Amendment_0002_FGS_Environmental.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

This amendment is issued to answ er one PPI, modify Secltion L of the solicitation to include Anti Mafia Language, modify Section M of the solicitation, and to add clauses.

The proposal due date is extended to February 7, 2014 at 2:00 p.m. Central European Time.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 11

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

16C. DATE SIGNED

BY 04-Feb-2014

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 N33191-14-R-1009

X 9B. DATED (SEE ITEM 11)

06-Jan-2014

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 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

04-Feb-2014

CODE

NAVFAC EUROPE AFRICA SOUTHWEST ASIA

PSC 817 BOX 51

FPO AE 09622-0051

N33191 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N33191-14-R-1009

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 0002

Changes to Section M:

Section M is revised in its entirety to:

BASIS FOR AWARD

1. The Government reserves the right to eliminate from consideration for award any or all offers at any time prior to award of the contract; to negotiate with offerors in the competitive range; and to award the contract to the offeror submitting the proposal determined to represent the best value—the proposal most advantageous to the Government, price and other factors considered.

2. The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. In addition, if the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

3. The tradeoff process is selected as appropriate for this acquisition. The Government considers it to be in its best interest to allow consideration of award to other than the lowest priced offeror or other than the highest technically rated offeror.

4. The relative order of importance of the non-cost/price evaluation factors is the technical Factors 1 and

3 are of equal importance to each other and, when combined, are equal in importance to the past performance evaluation/performance confidence assessment Factor 2. When the proposal is evaluated as a whole, the technical factors and past performance/performance confidence assessment factor combined (i.e., the non-cost/price evaluation factors) are approximately equal to price.

5. Any proposal found to have a deficiency in meeting the stated solicitation requirements or performance objectives will be considered ineligible for award, unless the deficiency is corrected through discussions. Proposals may be found to have either a significant weakness or multiple weaknesses that impact either the individual factor rating or the overall rating for the proposal. The evaluation report must document the evaluation board’s assessment of the identified weakness(s) and the associated risk to successful contract performance resulting from the weakness(s). This assessment must provide the rationale for proceeding to award without discussions.

ADJECTIVAL RATINGS/DESCRIPTIONS

1. The non-price rating reflects the degree to which the evaluated proposal meets or does not meet the minimum performance or capability requirements through an assessment of the strengths, weaknesses, significant weaknesses, deficiencies, and risks of a proposal.

a. Adjectival ratings and rating descriptions will be used to assign an overall rating to each non-price proposal and to assign a rating for each non-price factor other than past performance. Use upper case letter ratings for major non-price factors as well as the overall rating. The addition of plus (+) or minus (-) to an adjective rating is not allowed.

Table 1. Combined Non-Price/Risk Ratings

Rating Description

Outstanding (O)

Proposal meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is very low.

Good (G)

Proposal meets requirements and indicates a thorough approach and understanding of the requirements. Proposal contains strengths which outweigh any weaknesses. Risk of unsuccessful performance is low.

Acceptable (A)

Proposal meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on contract performance. Risk of unsuccessful performance is no worse than moderate.

Marginal (M)

Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The proposal has one or more weaknesses which are not offset by strengths. Risk of unsuccessful performance is high.

Unacceptable (U)

Proposal does not meet requirements and contains one or more deficiencies. Proposal is not awardable.

2. Definitions: The following definitions are provided to assist evaluators in the evaluation of each non-cost/price factor.

a. Strength: An aspect of an offeror’s proposal that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.

b. Weakness: A flaw in the proposal that increases the risk of unsuccessful contract performance.

c. Significant Weakness: A flaw that appreciably increases the risk of unsuccessful contract performance.

d. Deficiency: A material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

Past Performance Evaluation

The past performance evaluation results in an assessment of the offeror’s probability of meeting the solicitation requirements. The past performance evaluation considers each offeror’s demonstrated recent and relevant record of performance in providing services that meet the contract’s requirements. One performance confidence assessment rating is assigned for each offeror after evaluating the offeror’s recent past performance, focusing on performance that is relevant to the contract requirements.

1. There are two aspects to the past performance evaluation. The first is to evaluate the offeror’s past performance to determine how relevant a recent effort accomplished by the offeror is to the effort to be acquired through the source selection. The degree to which past performance evaluations and all other past performance information reviewed by the Government reflect a trend of satisfactory performance considering:

a. A pattern of successful completion of tasks;

b. A pattern of deliverables that are timely and of good quality;

c. A pattern of cooperativeness and teamwork with the Government at all levels (task managers, contracting officers, auditors, etc.);

d. Tasks that are identical to, similar to, or related to the task at hand;

2. Past Performance relevancy will be rated as either “Relevant” or “Not Relevant”.

3. The second aspect of the past performance evaluation is to determine how well the contractor performed on the contracts. The past performance evaluation performed in support of a current source selection does not establish, create, or change the existing record and history of the offeror’s past performance on past contracts; rather, the past performance evaluation process gathers information from customers on how well the offeror performed those past contracts.

