SPE600-14-R-0514_Amendment_0002.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO.

See Block 14

4. REQUISITION/PURCHASE REQ. NO.

GERMANY WEST

5. PROJECT NO. (If applicable)

6. ISSUED BY CODE SPE600 7. ADMINISTERED BY (If other than Item 6) CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

CODE FACILITY CODE

SPE60014R0514

X

2014 SEP 08

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

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 OffersX X is extended, is not extended.

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.

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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:

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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:

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to issuing office.

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

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)

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

16B. UNITED STATES OF AMERICA15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

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

(a) By completing Items 8 and 15, and returning

DLA ENERGY

8725 JOHN J KINGMAN RD STE 4950

FT BELVOIR VA 22060-6222

USA

15C. DATE SIGNED 16C. DATE SIGNED

D. OTHER (Specify type of modification and authority)

22 OCT 2014

3. EFFECTIVE DATE

Opening/Closing Date Changed to:

2014 SEP 08 / 2014 NOV 12

TIME 9:00 AM

See Attached Continuation Sheet(s).

(X)

CHECK ONE

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9A. AMENDMENT OF SOLICITATION NO.

9B. DATED (SEE ITEM 11)

13. THIS APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

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This amendment is hereby issued to extend the closing date of the solicitation, provide responses to offerors questions submitted under the Germany West Solicitation (SP0600-14-R-0514), update FAR clause 52.204-9000 Contractor Personnel Security Requirements (AUG 2014) and make changes to Appendiz F of the Performance Work Statement as follows:

1. The closing date of the solicitation is hereby extended from October 28, 2014 to November 12, 2014 at 9:00am Fort Belvoir, VA time.

Q1. Will the Government please define in more detail the European (German) requirements for the commercial driver’s license (particularly for driving fuel vehicles on base and over-the-road), Agreement on Dangerous Goods by Road (ADR), First Aid, medical certification, and other qualifications?

A1. This is a Host Nation (HN) requirement as refuel vehicles are Host Nation Registered. AR-55-4 defines driving requirements on military installations, but since these vehicles are not US GOVT, but HN registered, HN laws are applicable. It is the responsibility of the Contractor to meet HN Laws and Installation REG, SOPs or Policies in order to operate in said country.

Q2. Reference PWS paragraph C-5.5, Safety: Does the Government require the contractor purchase the Explosive Protective Document for the Local National workers from the DIN Standard organization or does a Quality/Safety Plan aligned with the Explosive Protective Document suffice?

A2. DLA will supply the Explosive Protective Document. The Contractor is required to maintain and update as required. The Contractor’s Plans must be aligned with USAG Policy and Regulation.

Q3. Reference PWS paragraph C-3.4 d-g, Aviation Fuel Operations: Will the Government please give details on the specific requirements for the Radios to ensure the correct models that are programmable and work with German frequencies are purchased?

A3. Radios will meet HN frequency and compatible to Flight Operations. Prior to purchasing radio’s, Contractor will meet with COR and U'R G3 for specifications and if Radios are required.

Q4. Does the Government/DLA-E provide TM/BLSA training?

A4. DLA Energy will provide training to both the TM/BLSA under this contract. DLA Energy will only fund the transportation and lodging (all other expenses are the responsibility of the contractor). Additionally DLA Energy will "ONLY" fund the initial TM/BLSA selected for employment under this contract. DLA will provide a one-time training opportunity by location. If that individual departs, then the Contractor is responsible for ensuring training is completed or be non-compliant. Training is only done in Atlanta Georgia, not on-line.

Q5. Will the Government please define in more detail the ADR certification requirements and frequencies for testing the refueling units and tanks to meet German law? It is our understanding that there are numerous inspection and testing requirements that each refueling unit must undergo by a certified commercial testing facility to obtain and maintain ADR certification to operate on or off the installation.

A5. This is the responsibility of the Contractor in order to operate in country. HN Laws must be adhered

to. Vehicles are HN registered and require TuV Inspection, as they contain and transport HAZMAT, ADR HN Law requires inspection. Frequency varies per region; Contractor is responsible to meet HN Laws.

