W912DS-13-B-0003_Amend_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

The purpose of this amendment is to:

1. Revise and reissue the eintire Bid Schedule.

2. Make changes to the Draw ings.

3. Make changes to the Specifications.

4. Respond to contractors' questions regarding contract clauses.

5. Add and delete some contract clauses.

6. Extend the Bid Opening date to 30 January 2013. A Dual Bid Opening w ill be held simultaneously at the New York District at 9:00 a.m.

EST and in Copenhagen, Denmark at 1500 hrs.

NEW YORK: 26 Federal Plaza, Room 1841, New York, NY 10278, U.S.A.

DENMARK: Ministry of Foreign Affairs, Asiatisk Plads #2, 1448, Room M5, Copenhagen K, Denmark

[Continued on Continuation Page]

1. CONTRACT ID CODE PAGE OF PAGES

J 1 21

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

16C. DATE SIGNED

BY 17-Jan-2013

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 W912DS-13-B-0003

X 9B. DATED (SEE ITEM 11)

28-Nov-2012

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

17-Jan-2013

CODE

US ARMY CORPS OF ENGINEERS, NEW YORK

26 FEDERAL PLAZA, RM 1843

NEW YORK NY 10278-0090

W912DS 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912DS-13-B-0003

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00010 - SOLICITATION CONTRACT FORM

The required response date/time has changed from 23-Jan-2013 09:00 AM to 30-Jan-2013 09:00 AM.

The following have been added by full text:

REVISED BID SCHEDULE

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum

FFP

FY13 Construct Dormitory Thule Air Base: All work (includes all plant, labor, and material) for the FY13 Dormitory as described in the plans and specifications except for work included in items below.

BID AMOUNT MUST BE IN DANISH KRONER (DKK).

FOB: Destination

DKK

NET AMT

0002 1 Lump Sum

FY13 Construct Dormitory Thule Air Base: Site work, all work outside the five-foot line of the building perimeter, inclusive of demolition (As defined by the Civil (C-series) drawings and specifications)

0003 1 Lump Sum

FY13 Dormitory Thule Air Base: All work for the Final Record Drawing Submission (See paragraph 11 of Section 00800).

BID AMOUNT MUST BE DANISH KRONER (DKK) 107,911

DKK 107,911

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

0004 Lump Sum

FY13 Dormitory Thule Air Base: Transportation: All Government Furnished Transportation From Norfolk, Virginia to Thule Air Base and from Thule AB to Norfolk, VA.

0004AA Metric Ton

Transportation From Norfolk, Virginia to Thule Air Base.

TONNAGE (VOLUME) _________________________

0004AB Metric Ton

Transportation From Thule Air Base to Norfolk, Virginia.

TONNAGE (VOLUME) _________________________

0005 1 Lump Sum

FY13 Dormitory Thule Air Base: Transportation: Furnished from/to Denmark to/from Thule AB

TOTAL BID:

TOTAL BASE BID PRICE FOR LINE ITEMS 0001- 0005

DKK _____________________

NOTES:

1. All goods must be wrapped accordingly. It should be protected to withstand handling as well as storage and transportation by sea. Due to packing in containers, in warehouse and on ship every package must be able to withstand a pressure from above of at least it's own weight. If you have any questions please contact Royal Arctic Line Helle Christensen by phone: 99 30 32 26 or by e-mail: hch@ral.dk.

2. “Transportation from Denmark” means that the U.S. Embassy will provide a ship from Denmark to Thule AB,GL; however, it is not free. The Contractor shall reimburse the U.S. Embassy in Denmark the actual carrier cost for the transportation. This is not considered Government Furnished Transportation.

3. Bids must be in Danish Kroners.

4. Construction Award will not include Government Furnished Transportation.

5. Contractors not utilizing Government Furnished Transportation shall include shipping costs in their Base Bid Items, as applicable. In such cases, the applicable transportation price schedule should be marked

“NOT APPLICABLE”.

6. All pallets and containers used for the transportation of contractor’s cargo from Denmark shall be the contractor’s responsibility and the contractor’s expense.