4. If one relevant project is not submitted for Factor1, or PPQ ratings were not provided for the project then a rating of "Unknown Confidence (neutral) will be assigned either because no recent/relevant performance record is available or the offeror's performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

5. Performance Confidence Assessment. In conducting a performance confidence assessment, each offeror shall be assigned one of the ratings in Table 2 below:

Table 2. Performance Confidence Assessments Rating Description Substantial Confidence Based on the offeror’s recent/relevant performance record, the

Government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory Confidence Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Limited Confidence Based on the offeror’s recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort.

No Confidence Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

Unknown Confidence (Neutral) No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

EVALUATION FACTORS FOR AWARD

1. The solicitation requires the evaluation of the following technical factors and price.

Factor 1 – Corporate Experience

Factor 2 – Past Performance Factor 3 – Key Personnel

Note: The distinction between corporate experience and past performance is corporate experience pertains to the types of work and volume of work completed by a contractor that are comparable to the types of work covered by this requirement, in terms of size, scope, and complexity. Past performance relates to how well a contractor has performed.

2. Relative Importance of the Evaluation Factors

Factors 1 and 3 are of equal importance to each other and, when combined, are equal in importance to the past performance evaluation/performance confidence assessment Factor 2. When the proposal is evaluated as a whole, the technical factors and past performance/performance confidence assessment factor combined (i.e., the non-cost/price evaluation factors) are approximately equal to price.

3. Basis of Evaluation and Submittal Requirements for Each Factor.

(a) Technical Factors:

(1) Factor 1 - Corporate Experience:

(i) Solicitation Submittal Requirements:

Offerors shall submit a minimum of one (1) and maximum of three (3) contracts completed by the offeror that were completed or substantially completed (80% by the date of issuance of this RFP) within the past five (5) years, that are similar in scope and complexity to this solicitation and was/were performed within the European Union. Each contract submitted on Attachment B shall include the contract number, project description, an explanation of similarity to the current project, the dollar value, the year the work was completed, and a client point of contact.

Indicate if the contract was performed under an Indefinite Delivery Indefinite Quantity (IDIQ) contract. Ensure correct phone numbers and email addresses are provided for the client point of contact. Limit to three (3) pages.

(ii) Basis of Evaluation: Evaluation will be based on the extent of the Offeror’s relevant experience relating to the assessment of environmental regulations.

Note 1: Offerors may receive a higher rating for this factor where the Offeror demonstrates that a submitted contract was performed within the European Union AND within Africa, AND/OR within Southwest Asia.

Note 2: Offerors may receive a higher rating for this factor where the Offeror demonstrates experience in managing multiple Task Orders under Indefinite Delivery Indefinite Quantity (IDIQ) contracts.

Note 3: If the Offeror is a joint venture, contracts must be submitted for all joint venture partners. Failure to submit contracts for all joint venture partners may result in a lower rating.

(2) Factor 2 - Past Performance:

(i) Solicitation Submittal Requirements:

The Past Performance Questionnaire included in the solicitation is provided for the offeror to submit to the client for each contract the offeror includes in its proposal for Factor (Factor 1 - Corporate Experience). Ensure correct phone numbers and email addresses are provided for the client point of contact.

Include with your proposal submission a copy of the Past Performance Questionnaire Cover Sheet which contains the point of contact information for each client questionnaire. Also include any performance recognition documents received within the last (5 years) such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition.

In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS) using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror’s proposal, inquiries of owner representative(s), and any other known sources not provided by the offeror.

While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror.

A copy of the blank Past Performance Questionnaire to be used for requesting client references is included below as Attachment A.

(ii) Basis of Evaluation: The degree to which past performance evaluations and all other past performance information reviewed by the Government (e.g., PPIRS, performance recognition documents, and information obtained for any other source) reflect a trend of satisfactory performance considering:

- A pattern of successful completion of tasks;

- A pattern of deliverables that are timely and of good quality;

- A pattern of cooperativeness and teamwork with the Government at all levels (task managers, contracting officers, auditors, etc.); and -Tasks that are identical to, similar to, or related to the task at hand

(3) Factor 3 – Key Personnel/Project Management:

Offerors shall submit a resume for each of the following: Offeror’s proposed Program Manager, and proposed Senior Environmental Professional (ie. Senior Engineer/Senior Scientist).

