Amendment 0002.pdf

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

Please see the continuation page.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 9

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

16C. DATE SIGNED

BY 17-Dec-2020

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 W5J9JE21B0001

X 9B. DATED (SEE ITEM 11)

03-Dec-2020

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

17-Dec-2020

CODE

USACE TRANSATLANTIC AFGHANISTAN DISTRICT

CETAA-CT, USACE TAA HQ BAF, BAGRAM

APO AE 09354

W5J9JE 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W5J9JE21B0001

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been modified:

SCOPE OF WORK

STATEMENT OF WORK

US ARMY CORPS OF ENGINEERS AFGHANISTAN DISTIRCT

CENTCOM VEHICLE LEASE – DRAFT KUWAIT

Part 1 - General Information

1. General: This is a commercial service procurement to meet a recurring supply effort for ground transportation (vehicles). The vendor shall provide safe and operable vehicles at all times for U. S. Army Corps of Engineers (USACE), Transatlantic Division, Afghanistan District (TAA) personnel who are assigned to the Kuwait Area Office. The U.S. Government (USG) will not exercise any supervision or control over the vehicle providers.

1.1 Background: The intent of this acquisition is to award a Firm-Fixed-Price (FFP) Contract to provide safe and operational vehicles for USACE employees (military and civilian) stationed Outside the Continental United States (OCONUS) at locations within the U.S. Central Command (CENTCOM) Kuwait Area of Responsibility (AOR).

The vehicles shall comply with features and standards listed in Part 5.

1.2 Objectives: USACE – Transatlantic Afghanistan District requires the Contractor to supply vehicles that are safe and fully operational which includes but, is not limited to licensing; inspections; insurance; and as required, toll stickers; and any effort that is required to provide safe and operational vehicles.

1.3 Scope: This contract provides twenty-one (21) vehicles, to include necessary service, insurance, and fuel cards, for USACE personnel located within the CENTCOM AOR KUWAIT. Vehicle types and quantities are: 15 mid-sized sedans, 3 mid-sized SUVs, 1 full-sized SUV, and 2 full-sized Crew Cab trucks.

1.4 Period of Performance Duration: The intended contract duration for this requirement shall be 1 base year, anticipated to begin on or about 15 December, 2020, with one (1) year option period. Vehicles must be available within 2 days of award. A Government POC will be provided upon award. Delivery dates, times, and locations will be coordinated with the Government POC provided.

1.5. Quality/Insurance: The Contractor shall certify in writing in response to this PO request that the vehicles meet the requirements of the SOW; local laws; and are covered by a comprehensive insurance plan per included clause 52.228-08 and paragraph 4.3 of this document. Copies of the current vehicle registration and insurance shall be placed in the glove compartment of the respective vehicles provided.

1.5.1 Contractor Identification: Contractor personnel shall wear a Contractor-provided identification card at all times when interacting with USG personnel. Vehicles will not be accepted from Contractor personnel without proper identification.

1.5.2 Time and Place of Delivery: The contractor shall coordinate delivery with Contracting Officer’s Representative for the delivery of vehicles described in this SOW. The country covered under this Purchase Order is Kuwait with delivery within a 40 Kilometer radius of Kuwait City.

1.5.3 Safety: The Contractor shall provide safe and operational vehicles and vehicles shall be in accordance with this SOW.

A safe and operational vehicle is defined as a vehicle that has:

Completed all repairs required as a result of a collision; regardless of who is at fault or what collided with the vehicle;

All damaged, non-operating, or malfunctioning parts are replaced with parts meeting manufacturer specifications;

Periodic manufacturer recommended inspections and repairs;

All manufacturer installed safety items such as glass, seat belts, air bags, traction control are fully operational and within manufacturer specifications;

Maintenance that is not scheduled but is required to correct deficiencies and to restore the vehicle or equipment to a serviceable condition; and All recall work completed

1.5.4 Accident Notification: The Contractor will notify the identified Contracting Officer’s Representative (COR) as soon as practical, but not later than eight hours, after notification of an accident which meets the definition of, property damage equal to or greater than $2,000. Immediate notifications to the Contracting Officer (KO) and District/Division Safety Offices shall be made for all accidents noted in EM 385-1-1 paragraph 01-D-02, https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf . The Contractor shall ensure that recordable accident and property damage reports are complete and accurate.

