W52P1J15R0195-0003.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. Contract ID Code Page Of

2. Amendment/Modification No.

3. Effective Date

4. Requisition/Purchase Req No.

5. Project No. (If applicable)

6. Issued By Code 7. Administered By (If other than Item 6) Code

8. Name And Address Of Contractor (No., Street, City, County, State and Zip Code)

9A. Amendment Of Solicitation No.

9B. Dated (See Item 11)

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 ____________ copies of the amendments: (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 ONLY APPLIES TO MODIFICATIONS OF CONTRACTS/ORDERS

It Modifies The Contract/Order No. As Described In Item 14.

A. This Change Order is Issued Pursuant To: 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 data, 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.)

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)

16A. Name And Title Of Contracting Officer (Type or print)

15B. Contractor/Offeror 15C. Date Signed 16B. United States Of America 16C. Date Signed

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

NSN 7540-01-152-8070

PREVIOUS EDITIONS UNUSABLE

30-105-02 STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

SEE SCHEDULE

X

Cost Plus Fixed Fee

0003 2016JAN07

W52P1J

ARMY CONTRACTING COMMAND - RI

ROCK ISLAND, IL 61299-8000

BLDGS 60 & 62

NICHOLE SEGURA

EMAIL: NICHOLE.M.SEGURA.CIV@MAIL.MIL

W52P1J-15-R-0195

2015DEC17

X

X

/SIGNED/

2 signed

SEE SECOND PAGE FOR DESCRIPTION

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CONTINUATION SHEET

Reference No. of Document Being Continued Page of

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SECTION A - SUPPLEMENTAL INFORMATION

Buyer Name: NICHOLE SEGURA

Buyer Office Symbol/Telephone Number: CCRC-FM/(309)782-0517

Type of Contract 1: Cost Plus Fixed Fee

Type of Contract 2: Cost No Fee

Kind of Contract: Service Contracts

*** End of Narrative A0000 ***

1. The purpose of Amendment 0003 to Solicitation W52P1J-15-R-0195 is to:

a. Clarify the Technical Expert Status Accreditation (TESA) Outside the Continental United States (OCONUS) Allowance Other Direct

Costs (ODCs) CLINs 0006AC and 0006BB.

Assuming TESA is approved, for proposal purposes, the ODC funding is for the TESA employee's travel, household goods shipment, miscellaneous expenses (i.e. Passports), and Living Quarters Allowance (LQA), if required and approved by the PCO (Offerors should refer to the Department of State Standardized Regulations (DSSR) Section 031.12 for LQA eligibility which provides rationale for providing an LQA for CONUS-hired employees). Please note that all ODCs are subject to the requirements found in

Attachment 0009 Purchasing and Invoicing Guide, as well as PCO approval.

b. Add Clause 5352.225-9102 Submission of Offers for Contracts to be Performed in the Federal Republic of Germany (USAFE) SEP 2002

c. Add Clause 5352.225-9103 Contracts to be Performed in the Federal Republic of Germany (USAFE) SEP 2002

2. All other terms and conditions of the Solicitation remain unchanged.

*** END OF NARRATIVE A0003 ***

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W52P1J-15-R-0195 0003

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SECTION I - CONTRACT CLAUSES

5352.225-9102 SUBMISSION OF OFFERS FOR CONTRACTS TO BE PERFORMED IN THE FEDERAL REPUBLIC OF GERMANY (USAFE) (SEP 2002)

This contract may require the performance of services in the Federal Republic of Germany (Germany).

(a) In accordance with the Exchange of Notes (Dated 27 Mar 98) in implementation of Articles 72 and 73 of the German Supplementary

Agreement (SA) to NATO Status of Forces Agreement (SOFA), Non-German citizens of a North Atlantic Treaty Organization (NATO) member country who perform services on Government contracts shall not start work in Germany without one of the following:

(1) Technical Expert Status (TES) accreditation

(2) Troop Care Status (TCS) accreditation

(3) German work permit or compliance with European Union member nation exchange laws and regulations

(4) Certificates of limited tax liability and a German work permit

(5) Exemption from German work permit ("fax back")

(b) Technical Expert Status (TES) accreditation. The contractor employee has been granted TES accreditation from the German authorities ____________________________________________ prior to commencing work in Germany.

(1) TES requires a twofold approval. After notification of a contract award with a request for TES, the German Government reviews the specific contract position descriptions for accreditation. Individual employees are then submitted for evaluation for TES. TES employees, filling an approved Technical Expert (TE) position are

(i) exempt from German income taxation unless tax liability is determined by German tax officials in accordance with Article X of the

NATO SOFA (its supplemental agreements and exchanges of notes), and

(ii) eligible, on the basis of this employment, for individual logistics support (ILS)

(iii) exempt from German work and residence permit requirements

(2) When seeking TES accreditation, the contractor shall submit a Contract Notification and TES application package IAW USAFEFARS

5325.10110 for all employees for which TES is sought.

