Amendment 0002.pdf

WILMINGTON CONSTRUCTION BR- JH KERR

ATTN: MATTHEW FOLK 5460 BUGGS ISLAND ROAD

BOYDTON VA 23917-9801

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

Solicitation No. W912HN-10-B-0008, entitled Recreation Building Improvements, Philpott Lake, Franklin County, VA and W. Kerr Scott Dam and Reservoir, Wilkes County, NC is amended as follow s:

A. FAR Clauses 52.209-5 and 52.209-7 are added to Section 00600. FAR Clause 52.209-8 is added to Section 00700.

B. See Summary of Changes page for other changes.

C. All other terms and conditions of the solicitation, to include bid opening time and date (2:00PM EDT, 02 June 2010), remains unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 6

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

16C. DATE SIGNED

BY 21-May-2010

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 W912HN-10-B-0008

X 9B. DATED (SEE ITEM 11)

29-Apr-2010

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 T HE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. T HIS CHANGE ORDER IS ISSUED PURSUANT T O: (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

21-May-2010

CODE

USACE CONTRACTING, WILMINGTON DISTRICT

ATTN: BRUCE HELMS

69 DARLINGTON AVE

WILMINGTON NC 28403-1343

W912HN 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE W912HN

FACILITY CODECODE

EMAIL:TEL:

W912HN-10-B-0008

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00600 - REPRESENTATIONS & CERTIFICATIONS

The following have been added by full text:

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have [ballot], have not [ballot], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a) Definitions. As used in this provision--

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall enter the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(End of provision)

SECTION 00700 - CONTRACT CLAUSES

The following have been added by full text:

52.209-8 UPDATES OF INFORMATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by entering the required information in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7).

(b)(1) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) With the exception of the Contractor, only Government personnel and authorized users performing business on behalf of the Government will be able to view the Contractor's record in the system. Public requests for system information will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(End of clause)

SECTION 01 10 00.10 38 – SUPPLEMENTARY SPECIAL CONTRACT REQUIREMENTS

(1) Delete existing Page 2 in its entirety and replace with revised enclosed Page.

(2) ADD Attachment 3 COVER and Enclosure in their entirety.

SECTION 02 41 00 – DEMOLITION AND DECONSTRUCTIOIN

Delete existing Page 2, Page 11 and Page 12 in their entirety and replace with revised enclosed Pages.

NOTE:

Text that is added or revised by this amendment is replaced in its entirety and underlined and/or printed in bold and/or stamped appropriately.

The text changes may have necessitated reformatting of subsequent text or pages. If this is the case, those pages have also been issued as amended pages but are not underlined or bold text.

-- End of Summary of Changes--

Encls As stated

Recreation Building Improvements, Philpott Lake W912HN-10-B-0008 Recreation Builidng Improvements, W.K.Scott Dam and Reservoir

PART 2 PRODUCTS

PART 3 EXECUTION

ATTACHMENTS:

Attachment 1 - Guidelines for Emblem and Logo Applications

Attachment 2 - AOSE Construction Permit Approval Letters

Attachment 3 - FIXTURES AND EQUIPMENT TO BE REMOVED BEFORE DEMOLITION

-- End of Section Table of Contents --

SECTION TABLE OF CONTENTS 01 10 00.10 38 Page 2 (Revised by Amendment No. 0002)

(Added by Amendment No. 0002)

Attachment 3

FIXTURES AND EQUIPMENT TO BE REMOVED BEFORE

DEMOLITION

FIXTURES AND EQUIPMENT TO BE REMOVED BEFORE DEMOLITION

Warrior Creek Showerhouse Horseshoe Point Lower Restroom All overhead light fixtures All exterior door locks All sinks and delta faucet fixtures All hand dryers All toilets All paper racks All urinals and valves All soap dispensers All mirrors All Best locks on the doors Shower fixtures Two laundry tubs (in storage area and laundry room)

No Smoking and No Pets signs Rolands Branch Restroom All towel holders Left toilet on women’s side Bulletin board All hand dryers All paper racks Exterior door locks All soap dispensers

