W912P524R0004 A0004 Revised Warranty Language and Extend Proposals.pdf

W912P524R0004

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

PROJECT: Wolf Creek GSU Transformer Replacement Project PURPOSE: the purpose of this Amendment is to:

1) Provide updated Technical Specif ications, Updated Price Breakout Schedule, and revise the f ill-in information for FAR Clause 52.246-18, Warranty of Supplies of a Complex Nature.

2) Provide updated Wage Determinations.

3) Extend the deadline for receipt of proposals from 04 December 2024 to 11 December 2024 at 2:00PM Central Time.

4) Update FAR Provision 52.252-3, Alterations in Solicitation.

1. CONTRACT ID CODE PAGE OF PAGES

K 1 19

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

16C. DATE SIGNED

BY 27-Nov-2024

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 W912P524R0004

X 9B. DATED (SEE ITEM 11)

06-Aug-2024

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

27-Nov-2024

CODE

US ARMY CORPS OF ENGINEERS-CELRN-CT

DIRECTORATE OF CONTRACTING

110 9TH AVENUE SOUTH, RM A680

NASHVILLE TN 37203

W912P5 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

SUMMARY OF CHANGES

SECTION 00900 - WAGE DETERMINATIONS

The following have been added by full text:

WAGE DETERMINATIONS

"General Decision Number: KY20240058 11/08/2024

Superseded General Decision Number: KY20230058

State: Kentucky

Construction Type: Heavy

Counties: Adair, Barren, Casey, Clinton, Cumberland, Green, Hart, Knox, Laurel, Logan, Marion, McCreary, Metcalfe, Pulaski, Russell, Simpson, Taylor, Wayne and Whitley Counties in Kentucky.

HEAVY CONSTRUCTION PROJECTS (including sewer/water construction).

Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1).

|If the contract is entered |. Executive Order 14026 | |into on or after January 30, | generally applies to the | |2022, or the contract is | contract. | |renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at | |after January 30, 2022: | least $17.20 per hour (or | | | the applicable wage rate | | | listed on this wage | | | determination, if it is | | | higher) for all hours | | | spent performing on the | | | contract in 2024. | |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. | |contract is not renewed or |. The contractor must pay all|

|extended on or after January | covered workers at least | |30, 2022: | $12.90 per hour (or the | | | applicable wage rate listed| | | on this wage determination,| | | if it is higher) for all | | | hours spent performing on | | | that contract in 2024. |

The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request.

Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/05/2024 1 03/01/2024 2 05/31/2024 3 07/05/2024 4 09/06/2024 5 11/01/2024 6 11/08/2024

CARP0064-007 04/01/2024

Rates Fringes

CARPENTER (Form Work Only).......$ 32.90 23.37

ELEC0369-004 09/04/2024

Rates Fringes

LINE CONSTRUCTION

Equipment Operator..........$ 39.15 26%+7.40 Groundman...................$ 25.77 26%+7.40 Lineman.....................$ 43.84 26%+7.40

ENGI0181-010 07/01/2024

Rates Fringes

POWER EQUIPMENT OPERATOR

GROUP 1.....................$ 40.05 19.10

GROUP 2.....................$ 37.19 19.10

GROUP 4.....................$ 36.87 19.10

OPERATING ENGINEER CLASSIFICATIONS

GROUP 1 - Crane; Drill; Grader/Blade; Mechanic; Scraper

GROUP 2 - Bobcat/Skid Steer/Skid Loader; Forklift

GROUP 4 - Oiler

Operators on cranes with booms 150 feet and over (including jib) shall receive $1.00 above Group 1 rate; 250 feet and over including jib shall receive $1.50 above Class 1 rate.

Combination Rate: All crane operators operating cranes, where the length of the boom in combination with the length of the piling leads equal or exceeds 150 feet, shall receive $1.00 above the Group 1 rate.

Employees assigned to work below ground level are to be paid 10% above basic wage rate. This does not apply to open cut work.

