Amendment_0003_SF30_W912GB-14-R-0030.pdf

W2SDXXXXXXXXXX

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

See Continuation Page

POC: Glenn Adams, Contract Specialist Email: glenn.adams@usace.army.mil Phone: +49 (0)611 9744 2723

1. CONTRACT ID CODE PAGE OF PAGES

J 1 5

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

16C. DATE SIGNED

BY

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 W912GB-14-R-0030

X 9B. DATED (SEE ITEM 11)

02-Sep-2014

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 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

19-Nov-2014

CODE

CONTRACTING DIVISION

US ARMY CORPS OF ENGINEERS

KONRAD ADENAUER RING 39

D-65187 WIESBADEN GERMANY

WIESBADEN 65187

W912GB 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODE CODE

EMAIL: TEL:

W912GB-14-R-0030

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:

AMENDMENT 0003

The purpose of the is Amendment is to: 1) Provide responses to interest party’s request for information, clarifications and questions and 2) update several Federal Acquisition Regulations (FAR) clauses.

1. Amendment 0001 dated 30 September 2014 provided responses to interest party’s request for information, clarifications and questions 1 through 14. Amendment 0002 dated 24 October 2014 provided responses to interest party’s request for information, clarifications and questions 15 and 16. This Amendment provides the following responses:

17. Question: The solicitation in question is involved with few elements that may require a little more time then allowed under the current solicitation. Specifically, getting references from previous clients and forming a Joint Venture in accordance with the requirements under the solicitation pose a real challenge we are facing at this point. We are therefore requesting you to allow for a submission time extension of a few weeks that will permit our team to complete its preparations and submit our proposal.

Response: The solicitation was posted on 2 September 2014 establishing the initial Phase I Technical proposals due no later than 31 October 2014. With Amendment 0001 posted on 30 September 2014 the proposal due date was extended to the current submission date of 26 November 2014. This is a total of 85 calendar days from the initial solicitation date to the extended proposal due date. To maintain the current schedule for participants of the Source Selection Evaluation Board in Wiesbaden, Germany as we approach the holiday season and the projected awards no later than early March 2015 the Phase I Technical proposal submission date of 26 November 2014 at 02:00 PM Central European Time must remain unchanged.

18. Question: Reference Attachment 9, page 7 of 15, Item 1.9 – Delivery of Technical Data: Contract

Language Related to ITAR Compliance: Our Company is registered with the Directorate of Defense Trade Controls at the US State Department for ITAR and we have an export controls compliance program in place. Based on the language in the RFP, we would like to know whether the Task Orders that will be issued are envisioning applications for Technical Assistant Agreements (TAAs) so that we can provide ongoing defense services to foreign persons. To that end, will the agency be working with the awardees, program managers, and foreign parties to collect necessary data so that applications for TAAs (and or licenses) can be prepared in advance so as to minimize delays in actual performance of the work?

Response: The requirements of the FY15 Israel FMS MATOC do not require TAAs. All requests for documentation will be through the USACE Contracting Officer’s Representative (COR).

Requirements for licenses and permits and other documents requiring coordination with and approval by Israeli organizations are to be done by the contractor on a case-by-case basis as stipulated in each MATOC Task Order.

19. Question: Reference page 35 of 163, Item 52.228 - 1: Is the referenced Bid Guarantee required in Phase I or Phase II, and if so, where should it be inserted?

Response: The Bid Guarantee, either as a Bid Bond or as a Letter of Assurance shall be provided with Phase II Volume II – Factor 5 – Price.

20. Question: Reference Solicitation, page 54 of 163, Item 52.000 - 4059: Is the referenced Letter of Assurance required in Phase I or Phase II, and if so, where should it be inserted?

Response: See response to Question 19.

21. Question: Reference Solicitation, page 19 of 163; Amendment 1, page 16 of 38, “Committed

Subcontractors”: At the NYC Industry day a question was asked regarding the level of separation which triggered the requirement for a co-signed letter of commitment between different entities. The response given was that if entities had a different DUNS number that letters of commitment would be required. This appears to be a very low bar, since different offices within a company will have different DUNS numbers.

What is the exact tipping point regarding whether a letter of commitment is required? The Letter of Commitment must be signed by both the Prime and the committed sub. Are original signatures required, or is a .pdf acceptable?

