W912P822R0006 Am11.pdf

ED 21-019

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 above numbered solicitation for Atchafalaya River Levees, St. Mary Levee District, Charenton Floodgate, Replacement, St. Mary Parish, Louisiana (ED 21-019) is hereby amended as follow s:

1) Provides Government response to Offeror(s) question.

2) The proposal submission date and time of Monday, July 18, 2022, at 11:00 am local time, remains the same.

1. CONTRACT ID CODE PAGE OF PAGES

1 3

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

16C. DATE SIGNED

BY 15-Jul-2022

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 W912P822R0006

X 9B. DATED (SEE ITEM 11)

14-Jan-2022

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 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-Jul-2022

CODE

USACE, CONTRACTING DIVISION

ATTN: CEMVN-CT, ROOM 172

7400 LEAKE AVE.

NEW ORLEANS LA 70118-3651

W912P8 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912P822R0006

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

AMENDMENT 0011

CONTRACTOR QUESTION AND RESPONSE

Can you please clarify what material costs are eligible for progress payments in this solicitation under the progress payment clauses included 52.232-5 & 52.232-16?

It is difficult to understand how the two clauses are interpreted together. None of the subcontractors or suppliers are going to be willing to finance these costs.

The Contractor will have significant up front costs to obtain large quantities of materials like piling.

Would those stored items be eligible for progress payments if stored on site?

Would those stored materials for the job be eligible for progress payments if stored offsite if proper proof of title is obtained?

In the case of something like the gate itself or the machined / mechanical components, fabrication will take several months and the supplier will require periodic payments during fabrication.

Would the government make progress payments to the Contractor for these components?

RESPONSE: FAR clause 52.232-5 is required for all construction solicitation and contracts for firm fixed price construction projects. FAR 232-16 Progress Payments.(Class Deviation 2020-O0010) is required for all solicitations and contracts under whilch the Government will provide progress payments.

FAR 52.232-5(a)(2) addresses onsite material delivery as authorized by the Contracting Officer.

The only concern not already addressed in the solicitation is the offsite material delivery per FAR 52.232- 5(a)(2). The following UAI clause has been added to address this issue.

a. Pursuant to Federal Acquisition Regulation 52.232-5, Payments Under Fixed-Price Construction Contracts, materials delivered to the contractor at locations other than the site of the work may be taken into consideration in making payments, if included in the payment estimates and all the conditions of the General Provisions are fulfilled. Payment for items delivered to locations other than the worksite shall be limited to:

(1) Materials required by the technical provisions; or

(2) Materials that have been fabricated to the point where they are identifiable to an item of work required under this contract; or

(3) Items specifically listed below in paragraph b.

b. Payment for materials delivered off-site shall be made only after receipt of paid invoices listing the value of material and labor incorporated in the items along with a canceled check showing the prime

W912P822R0006 contractor's title to the items delivered off-site. Payment for materials delivered off-site shall be limited to the following items:

1. Steel gates (as a whole).

2. Steel gate components or largely constructed gate sections (such as a completed lower, middle or upper truss section, skin plate with associated frame, hinge and pintle completed castings).

3. Gate machinery (such as motors, generators or major hydraulic components).

4. Concrete, Pipe, H type or sheet pilings.

The following have been deleted:

AMENDMENT 0010

(End of Summary of Changes)