19R0404_MWD_Amend_0004.pdf

ACQR5613515

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

N3319119R0404 D-B Construct Military Working Dog (MWD) Facility, Plovdiv, Bulgaria

1. CONTRACT ID CODE PAGE OF PAGES

J 1 3

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

16C. DATE SIGNED

BY 10-Apr-2019

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 N3319119R0404

X 9B. DATED (SEE ITEM 11)

13-Mar-2019

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

10-Apr-2019

CODE

NAVFAC EUROPE AFRICA SOUTHWEST ASIA

VIALE PORTO CAPODICHINO

NAPOLI 80144

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N3319119R0404

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:

SUMMARY OF CHANGES

The purpose of this modification is to respond to Pre-Proposal Inquiries.

PRE-PROSAL INQUIRY 016

Reference: N3319119R0404, Amendment 0001 D-B Construct Military Working Dog (MWD) Facility, Plovdiv, Bulgaria Reference: The very first paragraph of the PTS, page 37 We know what Amendment 0001 says regarding the change requiring INCLUSION OF VAT in our prices, but this is the first time I have seen a VAT inclusion as a contract requirement in a SOFA country like Bulgaria and Romania, so I'm really surprised to see this requirement for the first time. This is also the first time I’ve seen this in a NAVFAC solicitation.

The very first paragraph of the PTS, page 37, states:

1 TAXATION

In accordance with an agreement between the Government of the UNITED STATES OF AMERICA and the Government of BULGARIA on Defense Cooperation, the contract is exempt from Value- Added Taxes (VAT). The Contractor shall be responsible to prepare and process all required documentation to obtain the VAT exception from the Government of Bulgaria. For this reason, the Contractor shall work directly with the corresponding authorities from Bulgaria, US Forces and the US Embassy.

This is a very important issue about which we must be quite clear when we construct our project pricing.

QUESTION 1: Please confirm that the Amendment 0001 changes to the VAT requirement is the new rule and not a mistake.

QUESTION 2: Is the reason for the Amendment 0001 change because the agreement between the US Government and the Republic of Bulgaria has been changed? or is this a “one-off” change?

PRE-PROSAL INQUIRY RESPONSE 016

Question 1) Yes, Amendment 0001 Number 4. changed the PTS language as follows:

Delete:

In accordance with an agreement between the Government of the United States of America and the Government of Bulgaria on defense Cooperation, the contract is exempt from Value-Added Taxes (VAT). The contractor shall be responsible to prepare and process all required documentation to obtain the VAT exception from the Government of

N3319119R0404

Bulgaria. For this reason, the contractor shall work directly with the corresponding authorities from Bulgaria, US Forces and the US Embassy.

Replace with:

This contract is not subject to tax exemption. The contractor shall pay all applicable taxes and fees applicable to this construction contract.

Therefore, as Amendment 0001 Number 2. states “The offeror MUST fill in the dollar amount for Contract Line item Number (CLIN) 0001 and CLIN 0002 on Section 00010 of the SF 1442 in the total amount to complete the construction for each CLIN including the tax stated in DFARS 252.229-7001 (VAT tax).

Question 2) This office is only able to answer this question in regards to the specifics of this solicitation. Please see the response to Question 1 above.

(End of Summary of Changes)