Amendment_001.pdf

ACQR3911316

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

N33191-16-R-1033 Amendment 001

See continuation page

1. CONTRACT ID CODE PAGE OF PAGES

1 12

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

16C. DATE SIGNED

BY 02-May-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 N33191-16-R-1033

X 9B. DATED (SEE ITEM 11)

16-Mar-2016

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

02-May-2016

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:

N33191-16-R-1033

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 001

The purpose of Amendment 0001 is as follows:

1. Provide Government responses to three (3) Pre-Proposal Inquiries.

2. Change language in section J-200000-05

1. PRE-PROPOSAL INQUIRIES:

Question 1: "The two letters of reference" required for the evaluation can be given only by a Bank or they can be issued by an Insurance Broker? And also, "The Bank Guarantee" can be replaced with an Insurance Policy?

Answer to Question 1: The two letters of reference that are required [Section M - page 34 and page 37 can be provided by credit institutions or insurance brokers. Page 37 specifically states "credit institutions or authorized brokers." ]

Question 2: Does a reference from an insurance broker and a guarantee from an insurance policy count as the same thing?

Answer to Question 2: A reference from an authorized broker is not the same thing as a guarantee from an insurance policy. A reference is a statement attesting that the contractor has the financial strength to perform the contract.

As a result of reviewing this question there is no objection from the U.S. Government to replace the bank guarantee with an insurance policy. The policy would have to be written so that it would pay out in the same way as the bank guarantee. The insurance policy would have to have NAVFAC EURAFSWA as the named insured, to be used instead of a bank guarantee. The insurance policy would be subject to review and approval by the contracting officer.

Question 3: Does the contractor have to submit the bank guarantee with the proposal?

Answer to Question 3: No, the contractor has to provide the two letters of reference and signed bank guarantee acknowledgment form. The bank guarantee itself will be provided by contractor after award of the contract.

2. Change language in section J-200000-05

In section J-200000-05 autonomous bank guarantee payable on first written demand, article 1 has a statement that reads:

“The CLIENT agrees that excussion will occur only in case of contract termination due to the SUPPLIER’s failure as per article 16 of the Contract.”

This statement is changed to read:

“The CLIENT agrees that excussion will occur only in case of contract termination due to the SUPPLIER’s failure as per article 18 of the Contract.”

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

The following have been modified:

LIST OF ATTACHMENTS

Section J – List of Documents, Exhibits and Other Attachments

LIST OF ATTACHMENTS

ATTACHMENT NUMBER ATTACHMENT TITLE

J-200000-01 Definitions and Acronyms J-200000-02 Estimated Electrical Consumption J-200000-03 Form D J-200000-04 Firm Fixed Price Form J-200000-05 Bank Guarantee J-200000-06 Bank Guarantee Acknowledgement J-200000-07 Regulated Charges Information J-200000-08 Historical Data Files

J‐200000‐01 Definitions and Acronyms

Definition Description Activation Date The start date of delivery under this contract with respect to a single service.

ADR Alternative Dispute Resolution ANRE Romanian Energy Regulatory Authority Client The U.S. Department of Defense (DoD), limited to US Navy.

Contracting Officer

(KO)

That individual with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer.

Contractor That entity or its representative responsible for the delivery of the services or materials specified in this contract, as designated by contract award. The term Contractor as used herein refers to both the prime Contractor and any subcontractors. The prime Contractor shall insure that subcontractors comply with the provision of this contract.

Distributor The Entity running the electrical distribution and metering activity as per concession set by Romanian Law.

Government The Government of the United States of America (U.S.)

IBAN International Bank Account Number Multi-Site Customer A single customer having at least three different delivery points to be supplied and invoiced separately.

NAVFAC

EURAFSWA

Naval Facilities Engineering Command Europe Africa South West Asia NAVFAC is a US Government organization and is authorized to execute electrical utility contracts for the US forces in Italy.

Offeror A company (Vendor) that submits a proposal.

Parties The Client and the Contractor.

Regulated tariff for the distribution and measure

The tariff for the service distribution and is set by the Authority, with provisions of the Act regulating the quality and pricing of distribution services and electrical measurement and the regulation of rates of distribution services and electrical measurement and differentiated tariff areas.

RFP Request for Proposal.

Seller An entity authorized to sell electricity.

SF Standard Form; this acronym is followed by a number identifying what contract action the form is intended for.

Termination date of contract

The date corresponding to the end of the contract and coinciding with the date of termination supply of all users in contract.

TET Technical Evaluation Team that receives accepts and evaluates the technical offers for the Government.