(3) A 10-week temporary TES may be granted by the US Government for purposes of Military Exigency (ME).

(i) ME is granted solely for the purpose of permitting individual contract employees, who upon initial review of the application appear to meet the requirements of TES, to begin working in Germany prior to TES accreditation.

(ii) Contract employees working in Germany by means of an ME determination are

(A) exempt, on a provisional basis, from German income taxation unless tax liability is determined by German tax officials in accordance with Article X of the NATO SOFA (its supplemental agreements and exchanges of notes), and

(B) are eligible, on the basis of this employment, for ILS

(iii) To request ME, the contractor will submit IAW USAFE FARS 5325.10110 a Contract Notification and TES application package for any individual contract employees.

(iv) While working under ME authority, if the German Government denies the TES application for an individual employee; or denies

Technical Expert (TE) accreditation of the contractor employee's position or contract, then the contractor employee will be

(A) subject to German income taxation from the date work began in Germany, and

(B) are ineligible, on the basis of this employment, for ILS, and

(C) subject to German work and residence permit requirements; or

(c) Troop Care Status (TCS) accreditation. The contractor employee has been granted TCS accreditation from the German authorities prior ______________________________________ to commencing work in Germany.

(1) When seeking TCS accreditation, the contractor will submit a Contract Notification and TCS application package, IAW USAFEFARS

5325.10110, for all employees for which TCS is sought

(2) Table-1 lists the TC positions, (excluding the analytical support and information technology subsets), that may be considered for

TCS accreditation.

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Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

(3) Analytical Support is a subset of TC. Table-2 lists the only analytical support positions, with associated education and experience requirements, that may be considered for TCS accreditation.

(4) Information Technology Services is a subset of TC. Table-3 lists the only information technology positions, with associated education and experience requirements, that may be considered for TCS accreditation

(5) TCS accredited employees, filling an approved Troop Care (TC) position on a TC approved contract, are

(i) exempt from German income taxation unless tax liability is determined by German tax officials in accordance with Article X of the

NATO Status of Forces Agreement (its supplemental agreements and exchanges of notes), and

(ii) are eligible, on the basis of this employment, for individual logistics support (ILS); or

(d) German work permit. For contractor employees who do not qualify for TES/TCS, the contractor employee has been issued proper work ___________________ permits by the German authorities prior to the contractor employees commencing work in Germany.

(1) Individuals working in Germany by means of a work permit are

(i) subject to German income taxation, and

(ii) are ineligible, on the basis of this employment, for ILS

(2) The approval and application process for work permits is established by the German Government; or

(e) Certificates of limited tax liability and a German work permit. The contractor has ensured that contract employees have been issued _______________________________________________________________ certificates of limited tax liability and a work permit issued by the German authorities prior to the contractor employees commencing work in Germany. Contractor employees working in Germany under this arrangement are

(i) subject to German income taxation, and

(ii) are ineligible, on the basis of this employment, for ILS

(2) The approval and application process for work permits is established by the German Government; or

(f) Exemption from German work permit ("fax back"). The contractor has ensured that contract employees have issued an exemption from _______________________________________________ work permit, "fax back", by the German authorities prior to the contractor employees commencing work in Germany.

(1) Individuals working in Germany by means of a work permit exemption are

(i) exempt for no more than 90 calendar days per year (continuous or non-continuous), from German income taxation, and

(ii) are ineligible, on the basis of this employment, for ILS.

(2) The approval and application process for exemptions from work permits is established by the German Government.

(g) The contractor shall identify and submit a list to the contracting officer of all positions for which TES accreditation is sought and the applicable position description for each of the positions with the contractor's proposal/bid. The contractor shall only submit positions that meet the criteria set forth in Articles 72 and 73. In the event that any or all positions identified in the contractor's proposal are disapproved after contract award, the contract price shall not be subject to adjustment.

(h) The following is TES guidance from the Exchange of Notes (dated 27 Mar 98) implementing the Provisions of the German Supplementary

Agreement to the NATO SOFA (NATO SOFA SA). The German TES accreditation process is less objective than TCS. The following information extracted from the SA is provided only as a guide and is not to be interpreted as objective criteria.

(1) The following are examples of persons who are not technical experts:

(i) Administrative support and clerical personnel to include white collar employees in budgeting and accounting, general office workers, and hotel and billeting personnel;

(ii) Sales representatives and service technicians for non-military equipment such as telephones, fax machines and copy machines;

(iii) Automobile sales representatives;

(iv) Secretaries, clerk-typists, computer workstations operators, and draftsmen;

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Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

(v) Automotive, aircraft, electrical, and similar mechanics or technicians unless covered in (h)(2)(i), (ii), or (iv);

(vi) Electricians, plumbers, painters, masons, carpenters, and similar skilled workers;

(vii) Unskilled and semi-skilled workers to include warehouse workers, forklift operators, drivers, and helpers;

(viii) Customs control inspectors/specialists;

(ix) Supply clerks and technicians.