1.6 Type of Contract: Firm Fixed Price.

1. 7 Post-award Conference/Periodic Meetings: The Contractor agrees to attend any post award conference and/or meeting convened, via telephone, by the KO in accordance with Federal Acquisition Regulation (FAR) Subpart 42.5 Post-award Orientation. The Contractor shall provide the minutes of the meeting to the COR within three business days of each meeting.

1.8 Contracting Officer Representative: The COR monitors technical requirements of the contract (see paragraph

5.2.10 of this document) and assists the KO with contract (purchase order) administration. The COR is authorized to perform the following functions: assure that the Contractor provides vehicles that meet the requirements of this SOW. There may be additional duties assigned to the COR which will be detailed in a letter of designation issued to the COR. A copy of which is sent to the Contractor, which may state the responsibilities and limitations of the COR, especially with regard to changes in price, estimates or changes in delivery dates, and locations for pick-up and swap-out of vehicles. The COR is not authorized to change any of the terms and conditions of the resulting order.

PART 2 - DEFINITIONS & ACRONYMS

2.1 DEFINITIONS:

2.1.2 Contractor: A supplier or vendor awarded a contract to provide specific supplies or service to the USG. The term used in this contract refers to the prime contractor.

2.1.3 Contracting Officer (KO): A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the USG. Note: The Contracting Officer is the only individual who can legally bind the USG.

2.1.4 Contracting Officer’s Representative (COR): An employee of the USG appointed by the KO to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract. A COR will be appointed for this PO.

2.1.5 Subcontractor: One that enters into a contract with a prime contractor. The USG does not have privity of contract with the subcontractor.

2.1.6 Work Day: The Contractor shall be available during normal working hours which is 0800 to 1630 hours daily. Additionally, an emergency POC shall be provided as required in paragraph 4.1 and available 24/7.

2.1.7 Work Week: - Sunday through Thursday, 0800 – 1630 hours, but may vary. Emergency service shall be available 7 days a week.

2.1.8 Fair Wear and Tear: The normal deterioration of items attributed to continuous usage. Fair wear and tear includes repair or replacement of all parts not resulting from abuse, accidents, criminal or hostile acts, or any event not at the fault of the USG. If it is determined by mutual agreement of both the contractor and COR/ACO that a tire failed due to willful negligence of the Government driver, the Government shall pay for the repair or replacement of the flat tire. Examples of fair wear and tear FW&T) include, but are not limited to, the following:

Equipment Fair Wear and Tear Standards

Safety Systems Any and all degradation/damage to safety systems.

Engine Components Any and all degradation/damage to all engine components including but not limited to serpentine belts, timing belts, suspension components, alternators, starters, and water pumps.

Undercarriage / Exhaust system Any and all damage/degradation to the undercarriage to include oil pans, mufflers and other components of the undercarriage and exhaust system.

Wheel / Tire / Tire Pressure Monitoring System (TPMS) Any and all damage/degradation to wheel, tire, and the

TPMS.

NTV Exterior

Dents/Dings equal to or less than 152.4 millimeters, (6 inches) up to 10 dents/dings. ** (Applies to entirety of vehicle excluding bumpers) ** Includes any removal/repair due to the application of decals.

Due to the austere environment, scratches will be evaluated on a case by case basis. Generally, scratches are considered fair wear and tear.

Any and all bumper damage.

Any and all damage to Running boards.

Vehicle Interior

Seat rips/tears equal to or less than 25.4 millimeters, (1 inch) up to 10 rips/tears. 10 rips/tears is considered to be part of normal duties/operation of vehicle. Any seat rips/tears on seams.

Soiled interiors with scratches on plastic components.

Any and all damage/degradation to seatbelts.