7. The Contractor shall be billed for all quantities over the amount stated in the bid items for Government Furnished Transportation or shall ship at his own expense through private carrier all items over the amounts stated in the bid items.

8. The Basis of evaluation will be the lowest responsive/responsible bidder calculated based on the sum of ABSOLUTE VALUES of each of the CLINs (sum of CLIN 0001 thru 0005).

9. The minimum construction award will be the amount bid for the Base Bid Items.

10. Bidders are required to bid on the Base Bid or their bids will be rejected.

11. Bidders are reminded that they must bid on the issued plans and specifications as amended. Any deviations, conditions or attachments made by the bidder himself thereto may render the bid non-responsive and be cause for its rejection.

12. Line Item Number 0003 is pre-priced at DKK 107,911 ($20,000), it’s a firm fixed line item, and the price shown may not be changed, see paragraph 11(i) of Section 00800.

13. Bid Acceptance Period: Bidders Bids are to be valid for 90 calendar days for bid acceptance from the Bid Opening.

14. CLIN 0004 includes non monetary estimates of anticipated volume being shipped using government provided sealift. Since the sealift is free to use by the contractors the port needs to know the anticipated volume of goods being shipped so that adequate space is reserved on the vessel being chartered.

15. CLIN 0004 will be used in the evaluation of proposals but will not be included as part of the award amount.

The contractors are required to price this line item, if there are no materials being shipped from US, $0.00 should be entered, refer to Appendix Q for rates.

16. All items listed in the CID package #3 (i.e. refrigerators, microwaves, dishwashers, stoves, art, washers, dryers, furniture, ice machines…) SHALL NOT be priced in any of the above CLINs, those items are not in contract.

SECTION 00600 - REPRESENTATIONS & CERTIFICATIONS

The following have been deleted:

52.219-1 Small Business Program Representations APR 2012

SECTION 00700 - CONTRACT CLAUSES

52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN

CERTIFIED COST OR PRICING DATA (OCT 2010)

(a) Exceptions from certified cost or pricing data. (1) In lieu of submitting certified cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following subparagraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial item exception. For a commercial item exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include--

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;

(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market;

(C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation , access does not extend to cost or profit information or other data relevant solely to the offeror's determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for certified cost or pricing data. If the offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

(1) The offeror shall prepare and submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I.

As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

(End of provision)

52.229-6 TAXES--FOREIGN FIXED-PRICE CONTRACTS (JUN 2003)

(a) To the extent that this contract provides for furnishing supplies or performing services outside the United States and its outlying areas, this clause applies in lieu of any Federal, State, and local taxes clause of the contract.

(b) Definitions. As used in this clause--

"Contract date," means the date set for bid opening or, if this is a negotiated contract or a modification, the effective date of this contract or modification.

Country concerned means any country, other than the United States and its outlying areas, in which expenditures under this contract are made.

"Tax" and "taxes," include fees and charges for doing business that are levied by the government of the country concerned or by its political subdivisions.

"All applicable taxes and duties," means all taxes and duties, in effect on the contract date, that the taxing authority is imposing and collecting on the transactions or property covered by this contract, pursuant to written ruling or regulation in effect on the contract date.

"After-imposed tax," means any new or increased tax or duty, or tax that was exempted or excluded on the contract date but whose exemption was later revoked or reduced during the contract period, other than excepted tax, on the transactions or property covered by this contract that the Contractor is required to pay or bear as the result of legislative, judicial, or administrative action taking effect after the contract date.

"After-relieved tax," means any amount of tax or duty, other than an excepted tax, that would otherwise have been payable on the transactions or property covered by this contract, but which the Contractor is not required to pay or bear, or for which the Contractor obtains a refund, as the result of legislative, judicial, or administrative action taking effect after the contract date.

"Excepted tax," means social security or other employment taxes, net income and franchise taxes, excess profits taxes, capital stock taxes, transportation taxes, unemployment compensation taxes, and property taxes. "Excepted tax" does not include gross income taxes levied on or measured by sales or receipts from sales, property taxes assessed on completed supplies covered by this contract, or any tax assessed on the Contractor's possession of, interest in, or use of property, title to which is in the U.S. Government.