Transporter The operator that regulates the transport system and dispatching.

J‐200000‐02 Estimated Electrical Consumption

# Time of Use Period Annual Quantity

Quantity Unit

1 July, 2016 799441 kWh 2 August, 2016 808127 kWh 3 September, 2016 787971 kWh 4 October, 2016 819682 kWh 5 November, 2016 1097091 kWh 6 December, 2016 1272163 kWh 7 January, 2017 1426882 kWh 8 February, 2017 1298105 kWh 9 March, 2017 1168715 kWh

10 April, 2017 1013280 kWh 11 May, 2017 892846 kWh 12 June, 2017 844255 kWh 13 July, 2017 876863 kWh 14 August, 2017 885707 kWh 15 September, 2017 861780 kWh 16 October, 2017 898377 kWh 17 November, 2017 1199944 kWh 18 December, 2017 1388675 kWh 19 January, 2018 1560655 kWh 20 February, 2018 1417015 kWh 21 March, 2018 1273195 kWh 22 April, 2018 1106290 kWh 23 May, 2018 972803 kWh 24 June, 2018 917983 kWh

Account number: RO39RNCB0607111320680001

J‐200000‐03

Form D

Experience Providing Electric Supply to 3 Retail Customers of at least 15 GWh/yr. for each Customer

List of customers (calendar year 2014 and/or 2015)

Retail

Customer

Supply Period

[12 months

MM/YYYY‐

MM/YYYY]

Total Electricity

Supplied

[ GWh/yr]

Point of Contact name, number, email address

Signature and Corporation stamp Date

J‐200000‐04

# Calendar Months* Quantity Quantity Unit

Supply Offer Price in lei/kWh

Total EstimatedCost

1 July, 2016 799441 kWh 0.00 lei 2 August, 2016 808127 kWh 0.00 lei 3 September, 2016 787971 kWh 0.00 lei 4 October, 2016 819682 kWh 0.00 lei 5 November, 2016 1097091 kWh 0.00 lei 6 December, 2016 1272163 kWh 0.00 lei 7 January, 2017 1426882 kWh 0.00 lei 8 February, 2017 1298105 kWh 0.00 lei 9 March, 2017 1168715 kWh 0.00 lei 10 April, 2017 1013280 kWh 0.00 lei 11 May, 2017 892846 kWh 0.00 lei 12 June, 2017 844255 kWh 0.00 lei 13 July, 2017 876863 kWh 0.00 lei 14 August, 2017 885707 kWh 0.00 lei 15 September, 2017 861780 kWh 0.00 lei 16 October, 2017 898377 kWh 0.00 lei 17 November, 2017 1199944 kWh 0.00 lei 18 December, 2017 1388675 kWh 0.00 lei 19 January, 2018 1560655 kWh 0.00 lei 20 February, 2018 1417015 kWh 0.00 lei 21 March, 2018 1273195 kWh 0.00 lei 22 April, 2018 1106290 kWh 0.00 lei 23 May, 2018 972803 kWh 0.00 lei 24 June, 2018 917983 kWh 0.00 lei

Total Evaluation Usage 25587845 kWh Total Supply Cost 0.00 lei

N A

V F

A C

E U

R S

W A

C on tr ac to r

J‐200000‐05

AUTONOMOUS BANK GUARANTEE PAYABLE ON FIRST WRITTEN

DEMAND

Attn:

Commanding Officer, NAVFAC EURAFSWA Viale Porto Box 51 – Aeroporto Capodichino 80144 Napoli, ITALIA

Subject: AUTONOMOUS BANK GUARANTEE PAYABLE ON FIRST WRITTEN DEMAND

The underwritten Bank (hereafter the BANK), with legal seat in , fiscal code

, VAT , Chamber of Commerce registration No , Branch of , here represented by its Bank Manager Mr , born in on , holding the necessary powers to issue an executable bank guarantee payable on first written demand (hereafter the GUARANTEE) in favour of the Naval Facilities Engineering Command Europe Africa South West Asia (NAVFAC EURAFSWA) and to meet the related obligations as mutually agreed assuming that

a) NAVFAC EURAFSWA with legal seat in Viale Porto Box 51 – Aeroporto Capodichino 80144 Napoli Italia, VAT/FC N, 80156020630 (hereafter the CLIENT), and with legal seat in , fiscal code , VAT , Chamber of Commerce registration no. , (hereafter the SUPPLIER), have agreed to sign a contract which provides for the SUPPLIER to deliver electric energy to the CLIENT starting from July 1, 2016 through June 30, 2018;

b) as suspension clause for contract efficacy the SUPPLIER must give the CLIENT a bank guarantee payable on first written demand issued by a primary Romanian bank, valid through