(2) For purposes of applying Article 73 of the NATO SOFA SA, the term "technical expert" shall refer to a person with a high degree of skill or knowledge for the accomplishment of complex tasks of a technical military nature, or of a technical scientific nature, as distinguished from routine mental, manual or physical processes. The skill and knowledge must have been acquired through a process of higher education, or through a long period of specialized training and experience. Personnel normally classified as blue collar shall not normally be considered to be technical experts, within the meaning of Article 73 of the NATO SOFA SA. The same is true for skilled workers, as well as for crafts and trades occupations. The following are examples of persons who maybe determined technical experts within the meaning of Article 73 of the NATO SOFA SA:

(i) Technicians responsible for complicated repairs, complicated re-engineering of equipment and components, or unprecedented and complicated application of the equipment if these technicians have specific knowledge clearly exceeding the knowledge conveyed within the scope of normal vocational training;

(ii) The top manager of a contract involving substantial use of technical experts within the meaning of Article 73 of the NATO SOFA SA and those directly subordinate managers responsible for technical as opposed to administrative functions;

(iii) Computer software engineers;

(iv) Technicians responsible for the maintenance of aircraft, combat vehicles and weapons systems and who must apply knowledge of combat applications of this equipment, this however not extending to routine maintenance;

(v) Former officers, whose technical military skill or technical military knowledge are required for the performance of their work in addition to their other technical skills. As a matter of exception, this shall also apply to former non-commissioned officers who, under military training conditions, work closely together with soldiers on equipment used for the simulation of tactical combat conditions.

Tables. Please see Tables 1, 2, and 3 in the Clause for the list of only TC positions that may be considered for TCS accreditation.

(End of Clause)

5352.225-9103 CONTRACTS TO BE PERFORMED IN THE FEDERAL REPUBLIC OF GERMANY (USAFE) (SEP 2002)

In accordance with the exchange of notes (dated 27 Mar 98) implementing the Provisions of the German Supplementary Agreement to the

North Atlantic Treaty Organization (NATO) Status of Forces Agreement (SOFA), US contractors performing Government service contracts in the Federal Republic of Germany (Germany) must obtain approval from the German authorities prior to performance, in Germany, of any contract positions with Non-German citizens of a NATO member country. Nationals of European Union member countries may be permitted to work in Germany in accordance with European Union exchange laws and regulations.

(a) Immediately after contract award, the contractor shall submit to the contracting officer in accordance with USAFEFARS 5325.10110 a

Contract Notification package. The contractor shall submit Technical Expert Status (TES)/ Troop Care Status (TCS) application packages for any employees for which TES/TCS accreditation is sought within three business days of the individual being hired.

(b) The documentation cited in paragraph (a) above shall be submitted through the contracting officer (or the contracting officer's appointed representative) to:

HQ USAFE/LGCK

Unit 3050, Box 110

APO AE 09094--0110

Fax Number: DSN 480-2025/9875;

Commercial 011-49-6371-47 2025/9875 e-mail: usafe.lgc.tes@ramstein.af.mil

HQ USAFE/LGCK will review all documentation for accuracy and content before packages are forwarded to the German authorities for approval consideration. The documentation will be returned through HQ USAFE/LGCK to the originator (contracting officer or the contracting officer's appointed representative) who will, in turn, inform the contractor of the results of the review.

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Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

(c) A 10-week temporary TES may be granted by the US Government for purposes of Military Exigency (ME). ME is granted solely for the purpose of permitting individual contract employees, who upon initial review of the application appear to meet the requirements of TES, to begin working in Germany prior to TES accreditation.

(d) The contractor shall notify the contracting officer within three days in writing of TES/TCS accredited employees no longer performing the approved TES/TCS accreditation duties or when an TES/TCS employee is no longer assigned to the position for which TES/TCS accreditation was granted.

(1) The contractor shall ensure that identification cards and/or other logistics support documents pertinent to, or peculiar to, TES are turned over to the issuing office upon termination or transfer of individual contractor employees. Within three days of completion, the contractor shall provide written proof to the contracting officer that all identification cards and other logistics support documents have been returned to the government.

(e) The contractor shall allow German government authorities to visit the contractor's work areas for the purpose of verifying the status of positions and personnel as Technical Expert (TE)/Troop Care (TC) employees. Such visits will not excuse the contractor from performance under this contract or result in increased costs to the Government.

(f) The contract price shall not be subject to an economic adjustment with regard to TES/TCS in the event that

(1) the contract and any or all positions identified in the contractor's proposal are disapproved for TES/TCS accreditation; or

(2) any or all positions submitted for TES/TCS consideration during the life of the contract are disapproved for TES/TCS accreditation;

or

(3) any or all contractor employees are denied TES/TCS; or

(4) TES/TCS accreditation is rescinded during the life of the contract.

(End of Clause)

*** END OF NARRATIVE I0001 ***

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