Damaged/degraded/missing tool kit for changing spare tire.

Missing ash trays, cigarette lighters or any other removable component to NTV.

Lights Any and all Light degradation/damage. Any light that has a burnt out bulb.

Brakes Any degradation to the brake system to include (but not limited to) brakes, pads, and rotors.

Windshield & Washing System Any and all Windshield degradation/damage to the windshield, windshield wipers, and/or washing system.

Defective Material Damage as a result of defective material.

2.2. ACRONYMS:

AOR Area Of Responsibility CENTCOM United States Central Command COR Contracting Officer Representative KO Contracting Officer OCONUS Outside the Contiguous United States PO Purchase Order POC Point of Contact SOW Statement of Work TAM U.S. Army Corps of Engineers Middle East District USACE U.S. Army Corps of Engineers USG U.S. Government

PART 3 – US GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. US Government Furnished Items and Services: Not Applicable

PART 4 – PURCHASE ORDER FURNISHED ITEMS AND SERVICES

4. Technical Requirements: The Contractor shall provide all labor, material, equipment, and supplies to successfully provide vehicles and fuel, as described in this SOW, upon receipt of a duly executed Contract. The Contractor shall act as the single point-of-contact (POC).

4.1 Contractor Points-of-Contact (POC): The Contractor shall provide the KO, within seven (7) days after award, a Contactor employee contact list with names, email addresses, and telephone numbers that shall be available during normal duty hours as stated in the PO. Normal duty hours shall be 0800 to 1630 hours, Sunday through Thursday.

The Contractor shall also provide the KO with emergency POC information for after normal duty hour emergencies.

The listing shall be updated as changes occur and sent to the KO via email no later than the close of the business day when the update was made.

4.2 General Employee Qualifications: The Contractor shall employ persons with the ability to fluently speak, read, write, and understand English to interact with USG personnel.

4.3 Purchase Order Conformance Statement: The Contractor shall provide a signed Letter of Conformance per this contract. The letter shall affirm that vehicles provided are in conformance with all applicable local laws, permits, registration, license, insurance, and all contract terms and conditions.

PART 5 - SPECIFIC TASKS

5.1 Ground Transportation (Vehicles): The Contractor shall supply a fleet of safe and operational vehicles, as required, and incidental services to provide operational vehicles. Items required to keep a vehicle operational is defined as stickers, if required; registration; comprehensive insurance to the full requirements of local law;

licensing; inspections; and whatever effort is required to provide safe and operational vehicles. The Contractor shall demonstrate consistent rapid response (Response within 2 hours, service within 18 hours when emergency services are required) and flexibility to provide the means of transport by the date(s) required in the awarded PO.

5.1.1 The Contractor-provided vehicles shall be invoiced on a monthly basis as indicated in the purchase order CLINS. Fuel, fines, tolls, and damages shall be invoiced concurrently with vehicles but shall be itemized separately from vehicle charges. All invoice for fuel, fines, tolls, and damages shall itemized with sufficient details to determine actual costs and reconcile with Government records. The Contractor is entitled only to actual costs related to fuel, fines, tolls, and damages. No additional Contractor imposed fees or costs will be considered for these lines.

All charges must be itemized in sufficient detail to ascertain the exact source of each charge. The Government shall review invoices in correlation to internal tracking procedures to verify the accuracy of all charges.

5.1.2 The Contractor shall provide vehicles free of limitations or surcharges on mileage or usage.

5.2 Vehicle Types: The Contractor-provided fleet of vehicles shall be in new or in like new condition (less than 20,000 kilometers) Model year 2018 or newer at the time of acceptance. Vehicles shall have all windows tinted in accordance with local laws. The Contracting Officers Representative (COR) will check Contractor-provided vehicles for acceptability before the vehicle is accepted as proposed in the quote. The Contractor shall ensure the vehicle is available for its intended use in a safe and operational condition.

5.2.1 The Contractor shall provide a replacement vehicle that is similar to the vehicle being exchanged, during periods of service, maintenance, and/or repair.