(c) Unless otherwise provided in this contract, the contract price includes all applicable taxes and duties, except taxes and duties that the Government of the United States and the government of the country concerned have agreed shall not be applicable to expenditures in such country by or on behalf of the United States.

(d) The contract price shall be increased by the amount of any after-imposed tax or of any tax or duty specifically excluded from the contract price by a provision of this contract that the Contractor is required to pay or bear, including any interest or penalty, if the Contractor states in writing that the contract price does not include any contingency for such tax and if liability for such tax, interest, or penalty was not incurred through the Contractor's fault, negligence, or failure to follow instructions of the Contracting Officer or to comply with the provisions of paragraph (i) below.

(e) The contract price shall be decreased by the amount of any after-relieved tax, including any interest or penalty.

The Government of the United States shall be entitled to interest received by the Contractor incident to a refund of taxes to the extent that such interest was earned after the Contractor was paid by the Government of the United States for such taxes. The Government of the United States shall be entitled to repayment of any penalty refunded to the Contractor to the extent that the penalty was paid by the Government.

(f) The contract price shall be decreased by the amount of any tax or duty, other than an excepted tax, that was included in the contract and that the Contractor is required to pay or bear, or does not obtain a refund of, through the Contractor's fault, negligence, or failure to follow instructions of the Contracting Officer or to comply with the provisions of paragraph (i) below.

(g) No adjustment shall be made in the contract price under this clause unless the amount of the adjustment exceeds $250.

(h) If the Contractor obtains a reduction in tax liability under the United States Internal Revenue Code (Title 26, U.S. Code) because of the payment of any tax or duty that either was included in the contract price or was the basis of an increase in the contract price, the amount of the reduction shall be paid or credited to the Government of the United States as the Contracting Officer directs.

(i) The Contractor shall take all reasonable action to obtain exemption from or refund of any taxes or duties, including interest or penalty, from which the United States Government, the Contractor, any subcontractor, or the transactions or property covered by this contract are exempt under the laws of the country concerned or its political subdivisions or which the governments of the United States and of the country concerned have agreed shall not be applicable to expenditures in such country by or on behalf of the United States.

(j) The Contractor shall promptly notify the Contracting Officer of all matters relating to taxes or duties that reasonably may be expected to result in either an increase or decrease in the contract price and shall take appropriate action as the Contracting Officer directs. The contract price shall be equitably adjusted to cover the costs of action taken by the Contractor at the direction of the Contracting Officer, including any interest, penalty, and reasonable attorneys' fees.

(End of clause)

252.225-7045 BALANCE OF PAYMENTS PROGRAM--CONSTRUCTION MATERIAL UNDER TRADE

AGREEMENTS (NOV 2012)

(a) Definitions. As used in this clause--

Caribbean Basin country construction material means a construction material that---

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

Commercially available off-the-shelf (COTS) item--

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition of ``commercial item'' in section 2.101 of the Federal Acquisition Regulation);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. 40102), such as agricultural products and petroleum products.

Component means any article, material, or supply incorporated directly into construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Designated country means--

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan (known in the World Trade Organization as ``the Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu'' (Chinese Taipei)), or the United Kingdom);

(2) A Free Trade Agreement country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Panama, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St.

Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

Designated country construction material means a construction material that is a WTO GPA country construction material, a Free Trade Agreement country construction material, a least developed country construction material, or a Caribbean Basin country construction material.

Domestic construction material means--

(1) An unmanufactured construction material mined or produced in the United States; or

(2) A construction material manufactured in the United States, if--

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

Free Trade Agreement country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Free Trade Agreement country into a new and different construction material distinct from the material from which it was transformed.

Least developed country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

United States means the 50 States, the District of Columbia, and outlying areas.

WTO GPA country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) This clause implements the Balance of Payments Program by providing a preference for domestic construction material. In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements apply to this acquisition. Therefore, the Balance of Payments Program restrictions are waived for designated country construction materials.

