W912ER23R0017-AMD 0001.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

Project Title: Procurement of Facility Equipment, Machinery, and Parts, Case EG-B-HDF, Ras El Tin Naval Base Alexandria, Egypt

Please see continuation pages.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 6

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

16C. DATE SIGNED

BY 14-Jul-2023

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 W912ER23R0017

X 9B. DATED (SEE ITEM 11)

29-Jun-2023

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

14-Jul-2023

CODE

W912ER DISTRICT (TAM), USACE

MIDDLE EAST DISTRICT (CETAM-CT)

PO BOX 2250

WINCHESTER VA 22604-1450

W912ER 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912ER23R0017

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:

PURPOSE OF AMENDMENT

1. This amendment provides updates to Appendix A –Statement of Work (SOW), Equipment Listing, Attachment 2

– SOW, and the Bid Schedule. Appendix A has been updated to remove obsolete parts, correct part numbers and type-o’s from the parts list for the offeror to price their proposals accordingly. Attachment 2 SOW was revised to update the freight forwarder’s Point-of-Contact (POC) email address from Kathia.Dornon@dfyoung.com to EGNOA@dfyoung.com. The Bid Schedule Contract Line-Item Number (CLIN) language has been revised to correspond to the line items in Appendix A SOW Equipment Listing.

2. The proposal submission date is extended from 08 August 2023 by 4:00pm, Eastern Time (ET) to 15 August 2023 by 4:00pm, ET. Proposals received after this date and time will not be accepted.

3. Bidder Inquiries will be extended to 01 August 2023, fourteen (14) days prior to proposal submission.

4. All Appendix A errors have been removed and a clean version has been provided via the System for Award Management (SAM).

5. The Bid Schedule has been revised and a clean version has been provided via SAM.

6. All other terms and conditions remain unchanged.

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 08-Aug-2023 04:00 PM to 15-Aug-2023 04:00 PM.

The following have been modified:

STATEMENT OF WORK

Procurement of Facility Equipment, Machinery, and Parts Case EG-B-HDF

Ras El Tin Naval Base Alexandria, Egypt

1. GENERAL: This contract is for the procurement of facility equipment, machinery, and parts for the Egyptian Navy located at the Ras-El-Tin Naval Base in Alexandria, Egypt. The list of parts to be procured is attached to this document (reference Appendix A).

All parts, equipment, and machinery are to be new, with manufacturer warranties intact. Spare parts that have been used for demonstration purposes, or have been reconfigured, rebuilt, or reconditioned are not acceptable. Current or updated versions of the specified spare parts are to be provided as well.

2. INSPECTION ACTIVITIES

Vendor shall coordinate an inspection of the equipment prior to pick-up by the designated Freight Forwarder.

Inspection shall be coordinated with the Contracting Officer and the Egypt Program Manager at least three weeks in advance of the inspection. The equipment will be examined by the Egypt Program Manager, or his designee, and, possibly, Host Nation representatives. If acceptable, and found to be in compliance, a DD Form 250 “Material Inspection and Receiving Report” which be signed by the Program Manager will acknowledge acceptance.

3. MANUALS: Any manuals provided by the equipment manufacturer shall be included with delivery.

4. PERIOD OF PERFORMANCE: The Vendor shall order, inspect and have ready for delivery all equipment listed on the attached Appendix A document within 220 calendar days after contract award.

5. POINTS OF CONTACT:

Contracting Officer:

Eric L. Caruso Phone: 540-665-2636 Email: Eric.L.Caruso@usace.army.mil

Contract Specialist:

Diane deLathouder Phone: 540-665-3615 Email: Diane.E.deLathouder@usace.army.mil

Program Manager:

Ben C. Strause Phone: 540-678-3088 Email: Benjamin.C.Strause@usace.army.mil

Point of Contact in Egypt:

Emad Abdel Galil Phone: 540-408-9699 Email: Emad.K.AbdelGalil@usace.army.mil

6. FREIGHT FORWARDER:

a. Shipping Information dfYoung 7465 Candlewood Road, Suite M Baltimore, MD 21076 USA POC: Kathla Dornon EGNOA@dfyoung.com Telephone: 410-684-5242, ext. 400

All Notice of Availability (NOA)’s shall be sent to Ms. Dornon at the above e-mail address.

U.S. manufactured materials and equipment shall be shipped under the following address:

Egyptian Ministry of Defense Egyptian Navy, Alexandria, Egypt FMS Case: EG-B-HDF

b. Packing Information.

The Contractor is responsible for packaging the items in accordance with the Freight Forwarder’s requirements including palletizing and containerizing the items for ease of shipment. Industry standard is 40” x 48” pallets.

Custom pallets are acceptable to fit specific items for shipment, but they must be less than 48” x 40.” Items do not have to be palletized, but they are more likely to be intact upon arrival of final destination if palletized. Pallets are required if shipping liquids or hazardous materials.

c. The Contractor commences the delivery process by submitting a NOA to both the freight forwarder, dfYoung, and the Middle East District after the DD 250 is signed. Ben C. Strause, or an authorized representative, of the Middle East District, will provide the document and mark for numbers to the Contractor for the NOA, as well as sign the DD250 document. NOA forms are available from the Middle East District points of contact listed in this document. Upon receipt of both the NOA and signed DD250, dFYoung will coordinate the pick-up and delivery dates directly with the Contractor. The Contractor and dfYoung will jointly determine the location of pick-up, time, date, etc.