Horseshoe Main Showerhouse Shower converters All sinks All overhead lights All shower doors Breaker panel box to campsites Salthouse Main Showerhouse Water meters All hot water heaters All toilets Water meter and fittings All hand dryers All sinks All soap dispensers All mirrors All paper racks All paper racks All shower benches Two urinals All exterior door locks All hand dryers All ground fault breakers All shower benches All soap dispensers All exterior door locks

The Government has planned for the items in the table above to be reused at other locations. These items will be removed from the buildings by others prior to demolition and will not be available for salvage by the Contractor. These items are in addition to those covered in paragraph REMOVAL OF

HAZARDOUS MATERIALS FROM EXISTING BUILDINGS.

(Added by Amendment No. 0002)

3.1.12.1 Fixtures

3.1.12.2 Electrical Devices

3.1.12.3 Wiring Ducts or Troughs

3.1.12.4 Conduit and Miscellaneous Items

3.1.13 Items With Unique/Regulated Disposal Requirements

3.2 CONCURRENT EARTH-MOVING OPERATIONS

3.3 DISPOSITION OF MATERIAL

3.3.1 Title to Materials

3.3.2 Salvaged Materials and Equipment

3.3.3 Disposal of Ozone Depleting Substance (ODS)

3.3.3.1 Special Instructions

3.3.4 Transportation Guidance

3.4 CLEANUP

3.5 DISPOSAL OF REMOVED MATERIALS

3.5.1 Regulation of Removed Materials

3.5.2 Burning on Government Property

3.5.3 Removal from Government Property

3.6 REUSE OF SALVAGED ITEMS

-- End of Section Table of Contents --

SECTION 02 41 00 Page 2

Clean Air Act. Prevent discharge of Class I and Class II ODS to the atmosphere. Place recovered ODS in cylinders meeting AHRI Guideline K suitable for the type ODS (filled to no more than 80 percent capacity) and provide appropriate labeling. Recovered ODS shall be removed from Government property and disposed of in accordance with 40 CFR 82.

Products, equipment and appliances containing ODS in a sealed, self-contained system (e.g. residential refrigerators and window air conditioners) shall be disposed of in accordance with 40 CFR 82.

3.3.3.1 Special Instructions

No more than one type of ODS is permitted in each container. A warning/hazardous label shall be applied to the containers in accordance with Department of Transportation regulations. All cylinders including but not limited to fire extinguishers, spheres, or canisters containing an ODS shall have a tag with the following information:

a. Activity name and unit identification code

b. Activity point of contact and phone number

c. Type of ODS and pounds of ODS contained

d. Date of shipment

3.3.4 Transportation Guidance

Ship all ODS containers in accordance with MIL-STD-129, DLA 4145.25 (also referenced one of the following: Army Regulation 700-68, Naval Supply Instruction 4440.128C, Marine Corps Order 10330.2C, and Air Force Regulation 67-12), 49 CFR 173.301, and DOD 4000.25-1-M.

3.4 CLEANUP

Remove debris and rubbish from excavations. Remove and transport the in a manner that prevents spillage on streets or adjacent areas. Apply local regulations regarding hauling and disposal.

3.5 DISPOSAL OF REMOVED MATERIALS

3.5.1 Regulation of Removed Materials

Dispose of debris, rubbish, scrap, and other nonsalvageable materials resulting from removal operations in compliance with all applicable federal, state and local regulations as contractually specified in the Waste Management Plan.

3.5.2 Burning on Government Property

Burning of materials removed from demolished structures will not be permitted on Government property.

3.5.3 Removal from Government Property

Transport waste materials removed from demolished and deconstructed structures, except waste soil, from Government property for legal disposal. Dispose of waste soil as directed.

SECTION 02 41 00 Page 11

3.6 REUSE OF SALVAGED ITEMS

Recondition salvaged materials and equipment designated for reuse before installation. Replace items damaged during removal and salvage operations or restore them as necessary to usable condition.

-- End of Section --

SECTION 02 41 00 Page 12