(c) The Contractor shall use only domestic or designated country construction material in performing this contract, except for--

(1) Construction material valued at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation;

(2) Information technology that is a commercial item; or

(3) The construction material or components listed by the Government as follows:

(Contracting Officer to list applicable excepted materials or indicate “none”.)

The following have been deleted:

52.219-9 Small Business Subcontracting Plan JAN 2011 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.222-4 Contract Work Hours and Safety Standards Act - Overtime

Compensation

JUL 2005

52.222-37 Employment Reports on Veterans SEP 2010 52.225-11 Buy American Act--Construction Materials Under Trade

Agreements

MAY 2012

52.225-12 Notice of Buy American Act Requirement - Construction Materials Under Trade Agreements

FEB 2009

52.225-12 Notice of Buy American Act Requirement - Construction Materials Under Trade Agreements

FEB 2009

52.226-1 Utilization Of Indian Organizations And Indian-Owned Economic Enterprises

JUN 2000

52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.232-16 Progress Payments APR 2012

The following were previously included by reference and are now included by full text:

52.229-3 FEDERAL, STATE, AND LOCAL TAXES (APR 2003)

(a) As used in this clause—

“After-imposed Federal tax” means any new or increased Federal excise tax or duty, or tax that was exempted or excluded on the contract date but whose exemption was later revoked or reduced during the contract period, on the transactions or property covered by this contract that the Contractor is required to pay or bear as the result of legislative, judicial, or administrative action taking effect after the contract date. It does not include social security tax or other employment taxes.

“After-relieved Federal tax” means any amount of Federal excise tax or duty, except social security or other employment taxes, that would otherwise have been payable on the transactions or property covered by this contract, but which the Contractor is not required to pay or bear, or for which the Contractor obtains a refund or drawback, as the result of legislative, judicial, or administrative action taking effect after the contract date.

“All applicable Federal, State, and local taxes and duties” means all taxes and duties, in effect on the contract date, that the taxing authority is imposing and collecting on the transactions or property covered by this contract.

“Contract date” means the date set for bid opening or, if this is a negotiated contract or a modification, the effective date of this contract or modification.

“Local taxes” includes taxes imposed by a possession or territory of the United States, Puerto Rico, or the Northern Mariana Islands, if the contract is performed wholly or partly in any of those areas.

(b) The contract price includes all applicable Federal, State, and local taxes and duties.

(c) The contract price shall be increased by the amount of any after-imposed Federal tax, provided the Contractor warrants in writing that no amount for such newly imposed Federal excise tax or duty or rate increase was included in the contract price, as a contingency reserve or otherwise.

(d) The contract price shall be decreased by the amount of any after-relieved Federal tax.

(e) The contract price shall be decreased by the amount of any Federal excise tax or duty, except social security or other employment taxes, that the Contractor is required to pay or bear, or does not obtain a refund of, through the Contractor’s fault, negligence, or failure to follow instructions of the Contracting Officer.

(f) No adjustment shall be made in the contract price under this clause unless the amount of the adjustment exceeds $250.

(g) The Contractor shall promptly notify the Contracting Officer of all matters relating to any Federal excise tax or duty that reasonably may be expected to result in either an increase or decrease in the contract price and shall take appropriate action as the Contracting Officer directs.

(h) The Government shall, without liability, furnish evidence appropriate to establish exemption from any Federal, State, or local tax when the Contractor requests such evidence and a reasonable basis exists to sustain the exemption.

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

AMENDMENT 0002

Dormitory (48 Person) Thule Air Base, Greenland

W921DS-13-B-0003

Amendment 0002

AMENDMENT 0002 to DRAWINGS and SPECIFICATIONS for Dormitory (48 Person), Thule Air Base, Greenland.

TO OFFORERS

The following changes shall be made to the drawings and specifications.

