Amendment_0002_W912GB-16-R-0030_Site_13580_Israel.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 REFER TO SF30 CONTINUATION SHEET UNDER SECTION 00 20 00 - INSTRUCTIONS FOR PROCUREMENT

1. CONTRACT ID CODE PAGE OF PAGES

J 1 7

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

16C. DATE SIGNED

BY 24-May-2016

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 W912GB-16-R-0030

X 9B. DATED (SEE ITEM 11)

22-Apr-2016

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 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

24-May-2016

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 CODECODE

EMAIL:TEL:

W912GB-16-R-0030

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SECTION 00 00 00 - PROCUREMENT AND CONTRACTING REQUIRMENTS

SUMMARY OF CHANGES

SECTION 00 00 00 - PROCUREMENT AND CONTRACTING REQUIRMENTS

The required response date/time has changed from 06-Jun-2016 03:00 PM to 13-Jun-2016 03:00 PM.

Proposals are due on 13-June-2016 by 15:00 hours Central European Summer Time (CEST). Proposals shall be received at: U.S Army Corps of Engineers-Europe District, Contracting Division, Attn: Oksana Strekha, 7th Floor, Room 709A, Konrad-Adenauer Ring 39, D-65187 Wiesbaden, Germany5. Payment and Performance Bonds must be furnished within 10 calendar days after award.

SECTION 00 10 00 - SOLICITATION, CONTRACT LINE ITEM NUMBER (CLIN) SCHEDULE

CLIN 0002

The CLIN extended description has changed from Construction to extend the existing western runway and construction of a new western taxiway (apron) connecting from western runway to the facilities as described in the solicitation documents. Period of Performance for this CLIN is in accordance with attached Price Schedule.

to Construction to extend the existing western runway and construction of a new western taxiway (apron) connecting from western runway to the facilities as described in the solicitation documents. Period of Performance for this CLIN is in accordance with attached Price Schedule. Option 1 will not be awarded until 60 days after the base award NTP..

CLIN 0007

The CLIN description has changed from Option 6-Installation of Hangar Gates to Option 6-Supply & Installation of Hangar.

The CLIN extended description has changed from Installation of twelve (12) aircraft hangar gates including all required utilities and infrastructure as described in the solicitation documents. Period of Performance for this CLIN is in accordance with attached Price Schedule.

to Supply and Installation of twelve (12) aircraft hangar gates including all required utilities and infrastructure as described in the solicitation documents. Period of Performance for this CLIN is in accordance with attached Price Schedule.

SECTION 00 20 00 - INSTRUCTIONS FOR PROCUREMENT

The following have been added by full text:

SF-30 CONTINUATION SHEET

The purpose of this Amendment 0002 is to:

A. Provide the following:

1) Attachment 10 - Price Schedule (Revision 01, 23-May-2016)

2) Attachment 11 - SRs document (Revision 01, 23-May-2016)

3) Attachment 12 - Special Specifications (Revision 01, May-2016)

4) Attachment 16 - Drawings List (Revision 01, 23-May-2016)

5) Attachment 17a1_a2 - Architectural (Revision 01)

6) Attachment 17c - Structural (Revision 01)

7) Attachment 17d - Electrical (Revision 01)

8) Attachment 17e - Fuel (Revision 01)

9) Attachment 17h - Plumbing (Revision 01)

10) Attachment 17i - Site Development

11) Attachment 18 - Responses to RFIs (1-87)

12) Attachment 19 - 13580 Site Photos

13) Attachment 20 - DWG file for earthworks

B. Extend the Proposal Due Date from 06-June-2016 to 13-June-2016 at 15:00 Central European Summer Time (CEST).

SECTION 00 72 00 - GENERAL CONDITIONS

The following have been modified:

ISRAEL CLAUSES

TAX CLAUSE: TAXES IMPOSED BY THE GOVERNMENT OF ISRAEL

1. General:

Contractors and subcontractors will be required to pay all taxes, duties, or other charges levied by the

Government of Israel (GOI) in accordance with Israeli law and regulations. Certain expenditures for taxes, duties or similar charges will be reimbursable to the prime contractor as provided in this clause. Bid prices shall not include the value of taxes for which the contractor will be reimbursed.

2. Definitions:

a. Direct taxes: As used in this clause, direct taxes are: personal income and employment taxes for third country national workers imported into Israel exclusively for work on this contract or other contracts under a Letter Of Offer & Acceptance (LOA)# (To be determined by Task Order); Direct taxes will be reimbursed based upon actual expenses incurred by the contractor and subcontractors under procedures set out in this clause.