Q6. Per 252.222-7002 “Compliance with Local Labor Laws” and considering the type of jobs under this contract do not qualify under Article 72 and 73 of the NATO Status of Forces Supplementary Agreement. Will DLA-E/USAREUR provide and exemption under this contract to eliminate the significant payroll and social taxes levied on US and German employees performing these services in Germany?

A6. DLA does not provide exemptions for German employees. Some contractor employees may be exempt from paying income tax, but DLA does not make that evaluation for a contractor. Please consult with your legal

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SPE60014R0514-0002

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counsel or subject matter experts for guidance on whether employees would be exempt.

Q7. Per 52.229-06 C(i) “Taxes-Foreign Fixed-Price Contracts” and considering the contractor needs to register as a German entity pursuant to 252.222-7002 and possesses title of all capital equipment purchased under this contract, will DLA-E/USAREUR provide an exemption for all VAT and income taxes incurred under this contract?

A7. DLA does not provide exemptions for taxes for procurements. The contractor should comply with FAR 52.229-06 TAXES FOREIGN FIXED-PRICE CONTRACTS and Local Clause K-0003-K86 FOREIGN TAXES when submitting an offer. Please consult with your own legal counsel or subject matter experts for guidance on whether contractor's activities would be exempt from the VAT. The Agency will provide the standard forms necessary for the contractor to claim exempt from the VAT upon request.

Q8. To secure a CAC in Germany and IAW AR Reg 25-2, AE Reg 25-2, and AE 604-1, all applicants (Foreign National and Local National) must be screened through the Local National Screening Program (LNSP), which requires all applicants to reside in Germany for 12 consecutive months to qualify under LNSP. Will DLA-E/USAEUR provide an exemption from the LNSP 12 month residency requirement under this contract?

A8. DLA has no authority to waive requirements. This is a requirement agreed upon between the US Government and HN. Individuals must meet the requirements in appropriate regulations to work on Military Installations.

Q9. Reference PWS paragraph C-3.4.4 – does the 20-minute response time limit also apply to off-road servicing requirements?

A9. This requirement does not apply under the Germany West contract.

Q10. Reference PWS Appendix E - the Government Furnished Equipment (GFE) lists appears incomplete. Please clarify the GFE for each site.

A10. Refer to PWS Paragraph C-5.10.2, furniture will be inventoried and signed for by Contractor. Majority of GFE is office equipment, keys, computers and printer.

Q11. Reference PWS Appendix E - many of the tables contained in this Appendix repeat the same information in multiple columns; for example the table for the Miesau location repeats the product type, facility/tank number, and capacity information in the Services Provided section. This same error occurs in several other locations. Please clarify.

A11. Appendix E is correct as listed. For the sake of clarity the information is further repeated for each location under the solicitation.

Q12. Reference PWS Appendix F - The sixth paragraph makes reference to personnel qualifications in the case of substitutions. The paragraph states that qualifications must be "greater than or equal to" the person’s replaced." This would seem to indicate that if the outgoing person should happen to have qualifications that exceed PWS requirements; the incoming person would also have to exceed these requirements. For example, with respect to the TM position, the PWS requires, among other qualifications, a minimum of 6 years experience.

Suppose our TM has 10 years experience - would a replacement TM also require 10 years experience to satisfy the requirements of this paragraph? Would the Government consider changing this paragraph to read "All proposed replacement personnel shall have qualifications that are equal to or greater than the qualifications specified in the PWS for the position filled”?

A12. The Performance Work Statement has been changed. Please reference the changes to Appendix F as stated below.

2. FAR clause 52.204-9000 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS (AUG 2014) is hereby updated and incorporated by reference into the solicitation.

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3. Appendix F paragraph six (6) of the Performance Work Statement is changed to read as follows: All proposed substitutes (no matter when they are proposed during the performance period) shall have qualifications that are equal to or greater than the qualifications referenced in the Key Personnel section of Appendix F of the Performance Work Statement.

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