5.2.2 The Contractor-provided vehicles shall be of the following categories:

5.2.3 Mid-Size Sedan: General Services Administration (GSA) Class 9C. Equivalent examples include, but are not limited to: Ford Fusion, Kia Optima, Nissan Altima, Toyota Camry, Peugeot 508, Honda Accord, Chevrolet Malibu, and Hyundai Sonata. The vehicles shall have seating for at least five passengers, an automatic transmission, airbags and seatbelts, an AM/FM stereo and two keys and/or fobs that can unlock all four doors and the trunk and allow ignition operation. The engine shall have at least 150 horsepower.

5.2.4 Mid-Size SUV: GSA class 105A. Equivalent examples include, but are not limited to: Chevrolet Trailblazer, GMC Acadia, Jeep Grand Cherokee, Chevrolet Traverse, Ford Explorer, Toyota Land Cruiser Prado, Mitsubishi Montero Sport, Dodge Durango, Honda Pilot, Toyota Fortuner, Nissan Xterra, and Nissan Pathfinder. Vehicles shall have seating for at least five passengers, an automatic transmission, airbags and seatbelts, an AM/FM stereo, and two keys and/or fobs that can unlock all four doors and the back hatch and allow ignition operation. The engine shall have at least 220 horsepower.

5.2.5 Full-Size SUV: Class 105B as specified by GSA. Equivalent examples include, but are not limited to: Toyota Land Cruiser, Nissan Patrol, Nissan Armada, Chevrolet Tahoe, GMC Yukon, Cadillac Escalade, and Ford Expedition. Vehicles shall have seating for at least seven passengers, an automatic transmission, airbags and seatbelts, an AM/FM stereo and two keys and/or fobs that can unlock all four doors and the back hatch and allow ignition operation. The engine shall have at least 300 horsepower.

5.2.6 Full-Size Crew Cab Pickup 4X4: Class 55 as specified by GSA. Equivalent examples include, but are not limited to: Ram 1500, Chevrolet Silverado 1500, GMC Sierra 1500, Ford F-150, and Toyota Tundra. Vehicles shall have an automatic transmission, airbags and seatbelts, cargo bed, back-up camera, large rear cab, seating for at least five passengers, AM/FM stereo, and two keys and/or fobs that can unlock all four doors and allow ignition operation. The engine shall have at least 250 horsepower. Rear seating area shall be the largest available for that model. Extended cab, quad cab, or club cab pickup trucks are not an acceptable substitute. Vehicles shall be equipped with four wheel drive with a two speed transfer case and a selectable or automatic low range transmission.

At a minimum, the central transmission shall be lockable. Vehicles shall have a rugged suspension and the capability to drive over rough terrain not suitable for a regular sedan or SUV.

5.2.7 The Contractor-provided vehicles shall have the following additional characteristics:

Off-road steel belted radial tires; however, all-terrain tires for sedans are acceptable Fully automatic transmission Factory installed heating/cooling system Driver and passenger side view mirrors Seat belts Front driver and passenger air bags minimum Fire extinguisher Safety glass on all windows (Safety glass refers to the standard laminated glass safety features) Red Cross approved first aid kit Warning triangle Jumper cables Inflated standard spare tire 4-wheel anti-lock brakes Stereo with AM/FM radio Factory installed After market GPS with all features in English GPS, maps and features must be current and continuously updated, and system must be fixed and fully integrated and in easy view of the driver and backing up camera.

Fuel type shall be readily available for the Kuwait Area

5.2.8 FUEL CARDS – The Contractor shall provide one (1) fuel card for EACH vehicle to be used strictly for fuel at approved fuel stations within Kuwait. Fuel will be awarded on a pre-priced, estimated total cost line item.

Estimated total fuel charges for each year of service is $30,000.00. The Contractor must notify the Government if fuel charges for the respective contract year exceed 75% of total price ($22,500) with more than 90 days remaining on the contract year. The Contractor must also notify the Government of any unusual or suspect charges on any fuel card. Payment of fuel cards, while reimbursed by the Government once approved, is the responsibility of the Contractor. Any charges or fees due to failure of the contractor to pay in a timely manner will be the responsibility of the Contractor and will not be reimbursed by the Government.