7. CONTRACT LINE-ITEM NUMBER (CLIN) STRUCTURE:

a. CLIN 0001: Procurement of Schneider Electric ShoreBoX parts. This is a firm fixed price CLIN for line items 01-46 listed on the attached Appendix A.

c. CLIN 0002: Procurement of Electrical spare parts. This is a firm fixed price CLIN for line items 47-79 listed on the attached Appendix A.

d. CLIN 0003: Procurement of Shipyard spare tire. This is a firm fixed price CLIN for line items 80-104 listed on the attached Appendix A.

e. CLIN 0004: Procurement of JLG equipment spare parts. This is a firm fixed price CLIN for line items 105-248 listed on the attached Appendix A.

f. CLIN 0005: Procurement of TEREX equipment spare parts. This is a firm fixed price CLIN for line items 249-342 listed on the attached Appendix A.

g. CLIN 0006: Procurement of Pawling & Harnischfeger equipment spare parts. This is a firm fixed price CLIN for line items 343-364 listed on the attached Appendix A.

h. CLIN 0007: Procurement of Miller Welding Machines spare parts. This is a firm fixed price CLIN for line items 365-404 listed on the attached Appendix A.

i. CLIN 0008: Procurement of Mack truck spare parts. This is a firm fixed price CLIN for line items 405- 434 listed on the attached Appendix A.

j. CLIN 0009: Procurement of Freightliner truck spare parts. This is a firm fixed price CLIN for line items 435-452 listed on the attached Appendix A.

k. CLIN 0010: Procurement of Forklift spare parts. This is a firm fixed price CLIN for line items 454-468 listed on the attached Appendix A.

l. CLIN 0011: Procurement of workshop furniture, tools, and misc. parts. This is a firm fixed price CLIN for line items, 472, 479-500, 506-509, 511-512, and 514-515 listed on the attached Appendix A.

m CLIN 0012: Procurement of machinery and equipment. This is a firm fixed price CLIN for line items 474-475, and 503-505 listed on the attached Appendix A.

n CLIN 0013: Procurement of batteries and electrical equipment. This is a firm fixed price CLIN for line items 453, 469-471, 473, 476-478, 501-502, 510, and 513 listed on the attached Appendix A.

8. DUTIES, TAXES, AND LICENSE FEES:

a. All materials, equipment and supplies that are for use and/or incorporation into the project are exempt from taxes, duties, and license fees under the terms of the Agreement between the Government of the United States and the host Government (Egypt). The Contractor warrants its price for this contract is exclusive of any such charges.

b. If after the date of this contract and except for the provisions of paragraph c. below, the Contractor is required by the host Government to pay any such taxes, duties, or license fees paid directly to the host Government on materials, equipment, and supplies for use and/or incorporation into this project, he shall notify the Contracting Officer in writing. Upon satisfactory proof of the payment of such duties, taxes, or custom fees, the Contractor/Vendor shall seek reimbursement through the Egyptian Finance Ministry/Tax Authority, as the U.S.

Government cannot reimburse contractors or vendors for these costs.

c. Contractor owned or controlled material, equipment and supplies sold or disposed of by the Contractor may be subject to the imposition of local duties and within the Host country taxes. No reimbursement will be made under this clause for such transactions.

9. HOST COUNTRY TAXES AND FEES:

a. The Government of Egypt, its agencies, and political subdivisions shall levy no taxes or fees (including taxes on individual or corporate income or property customs or import duties, and other taxes on employee personal household goods, supplies and personal effects imported into Egypt for personal use) on the Contractor, its subcontractors, the employees of either and the dependents of such employees. This tax exclusion does not apply to the Government of Egypt taxes levied on the purchase of personal household goods, supplies or personal effects or automobiles in Egypt by the employees of the Contractor or employees of its subcontractors. This paragraph does not apply to Egyptian employees of the Contractor or Egyptian subcontractors or their employees.

b. If, notwithstanding the above, taxes, duties or similar charges are imposed by the Government of Egypt, under the excepted circumstances described above, the costs thereby incurred by the Contractor shall be reimbursed in the amount of payment by the host nation. The U.S. Government cannot pay for any host nation-imposed taxes or fees.

10. BUY AMERICAN ACT/BALANCE OF PAYMENTS PROGRAM

In accordance with Section 42(c) of the Arms Export Control Act, as amended (22 USC §2791(c)), the Foreign Military Financing funds made available for this procurement may not be used for procurement outside the United States, unless an Offshore Procurement (OSP) determination is made by the Director, Defense Security Cooperation Agency. No OSP determination has been obtained for this procurement. Accordingly, per DoD 5105.38-M, Chapter 9, Table C9.T8, more than 50% of the dollar value of the FMF contract [or CLIN, when there are multiple FMF cases on a single contract], after subtracting from the total costs the cost of items that the FAR or DFARS exclude from Buy American Act or Balance of Payments Program consideration, must be of U.S. origin. The contractor may not exceed this foreign content percentage during contract performance, unless the Government obtains an OSP determination. If it is determined that the Contractor has used unauthorized content, payments to the Contractor may be reduced by the value of the unauthorized content, or at the Government’s option, the Contractor may be required to remove the unauthorized content at its expense and replace it with authorized content. The Government will require the contractor to periodically provide it with information concerning the foreign content utilized in performing the contract, to allow the Government to ensure compliance with these OSP foreign content rules.

11. SAFEGUARDING OF INFORMATION:

The personnel employed on this contract may, in the performance of their assigned duties, have access to data and information pertaining to location of goods, supplies, parts, equipment, vehicles, and explosives. Knowledge of this nature is considered restricted security information. This information shall be protected and safeguarded against disclosure to any unauthorized person or party and shall be furnished or used on an official "need to know" basis only.

12. ATTACHMENTS:

Attachment 1 – Bid Schedule Attachment 2 – Statement of Work (SOW) Appendix A - SOW Equipment Listing

(End of Summary of Changes)