DRAWINGS

1. The following DRAWINGS have been REVISED but NOT REISSUED:

None

2. The following DRAWINGS have been REVISED and REISSUED:

Drawing G-004

Drawing A-105

Drawing A-106

Drawing A-107

DrawingA-401

Drawing A-402

Drawing A-510

Drawing A-524

Drawing E-002

Drawing ES-601

Drawing EL-101

Drawing EP-101

Drawing EP-601

Drawing ET-101

3. The following DRAWINGS have been ADDED:

SPECIFICATIONS

1. The following SPECIFICATION SECTIONS have been ADDED and are provided in their entirety herein: None

2. The following SPECIFICATIONS SECTIONS have been DELETED in their entirety:

3. The following SPECIFICATIONS SECTIONS have been REVISED and REISSUED:

- Appendix M - DBA Waiver

- Section 00 010 – Bid Schedule (Solicitation Contract Form)

4. The following SPECIFICATIONS have been REVISED but NOT REISSUED:

Section 00 80 00.00 18 – Special Contract Requirements: Add the followings paragraph:

“1 (i) – Safety Instructions and Operation Manuals shall be provided for all relevant technical equipment in both Danish and English Languages.”

Section 00 80 00.00 18 – Special Contract Requirements: Add the followings at the end of the page index:

“LIST OF APPENDECIES:

APPENDIX A - Active Landfills APPENDIX B - NFS Material Borrow Site APPENDIX C - Conservation Mgmt Plan APPENDIX D - HAZMAT Management Plan APPENDIX E - Spill Prevention-Response Plan APPENDIX F - Pollution Prevention Management Plan APPENDIX G - Solid Waste Mgmt Plan APPENDIX H - Storm Water Mgmt Plan APPENDIX I - Slug Mgmt Plan APPENDIX J - Installation HAZMAT Management Plan APPENDIX K - FGS-GL (Environmental Protection) APPENDIX L - Affirmative Proc Plan APPENDIX M - DBA Waiver APPENDIX N - FY13 Thule Dorm Topo Survey

APPENDIX O - Survey Photos of Project Site APPENDIX P - Pacer Goose Shipping Instructions APPENDIX Q - Shipping Rates Gov Furnished Transport APPENDIX R - Geotechnical Investigation APPENDIX S - Foundations Governing Forces”

Section 00 80 00.00 18 – Special Contract Requirements: Paragraph 75 – OTHER APPLICABLE THULE REGULATIONS TO FOLLOW: Page 97 of 98 replaces the entire paragraph with the following:

“Conservation Mgmt Plan Final 2011 22 May - Appendix C Hazardous Waste Management Plan – 1 July 2011 - Appendix D Installation HAZMAT Management Plan 2012 - Appendix J Spill Prevention-Response Plan 1 July 11 Final 22 May - Appendix E Pollution Prevention Management Plan 1 July 2011 - Appendix F Solid Waste Management Plan – 1 July 2011 - Appendix G Storm Water Mgmt Plan 2011 - Appendix H Affirmative Proc Plan, 01 Jul 2011, FINAL without date - Appendix L Slug Mgmt Plan, 01 Jul 2011, Final without date - Appendix I Final Governing Standards for Environmental Protection by United States Forces in Greenland (FGS-GL) - dated 24 July 2003 - Appendix K

DBA INSURANCE RATES: DEFENSE BASE ACT INSURANCE RATES – LIMITATION –

FIXED-PRICE (APRIL 2011) - Please refer to Appendix M – DBA Waiver, issued by this amendment.

Section 26 11 16 Secondary Walk-In Unit Substations – replace the following paragraphs with the following:

“2.2.4.1 Electronic Watthour Meter

NEMA/ANSI C12.10. Provide a switchboard style electronic programmable watthour meter, semi-drawout, semi-flush mounted, as indicated. Meter shall either be programmed at the factory or shall be programmed in the field. When field programming is performed, turn field programming device over to the Contracting Officer at completion of project.

Meter shall be coordinated to system requirements.

a. Design: Provide meter designed for use on a 3-phase, 4-wire, 208/120 volt system with 3 current transformers. Include necessary KYZ pulse initiation hardware for Energy Monitoring and Control System (EMCS) as specified in the designated specification for direct digital control for HVAC and other building control systems.

Refer to Division 23 for more specific details.