5.2.10 Traffic fines and other traffic violations are the responsibility of the government driver. The Contractor shall inform the COR of any violations involving its vehicles within 2 months of being notified of the fine. The USG will coordinate settlement of any traffic fine notifications with government personnel. The award shall include up to $34,000 in total estimated damages, fines and tolls per contract year. The Contractor is entitled to invoice only actual costs associated with these items. The Contractor must notify the Government if actual costs exceed 75% of total price ($25,500) with more than 90 days remaining in the contract year.

5.2.6 The Contractor shall coordinate with the COR regarding delivery of all supplied vehicles. The contractor shall ensure that personnel responsible for collection of vehicles for maintenance and towing have access to Ali Al Salem Air Base, Camp Buehring, and Camp Arifjan. The Contractor shall deliver the vehicle early enough to be processed for acceptance and available on the date, time and location specified by the COR. The Contractor shall coordinate date, time and location of vehicle returns with the COR. The Contractor shall deliver vehicles that are clean both exterior and interior and free of rust, soil, dirt, and damage.

Final delivery will be within 40 Kilometers of the Kuwait City Limits, and will be determined upon award of the contract.

5.2.7 The Contractor shall replace all vehicles within the supply fleet that reach 80,000 kilometers (or less at Contractor’s discretion) with a similar vehicle at the contracted amount. Vehicles, including all engine parts, interior parts, and exterior parts, shall be in good working condition when delivered and during use by the US government personnel. The Contractor is responsible for replacing broken windshields and flat tires regardless of fault at no additional cost to the Government. Tires shall be new and/or at least 90% of tread life remaining and tire replacement shall be in accordance with the manufacturer’s recommended mileage and per operating conditions in Kuwait.

5.2.8 The Contractor and the COR or other designated government representative shall perform a joint inspection prior to accepting a vehicle from the Contractor and prior to the Contractor accepting the vehicle from the Government. Any damage shall be documented by photographs and in writing and shall include the date of the inspection and signatures of the individuals performing the inspection. The report shall be submitted to the COR and KO within 10 calendar days after the inspection. The COR shall maintain records of contractor-provided vehicles to the Government to include the vehicle identification number. Vehicles that are replaced and/or loaned to the U.S. Government for any reason will be recorded on the vehicle report. The COR shall provide the Contractor a copy of the vehicle report on a monthly basis.

5.2.9 The Contractor shall provide vehicle breakdown/recovery service 24 hours a day 7 days a week throughout Kuwait, when vehicle is determined to be in an inoperable status, as part of the monthly price per vehicle.

5.2.10 The Contractor shall coordinate directly with the COR to resolve complaints and disputes that occur with contractor-provided vehicles. If a complaint cannot be resolved to the satisfaction of both parties, the KO shall be notified within 15 calendar days for resolution.

INVOICES:

In accordance with FAR 52.212-4, Contract Terms and Conditions- Commercial Items (June 2010), Invoice. (1) The Contractor shall submit an original electronically to the individual designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

INVOICES SHALL BE SENT VIA EMAIL TO USACE TAA POINTS OF CONTACT LISTED BELOW:

The Contractor shall submit invoices, Government Bill of Lading, DD250 Material Inspection and Receiving Report, and Certificate of Conformance to the Contracting Officer, Contract Specialist and Contracting Officer’s Representative at:

Contracting Officer:

TBD at time of award

Contract Specialist:

TBD at time of award

Contracting Officer’s Representative:

TBD at time of award

FINAL INVOICES REQUIRE A SIGNED RELASE OF CLAIMS IN ADDITION TO THE ABOVE

REQUIRED INVOICING DOCUMENTS.

(End of Summary of Changes)

The following items are applicable to this modification:

CONTINUATION PAGE

The purpose of this amnedment is to formalize changes to the Scope of Work, which are in red text. All other terms and conditions remain unchanged.