Personal Income and Employment Taxes for Third Country Nationals:

1) For proposes of this clause, Third Country Nationals (TCNs) are those persons who are nationals of countries other than the United States or Israel.

2) The tax exemption for TCN personal income and employment taxes on earnings is limited to those third country nationals who enter Israel as employees of the contractor or subcontractors to work exclusively on this contract or other contracts under LOA# IS-B-HBI. As an interim measure, for a limited time only, the GOI has agreed to extend coverage of this exemption to TCNs who did not enter Israel to work on projects under this LOA.

3) At least 15 days prior to the arrival of TCNs at the job site, the Contractor will provide the Contracting Officer with the following information for each TCN employee:

Full Name Date of Birth Place of Birth Citizenship Passport Number, date and place of issuance Visa Information Current Residence

The Contracting Officer will forward this information to the GOI and the GOI will verify eligibility for tax exemption. The Contracting Officer will notify the contractor upon verifications by the GOI that the submitted employees have qualified for tax exempt status.

4) The contractor and/or subcontractors shall not withhold personal income taxes from the wages of qualifying TCN employees. The contractor and/or subcontractors will pay all income taxes required by Israeli law to the appropriate agencies/jurisdictions for qualifying TCN employees.

5) Income and employment taxes paid for qualifying employees of the contractor and subcontractors will be itemized on monthly contractor invoices to the U. S. Government. For each qualifying employee, invoices will include the amount and type of taxes paid, period for which taxes were paid, and employee earnings for the period. The contractor will require all subcontractors to provide this information to the contractor for qualifying employees of the subcontractors. Invoices submitted more than 90 days after the taxes were paid by the contractor will not be reimbursed.

6) TCN personal income and employment taxes paid will be reimbursed in U. S. dollars to contractors as part of their regular periodic payments, after approval of invoices by the Contracting Officer. Reimbursement will be based upon exchange rates in effect on the date the contractor paid the taxes. For this purpose, the exchange rate shall be the rate in use by the U. S.

Embassy in Tel Aviv.

b. Indirect taxes: As used in the clause, all duties, charges and fees levied by the GOI other than those defined in this clause as 'direct taxes' will be considered to be 'indirect taxes'. Reimbursement of indirect taxes will not be done on actual cost basis. Indirect taxes will be reimbursed to the contractor as a percentage of contract amount. Under this contract, a percentage (1.263%) of the contract price will be paid to the contractor in U. S.

dollars as a full and complete reimbursement for indirect taxes paid. The percentage of reimbursement is not subject to adjustment and cannot be the subject of a claim under the disputes provision of this contract. Payments to the contractor for indirect taxes will be based upon contract earnings as shown on approved invoices to the U. S.

Government for progress payments.

3. Value Added Tax (VAT)

a. The contractor, or the contractor's legal representative in Israel, will be required to register with the GOI VAT authorities, in accordance with GOI law and regulation.

b. For Israeli VAT paid by the contractor to subcontractors, suppliers, or others, the contractor shall seek reimbursement directly from the VAT authorities. For proposes of this clause, this is considered to be the input tax.

c. For every invoice the contractor submits to the U. S. Government, the contractor should add a separate line reflecting Israeli VAT at the appropriate rate. The U. S. Government will not pay the amount of the VAT line.

Reimbursement of VAT other than input tax will occur in the specified way below:

The contractor is required to pay VAT to the GOI VAT authorities at the normal rate (currently17.0%). In this event, the contractor will submit to the MOD an invoice in Shekels for the VAT. The invoice to the MOD should reflect the VAT on the amount of the approved U. S. Government invoice. A copy of the contractor's approved invoice to the U. S. Government should be attached to the invoice to MOD.

The contractor will be paid by the GOI MOD for VAT in Israeli Shekels, based upon its invoice to MOD. The contractor will than pay the VAT to the VAT authorities. The details of the process for reimbursement will be established between the contractor and the Ministry of Defense prior to the start of construction.

d) For pricing proposes, the contractor should not include VAT in the contract prices.

4. Third Country National Tax Plan:

The proposal submitted under this solicitation shall include a Third Country National (TCN) Tax Plan which shall include: (1) an estimate of the amount of TCN personal income and employment taxes expected to be incurred in performance of the contract; and, (2) a projected expenditure schedule showing when the contractor expects to incur these costs over the duration of the contract. Submission of the plan and acceptance of the contractor's proposal by the Contracting Officer will not constitute agreement to minimum level of reimbursement nor will it be a limitation on reimbursement to the contractor. The plan must address subcontractors as well as the prime contractor.

