Final_Amendment_1.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 amendment is to Answ er Round 1 Questions.

1. CONTRACT ID CODE PAGE OF PAGES

U 1 3

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

16C. DATE SIGNED

BY 15-Jan-2016

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 W912P4-15-R-0001

X 9B. DATED (SEE ITEM 11)

22-Dec-2015

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

15-Jan-2016

CODE

CONTRACTING OFFICE

ATTN: FRANK D'ANDREA

Q1776 NIAGARA STREET

BUFFALO NY 14207-3199

H5CT9FJD 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912P4-15-R-0001

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

ROUND 1 QUESTIONS AND ANSWERS

1. We didn’t see any reference to the Price Anderson Act (PAA) Indemnification, a United States federal law for non-military nuclear facilities and Department of Energy sites and subcontractors.

Please clarify if PAA or other federal indemnification provision will be included as a contract clause.

Answer: No clause indemnifying the contractor is included in this solicitation.

2. The final RFP contains no language regarding PL 85-804 indemnification for contractors and subcontractors. We would observe that a site like SLDA Parks Township with the past and recent litigation history and close proximity of neighbors would seem to be a good candidate for the government to invoke the indemnification provisions of PL 85-804. Will the USACE state during the proposal phase that it will consider a well-documented request for PL 85-804 protection?

Answer: The USACE does not warrant that the Government will complete any determination either granting or denying an offerors request to amend the solicitation to include Federal Acquisition Regulation Clause 52.250-1, “Indemnification Under Public Law 85-804” prior to the date for receipt of proposals. USACE does not intend to extend the proposal preparation period and due date for receipt of proposals based on receipt of a request to amend the solicitation and include Federal Acquisition Regulation Clause 52.250-1, “Indemnification Under Public Law 85- 804.”

Will a bidder be rejected for stating in their proposal that they may, after review of the facts on the ground, request PL 85-804 indemnification?

Answer: An offeror will not be rejected for stating in its proposal that it may request that USACE amend the solicitation to include Federal Acquisition Regulation Clause 52.250-1, “Indemnification Under Public Law 85-804.”

Will a bidder be scored lower if they state that they may, after a review of facts on the ground, request PL 85-804 indemnification?

Answer: An Offeror will not be evaluated on whether it states in its proposal that it may request that USACE amend the solicitation to include Federal Acquisition Regulation Clause 52.250-1, “Indemnification Under Public Law 85-804.” However, an offer that is contingent upon a future action of the USACE or the Government may not conform to the essential requirements of the solicitation and may result in an offer not being considered further for award if award is made based on initial proposals.

W912P4-15-R-0001

(End of Summary of Changes)