W912PB18Q3203-0002_Amendment_2.pdf

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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

See Summary of Changes

1. CONTRACT ID CODE PAGE OF PAGES

J 1 13

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

16C. DATE SIGNED

BY 10-Sep-2018

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 W912PB18Q3203

X 9B. DATED (SEE ITEM 11)

20-Aug-2018

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 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

10-Sep-2018

CODE

RCO BAVARIA

AMERIKANISCHE BESCHAFFUNGSSTELLE

GEB 542

92655 GRAFENWOEHR LAGER

GERMANY

W912PB 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912PB18Q3203

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

SECTION SF 1449 - CONTINUATION SHEET

SUMMARY OF CHANGES

The purpose of this amendment is to answer vendor questions and make the following changes:

Questions and Answers

Questions and answers from industry:

Question 1: Regarding the mattress and the bunk frames, are these going to Germany directly?

Answer: Correct, they are going directly to Germany.

Question 2: You have photos of 2 similar types’ bunk beds (see attachments). Is there one your customer prefers over the other?

Answer: There is no preference regarding the brand or type of bunk bed provided, any proposed bed frame/mattress that meets the specifications in Attachment 1 – Bunk Bed and Mattress Specification, which is a requirement in order to be considered for award.

Question 3: When goods are delivered to base, is there a warehouse that goods can be accepted and stored in and then retrieved from during the installation?

To explain, warehouse usually accepts goods at time of delivery. If not, then goods would have to remain in containers at staging site for access during installation. We are talking about thirteen

(13) 40 foot high cube containers in total. This scenario of having to store containers on site adds to the overall line item pricing.

Answer: A warehouse will not be available, however, a staging/storage area will be provided on site starting on 25 January 2019, no other time for staging is available before this timeframe due to scheduled base activities.

Question 4: Can invoicing be done for CLIN 0001 and 0002 when goods are delivered and then again for CLIN 0003 and 0004 after installation is completed?

To explain, goods in this situation are usually invoiced at time of delivery and then again upon installation completion. There is a significant time lapse of an estimated 4-5 weeks between the time of delivery and the installation completion.

Answer: Yes, this is acceptable.

Question 5: It is from the offeror required to give a delivery date under 52-212-2?

Answer: Correct, however, the delivery date can be different then the installation/assembly date.

As stated in the answer to question 3, a staging/storage area will be available starting on 25 January 2019. Due to base activities, the installation/assembly needs to take place between 4 February 2019 and 14 February 2019, during normal business hours which are from 0730-1630 HRS Monday - Friday.

Question 6: For the offer, you need 4 prices, 2 material prices and 2 service prices?

Answer: Pricing should be completed in accordance with the current Contract Line Item Number (CLIN) structure. CLIN 0001 - Single Stackable Metal Beds and CLIN 0002 – Mattresses account for the delivery of said items. CLIN 0003 – Installation of Bunk Beds and Mattresses and CLIN 0004 – Removal of Bunk Beds and Mattresses account for installation and removal, respectively.

Question 7: When “delivery date” is written, do you mean the delivery date of the installed bunk beds or only the delivery of the material?

Answer: Please see the answer to question 5, the materials can be delivered to the designated staging area on 25 January 2019, the installation and assembly needs to be completed between 4 February 2019 and 14 February 2019.

Question 8: How is the organization planned from your side? How much time max, do you grant the offeror to install the beds?

Answer: Upon award, the Contractor will be provided instructions for the predesignated staging areas within Camp Albertshof, the staging areas can be utilized starting on 25 January 2019. The installation/assembly and removal phase needs to be completed between 4 February 2019 and 14 February 2019.

Question 9: Between installation and removal how much time is planned?

Answer: Please see the answer to question 8.

Question 10: Does the offeror have the possibility to submit a partial invoice in-between?

Answer: Please see the answer to question 4.

Question 11: You asked for 500 supplementary mattresses, which will be stored in a warehouse on base.

