AM-0003_SF-30.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 AND CONSTRUCTION FOR RENOVATION OF AN EXISTING SCHOOL COMPOUND AND THE CONSTRUCTION OF A NEW

CLASSROOM BUILDING IN MABANDA GABON.

Amendment 0003 is being issued to (1) provide responses to RFIs via ProjNet and (2) add "Design" to CLINs 0001-0008.

Proposal due date remains 16 September, 1300 hrs. Proposals shall be emailed to Susan.K.Dunnagan@usace.army.mil and Candace.C.Lotomau@usace.army.mil

1. CONTRACT ID CODE PAGE OF PAGES

J 1 11

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

16C. DATE SIGNED

BY 11-Sep-2020

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 W912GB20R0028

X 9B. DATED (SEE ITEM 11)

14-Aug-2020

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

11-Sep-2020

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:

W912GB20R0028

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 00 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

The following have been modified:

SOLICITATION INFORMATION

US GOVERNMENT POINTS OF CONTACT:

PRIMARY CONTRACT SPECIALIST: Mr. Daniel Unsen at Susan.K.Dunnagan@usace.army.mil CONTRACTING OFFICER: Ms. Candace Lotomau at Candace.C.Lotomau@usace.army.mil

REQUESTS FOR INFORMATION:

Requests for Information shall be submitted via ProjNet no later than 10 calendar days before the solicitation closing date. See Section 00 21 00 – Instructions for further details.

SECTION 00 10 00 - SOLICITATION

CLIN 0001

The CLIN description has changed from Renovation Of Three Existing Bldg to Design & Renovation of 3 Existing Bldg.

The CLIN extended description has changed from:

Renovation of the three (3) existing school buildings.

To:

Design and Renovation of the three (3) existing school buildings.

CLIN 0002

The CLIN description has changed from Renovation Existing Plumbing Systems to Design & Renovation Existing Plumbing.

Renovation of existing plumbing system/latrines.

Design and Renovation of existing plumbing system/latrines.

CLIN 0003

The CLIN description has changed from Construct Water Tank Rain Harvest Septic to Design & Construct Water Tank.

Construct new water tank with rain harvesting system and install a new septic tank.

Design and Construct new water tank with rain harvesting system and install a new septic tank.

CLIN 0004

The CLIN description has changed from Install New Electrical to Design & Install New Electrical.

The CLIN extended description has changed from:

Install all required electrical cable supplies and distributions through all three (3) existing classroom buildings to provide at least one (1) power outlet and one (1) lighting outlet for each room.

Design and Install all required electrical cable supplies and distributions through all three (3) existing classroom buildings to provide at least one (1) power outlet and one (1) lighting outlet for each room.

CLIN 0005

The CLIN description has changed from Install photovoltaic system to Design & Install photovoltaic system.

Install new photovoltaic system.

Design and Install new photovoltaic system.

CLIN 0006

The CLIN description has changed from Renovate Existing Director’s House to Design & Renovate Director’s House.

The CLIN extended description has changed from:

Renovate the existing school director’s house to include plumbing system/latrines and required electrical work to provide one (1) each new lighting and outlets for each room.

Design and Renovate the existing school director’s house to include plumbing system/latrines and required electrical work to provide one (1) each new lighting and outlets for each room.

CLIN 0007

The CLIN description has changed from Construct New Fence to Design & Construct New Fence.

Construct new fence around the school compound.

Design and Construct new fence around the school compound.

CLIN 0008

The CLIN description has changed from Construct New Building to Design & Construct New Building.

Construct new school building with two (2) classrooms and one (1) storage room.

Design and Construct new school building with two (2) classrooms and one (1) storage room.

SECTION 00 21 00 - INSTRUCTIONS

The following have been modified:

INSTRUCTIONS TO OFFERORS

A. INTRODUCTION

1. The US Army Corps of Engineers (USACE) Europe District (NAU) intends to select one contractor for the Design and Construction of an administrative building and the renovation of an existing classroom building near Makhava, Eswatini. NOTE: When the word “Offeror” is encountered in the RFP, it is intended to mean a company seeking to do business with the Government that submits a proposal in response to this Solicitation. When the word “Government” is encountered, it is intended to mean USACE NAU. “Request for Proposal,” “RFP” and “Solicitation” are used synonymously throughout.