2.2.4.2 Digital Meters (Secondary Side of Unit Substation)

IEEE C37.90.1 for surge withstand. Provide true rms, plus/minus one percent accuracy, programmable, microprocessor-based meters enclosed in sealed cases with a simultaneous three line display. Meters shall have 16 mm, minimum, LED's. Watthour meter shall have a single line display with 16 mm, minimum, LED's. The meters shall accept input from standard 5A secondary instrument transformers and direct voltage monitoring range to 300 volts, phase to phase to phase. Programming shall be via a front panel display and a communication interface with a computer. Password secured programming shall be stored in non-volatile EEPROM memory. Digital communications shall be BACnet IP protocol via an RS485 serial port and an independently addressable RS485 serial port. The meter shall calculate and store average max/min demand values for all readings based on a user selectable sliding window averaging period. The meter shall have programmable hi/low set limits with two Form C dry contact relays when exceeding alarm conditions. Meter shall provide THD measurement to the thirty-first order.

Historical trend logging capability shall include ability to store up to 100,000 data points with intervals of 1 second to 180 minutes. The unit shall also store and time stamp up to 100 programmable triggered conditions. Event waveform recording shall be triggered by the rms of 2 cycles of voltage or current exceeding programmable set points. Waveforms shall be stored for all 6 channels of voltage and current for a minimum of 10 cycles prior to the event and 50 cycles past the event.

a. Multi-Function Meter: Meter shall simultaneously display a selected phase to neutral voltage, phase to phase voltage, percent phase to neutral voltage THD, percent phase to phase voltage THD; a selected phase current, neutral current, percent phase current THD, percent neutral current; selected total PF, kW, kVA, kVAR, FREQ, kVAh, kWh. Detected alarm conditions include over/under current, over/under voltage, over/under kVA, over/under frequency, over/under selected PF/kVAR, voltage phase reversal, voltage imbalance, reverse power, over percent THD. The meter shall have a Form C KYZ pulse output relay.

b. Power Meter: Meter shall simultaneously display Watts, VARs, and selected kVA/PF.

Detected alarm conditions include over/under kVA, over/under PF, over/under VARs, over/under reverse power.

c. Volt Meter: Meter shall be selectable between simultaneous display of the three phases of phase to neutral voltages and simultaneous display of the three phases of the phase to phase voltages. Detected alarm conditions include over/under voltage, over/under voltage imbalance, and over percent THD.

d. Ammeter: Meter shall simultaneously display phase A, B, and C current. Detected alarm conditions include over/under current, and over percent THD.

e. Digital Watthour Meter: Meter shall have a single selectable display for watts, total kilowatt hours (kWh) and watt demand (Wd). The meter shall have a Form C KYZ pulse output relay.”

Section 07 41 13 Metal Roof Panels – replace the specification title from “Metal Roof Panels” to the following “INSULATED METAL PANELS: EXTERIOR ROOF AND EXTERIOR BOTTOM OF BUILDING” as well as replace paragraphs 1.10, 2.1 and 2.2 in its entirety with the following:

“1.10 SCHEDULE

Some metric measurements in this section are based on mathematical conversion of English unit measurements, and not on metric measurement commonly agreed to by the manufacturers or other parties. The English and metric units for the measurements shown are as follows:

PRODUCTS METRIC UNITS

a. SteelSheet 1.0 mm

b. Panels 225 mm

c. Screws 0.242 mm

0.216 mm

d. Bolts 6 mm

e. Studs 5 mm

f. Fasteners 13 mm 25 mm

g. Rivets 5 mm 3 mm

PART 2 PRODUCTS

2.1 ROOF PANELS

2.2 FACTORY FINISH AND COLOR PERFORMANCE REQUIREMENTS

All panels are to receive a factory applied hot dipped galvanized plastisol or silicone polyester finish conforming to the following:

a. Color: The exterior finish chosen from the manufacturer's standard color chart.

b. Physical Properties: Coating must conform to the industry and manufacturer's standard performance criteria as listed by the following certified test reports:

General: ASTM D 5894 and ASTM D 4587.

