date of award, the contractor shall provide any required DBA insurance certificates.

Defense Base Act (DBA) insurance is commercially available from carriers and self-insured employers authorized by the Department of Labor (DOL). The DOL table of authorized carriers and self-insured employers is available at http://www.dol.gov/owcp/dlhwc/lscarrier.htm

Refer to FAR Clause 52.000-4133 Workers Compensation Insurance (Defense Base Act) – Countries with Waivers (October 2013) for more DBA Insurance and how to obtain DBA Insurance.

4. Responsibility: In accordance with FAR Subpart 9.1, the Contracting Officer will perform an affirmative responsibility determination to ensure that the awardee has the adequate resources to perform the work. If the contractor cannot provide a suitable Bank Letter of Guarantee (BLG) or Bond, in order to protect the Government’s interest in the event of default, the Government may retain 20% of every invoice submitted until 10% of the total project value has been retained, and retain the funds throughout project duration until completion. Once final acceptance of the project is made by the Government, the Government will release 5% of the retained funds. The Government will release the remaining funds upon the expiration of the warranty period.

5. Discussions: It is the Government’s intent to award without discussions. However, in accordance with FAR 15.306, should discussions become necessary, the Government reserves the right to hold them. If this occurs, a competitive range will be determined and Offerors notified in accordance with FAR 15.503.

SECTION 00 21 16 - INSTRUCTIONS TO PROPOSERS

52.000-4059 LETTER OF ASSURANCE (RFP) (SEP 1993)

Offerors are required to furnish with their offer an assurance that they can secure a performance guaranty as required by the clause entitled "Bank Letter of Guaranty" if awarded a contract and ten percent (10%) pursuant to this proposal. The Letter of Assurance will be countersigned by the Bank Official(s) from which the offeror intends to obtain the Bank proposal. The Letter of Assurance shall be an original in English. The offeror acknowledges that failure to furnish the original Letter of Assurance with the offer may result in rejection of the offer as "nonconforming".

(End of Clause)

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 10% 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, and that thereafter it will continue in effect until expiration of any applicable warranty periods or extensions thereof in an amount equal to five percent (5%) of the contract price. 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)

SECTION 00 61 00 - BOND FORMS

BANK LETTER OF ASSURANCE

BANK LETTER OF ASSURANCE

(BANK LETTERHEAD)

DATE

US Army Corps of Engineers, Europe District ATTN: Contracting Officer Konrad-Adenauer-Ring 39, Box 7 65187 Wiesbaden, Germany

SUBJECT: Bank Letter of Assurance for Solicitation: W912GB-18-R-0032

PROJECT: Renovation of The Elementary School in Svrljig, Serbia

I/We, the undersigned, acting as the duly authorized representatives of ___________________

_______________________ (Bank Name), assure that we will issue a Bank Letter of Guaranty for account of ____________________________________________ (Firm Name (for Joint Venture – each party’s name shall be listed)), should the contract pursued under subject solicitation be awarded to them.

The Bank Letter of Guaranty will be issued for ten percent (10%) of the total contract amount, as presented by this firm, ______________________________________________________.

The Bank Letter of Guaranty will be provided to you within 7 days after contract award 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 for ten percent (10%) of the total contract amount, should the contract pursued under subject solicitation be awarded to them, in accordance with Federal Acquisition Regulation (FAR) Clause 52.228-2, Additional Bond Security.

Sincerely, (Authorized Representative of the Bank)

BANK LETTER OF GUARANTEE

SAMPLE

BANK LETTER OF GUARANTEE

(BANK LETTERHEAD)

US Army Corps of Engineers Europe District Konrad Adenauer Ring 39, Box 7 ATTN: Contracting Officer 65187 Wiesbaden, Germany

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 five (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 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 TBD, 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 TBD for Design/Build Secondary School Renovations in Svrljig, Serbia, in strict compliance with the terms and conditions of said contract, entered into between the United States of America 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 the work has been finally accepted by the Government, and will continue thereafter in an amount equal to five (5%) percent of the original contract price and any modifications 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____________________________________________________

W912GB-18-C-00XX

(TYPE NAME UNDERNEATH SIGNATURE)

Title:_____________________________________________________________ NOTE: Certificate of Authority is attached evidencing authority of the signers to bind the bank in this document.

(End of Summary of Changes)