2. The evaluations procedures are in accordance with Federal Acquisition Regulation Part 13.106-2(b)(3) –

Price and Other Factors. Award will be made to an Offeror proposing the combination most advantageous to the Government based upon an integrated assessment of the proposals received, including the evaluation factors provided within section 00 22 13. The Contracting Officer will award a firm fixed price contract to the responsible offeror that conforms to the solicitation, is determined to have proposed a fair and reasonable price and whose offer presents the best overall value to the Government, all factors considered. The Government reserves the right to accept other than the lowest priced offer or to reject all offers.

B. PRE-PROPOSAL CONFERENCE

Site visits are planned to be conducted at a time and date to be determined.

C. PROPOSAL SUBMISSION

1. Introduction. To assure timely and equitable evaluation of proposals, Offerors must follow the instructions contained herein. Offerors are required to meet all Solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors.

The Offeror shall submit in the proposal all requested information specified in this section of the Request for Proposal (RFP) at or before the exact time specified. Failure to meet a requirement may result in an Offeror being ineligible for award. Copies of the RFP are available by INTERNET ACCESS ONLY. All RFP documents will made available for viewing at the Federal Business Opportunities (FBO) website (http://www.fbo.gov). All amendments will be made available for viewing in FBO. It shall be the Offeror’s responsibility to check the website for any amendments.

Inquiries. Offerors with technical inquiries and any other questions shall submit their inquiries via Bidder Inquiry in ProjNet at http://www.projnet.org/projnet. The bidder inquiry key is PUQWK9-DSVQYS Offerors are requested to review the specification in its entirety and review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry. The Government reserves the right to decline addressing certain questions. Further, no questions, unless in the Government’s interest, will be answered any later than ten business days prior to the stated deadline for offers. All Offerors are encouraged to register on ProjNet for alerts to stay abreast of Q&A’s that are posted in reference to this Solicitation. Only self-registered users on ProjNet can submit and review inquiries.

To self-register, go to the webpage, click BID tab, select Bidder Inquiry, select agency USACE, enter the key for this Solicitation listed above, and your email address. After initial login, enter all the required information to create your user ID. Verify the information on the next screen and from there you may submit and view inquiries. Those submitting inquiries will receive a system generated email notification when their inquiry has been processed and answered. It is the Offeror’s responsibility to monitor for inquiries and responses. If an Offeror has technical difficulties that cannot be resolved in a timely manner, they may submit their responses via email to the Contract Specialist, Daniel Unsen, at susan.k.dunnagan@usace.army.mil..

2. General Proposal Submission Requirements.

a. Electronic Proposals. In an effort to reduce paperwork and costs, ALL RESPONSES TO THIS ANNOUNCEMENT SHALL BE SUBMITTED ELECTRONICALLY. Hand carried delivery or USPS/UPS/Fedex delivery of hard copies and/or CD-ROMs are not authorized. Facsimile submission is not authorized. Email submission is not authorized. Electronic submissions shall be via DoD SAFE Drop-Off at https://safe.apps.mil/.

Offerors will need to “Request a Drop-off” and obtain a “Request Code” from the Contract Specialist in order to submit proposals. A drop-off request is valid for 14 days. It is the responsibility of the Offeror to ensure receipt. In the event of technical difficulties, submission of proposals may shall be via email to both the Contract Specialist, Susan Dunnagan, at Susan.K.Dunnagan@usace.army.mil and the Contracting Officer, Candace Lotomau, at Candace.C.Lotomau@usace.army.mil. It is the responsibility of the Offeror to ensure receipt.

b. File Size Limitations. Offerors are advised that the file size limitation is 10MB due to email server restrictions. If needed, Offerors are advised to break the files down into smaller sections and deliver in separate emails. In such cases, please divide the sections as logically as possible and be sure to clearly name the files as specified below.