Response: For an award of a contract with the US Government a contractor is required to be registered in the Systems for Award Management (SAM) system, obtaining a unique “Commercial and Government Entity (CAGE) Code assigned by the Defense Logistic Agency providing a standard method of identifying a given legal entity at a specific location. When submitting projects for experience for a US Prime Company (single entity) or a US Joint Venture (multiple entities) a single CAGE Code for the Prime or the Joint Venture (JV) is required to identify the legal entity and their US address. The CAGE Code is also required to be provided when the US entity is completing the Past Performance Questionnaires related to their experience submission. The Data Universal Numbering System (DUNS) is a proprietary system developed and regulated by Dun & Bradstreet (D&B) which provides a universal way of distinguishing companies operating all over the world. The DUNS number is also to be included when applying for a SAM registration. An Israeli or other nation “Committed Subcontractor” may or may not be registered in SAM or with D&B. The CAGE Code is the mechanism used by the Contracting Officer during submission evaluation to determine whether an entity is a US Parent firm, subsidiary of a US Parent firm, a US JV or a firm not having any relationship with a US Parent or subsidiary or US JV. To receive credit for and to confirm the US Prime or US JVs commitment to use a specific subcontractor when submitting project experience and past performance for a specific subcontractor, a Letter of Commitment signed by both the US Prime and the subcontractor or all US JV entities and the subcontractor is required. This is also applicable for a US Prime when either the US Parent or a subsidiary’s or otherwise related entity’s experience is submitted for evaluation by the US Prime or US JV. Submission of .pdf copies of the “Letters of Commitment” is acceptable.

22. Question: Reference Solicitation, page 9 of 163, 2. Factor 1 – Experience, Item 1: What is the determining factor for whether a project is considered 50% complete; schedule, original construction cost, current construction cost, or some other metric?

Response: Refer to page 18 of 38 of Amendment 0001, Factor 1 – Experience, paragraph a. The” at least 50% complete” requirement shall be based on the date of the solicitation issuance which was 2 September 2014.

23. Question: Please advise on how the Organizational chart should reflect the relations between the various entities, especially between the QCM and Safety Manager.

Response: The offeror, in the review of the solicitation documents, which include the USACE

Specifications, shall determine and then depict in the Organizational Chart and characterize in the supporting Management Plan narrative the personnel relationships and communication requirements between their planned personnel for both Prime or JV and Subcontractor positions.

2. All other requirements of the solicitation as amended remain unchanged.

SECTION 00700 - CONTRACT CLAUSES

The following have been modified:

252.229-7001 TAX RELIEF (SEPT 2014)

(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government. The following taxes or duties have been excluded from the contract price:

NAME OF TAX: (VAT) RATE (PERCENTAGE): (18%)

(b) The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.

(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.

(End of clause)

The following included by full text have been revised:

252.223-7006 PROHIBITION ON STORAGE, TREATMENT, AND DISPOSAL OF TOXIC OR HAZARDOUS

MATERIALS--BASIC (SEP 2014)

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

Storage means a non-transitory, semi-permanent or permanent holding, placement, or leaving of material. It does not include a temporary accumulation of a limited quantity of a material used in or a waste generated or resulting from authorized activities, such as servicing, maintenance, or repair of Department of Defense (DoD) items, equipment, or facilities.

Toxic or hazardous materials means--

(i) Materials referred to in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980 (42 U.S.C. 9601(14)) and materials designated under section 102 of CERCLA (42 U.S.C. 9602) (40 CFR Part 302);

(ii) Materials that are of an explosive, flammable, or pyrotechnic nature; or

(iii) Materials otherwise identified by the Secretary of Defense as specified in DoD regulations.

(b) In accordance with 10 U.S.C. 2692, the Contractor is prohibited from storing, treating, or disposing of toxic or hazardous materials not owned by DoD on a DoD installation, except to the extent authorized by a statutory exception to 10 U.S.C. 2692 or as authorized by the Secretary of Defense. A charge may be assessed for any storage or disposal authorized under any of the exceptions to 10 U.S.C. 2692. If a charge is to be assessed, then such assessment shall be identified elsewhere in the contract with payment to the Government on a reimbursable cost basis.

(c) The Contractor shall include the substance of this clause, including this paragraph (c), in all subcontracts that require, may require, or permit a subcontractor access to a DoD installation, at any subcontract tier.

(End of clause)

(End of Summary of Changes)