Each resume shall include the individual’s name, title, and education. Each resume shall list at least 5 years of related experience, an explanation of how their experience relates to the assessment of environmental regulations within the European Union. Indicate on which contracts, if any, the individual worked on that was submitted for Factor 1-Corporate Experience. Limit to 1 page per resume.

(ii) Basis of Evaluation: Evaluation will be based on the offeror’s ability to provide quality personnel to perform the required work. Evaluation will be based on the proposed individual’s level of education; level of experience; number of years of relevant experience; and the extent to how well their experience relates to the assessment of environmental regulations.

Note 1: Offerors may receive a higher rating for this factor where the Offeror demonstrates that submitted experience was performed within the European Union AND within Africa, AND/OR within Southwest Asia.

Note 2: Proposals that demonstrate that one or more of the proposed key personnel worked together with the offeror on successful contracts already submitted under Factor 1-Corporate Experience, may be rated higher.

Price:

a. Offerors shall enter their proposed unit prices with total amounts in U.S Dollars for all Exhibit Line Item Numbers (ELINS) including the Base Period and Option Periods 1, 2, 3, and 4. Pricing for each ELIN shall include all labor, materials, supervision, overhead and profit to perform the required work as outlined in the corresponding Statement of Work.

b. The awardee’s proposed prices shall be incorporated into the contract award. Note: Exhibit Line Item Numbers (ELINS) are provided as a Microsoft Excel Spreadsheet for the offerors’ convenience. It is the responsibility of the offeror to ensure prices are entered correctly and that any calculation formulas used are correct. In the event there is a difference between a unit price and the extended total amount, the unit price will be held to be the intended bid/offer and the total of the line item will be recomputed accordingly.

(ii) Basis of Evaluation:

Basis of Evaluation: The Government will evaluate price based on the total price. Total price consists of the total for the base period and all option periods. The Government intends to evaluate all options and has included the provision FAR 52.217-5, Evaluation of Options (JUL 1990) in the solicitation. In accordance with FAR 52.217-5, evaluation of options will not obligate the Government to exercise the option(s). Analysis will be performed by one or more of the following techniques to ensure a fair and reasonable price:

(i) Comparison of proposed prices received in response to the RFP.

(ii) Comparison of proposed prices with the Independent Government Estimate.

(iii) Comparison of proposed prices with available historical information.

(iv) Comparison of market survey results.

Answers to Pre-Proposal Inquiries:

5. Does the Government anticipate that the FGS for Spain and Greece will be updated and re-published before this contract is awarded?

No.

SECTION I - CONTRACT CLAUSES

The following have been added by reference:

52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.232-1 Payments APR 1984 52.249-8 Default (Fixed-Price Supply & Service) APR 1984

252.222-7003 Permit From Italian Inspectorate of Labor JUN 1997 252.222-7004 Compliance With Spanish Social Security Laws and

Regulations

JUN 1997

252.228-7006 Compliance With Spanish Laws and Insurance DEC 1998 252.229-7001 Tax Relief JUN 1997 252.229-7001 Tax Relief JUN 1997 252.229-7004 Status of Contractors as a Direct Contractor (Spain) JUN 1997 252.229-7005 Tax Exemptions (Spain) MAR 2012

5252.229-9304 TAX RELIEF (JUN 1994)

Price contained in the bids are exclusive of all taxes and duties which the U. S. Government is exempted from by virtue of any tax agreements between the U. S. Government and the Contractor's Government. Relief from Italian taxes and duties for the Prime Contractor only is provided in accordance with an Agreement of 5 March 1952 between the Government of the United States of America and Italy. The Contractor's obligation to pay the tax or duty is not removed by the Agreement; however, the Contractor may obtain relief from certain taxes and duty by contacting the Italian Ministry of Industry. With reference to the value added tax (IVA) which became effective in Italy on 1 January 1973, Article 72 of the IVA implementing decree authorizes an exemption from the total accumulated amount of IVA tax on all goods supplied and services rendered to U. S. military commands, provided, however, that the United States of America shall not be liable for the interest on any such sums accruing to the Contractor under such agreement because of delay or failure on the part of the Italian Government to pay such refunds.