c. File Names. To ensure your submission is received and processed appropriately, it is important that interested parties CAREFULLY ensure their electronic files adhere to the following naming convention: Each filename shall begin with the Solicitation number, followed by the word “RESPONSE,” followed by your firm’s name, and finally a brief file description. EXAMPLES:

(1) “W912GB20R0028 RESPONSE Firmname Volume I.pdf”

(2) “W912GB20R0028 RESPONSE Firmname Volume I Part 1.pdf”

(3) “W912GB20R0028 RESPONSE Firmname Volume I Part 2.pdf”

(4) “W912GB20R0028 RESPONSE Firmname Volume I diagrams, figures.pdf”

(5) “W912GB20R0028RESPONSE Firmname Volume II.pdf”

d. File Organization, Formatting, and other instructions. Although hard copies are not accepted, each file shall be clearly indexed, and logically assembled. Font size shall be 10 or larger. Pages shall be letter sized--larger page sizes (such as 11x17 foldouts, etc.) will be counted as two pages. Offerors shall prepare proposals in the English language. Proposals shall be in a narrative format, organized and titled so that each section of the proposal follows the order and format of the factors. Information presented should be organized so as to pertain to only the evaluation factor in the section that the information is presented. Proposals shall completely and adequately address the requirements of this Solicitation. Offerors are reminded that elaborate corporate marketing information, formatting, special reproduction techniques, etc., are not necessary. Failing to submit attachments or failing to complete the proposal properly may result in rejection of the offer without further evaluation. Information pertaining to more than one evaluation factor should be repeated in the each section for each factor. Electronic files shall be Microsoft Windows compatible. Files shall be submitted in their native format (i.e., doc, xls, ppt, etc.), or if in pdf format, shall be in searchable text. If the electronic files are of a size at which they must be compressed (zipped), they shall be compressed into one zipped folder.

e. Submission &Deadline. Interested parties shall submit responses no later than the date specified on the

Solicitation document. The time & date of proposal receipt will be the upload completion / delivery time & date recorded at point of entry. Do not assume that electronic submission will occur instantaneously. Large files (e.g.

10MB or more) will take some time to upload. Offerors should time their upload effort with prudence by not waiting until the last few minutes—this will allow for unexpected delays in the transmittal process and troubleshooting. Offerors are encouraged to keep a copy of the delivery and/or read confirmation for their record but shall also request confirmation. Submissions after the deadline will be considered late and as such will be processed in accordance with

FAR 15.208.

f. Any information, presented in a proposal that the Offeror wants safeguarded from disclosure to other parties must be identified and labeled in accordance with the requirements of Provision “FAR 52.215-1, Instructions to OfferorsCompetitive Acquisition (Jan 2004),” subparagraph (e). The Government will endeavor to honor the restrictions against release requested by Offerors, to the extent permitted under United States law and regulations.

g. SPECIAL NOTICE: System for Award Management. Please take notice that the System for Award

Management (SAM, www.sam.gov) has a new entity registration requirement that firms submit an "original, signed notarized letter identifying the authorized Entity Administrator for the entity associated with the Data Universal Numbering System (DUNS) number before the registration will be activated." This applies to all new entity registrations and all entity registration renewals, effective 29 April 2018. Further information behind this new requirement is posted to the General Services Administration's (GSA) announcement page at https://www.gsa.gov/samupdate. Please also refer to Federal Service Desk's (FSD) instructions on how to comply with this new requirement. NOTE: the instructions are different for domestic (U.S. based) and international (not U.S. based) firms. Offerors are reminded that this Solicitation includes the provision FAR 52.204-7 SAM or FAR 52.212-1 Instructions to Offerors--Commercial Items, and the resulting award will include the clause FAR 52.204- 13 SAM Maintenance or 52.212-4 Contract Terms and Conditions--Commercial Items. These provisions/clauses require all contractors to register and maintain an active SAM entity registration in order to be eligible for contract awards, as prescribed by the regulation at FAR Subpart 4.11. In order to eligible for the contract award resulting from this Solicitation, Offerors are advised to take immediate action to ensure your SAM entity registration is current and/or will be current at the time of proposal receipt by this contracting office. Instructions for domestic entities (located in the U.S. or its outlying areas): https://fsd.gov/fsd-gov/answer.do?sysparm_kbid=d2e67885db0d5f00b3257d321f96194b&sysparm_search=kb0013183. Instructions for international entities (not located in the U.S. or its outlying areas): https://www.fsd.gov/fsd-gov/answer.do?sysparm_kbid=dbf8053adb119344d71272131f961946&sysparm_search=KB0013221

