W5J9JE-22-B-0003-0002 NTVs.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)

30-105-04 EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The Purpose of this amendment is to:

1. Publish Questions and Answers to the ProjNet questions from potential offerors.

2. Remove the Damages CLINs 0004 & 1004.

3. Extend the proposal submission due date from 10 April 2022, 9:00 AM to 13 April 2022, 9:00 AM UTC Time Zone.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 6

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

16C. DATE SIGNED

BY 10 Apr-2022

16B. UNITED STATES OF AMERICA 15C. DATE SIGNED 15B. 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 W5J9JE22B0003

X 9B. DATED (SEE ITEM 11)

26-Mar-2022

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 X is extended 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

10-Apr-2022

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 CODE CODE

EMAIL: TEL:

W5J9JE22B0003

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:

PROJNET QUESTIONS & ANSWERS

Responses to Contractor Inquiries Received Follows:

W5J9JE-22-B-0003_5 NTVs OIR, Kuwait

ID #: 9660424

Contractor Question:

Request further information on the below:

Contract Manpower Reporting

FFP

Not separately priced. The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for NTVs via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address:

(https://www.sam.gov), and then click on the "Department of the Army CMRA" or the icon of the DoD organization that is receiving or benefitting from the contract services. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30.

While inputs may be reported any time during the FY, all data shall be reported no later than 31 October of each calendar year, beginning with the year 2013. Contractors may direct questions to the help desk by clicking on the "Send an email" which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component's CMR website.

Government Response:

The Contract Manpower Reporting is related to the incidental "services" hours related to the Contractor's personnel responsible for the collection of the vehicles for maintenance, and/or repair and towing. It is specific to the (1) SOW Part 1, paragraph 1.5.3, the fifth bullet on page 18 of 56 and (2) SOW Part 5, paragraph 5.2.1, page 21 of 56.

ID # 9660400:

Contractor Questions:

1.What is the expected date of mobilization?

Government Response: 30-Apr-2022

2. Who will operate the leased vehicles and if they will valid driver license as per Kuwaiti Traffic Law?

Government Response: Only U.S. Government (USG) employees will operate the vehicles. Per the status of forces agreement, USG personnel only require to have a valid United States License and an Area Support group OF346 License. Kuwaiti licenses are not required.

3. Car leasing business in Kuwait does not require DBA coverage since there will be no employees of car leasing company working inside US Military Camps. Will you accept lease quote without the DBA?

Government Response:

Navigate to the U.S. Department of Labor website (https://www.dol.gov/agencies/owcp/dlhwc/ExplainingDBA) for further guidance. The Government understands that the DBA coverage must be acquired for U.S. citizens and residents, host country nationals (local hires), and third country nationals (hired from another country to perform work in the host country). The DBA insurance provides disability and medical benefits to employees who work for private employers on U.S. military bases or on any lands used by the U.S. for military purposes outside of the United States, including those in U.S. Territories and possessions. The Contractor’s covered personnel is responsible for the collection of the vehicles for maintenance, and/or repair and towing on U.S. military bases outside of the United States. It is specific to the (1) SOW Part 1, paragraph 1.5.3, the fifth bullet on page 18 of 56 and (2) SOW Part 5, paragraph 5.2.1, page 21 of 56.

The following is from the DBA website.

An employer who fails to secure the payment of compensation under the Act through an insurance carrier or to obtain authorization to be self-insured may face criminal prosecution and be subject to imprisonment and/or fines. If the employer is a corporation, the president, secretary and treasurer can be prosecuted individually and may be personally and severally liable for compensation and other benefits.

If the employer is not insured, an injured employee also may elect to either claim compensation under the Act or sue for damages for his/her injury under general tort law. In such a lawsuit, the employer may not rely on the customary tort defenses that the employee is prevented from recovery by (1) his/her own contribution to the cause of the injury or (2) his/her own negligence or wrongdoing.

The Secretary of Labor may waive application of the Defense Base Act with respect to any contract, work location, or class of employees upon the written request of the head of any department or other agency of the United States. It is Department of Labor policy that waivers do not apply to citizens or legal residents of the U.S. or to employees hired in the U.S. In addition, once granted, the waiver is only valid if alternative workers' compensation benefits are provided to the waived employees pursuant to applicable local law. If there are no local workers' compensation laws, the waiver has no effect and local and foreign nationals working under a U.S. contract are covered under the

DBA.

The request for waiver can be made by submitting a request for DBA waiver package, by the head of a department or agency of the United States government. The package can be mailed to the Director, OWCP, U.S. Department of Labor, OWCP, Division of Longshore and Harbor Workers' Compensation, 200 Constitution Avenue NW, Rm C- 4319, Washington, DC 20210. The package can also be sent by e-mail to DLHWC-Public@dol.gov.