Abrasion: ASTM D 968 Adhesion: ASTM D 3359 Chalking: ASTM D 4214 Chemical Pollution: ASTM D 1308 Color Change and Conformity: ASTM D 2244 Creepage: ASTM D 1654 Cyclic Corrosion Test: ASTM D 5894 Flame Spread: ASTM E 84 Flexibility: ASTM D 522 Formability: ASTM D 522 Gloss at 60 and 85 degrees: ASTM D 523 Humidity: ASTM D 2247 and ASTM D 714 Oxidation: ASTM D 610 Pencil Hardness: ASTM D 3363 Reverse Impact: ASTM D 2794 Salt Spray: ASTM B117 Weatherometer: ASTM G 152, ASTM G 153 and ASTM D 822”

Section 07 41 63 Fabricated Roof Panel Assemblies – replace paragraph 1.3 Definitions, in its entirety with the following: “Fabricated Roof Panel Assembly: Insulated metal roof panels, corrugated sheet steel, attachment system components, miscellaneous metal framing, and accessories shop fabricated or field assembled for a complete weather‐tight roofing system.”

Section 07 41 63 Fabricated Roof Panel Assemblies – replace paragraph 1.10 Schedule, in its entirety with the following: “Some metric measurements in this section are based on mathematical conversion of English unit measurements, and not on metric measurement commonly agreed to by the manufacturers or other parties. The English and metric units for the measurements shown are as follows:

PRODUCTS METRIC UNITS

a. SteelSheet 1.0 mm

b. Panels 225 mm

c. Screws 0.242 mm

0.216 mm

d. Bolts 6 mm

e. Studs 5 mm

f. Fasteners 13 mm 25 mm

g. Rivets 5 mm 3 mm ”

Section 07 41 63 Fabricated Roof Panel Assemblies – replace paragraph 2.1.4 Finish, in its entirety with the following: “All panels are to receive a factory applied hot dipped galvanized plastisol or silicone finish conforming to the following:

a. Color: The exterior finish chosen from the manufacturer's standard color chart.

b. Physical Properties: Coating must conform to the industry and manufacturer's standard performance criteria as listed by the following certified test reports:

(1) Chalking: ASTM D 333

(2) Coating Thickness: ASTM B659

(3) Color Change and Conformity: ASTM D 2244

(4) Weatherometer: ASTM G 152, ASTM G 153 and ASTM D 822

(5) Humidity: ASTM D 2247 and ASTM D 714

(6) Salt Spray: ASTM B117

(7) Chemical Pollution: ASTM D 1308

(8) Gloss at 60: ASTM D 523

(9) Pencil Hardness: ASTM D 3363

(10) Reverse Impact: ASTM D 2794

(11) Flexibility: ASTM D 522

(12) Abrasion: ASTM D 968

(13) Flame Spread: ASTM E 84”

Section 07 42 13 Metal Insulated Wall Panels – replace the specification title from “Metal Insulated Wall Panels” to the following “INSULATED METAL PANELS: EXTERIOR WALLS” as well as replace subparagraph 2.1 (a) in its entirety with the following: “Insulated wall panel to be 200 mm thickness, provided by DC‐System Insulation A/S or approved equal.”

CONTRACTORS’ QUESTIONS AND GOVERNMENT’S REPLY

1. Please provide details regarding location of the Bid Opening in Denmark, Copenhagen.

Response: The Bid Opening will take place at the following location:

Ministry of Foreign Affairs Asiatisk Plads #2, 1448, Room M5 Copenhagen K, Denmark

2. Please inform of the shipping rates for transports between Denmark and Thule AB. Response:

Will be provided in future amendment.

3. FAR 52.219‐1 – Small Business Program Representations (Apr 2012) – Alternate I (Apr 2011) It appears that this clause should not have been included in the solicitation. FAR 19.309 states that this clause is to be included when the contract will be performed in the United States or its outlying areas. Response: This clause has been deleted.

4. FAR 52.219‐9 – Small Business Subcontracting Plan (Jan 2011) - It appears that this clause should not have been included in the solicitation. FAR 19.708 states that this clause is not be included if the contract, together with all of its subcontracts, will be performed entirely outside of the United States and its outlying areas. The solicitation does not include FAR 52.219‐8, Utilization of Small Business Concerns, and there do not appear to be any small business subcontracting goals. Response: This clause has been deleted.