3. Proposal Format, Volume I, Non-Price Proposal

a. Section A - Executive Summary. Include a one page cover letter and any applicable executed joint venture agreements or other evidence of formal teaming agreements.

(i) JV agreements shall include the following:

(1) A copy of the JV agreement in English, signed by authorized representatives of all parties of the JV.

(2) A detailed statement outlining the following in terms of percentages, where appropriate:

(a) The relationship of the joint venture parties in terms of business ownership, capital contribution, and profit distribution or loss sharing.

(b) The management approach of the joint venture in terms of who will conduct, direct, supervise and control the project and have custody and control of the assets of the joint venture and perform the duties necessary to complete the work.

(c) The structure of the joint venture and decision-ranking responsibilities of the joint venture parties in terms of who will control the manner and method of performance of the work.

(d) Identification of the key personnel having authority to legally bind the joint venture to subcontracts and state who will provide or contract for the labor and materials for the joint venture.

(e) Identification of party maintaining the joint venture bank accounts for the payment of all expenses and the deposits of all receipts, keep the books and records, and pay applicable taxes for the joint venture.

(f) Identification of party furnishing the facilities, such as office supplies and telephone service.

(g) Identification of party having overall control of the joint venture.

(3) Other sections of the proposal shall identify, where appropriate, whether key personnel are employees of the individual joint venture parties and identify the party, or hired as employees of the joint venture.

(4) A complete and legally binding document with all the information required under this section titled “Joint Ventures” shall be included.

(ii) Formal teaming agreements shall include the following:

(1) A copy of the teaming agreement in English, signed by authorized representatives of all parties of the team.

b. Factor 1: Technical Approach. The Government requires that the Offeror provide the following:

(i) Offerors shall submit their proposed technical approach to achieve all necessary tasks covered in the SOW. At a minimum, the Offeror shall include their technical approach to the design and construction of an administrative building and the renovation of an existing classroom building near Makhava, Eswatini as provided within the SOW. There is a limit of twenty-five pages. If more than twenty-five pages are submitted, only the first ten pages will be reviewed and evaluated. The methodology shall state at a minimum:

(1) Typical number of people per team

(2) Make up of teams by trade

(3) Tools, equipment, special equipment requirements

(4) Cost effectiveness in accomplishing tasks to include purchase of building materials

(5) Capital Management Plan that includes discussion of how the Offeror plans to track and financially plan for Value Added Tax (VAT) reimbursements or exemptions applicable to work in the Host Nation

(6) Safety processes

(7) Knowledge of requirements and constraints applicable to work in the Host Nation

(8) Subcontracting Plan that specifies the technical aspects to be conducted by the prime and subcontractor, and explains how the Offeror will use proposed personnel and sub-contractor resources to assure the delivery of quality workmanship in accordance with the SOW. The subcontracting plan shall also include the name, address, DUNS number and CAGE/NCAGE code for any Architect-Engineer subcontractor identified in the proposal.

(9) Provide proof as registered designer with in the Host Nation.

(10) Provide proof of registration for construction work with in the Host Nation.

c. Factor 2: Schedule Offerors shall include a schedule and an accompanying narrative with the minimum components listed below, and using the assumptions specified herein.

(i) Schedule Narrative. The schedule narrative shall define the primary assumptions made, skilled labor requirements for critical work (e.g. foundation and roof design) and critical elements of the Offeror’s schedule shall be included. The narrative should identify how the Offeror will manage 30, 60 and 90 day out submittals and look ahead at potential issues and how they will work to resolve them beforehand. The narrative shall include a discussion of how the Offeror will manage subcontractors from a schedule perspective. The narrative shall not exceed 5 pages.