(b) Use of AE 302 forms is hereby authorized. The purpose of the AE 302 procedure is to obtain exemption from taxes and custom duties which the U. S. Government and Government of Italy have agreed shall not be applicable to defense purchases by or on behalf of the U. S. Forces in Italy. Signature on the AE 302 form by an authorized U. S.

official only represents certification that the goods and materials imported into Italy are solely for the use of the U. S.

Forces; this signature does not and is not intended to alter the other terms and conditions of this contract, including the terms concerning transfer of title of the goods and materials. USE OF THE AE 302 PROCEDURES SHALL NOT BE CAUSE TO ASSERT ANY CLAIM, INCLUDING DELAYS INCIDENT TO OBTAINING U. S. AUTHORIZED OFFICIALS TO CERTIFY THE AE 302 FOR EACH SHIPMENT. (End of Clause)

Price contained in the bids are exclusive of all taxes and duties which the U. S. Government is exempted from by virtue of any tax agreements between the U. S. Government and the Contractor's Government. Relief from Italian taxes and duties for the Prime Contractor only is provided in accordance with an Agreement of 5 March 1952 between the Government of the United States of America and Italy. The Contractor's obligation to pay the tax or duty is not removed by the Agreement; however, the Contractor may obtain relief from certain taxes and duty by contacting the Italian Ministry of Industry. With reference to the value added tax (IVA) which became effective in Italy on 1 January 1973, Article 72 of the IVA implementing decree authorizes an exemption from the total accumulated amount of IVA tax on all goods supplied and services rendered to U. S. military commands, provided, however, that the United States of America shall not be liable for the interest on any such sums accruing to the Contractor under such agreement because of delay or failure on the part of the Italian Government to pay such refunds.

(b) Use of AE 302 forms is hereby authorized. The purpose of the AE 302 procedure is to obtain exemption from taxes and custom duties which the U. S. Government and Government of Italy have agreed shall not be applicable to defense purchases by or on behalf of the U. S. Forces in Italy. Signature on the AE 302 form by an authorized U. S.

official only represents certification that the goods and materials imported into Italy are solely for the use of the U. S.

Forces; this signature does not and is not intended to alter the other terms and conditions of this contract, including the terms concerning transfer of title of the goods and materials. USE OF THE AE 302 PROCEDURES SHALL NOT BE

Price contained in the bids are exclusive of all taxes and duties which the U. S. Government is exempted from by virtue of any tax agreements between the U. S. Government and the Contractor's Government. Relief from Italian taxes and duties for the Prime Contractor only is provided in accordance with an Agreement of 5 March 1952 between the Government of the United States of America and Italy. The Contractor's obligation to pay the tax or duty is not removed by the Agreement; however, the Contractor may obtain relief from certain taxes and duty by contacting the Italian Ministry of Industry. With reference to the value added tax (IVA) which became effective in Italy on 1 January 1973, Article 72 of the IVA implementing decree authorizes an exemption from the total accumulated amount of IVA tax on all goods supplied and services rendered to U. S. military commands, provided, however, that the United States of America shall not be liable for the interest on any such sums accruing to the Contractor under such agreement because of delay or failure on the part of the Italian Government to pay such refunds.

(b) Use of AE 302 forms is hereby authorized. The purpose of the AE 302 procedure is to obtain exemption from taxes and custom duties which the U. S. Government and Government of Italy have agreed shall not be applicable to defense purchases by or on behalf of the U. S. Forces in Italy. Signature on the AE 302 form by an authorized U. S.

official only represents certification that the goods and materials imported into Italy are solely for the use of the U. S.

Forces; this signature does not and is not intended to alter the other terms and conditions of this contract, including the terms concerning transfer of title of the goods and materials. USE OF THE AE 302 PROCEDURES SHALL NOT BE

Price contained in the bids are exclusive of all taxes and duties which the U. S. Government is exempted from by virtue of any tax agreements between the U. S. Government and the Contractor's Government. Relief from Italian taxes and duties for the Prime Contractor only is provided in accordance with an Agreement of 5 March 1952 between the Government of the United States of America and Italy. The Contractor's obligation to pay the tax or duty is not removed by the Agreement; however, the Contractor may obtain relief from certain taxes and duty by contacting the Italian Ministry of Industry. With reference to the value added tax (IVA) which became effective in Italy on 1 January 1973, Article 72 of the IVA implementing decree authorizes an exemption from the total accumulated amount of IVA tax on all goods supplied and services rendered to U. S. military commands, provided, however, that the United States of America shall not be liable for the interest on any such sums accruing to the Contractor under such agreement because of delay or failure on the part of the Italian Government to pay such refunds.

