Amendment 0003.pdf

1. CONTRACT ID CODE PAGE OF PAGES

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 2

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

0003 15 September 2011 SP0600-11-0572

6. ISSUED BY CODE SP0600 7. ADMINISTERED BY (If other than Item 6)

CODE SP0600

DEFENSE LOGISTICS AGENCY - ENERGY

1014 BILLY MITCHELL BLVD., SUITE 128, BLDG 1621

SAN ANTONIO, TEXAS 78226

CONTRACT SPECIALIST: MARCUS EVANS (210) 925-

SEE BLOCK 6

8. NAME AND ADDRESS OF CONTRACTOR (No. Street, county, State and ZIP: Code) (x)) 9A. AMENDMENT OF SOLICITATION NO.

SP0600-11-R-0339

9B. DATED (SEE ITEM 11)

1 September 2011

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers 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 one (1) copy 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 DATA 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 data 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 1

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

copies to the issuing office.

SEE CONTINUATION PAGE 2 OF 2

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

Betty J. Hoge Contracting Officer

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

(Signature of person authorized to sign)

BY _____________________________________________

(Signature of Contracting Officer)

NSN 7540-01-152-8070 30-105 STANDARD FORM 30 (REV. 10-83)

PREVIOUS EDITION UNUSABLE Computer Generated Prescribed by GSA FAR (48 CFR) 53.42

AMENDMENT 0003 PAGE 2 OF 2

SP0600-11-R-0339

CONTINUED FROM PAGE 1 BLOCK 14

A. This amendment is issued to provide all potential offerors with one question received from industry as well as the answer that is provided to the questioner. The date and time for receipt of initial offers is not extended.

1. INDUSTRY QUESTION

: The subject solicitation does NOT contain a “Buy American Act” clause. When you removed the Trade Agreements Act clause, the Buy American Act then became applicable to these requirements. I suggest that you add DFARS clause 252.225-7001 and its certificate clause 252.225.7000 to the solicitation by amendment.

GOVERNMENT ANSWER

: FAR 25.100(b) addresses the Buy American Act (BAA) and states that it applies to supplies acquired for use in the United States. The ISOs we are procuring under this solicitation are for use in Afghanistan, not the US. With regard to the Trade Agreements Act (TAA), FAR 25.401 states that none of subpart

25.4 applies to acquisitions set aside for small businesses. That covers all of the programs in the scope of subpart 25.4, including TAA and WTO GPA. As such, neither BAA nor TAA apply to Solicitation SP0600-11-R-0339.