IRON0782-010 08/01/2024

Rates Fringes

IRONWORKER (Reinforcing & Structural) Projects over $20,000,000.00..............$ 35.75 26.34 Projects under $20,000,000.00..............$ 34.01 24.83

* LABO0189-014 07/01/2024

Rates Fringes

LABORER

Concrete Saw (Hand Held/Walk Behind)...........$ 24.21 18.58 Concrete Worker.............$ 23.96 18.58

SUKY2011-014 06/25/2014

Rates Fringes

CEMENT MASON/CONCRETE FINISHER...$ 21.60 10.35

ELECTRICIAN......................$ 32.35 2.18

LABORER: Common or General......$ 20.60 9.39

LABORER: Flagger................$ 18.31 8.89

LABORER: Pipelayer..............$ 20.13 8.63

OPERATOR:

Backhoe/Excavator/Trackhoe.......$ 23.60 12.65

OPERATOR: Bulldozer.............$ 21.72 7.45

OPERATOR: Loader................$ 30.35 0.00

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

State Adopted Rate Identifiers

Classifications listed under the ""SA"" identifier indicate that the prevailing wage rate set by a state (or local) government was adopted under 29 C.F.R �1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination.

01/03/2024 reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board

U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION"

The following have been deleted:

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 04-Dec-2024 02:00 PM to 11-Dec-

2024 02:00 PM.

The following have been added by full text:

AMENDMENT 0004 CHANGES

AMENDMENT 0004

Wolf Creek GSU Transformers Replacement Project

DESCRIPTION OF CHANGES

PROPOSAL DUE DATE

1. The deadline for receipt of proposals has been extended from 04 December 2024 to 11 December 2024 at 2:00 PM Central Time.

PRICE BREAKOUT SCHEDULE

1. Contract Options – 1024 thru 1028:

a. Added Contract Line Item 1024 "Provide one (1) year warranty of supplies of a complex Nature FAR

52.246-18 IAW contractor's obligations"

b. Added Contract Line Item 1025 "Provide additional (1) year extended warranty of supplies of a complex Nature FAR 52.246-18 IAW contractor's obligations. This warranty CLIN is an extension of

CLIN 1024"

c. Added Contract Line Item 1026 "Provide additional (1) year extended warranty of supplies of a complex Nature FAR 52.246-18 IAW contractor's obligations. This warranty CLIN is an extension of

CLIN 1025"

d. Added Contract Line Item 1027 "Provide additional (1) year extended warranty of supplies of a complex Nature FAR 52.246-18 IAW contractor's obligations. This warranty CLIN is an extension of

CLIN 1026"

e. Added Contract Line Item 1028 "Provide additional (1) year extended warranty of supplies of a complex Nature FAR 52.246-18 IAW contractor's obligations. This warranty CLIN is an extension of

CLIN 1027"

SPECIFICATIONS

1. Specification 01 22 00 Measurement and Payment:

a. Paragraph 1.3.2.19 Provide One (1) Year Warranty has been added.

b. Paragraph 1.3.2.20 Provide Additional One (1) Year Warranty has been added.

c. Paragraph 1.3.2.21 Provide Additional One (1) Year Warranty has been added.

d. Paragraph 1.3.2.22 Provide Additional One (1) Year Warranty has been added.

e. Paragraph 1.3.2.23 Provide Additional One (1) Year Warranty has been added.

2. Specification 48 19 23.04 26 Electrical Power Generation – Class II GSU Power Transformer :

a. Paragraph 1.5.1 General Warranty Requirements has been revised.

b. Paragraph 1.5.2 (OPTION) Extended Warranty has been revised.

FAR CLAUSES

1. FAR Clause 52.246-18, Warranty of Supplies of a Complex Nature:

a. Paragraph b of this clause has been updated to change the warranty period from 5 years to 1 year base with up to four (4) years additional options.

1. The Wage Determination Davis-Bacon Act WD # KY20240058 (Russel County, KY HEAVY) has been updated.

SECTION B - SUPPLIES OR SERVICES AND PRICES

CLIN 1024 is added as follows:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1024 1 Job OPTION Provide One (1) Year Warranty

FFP

Provide One (1) Year Warranty. - Construction CLIN.

FOB: Destination

PSC CD: N061

NET AMT

CLIN 1025 is added as follows:

1025 1 Job OPTION Provide Additional One (1) Year Warranty

FFP

Provide Addtional One (1) Year Warranty. - Construction CLIN.

CLIN 1026 is added as follows:

1026 1 Job OPTION Provide Additional One (1) Year Warranty

FFP

Provide Addtional One (1) Year Warranty. - Construction CLIN.

CLIN 1027 is added as follows:

1027 1 Job OPTION Provide Additional One (1) Year Warranty

FFP

Provide Addtional One (1) Year Warranty. - Construction CLIN.