24.00 hours of the last day of the contract, the text of which guarantee is that provided by the

CLIENT;

c) in case of unilateral termination of the contract it is agreed that the GUARANTEE should be valid through 24.00 hours of the last contract day, independently of the termination day;

Considering all the above assumptions a fundamental part of GUARANTEE obligations, the BANK as here represented agrees to meet the following obligations towards the

CLIENT:

ART. 1 OBLIGATIONS

On behalf of the SUPPLIER the BANK irrevocably and unconditionally guarantees the CLIENT up to a maximum amount of 760,000.00 Romanian new Lei (RON), including capital, VAT, duties and taxes, accessories, and other CLIENT’s requests, assuming autonomous obligation of guarantee towards the CLIENT in the agreed terms.

The present bank guarantee covers the electric energy supply which the Supplier is to deliver the Client from July 1, 2016.

Therefore the BANK shall pay the amount requested up to the agreed maximum on the CLIENT’s first written demand. The payment will be made to the CLIENT’s bank account and following the CLIENT’s crediting directions within five working days from receiving the demand. The demand shall be mailed as Registered R.R. or telegram.

The BANK will renounce all exceptions, oppositions, actions, claims for whatever reason by the SUPPLIER or third parties, including actions concerning contract validity and efficacy or should a liquidation procedure be applied for the SUPPLIER. In any case there shall be no charges, expenses or formalities for the

CLIENT.

The CLIENT agrees that excussion will occur only in case of contract termination due to the SUPPLIER’s failure as per article 18 of the Contract.

Should the term of five working days be delayed, the CLIENT will be granted an interest rate calculated according to Romanian Law until the payment is effective without any further actions.

ART. 2 PARTIAL EXCUSSION; CESSION OF GUARANTEE RIGHTS

In case of partial exclusion of the amount fixed in art.1, the BANK’s obligation shall not change for the remaining amount.

In no case shall the BANK reduce the GUARANTEE amount (art.1) which is fixed until the deadline as fixed in art.3.

Should the CLIENT transfer his contract the BANK’s obligation will not change provided that the BANK is notified of such cession by both parties not later than on the date of exclusion on the first written demand.

ART. 3 DURATION AND VALIDITY OF THE GUARANTEE; TERMINATION

The GUARANTEE is valid and effective through the last contract day, June 30, 2018.

In case of unilateral termination of the contract (see letter c), the GUARANTEE will terminate the last day of validity of the original contract independently of the date on which the termination becomes effective. The same provision applies to any other form of contract resolution before the original terms.

The BANK agrees that the GUARANTEE shall not be revoked for any reason whatsoever nor shall the BANK unilaterally terminate the GUARANTEE before the agreed deadline.

ART. 4 COMMUNICATIONS

All communications on the subject of the GUARANTEE should be mailed to:

BANK: …., …………, ………….…, Fax ……………………., Attention of

NAVFAC: NAVFAC EURAFSWA, Viale Porto Box 51 – Aeroporto Capodichino 80144 Napoli Italia, Fax

+390815685517, Attention of Paul Heavey (Contracting Officer)

ART. 5 EXCLUSIVE LEGAL JURISDICTION

Any disputes which should arise concerning the GUARANTEE will fall under the exclusive legal jurisdiction of the appropriate Romanian Court.

Signature the BANK

The BANK approves the terms and conditions of the present GUARANTEE with reference to the above articles no.1-3-5.

Signature the BANK

J‐200000‐06

Bank Guarantee Acknowledgement

Bank Guarantee through Contract Term

Line

Item Pertinent Area Bank Guarantee Amount

US Military Installation, Naval Support

Facility Deveselu, Romania 760,000.00 lei

Signature and Corporation stamp

J‐200000‐07 Regulated Charges Information

For regulated charges that are to be invoiced identify the reference name and date that indicates the basis for the charge. Note how the charge is administered such as indicating the unit that it is based on (e.g., monthly kWh). Use the “Regulated Charges Reference” table below as part of the non-price submission.

Regulated Charges Information

Name or Description of Charges

Reference Name and Date (such as CEZ distribution Tariff - 1/1/2016)

Specify Current Rate and Units (e.g.

lei/kWh, lei/kW, lei//day, etc.)

Notes or Additional Explanation

J‐200000‐08

See External Documents.

(End of Summary of Changes)