5. FAR 52.219‐16 – Liquidated Damages – Subcontracting Plan (Jan 1999) It appears that this clause should not have been included in the solicitation. FAR 19.708 states that this clause is only to be included in the solicitation and resulting contract when FAR 52.219‐9 is included.

FAR 52.219‐9 is not to be included if the contract, together with all of its subcontracts, will be performed entirely outside of the United States and its outlying areas. Please confirm that FAR 52.219‐16 should not have been included. Response: This clause has been deleted.

6. FAR 52.222‐4 – Contract Work Hours and Safety Standards Act – Overtime Compensation (Jul 2005) - It appears that this clause should not have been included in the solicitation. FAR 22.305 states that this clause is not to be included in solicitations and contracts to be performed outside the United States, Puerto Rico, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and Outer Continental Shelf lands. Response: This clause has been deleted.

7. FAR 52.222‐37 – Employment Reports on Veterans (Sep 2010) - It appears that this clause should not have been included in the solicitation. FAR 22.1310 states that this clause is to be included in solicitations and contracts containing FAR 52.222‐35, Equal Opportunity for Veterans. FAR 52.222‐35 is not required when the work is performed outside the United States by employees recruited outside the United States. Response: This clause has been deleted.

8. FAR 52.225‐11 – Buy American Act – Construction Materials Under Trade Agreements (May 2012) - It appears that this clause should not have been included in the solicitation. Please confirm. Response: This clause has been deleted.

9. FAR 52.225‐12 – Notice of Buy American Act Requirement – Construction Materials under Trade Agreements (Feb 2009) - It appears that this clause should not have been included in the solicitation. Please confirm. Response: This clause has been deleted.

10. FAR 52.226‐1 – Utilization of Indian Organizations and Indian‐Owned Economic Enterprises (Jun 2000) - It appears that this clause should not have been included in the solicitation. FAR

26.104 states Contracting Officers in civilian agencies may insert the clause in solicitations and contracts if, in the opinion of the Contracting Officer, subcontracting possibilities exist for Indian organizations or Indian‐owned economic enterprises and funds are available for any increased costs. Given that the work will be performed overseas, it does not appear that there are subcontracting possibilities. Response: This clause has been deleted.

11. FAR 52.227‐1 – Authorization and Consent (Dec 2007) - It appears that this clause should not have been included in the solicitation. FAR 27.201‐2 states that use of this clause is prohibited when both complete performance and delivery are outside the United States. Response: This clause has been deleted.

12. 52.227‐2 – Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007) - It appears that this clause should not have been included in the solicitation. FAR 27.201‐2 states that this clause is to be included in solicitations and contracts that include FAR 52.227‐1. FAR 27.201‐2 states that use of this clause is prohibited when both complete performance and delivery are outside the United States. Response: This clause has been deleted.

13. FAR 52.229‐3 – Federal, State And Local Taxes (Apr 2003) - It appears that this clause should not have been included in the solicitation. FAR 29.401‐3 states that this clause should be included in solicitations and contracts if the contract is to be performed wholly or partially in the United States or its outlying areas. Response: This clause has been retained for any effort partially performed/procured in the United States.

14. FAR 52.232‐16 – Progress Payments (Apr 2012) - It appears that this clause should not have been included in the solicitation. FAR 32.502‐4 provides that this clause is included in solicitations that may result in contracts providing for progress payments based on costs and fixed‐price contracts under which the Government will provide progress payments based on costs. Per FAR 52.236‐16, the Government is making progress payments based on percentage of work completed not costs. Response: This clause has been deleted.

15. DFARS 252.215‐7008 – Only One Offer (Jun 2012) - It is unclear why the clause was included.

The clause implements FAR 52.215‐20 and FAR52.215‐20 is not included in the solicitation.

Response: This clause has been retained in case only one offer is received for this solicitation.

(End of Summary of Changes)