CLIN 1028 is added as follows:

1028 1 Job OPTION Provide Additional One (1) Year Warranty

FFP

Provide Addtional One (1) Year Warranty. - Construction CLIN.

The following have been modified:

PRICE BREAKOUT SCHEDULE

Price Schedule Wolf Creek Power Plant GSU Transformer Replacement

Item No. Description Est Quantity Unit Amount 0001 Design three (3) 90,000/150,000 kVA, 161 kV Grd. Y high-volage winding, 13.2kV delta low- voltage winding, Class OFAF/OFAF, three-phase GSU power transformers

1 JOB $

0002 Manufacture and factory test three (3) 90,000/150,000 kVA, 161 kV Grd. Y high-volage winding, 13.2kV delta low- voltage winding, Class OFAF/OFAF, three-phase GSU power transformers

1 JOB $

0003 Deliver three (3) 90,000/150,000 kVA, 161 kV Grd. Y high-volage winding, 13.2kV delta low- voltage winding, Class OFAF/OFAF, three-phase GSU power transformers

1 JOB $

0004 Offload three 90,000/150,000 kVA, 161 kV transformers and accessories at the Wolf Creek power plant, perform inspections, perform cleaning, perform reassembly, move the transformers to the long-term transformer storage location, furnish transformer oil and perform oil-filling and processing, perform field tests, and provide the of services of an Erecting Engineer, provide transformer specific training, 1 JOB $

0005 1 JOB $

Provide long-term transformer storage for three 90,000/150,000 kVA, 161 kV transformers

0006 Perform pre-move field tests, move the three transformers from the long-term transformer storage location to the switchyard locations, perform post move field tests, and provide the services of an erecting engineer.

1 JOB $

0007 Furnish Transformer Spare Parts. 1 JOB $

Materials The Government will make an Economic Price Adjustment (EPA) limited to the Steel, Copper, and Transformer Oil listed below, as FAR clause 52.216-4. In accordance with FAR 52.216-4(a), supporting data shall include, but is not limited to, material invoices.

0008AA Cold-Rolled Steel Pound (lbs) $

0008AB Standard Plate Steel

Pound (lbs) $

0008AC Copper

Pound (lbs) $

0008AD Transformer Oil Total Base Items Amount Option 1 Items

Gallon (gal) $

Design the oil containment and foundations for Transformers 1 & 3.

JOB

1002 Design the oil containment and foundations for Transformer 2.

1 JOB $

1003 Design the medium-voltage tubular bus system for Transformers 1 & 3.

1 JOB $

1004 Design the medium-voltage tubular bus system for Transformer 2.

1 JOB $

1005 Design the 161kV strain bus system for Transformers 1, 2, and 3.

1 JOB $

1006 Mobilization And Demobilization. 1 JOB $

1007 Removal of first switchyard 480V AC feeder. 1 JOB $

1008 Install of first switchyard 480V AC feeder. 1 JOB $

1009 Removal of second switchyard 480V AC feeder.

1 JOB $

1010 Install of second switchyard 480V AC feeder. 1 JOB $

1011 Demolition and Removal of the First Transformer Bank and Spare Transformer.

1 JOB $

1012 Construction of the First Oil Containment and Foundation.

1 JOB $

1013 Installation of the First Transformer. 1 JOB $

1014 Commissioning of the First Transformer. 1 JOB $

1015 Demolition and Removal of the Second Transformer Bank.

1 JOB $

1016 Construction of the Second oil Containment and Foundation.

1 JOB $

1017 Installation of the Second Transformer 1 JOB $

1018 Commissioning of the Second Transformer 1 JOB $

Demolition and Removal of the Third Transformer Bank.

JOB

1020 Construction of the Third Oil Containment and Foundation.

1 JOB $

1021 Installation of the Third Transformer. 1 JOB $

1022 Commissioning of the Third Transformer. 1 JOB $

1023 Provide Training on non-transformer systems. 1 JOB $

1024 Provide One(1) Year Warranty 1 JOB $

1025 Provide Additional (1) Year Warranty 1 JOB $

1026 Provide Additional (1) Year Warranty 1 JOB $

1027 Provide Additional (1) Year Warranty 1 JOB $

1028 Provide Additional (1) Year Warranty 1 JOB $

Total Option Items Amount $

Total Estimated Contract Price (Base + Option Items) $

1.0 The quantity for Item's marked EST is estimated and may be increased or decreased, or may not be used at all, at the discretion of the Government.