Answer: Multiple buildings within the Civilians on the Battlefield (COB) zone have been predesignated as staging/storage area for the 500 supplementary mattresses on Camp Albertshof, instructions to this location will be provided to the Contractor at time of award.

Question 12: Does the delivery of these supplementary mattresses belong to the quote of “installation” or “removal”?

Answer: Delivery of mattresses is associated with CLIN 0002 – Mattresses.

Question 13: Stackable double bed: Please be aware that the requested floor clearance 56 ‐ 60 cm is not a standard rather a custom‐ made product. Standard is 50 cm, like in the picture of "furniture requirement specifics". -> Is 50 cm also acceptable?

Answer: The floor clearance range specification has changed from

“56 – 60 cm”

To:

“50 – 60 cm”

Attachment 1 – Bunk Bed and Mattress Specifications has been updated to reflect this change.

Question 14: The space between the lower and upper levels should be between 123 to 127 cm for easy access. -> Do you count it from frame to frame or from the top of the mattress to the upper frame? Is a space of 115 also acceptable?

Answer: The space between the lower bunk frame to the upper bunk frame has changed from:

“123 – 127 cm”

To:

“115 – 127 cm”

Attachment 1 – Bunk Bed and Mattress Specifications has been updated to reflect this change.

Question 15: Are Chinese products acceptable?

Answer: This question was addressed within Amendment – 1, but further clarification is needed.

The answer provided in Amendment -1 was yes, Chinese products are acceptable. However, the Contracting Officer has determined that WTO GPA and FTAs apply to this acquisition.

Therefore, only U.S.-made or designated country end products will be accepted, unless offers for such end products are either not received or are insufficient to fill the requirement. Please see clause 52.225-5 Trade Agreements and 52.225-6 Trade Agreements Certificate, incorporated by solicitation amendment 2 for more information.

*Note: Questions submitted after 12 September 2018 will not be answered.

Summary of Changes to Solicitation

1. CLIN 0001

CLIN description has changed from:

“Bunk Beds”

To:

“Single Stackable Metal Beds”

2. CLIN 0001 extended description has changed from:

“Purchase of bunk beds, see Attachment 1 - Bunk Bed and Mattress Specifications for characteristics.”

To:

“Purchase of 3,380 single metal beds that are stackable to form 1,690 bunk beds, with the inclusion of 1,690 metal ladders, see Attachment 1 - Bunk Bed and Mattress Specifications for characteristics.”

3. The product description verbiage within Attachment 1 – Bunk Bed and Mattress Specifications has changed from:

“Stackable double bed, metal including two single beds, ladder and each bed can be used as single bed”

To:

“3,380 single metal beds that are stackable to form 1,690 bunk beds, with the inclusion of 1,690 metal ladders.”

4. The verbiage pertaining to delivery, installation, and assembly within Attachment 1 – Bunk Bed and Mattress Specifications has changed from:

“Including delivery, installation and assembly”

To:

“Including delivery”

This was changed in order to avoid confusion for invoicing purposes, delivery applies to CLIN 0001 – Single Stackable Metal Beds, while installation and assembly applies to CLIN 0003 installation of Bunk Beds and Mattresses.

5. The following clauses have been added by full text: 52.225-5 Trade Agreements, 52.225-6 Trade Agreements Certificate, in addition, the following clause was previously included by reference and is now included by full text: 252.225-7012 Preference For Certain Domestic

SECTION SF 1449 - CONTINUATION SHEET

The following have been added by full text:

52.225-5 TRADE AGREEMENTS (OCT 2016)

(a) Definitions. As used in this clause.

“Caribbean Basin country end product”

(1) Means an article that—

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

(B) In the case of an article 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 article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed; and

(ii) Is not excluded from duty-free treatment for Caribbean countries under 19 U.S.C. 2703(b).