(ii) Schedule. The schedule submission may be submitted in Primavera "xer", Excel, Word, or pdf file format and shall be specifically-tailored to the project contemplated by this solicitation. The schedule should clearly demonstrate critical milestones throughout, the anticipated overall critical path, and any parallel activities. The schedule should clearly identify schedule constraints as they relate to the site access for workers and delivery of materials, long lead items, the Government’s periods for review and approval of submittals, anticipated delays throughout, etc. The schedule should show activities between contract Award and Notice to Proceed (NTP), and also NTP to Beneficial Occupancy Date (BOD). The schedule should clearly distinguish between prime and subcontractor activities. Offerors must account for the restrictions associated with local holidays and United States holidays. The schedule should include at a minimum the activities listed below:

(1) Contract Award

(2) BLG, Insurance Submission and other pre-construction approvals

(3) NTP

(4) Shop Drawing preparation

(5) Site Planning for separation of project facilities in accordance with WHO fact sheets

(6) Submission of the 65%, 95% and 100% design submittals

(7) Design submittal review periods

(8) Structural design of the foundation and roof

(9) Construction completion

(iii) Schedule Assumptions. For the purposes of evaluation under this factor, the Offeror should utilize the following assumptions: plan for a 425 calendar day construction duration, Offeror shall use the dates of

30 September 2020 for award, 30 October 2020 for NTP, and should prepare the schedule assuming that all base line items and options will be awarded on that date.

d. Factor 3: Past Performance. No submission is required. The Government will evaluate Past

Performance by reviewing, at a minimum, the Past Performance information retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Contractor Performance Assessment Reporting System (CPARS) and System for Award Management (SAM).

4. Proposal Format, Volume II, Price Proposal and Administrative Matters

a. Cover Letter. Offerors shall submit a cover letter in accordance with FAR 52.215-1(c)(2), including:

i. The solicitation number.

ii. The Offeror’s name, address, and phone/email contact information.

iii. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered.

iv. Names, titles, and telephone / email contact information of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation.

v. Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority.

b. Completed Solicitation Form (and amendments). Offerors shall submit a completed Standard Form

(SF) 1442 using a printed copy of the SF 1442 included in this solicitation. If applicable, Offerors shall also submit a completed SF 30 for each solicitation amendment, acknowledging all the amendments.

c. Bank Letter of Assurance (BLA) in the amount of 10% of the proposed price shall be provided. See format provided as RFP attachment. The BLA is evidence showing the Offeror's ability to be bonded or obtain a 10% Bank Letter of Guarantee for this project. Include the name, address and telephone number of the firm's bonding company or bank.

AS AN ALTERNATIVE, OTHER BONDS AND FINANCIAL PROTECTIONS MAY BE ACCEPTED, SEE

APPENDIX A

d. SAM Registration, Representations & Certifications. Offerors shall submit the following:

i. A completed clause FAR 52.204-8(d).

ii. A copy of their current “Entity Registration” in the System for Award Management (SAM) as recorded at www.sam.gov, showing the following sections: “core data, “assertions”, and “POCs”.

iii. A copy of their current “FAR & DFARS Report” that demonstrates all their completed representations and certifications as recorded at www.sam.gov.

e. Financial Information (e.g. past three years financial statements, annual reports, Dun & Bradstreet Ratings, and or number, bank name, and POC, etc). This information will be used for the purpose of completing the Pre-Award Survey and will not be rated. The offeror shall specify the number of years the firm has been in business and a list of present commitments, including the dollar value.

D. NEGOTIATIONS

1. General Information: The Contracting Officer intends to evaluate proposals and award a contract without negotiations. Therefore, Offerors should include their best price terms in their initial offer and not assume they will have an opportunity to participate in negotiations and/or be asked to submit a revised proposal. However, the Contracting Officer may determine it necessary after evaluating initial proposals to engage in negotiations and/or other bilateral communications with one or more Offerors. The Contracting Officer will notify all Offerors when an award is made.