2.0 Contractor's Excise Tax applies to this project.

SECTION E - INSPECTION AND ACCEPTANCE

The following Acceptance/Inspection Schedule was added for CLIN 1024:

INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

Destination Government Destination Government

The following Technical Office was added for CLIN 1024:

EAST.KY AREA OFC,WOLF CREEK PP

SAM JASER

980 POWER PLANT RD.

JAMESTOWN KY 42629

The following Acceptance/Inspection Schedule was added for CLIN 1025:

The following Technical Office was added for CLIN 1025:

SAM JASER

980 POWER PLANT RD.

JAMESTOWN KY 42629

The following Acceptance/Inspection Schedule was added for CLIN 1026:

The following Technical Office was added for CLIN 1026:

SAM JASER

980 POWER PLANT RD.

JAMESTOWN KY 42629

The following Acceptance/Inspection Schedule was added for CLIN 1027:

The following Technical Office was added for CLIN 1027:

SAM JASER

980 POWER PLANT RD.

JAMESTOWN KY 42629

The following Acceptance/Inspection Schedule was added for CLIN 1028:

The following Technical Office was added for CLIN 1028:

SAM JASER

980 POWER PLANT RD.

JAMESTOWN KY 42629

SECTION F - DELIVERIES OR PERFORMANCE

The following Delivery Schedule for CLIN 1024 has been added:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

365 dys. AOE 1 EAST.KY AREA OFC,WOLF CREEK PP

SAM JASER

980 POWER PLANT RD.

JAMESTOWN KY 42629

(615)736-7279

W912P5

The following Delivery Schedule for CLIN 1025 has been added:

CAGE

365 dys. AOE 1 EAST.KY AREA OFC,WOLF CREEK PP

SAM JASER

980 POWER PLANT RD.

JAMESTOWN KY 42629

(615)736-7279

The following Delivery Schedule for CLIN 1026 has been added:

CAGE

365 dys. AOE 1 EAST.KY AREA OFC,WOLF CREEK PP

SAM JASER

980 POWER PLANT RD.

JAMESTOWN KY 42629

(615)736-7279

The following Delivery Schedule for CLIN 1027 has been added:

CAGE

365 dys. AOE 1 EAST.KY AREA OFC,WOLF CREEK PP

SAM JASER

980 POWER PLANT RD.

JAMESTOWN KY 42629

(615)736-7279

The following Delivery Schedule for CLIN 1028 has been added:

CAGE

365 dys. AOE 1 EAST.KY AREA OFC,WOLF CREEK PP

SAM JASER

980 POWER PLANT RD.

JAMESTOWN KY 42629

(615)736-7279

SECTION I - CONTRACT CLAUSES

52.246-18 WARRANTY OF SUPPLIES OF A COMPLEX NATURE (MAY 2001)

(a) Definitions.

"Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services rendered, as partial or complete performance of the contract.

"Correction," as used in this clause, means the elimination of a defect.

"Supplies," as used in this clause, means the end items furnished by the Contractor and related services required under this contract. The word does not include "data."

(b) Contractor's obligations. (1) The Contractor warrants that for one (1) year all supplies furnished under this contract will be free from defects in material and workmanship and will conform with all requirements of this contract; provided, however, that with respect to Government-furnished property, the Contractor's warranty shall extend only to its proper installation, unless the Contractor performs some modification or other work on the property, in which case the Contractor's warranty shall extend to the modification or other work.

(2) Any supplies or parts thereof corrected or furnished in replacement shall be subject to the conditions of this clause to the same extent as supplies initially delivered. This warranty shall be equal in duration to that set forth in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.

(3) The Contractor shall not be obligated to correct or replace supplies if the facilities, tooling, drawings, or other equipment or supplies necessary to accomplish the correction or replacement have been made unavailable to the Contractor by action of the Government. In the event that correction or replacement has been directed, the Contractor shall promptly notify the Contracting Officer, in writing, of the nonavailability.

(4) The Contractor shall also prepare and furnish to the Government data and reports applicable to any correction required (including revision and updating of all affected data called for under this contract) at no increase in the contract price.

(5) When supplies are returned to the Contractor, the Contractor shall bear the transportation costs from the place of delivery specified in the contract (irrespective of the f.o.b. point or the point of acceptance) to the Contractor's plant and return.