4. Kindly provide estimated mileage running per day.

Government Response: 35KM or 22 miles a day

5. Kindly explain if there are any possibility of extension beyond initial 12 months period of performance. Model Year 2019 vehicles below 20K mileage in lease fleet is rarely available in Kuwait and brand-new vehicles for 12 months lease may not be economical/cost effective.

Government Response: Yes, see page 6 of 56; The solicitation CLIN structure includes an option period (12-month base + 12-month option).

https://www.dol.gov/agencies/owcp/dlhwc/ExplainingDBA mailto:DLHWC-Public@dol.gov

ID #: 9662453

Contractor Question:

The RFP requires that we confirm the ability to deliver all vehicles within 24-48 hours of contract award. Given the current difficulties in the marketplace, we anticipate up to 10 working days to purchase, register and tint windows.

Will the USG accept a 10-14 day delivery window?

Government Response: The USG has a requirement for contractor to deliver vehicles within the 24–48-hour window to ensure that there is no lapse in USG employee access to transportation. 10–14-day delivery will not meet the requirement.

ID #: 9662457

On page 5, the RFP states that "The U.S. Government will NOT reimburse the contractor for DBA insurance purchased from a non-DoL approved insurance provider." Can you please clarify and/or provide a list of Department of Labor approved insurance providers in Kuwait?

Government Response: A list of authorized Longshore Insurance Carriers and Self-Insured Employers can be found on the Department of Labor website. Navigate to https://www.dol.gov/agencies/owcp/dlhwc/ExplainingDBA and select the Resources and Useful Links; select the List of Authorized Longshore Insurance Carriers and Self- Insured Employers.

ID #: 9662458

Section 5.2.1 states that "The Contractor shall provide a replacement vehicle that is similar to the vehicle being exchanged, during periods of service, maintenance, and/or repair. Replacement vehicle needs to be given within 3 hours of primary vehicle being turned over to the contractor." Will the USG allow ample time to purchase, register and tint windows or is it the expectation of the USG that the vehicles be on standby for the duration of the contract?

Government Response: It is expected that the replacement vehicle is given to the USG within the 3 hours the primary vehicle is turned in. It is expected that the contractor be able to provide vehicles as stated.

ID #: 9662459

Page 16, item #2 specifically requires that the provided vehicles be either Black or Silver in color. Will the USG accept alternate color specifications (white) given the current market difficulties regarding vehicle purchasing?

Government Response: The Government will accept Black, white, and silver vehicles.

ID #: 9662461

https://www.dol.gov/agencies/owcp/dlhwc/ExplainingDBA

Item #8 on page 16 requests snow chains as part of the safety kit for each vehicle provided against the requirement.

Please provide clarification as to whether the USG is requiring that the snow chains be placed in each vehicle.

Government Response: Snow chains are required for all accepted vehicles for safety.

ID #: 9662462

As current market conditions make it difficult to book specific vehicles, can the USG forego the requirement to provide VIN numbers specific to the exact vehicles being offered and instead accept general information on anticipated vehicles being offered?

Government Response: The USG has made specific requirements on specific type vehicles for the safety of their personnel. Also, the USG has specific vehicles that will not satisfy this requirement and will not be accepted by the

USG.

ID #: 9662463

Article 5.2.7 on page 22 requests that each vehicle have factory installed GPS units. As GPS units have become obsolete, will the USG accept Bluetooth capability for Apple/Google Car Play in lieu of an installed external GPS unit?

Government Response: The Government will accept the Apple Play /Google play with Android/Apple Cords provided in each vehicle to support each application.

ID #: 9662465

As a planning measure, can the USG please provide us with an estimated mileage consumption per vehicle under this contract?

Government Response: The Government is unable to provide estimated mileage as the vehicles usage will vary due to mission requirements so we can’t provide an estimate.

ID #: 9662470

Regarding Traffic Fines, Page 22 Article 5.2.8; The traffic fines are processed and reach our system after approximately 30 days with an additional 30 days needed to gather and submit documentation to the appropriate authorities in order to claim the violation against the appropriate project. Following payment to the MOI, we then must wait for receipt of payment to be processed and disseminated. Can the USG please accept a 60-Day payment/processing window to allow us to properly account for each violation?

Government Response: The USG would like keep traffic fines processed as stated as we need to process internally as well.

ID #: 9672281

Based on the Non-Tactical Vehicle lease, we will deliver the vehicles thru the main gate and deliver it to the users.

Our team don't need to enter the base, the maintenance will be done in our workshop outside base, our driver will be covered by comprehensive insurance, the vehicles will be covered by third-party insurance and full insurance. Please confirm if this is acceptable.

Is the DBA insurance still required based on the pricing schedule? Please clarify.

Government Response: See Response above ID # 9660400