The TCN Tax Plan submitted as part of the contractor's proposal is made a part of this contract. In the event of significant changes in expenditure levels or timing of TCN workers during performance of the contract, an updated plan, along with justification for any changes, must be resubmitted by the contractor for Contracting Officer approval. The Contracting Officer will not unreasonably withhold approval for changes in the plan.

The requirement for submission of a TCN Tax Plan does not constitute a requirement to use TCN labor on the project, not is it a warranty of the availability of TCN labor. Ensuring adequate manpower to perform the work and decision concerning the makeup of the labor force are the responsibility of the contractor, acting within the laws and regulations of the State of Israel.

(End of Clause)

IMMUNITY FROM LEGAL PROCESS (USEUCOM CLAUSE JUL 1966-E)

The contractor agrees to indemnify and save harmless the United States Government against all claims and suits of whatsoever nature arising under or incidental to the performance of this contract by any subcontractor against the United States Government. The Contractor further agrees to waive his rights to bring suit or other legal action against the United States Government, except as provided in the Disputes clause of this contract and in the United States Federal Statutes.

BREACH

United States law will apply to resolve any applicable claim of breach of this contract

GOVERNMENT OF ISRAEL

The contractor waives any rights it may have to bring legal actions against the Government of Israel with respect to any matter arising out of or relating to, activities of the Government of Israel with respect to technical reports, designs, estimates, or similar documents prepared by the Government of Israel, its employees or contractors in connection with this contract, regardless of whether such legal actions are characterized as sounding in contract or tort. The contractor further agrees to indemnify and save harmless, the Government of Israel against all claims and suits of whatsoever nature arising out of or relating to activities of the Government of Israel with respect to technical reports, designs, estimates or similar documents prepared by the Government of Israel, its employees or contractors.

COMPLIANCE WITH HOST COUNTRY RULES AND CUSTOMS

a. The laws of Host Country may prohibit access to certain areas of the country which are under military control.

The Contractor shall be responsible for advising the Contracting Officer's Representative of the names of personnel, type, and amounts of equipment, dates and length of time required at the site, and purpose of entering the host country, so that proper clearances may be obtained from the Host Government. It is understood that areas to which rights of entry are provided by the Host Government are to be used only for work carried out under the contract and no destruction or damages shall be caused, except through normal usage, without concurrence of the Host Government.

b. The following items are the sole responsibility of the Contractor to investigate, estimate as to cost, and assume the risk, as normally encountered by Contractors. The Contractor shall be responsible for determining the effect of the following on his own cost of performance of the contract and for including sufficient amount in the contract price:

- Official language and type of accounts required to satisfy the officials of the Local Government.

- Entry and exit visas, residence permits, and residence laws applicable to aliens. This includes any special requirements of the Host Government, including those required by local Labor Offices, which the Contractor may have to fulfill before an application for a regular block of visas will be accepted.

- Passports, health and immunization certificates, and quarantine clearance.

- Compliance with local labor and insurance laws, including payment of employer's share of contribution, collecting balance from employee and paying into insurance funds.

- Strikes, demonstrations and work stoppage.

- Collection through withholding and payment to local Government, of any Host Country income tax on employees subject to tax.

- Arranging to perform work in the Host Country, to import personnel, to employ non-indigenous labor, to receive payments and to remove such funds from the country.

- Operating under local laws, practices, customs and controls, and with local unions, in connection with hiring and firing, mandatory wage scales, vacation pay, severance pay, overtime, holiday pay, 7th day of rest, legal notice or pay in lieu thereof for dismissal of employees, slowdown and curtailed schedules during religious holidays, and ratio of local labor employed in comparison to others.

- Possibility of claims in local bureaus, litigation in local courts, or attachment of local bank accounts.

- Compliance with workmen's compensation laws and contributions into funds. Provisions of necessary medical service for Contractor employees.

- Special license required by the local Government for setting up and operating any manufacturing plant in the Host Country, e.g. concrete batching, precast concrete, concrete blocks, etc.

- Sales within the host country of Contractor-owned materials, and equipment.

- Special licenses for physicians, mechanics, tradesmen, drivers, etc.

- Identification and/or registration with local police of imported personnel.

- Stamp tax on documents, payments and payrolls.

- Base passes for permanent staff, day laborers, motor vehicles, etc.

- Compliance with all customs and import rules, regulations and restrictions, including, but not limited to, local purchase requirements.

(End of Summary of Changes)