(6) All implied warranties of merchantability and "fitness for a particular purpose" are excluded from any obligation contained in this contract.

(c) Remedies available to the Government. (1) In the event of a breach of the Contractor's warranty in paragraph (b)(1) of this clause, the Government may, at no increase in contract price--

(i) Require the Contractor, at the place of delivery specified in the contract (irrespective of the f.o.b. point or the point of acceptance) or at the Contractor's plant, to repair or replace, at the Contractor's election, defective or nonconforming supplies; or

(ii) Require the Contractor to furnish at the Contractor's plant the materials or parts and installation instructions required to successfully accomplish the correction.

(2) If the Contracting Officer does not require correction or replacement of defective or nonconforming supplies or the Contractor is not obligated to correct or replace under paragraph (b)(3) of this clause, the Government shall be entitled to an equitable reduction in the contract price.

(3) The Contracting Officer shall notify the Contractor in writing of any breach of the warranty in paragraph (b) of this clause within 60 days of the last delivery of this contract. The Contractor shall submit to the Contracting Officer a written recommendation within 30 days as to the corrective action required to remedy the breach. After the notice of breach, but not later than 45 days after receipt of the Contractor's recommendation for corrective action, the Contracting Officer may, in writing, direct correction or replacement as in paragraph (c)(1) of this clause, and the Contractor shall, notwithstanding any disagreement regarding the existence of a breach of warranty, comply with this direction. If it is later determined that the Contractor did not breach the warranty in paragraph (b)(1) of this clause, the contract price will be equitably adjusted.

(4) If supplies are corrected or replaced, the period for notification of a breach of the Contractor's warranty in paragraph (c)(3) of this clause shall be notified immediately from the furnishing or return by the Contractor to the Government of the corrected or replaced supplies or parts thereof, or, if correction or replacement is effected by the Contractor at a Government or other activity, for the duration of this contract.

(5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of the contract.

(End of clause)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR QUOTERS

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

Amendment 0001:

PROJECT: Wolf Creek GSU Transformer Replacement PURPOSE: the purpose of this Amendment is to:

1) Provide updated Technical Specifications.

2) Provide the Pre-Proposal Teleconference Slides.

3) Update the Instructions, Paragraph 2.0, Bonds and Insurance, to include Bid Guarantee.

4) Incorporate FAR Provision 52.228-1, Bid Guarantee, by full text.

5) Update FAR Clause 52.211-12, Liquidated Damages - Construction.

6) Update FAR Clause 52.217-7, Options for Increased Quantity - Separately Priced Line Item.

7) Provide updated Construction Wage Determinations.

8) Update FAR Provision 52.252-3, Alterations in Solicitation.

Amendment 0002:

PROJECT: Wolf Creek GSU Replacement PURPOSE: the purpose of this Amendment is to:

1) Provide Site Visit Information. A site walk will occur on Wednesday, 9 October 2024 at 10:00AM Central Time.

2) Incorporate FAR 52.236-27 Alternate I, Site Visit (Construction) - Alternate I by Full Text.

3) The deadline for receipt of questions in Projnet Bidder Inquiry has been extended to 11 October 2024.

4) Update FAR Provision 52.252-3, Alterations in Solicitation.

Amendment 0003:

PROJECT: Wolf Creek GSU Transformer Replacement Project PURPOSE: the purpose of this Amendment is to:

1.) Provide updated Technical Plans and Specifications, the physical site visit sign-in sheet, and revise the fill-in information for FAR Clause 52.228-1 to be consistent with the Instructions to Offerors.

2.) Provide Government answers to questions received from Industry.

3.) Update FAR Provision 52.252-3, Alterations in Solicitation.

Amendment 0004:

PROJECT: Wolf Creek GSU Transformer Replacement Project PURPOSE: the purpose of this Amendment is to:

1) Provide updated Technical Specifications, Updated Price Breakout Schedule, and revise the fill-in information for FAR Clause 52.246-18, Warranty of Supplies of a Complex Nature.

2) Provide updated Wage Determinations.

3) Extend the deadline for receipt of proposals from 04 December 2024 to 11 December 2024 at 2:00PM Central Time.

4) Update FAR Provision 52.252-3, Alterations in Solicitation.

(end of provision)

(End of Summary of Changes)