2. Negotiations Scheduling: If negotiations are conducted, the Contracting Officer may negotiate orally, in writing, etc. The method for negotiations will be at the discretion of the Contracting Officer. The Contracting Officer will provide additional instructions with the notification that negotiations are necessary.

APPENDIX A

BONDS AND OTHER FINANCIAL PROTECTIONS

40 U.S.C. chapter 31, subchapter III, Bonds (formerly known as the Miller Act) and FAR 28.102 require a 100% performance and payment bonds issued by an acceptable corporate surety for any construction contract exceeding $150,000. This requirement may be waived, however, by the contracting officer for work performed in foreign countries if it is found that it is impracticable for the contractor to furnish such bond.

This contract will be performed in a country outside the United States, and the contracting officer has found that it is impracticable for many otherwise eligible firms to access bonding from approved sureties. As such, and in accordance with FAR Part 28 and applicable contract clauses, the following bonding options and financial protections from other sureties are considered acceptable by the contracting officer:

1. A 100% performance and payment bond, as specified by 52.228-15, Performance and Payment Bonds – Construction.

The contracting officer will only accept performance and payment bonds from corporate sureties that appear on the list contained in the Department of Treasury Circular 570, “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies,” or bonds supported by coinsurance or reinsurance agreements from such listed sureties and conforming to the Department of the Treasury regulations in 31 CFR 223.10 and 223.11, as elaborated in FAR Part 28. The contracting officer requires any reinsurance agreements to be executed and submitted with the bonds before making a final determination on the bonds.

2. A Letter of Guarantee, as specified in clause 52.000-4062, “BANK LETTER OF GUARANTY,” equal to 10% of the proposed price.

This letter may be issued by a Bank, Insurance Company, or other valid financial institution deemed acceptable to the contracting officer. This letter must conform to the requirements in clause 52.000-4062 and substantively follow the model provided in the RFP. The Letter of Guaranty must be accompanied by a notarized Certificate of Authority.

If an offeror intends to provide a Letter of Guarantee upon contract award, it must provide with its proposal a Bank Letter of Assurance conforming to the requirements in clause 52.000-4059 and substantively following the model provided in the RFP.

It should be noted that the Government will draw on Letter of Guaranty when the contractor fails to comply with the terms and conditions of the contract, or does not fulfill his undertaking in whole or in part. As this contract requires the prime contractor to ensure the timely payment of satisfactorily performing subcontractors (see, e.g., FAR 52.232-2(c)), the failure to pay subcontractors can be considered a breach of contract and may result in the Government drawing on this Letter of Guaranty.

3. An Irrevocable Letter of Credit that complies with the requirements of clause 52.228-14 – “Irrevocable Letter of Credit” and is equal to 10% of the proposed price.

An ILC must secure both performance and payment under the contract and substantively conform to the model provided in clause 52.228-14. It must be issued or confirmed by a federally insured financial institutions rated investment grade. As per 52.228-14(d), the offeror must provide the contracting officer a credit rating from a recognized commercial rating service that indicates the financial institution has the required rating(s) as of the date of issuance of the ILC.

4. Certified or cashier’s checks, bank drafts, money orders, or currency equal to 10% of the proposed price.

The checks, drafts, or money orders shall be in the same currency as the currency specified for the award of the contract. The checks, drafts, or money orders shall be drawn to the order of the U.S. Army Corps of Engineers Europe District Finance and Accounting Officer.

5. United States bonds or notes equal to 10% of the proposed price.

The bond or note must be accompanied by a duly executed power of attorney and agreement authorizing the collection or sale of such United States bonds or notes in the event of default of the principal on the bond. The contracting officer may –

(a) Turn securities over to the finance or other authorized agency official; or

(b) Deposit them with the Treasurer of the United States, a Federal Reserve Bank (or branch with requisite facilities), or other depository designated for that purpose by the Secretary of the Treasury, under procedures prescribed by the agency concerned and Treasury Department Circular No. 154.

(End of Summary of Changes)