(b) Use of AE 302 forms is hereby authorized. The purpose of the AE 302 procedure is to obtain exemption from taxes and custom duties which the U. S. Government and Government of Italy have agreed shall not be applicable to defense purchases by or on behalf of the U. S. Forces in Italy. Signature on the AE 302 form by an authorized U. S.

official only represents certification that the goods and materials imported into Italy are solely for the use of the U. S.

Forces; this signature does not and is not intended to alter the other terms and conditions of this contract, including the terms concerning transfer of title of the goods and materials. USE OF THE AE 302 PROCEDURES SHALL NOT BE

Price contained in the bids are exclusive of all taxes and duties which the U. S. Government is exempted from by virtue of any tax agreements between the U. S. Government and the Contractor's Government. Relief from Italian taxes and duties for the Prime Contractor only is provided in accordance with an Agreement of 5 March 1952 between the Government of the United States of America and Italy. The Contractor's obligation to pay the tax or duty is not removed by the Agreement; however, the Contractor may obtain relief from certain taxes and duty by contacting the Italian Ministry of Industry. With reference to the value added tax (IVA) which became effective in Italy on 1 January 1973, Article 72 of the IVA implementing decree authorizes an exemption from the total accumulated amount of IVA tax on all goods supplied and services rendered to U. S. military commands, provided, however, that the United States of America shall not be liable for the interest on any such sums accruing to the Contractor under such agreement because of delay or failure on the part of the Italian Government to pay such refunds.

(b) Use of AE 302 forms is hereby authorized. The purpose of the AE 302 procedure is to obtain exemption from taxes and custom duties which the U. S. Government and Government of Italy have agreed shall not be applicable to defense purchases by or on behalf of the U. S. Forces in Italy. Signature on the AE 302 form by an authorized U. S.

official only represents certification that the goods and materials imported into Italy are solely for the use of the U. S.

Forces; this signature does not and is not intended to alter the other terms and conditions of this contract, including the terms concerning transfer of title of the goods and materials. USE OF THE AE 302 PROCEDURES SHALL NOT BE

The following have been deleted:

52.232-10 Payments under Fixed-Price Architect-Engineer Contracts APR 2010

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

ANTI MAFIA

ANTI-MAFIA LAW

a. Pre-Award Effect of Anti-Mafia Procedures

Inasmuch as the work of this solicitation is to be performed on land owned by the Italian State, the prospective contractor will be subject to Italian Law No. 646, of 13 September 1982, and subsequent integrations and amendments. The solicitation data will be made available only to firms that meet the related submittal requirements below in paragraph "Submittals". As such, in the event that prior to award any disciplinary actions or proceedings for Mafia related matters exist against the apparent successful offeror, no award will be made to said successful offeror.

b. Termination Under Italian Law No. 646 (Anti-Mafia). If during the life of this contract, any proceeding or disciplinary actions contemplated by Italian Law No. 646 of 13 September 1982 (and subsequent amendments and integrations) is undertaken against any component of the Contractor or any Subcontractor, the Government can consider this a failure to execute the work and terminate the contractor's right to proceed with the work under the "Default" clause of this contract.

c. Contractor shall submit the following:

1. If available, the offeror’s Certificato di Iscrizione alla Camera di Commercio (applicable to Italian offerors)

– Original, unexpired and not older than SIX (6) months at the date of proposal submission of the Chamber of Commerce Certificate of Membership (Certificato di Iscrizione alla Camera di Commercio) inclusive of the anti mafia nulla osta statement reading: "Nulla osta ai fini dell'articolo 67 del Decreto Legislativo n. 159 del 6 settembre 2011 (gia Art 10 della legge 31 maggio 1965, n. 575) e successive modificazioni. La presente certificazione è emessa dalla C.C.I.A.A. utilizzando il collegamento telematico con il sistema informativo utilizzato dalla prefettura di Roma" or any similar statement having the same scope as provided for by applicable Laws.

If the offeror has attempted and is unable to obtain the certificate from the Chamber of Commerce that includes the Anti-Mafia Nulla Osta statement, include an explanation why not along with official correspondence from the Chamber of Commerce, if available. This documentation is to be included in your Price Proposal.

2. If available, the Chamber of Commerce Certificate mentioned in Paragraph 1 above for each of its subcontractors.

If the offeror has attempted and is unable to obtain the certificate from the Chamber of Commerce that includes the Anti-Mafia Nulla Osta statement for its subcontractors, include an explanation why not along with official correspondence from the Chamber of Commerce, if available. This documentation is to be included in your Price Proposal.

(End of Summary of Changes)