21Q0010 Amendment 0001.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

The purpose of this post closing amendment is to 1) extend the quote due date to 26 August 2021 2) Provide Answ ers to RFIs Submitted 3) Provide a Revised SOW and Attachment three 4) Include bonding requirements and Basis of Aw ard into the solicitation 5) Remove clauses 52.236-8, 52.228-3, and 52.236-14.

1. CONTRACT ID CODE PAGE OF PAGES

1 7

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

16C. DATE SIGNED

BY 16-Aug-2021

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 W912GB21Q0010

X 9B. DATED (SEE ITEM 11)

23-Jul-2021

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

16-Aug-2021

CODE

CONTRACTING DIVISION

US ARMY CORPS OF ENGINEERS

KONRAD ADENAUER RING 39

D-65187 WIESBADEN GERMANY

WIESBADEN 65187 GERMANY

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

andrene.a.alexander@usace.army.milEMAIL:(+49)(0)611-9744-2798TEL:

ANDRENE A ALEXANDER / ADDED BY UPASS

W912GB21Q0010

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 09-Aug-2021 05:00 PM to 26-Aug-2021 05:00 PM.

The following have been modified:

POCS

CONTACT INFORMATION

US GOVERNMENT POINTS OF CONTACT:

PRIMARY CONTRACT SPECIALIST: Ms. Alysha MacDonald at Alysha.A.MacDonald@usace.army.mil

CONTRACTING OFFICER: Ms. MAJ Andrene Alexander at andrene.a.alexander@usace.army.mil

INSTRUCTIONS TO OFFERORS

A. INTRODUCTION

1. The US Army Corps of Engineers (USACE) Europe District (NAU) intends to select one contractor for the renovation of the existing 2-story solid concrete / masonry facility with flat roof that serves as orphanage housing 15 people (10 children, 2 caregivers-teachers and 3 additional staff members). The building is continuously operated and will remain occupied during renovation.

B. PROPOSAL SUBMISSION

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 solicitation documents will made available via SAM.GOV publishing. All amendments will be made available via SAM.GOV. It shall be the Offeror’s responsibility to check SAM.GOV 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 TFPYXM-2IJSDH. 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 five 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. PROJNET IS NOW CLOSED.

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, Alysha MacDonald, at Alysha.A.MacDonald@usace.army.mil.

1.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. Offerors are to submit their proposal via email to the Contract Specialist, Alysha MacDonald, at alysha.a.macdonald@usace.army.mil and the contracting officer, MAJ Andrene Alexander, at andrene.a.alexander@usace.army.mil.

b. 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.

c. Any information, presented in a proposal that the Offeror wants safeguarded from disclosure to other parties must be identified. The Government will endeavor to honor the restrictions against release requested by Offerors, to the extent permitted under United States law and regulations.

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

System for Award Management (SAM, www.sam.gov) has an 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 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 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 and the resulting award will include the clause FAR 52.204-13 SAM Maintenance. 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=kb0013

183. 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=KB001

C. 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.

D. BASIS OF AWARD

Award will be made to one Offeror who is deemed responsible in accordance with the FAR, whose proposal conforms to the RFQ requirements, and offers the lowest price to the Government. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government reserves the right to reject any and all offers. Offerors should include their best price terms in their initial quote and not assume they will have an opportunity to resubmit their quote and/or be asked to negotiate.

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.

The Award will be Firm-Fixed-Price (FFP) and shall be made in USD. In order to be considered acceptable, offers must contain prices for all contract line item numbers (CLINs) identified in the price schedule. Failure to submit a price and failure to complete all CLINs may result in the Offeror’s proposal package being rejected by the Government after initial evaluation without further consideration.

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 the task order are not reimbursable. The task order price will not be adjusted on account of fluctuations in the currency exchange rates. No bill of quantities will be provided by the Government of will be utilized during this task order.

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.

E. BONDS AND OTHER FINANCIAL PROTECTIONS

40 U.S.C. 31, subchapter III, Bonds (formerly known as the Miller Act) and FAR 28.102 requires 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 bonding options and financial protections from other sureties are that are considered acceptable by the contracting officer for this procurement are set forth below.

Please note that failure to provide ONE of the alternatives listed in subsections E.1 through E.5 below may render a proposal unawardable if the document is required to be provided with the proposal, or it may result in a termination for default if the document is required to be submitted after award."

1. A Bank Letter of Guarantee (BLG) & Bank Letter of Assurance (BLA).

A BLG, as specified in clause 52.000-4062, “BANK LETTER OF GUARANTY,” shall be submitted to the contracting officer within 10 days after award. It shall be equal to 10% of the proposed price. The BLG may be issued by a Bank, Insurance Company, or other valid financial institution deemed acceptable to the contracting officer. The BLG must conform to the requirements in clause 52.000-4062 and substantively follow the template provided as an attachment to this RFQ. The BLG must be accompanied by a notarized Certificate of Authority.

If a contractor intends to provide a BLG after contract award, it must provide with its proposal a Bank Letter of Assurance (BLA) conforming to the requirements in clause 52.000-4059 and substantively following the model provided as an attachment to this RFQ. The BLA is evidence showing the contractor's ability to obtain a 10% Bank Letter of Guarantee (BLG) for this project.

Please note that the BLA and BLG must follow the substantive terms of the RFQ template attachments. Terms that are additional or terms that have been deleted from the RFQ attachments on the letters provided by the contractor will not be accepted.

The Government will draw on the BLG 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 termination of the contract for default.

2. 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.

3. An Irrevocable Letter of Credit (ILC) 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.

SECTION I - CONTRACT CLAUSES

The following have been deleted:

52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.236-8 Other Contracts APR 1984 52.236-14 Availability and Use of Utility Services APR 1984

(End of Summary of Changes)