(A) For this reason, the following articles are not Caribbean Basin country end products:

(1) Tuna, prepared or preserved in any manner in airtight containers;

(2) Petroleum, or any product derived from petroleum;

(3) Watches and watch parts (including cases, bracelets, and straps) of whatever type including, but not limited to, mechanical, quartz digital, or quartz analog, if such watches or watch parts contain any material that is the product of any country to which the Harmonized Tariff Schedule of the United States (HTSUS) column 2 rates of duty apply (i.e., Afghanistan, Cuba, Laos, North Korea, and Vietnam); and

(4) Certain of the following: textiles and apparel articles; footwear, handbags, luggage, flat goods, work gloves, and leather wearing apparel; or handloomed, handmade, and folklore articles;

(B) Access to the HTSUS to determine duty-free status of articles of these types is available at http://www.usitc.gov/tata/hts/. In particular, see the following:

(1) General Note 3(c), Products Eligible for Special Tariff treatment.

(2) General Note 17, Products of Countries Designated as Beneficiary Countries under the United States—Caribbean Basin Trade Partnership Act of 2000.

(3) Section XXII, Chapter 98, Subchapter II Articles Exported and Returned, Advanced or Improved Abroad, U.S. Note 7(b).

(4) Section XXII, Chapter 98, Subchapter XX Goods Eligible for Special Tariff Benefits under the United States—Caribbean Basin Trade Partnership Act; and

(2) Refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the acquisition, includes services (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself.

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Croatia, 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, Moldova, Montenegro, Netherlands, New Zealand, 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)”), Ukraine, or United Kingdom);

(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, 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, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, 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 end product means a WTO GPA country end product, an FTA country end product, a least developed country end product, or a Caribbean Basin country end product.

“End product” means those articles, materials, and supplies to be acquired under the contract for public use.

Least developed country end product means an article that--

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

(2) In the case of an article 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 article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product, includes services (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself.

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

“U.S.-made end product” means an article that is mined, produced, or manufactured in the United States or that is substantially transformed in the United States into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed.

WTO GPA country end product means an article that--

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

(2) In the case of an article 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 article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services, (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself.

(b) Delivery of end products. The Contracting Officer has determined that the WTO GPA and FTAs apply to this acquisition. Unless otherwise specified, these trade agreements apply to all items in the Schedule. The Contractor shall deliver under this contract only U.S.-made or designated country end products except to the extent that, in its offer, it specified delivery of other end products in the provision entitled ``Trade Agreements Certificate.''

(End of clause)

52.225-6 TRADE AGREEMENTS CERTIFICATE (MAY 2014)

(a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled ``Trade Agreements.''

(b) The offeror shall list as other end products those supplies that are not U.S.-made or designated country end products.

Other End Products

Line Item No.:

Country of Origin:-----------------------------------------------------

(List as necessary),

(c) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for those products are insufficient to fulfill the requirements of this solicitation.

(End of provision)

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

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2017)

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

Component means any item supplied to the Government as part of an end product or of another component.

End product means supplies delivered under a line item of this contract.

Qualifying country means a country with a reciprocal defense procurement memorandum of understanding or international agreement with the United States in which both countries agree to remove barriers to purchases of supplies produced in the other country or services performed by sources of the other country, and the memorandum or agreement complies, where applicable, with the requirements of section 36 of the Arms Export Control Act (22 U.S.C. 2776) and with 10 U.S.C. 2457. Accordingly, the following are qualifying countries:

Australia Austria Belgium Canada Czech Republic Denmark Egypt Estonia Finland France Germany Greece Israel Italy Japan Latvia Luxembourg Netherlands Norway Poland Portugal Slovenia Spain Sweden Switzerland Turkey United Kingdom of Great Britain and Northern Ireland.

Structural component of a tent--

(i) Means a component that contributes to the form and stability of the tent (e.g., poles, frames, flooring, guy ropes, pegs);

(ii) Does not include equipment such as heating, cooling, or lighting.

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

U.S.-flag vessel means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.

(b) The Contractor shall deliver under this contract only such of the following items, either as end products or components, that have been grown, reprocessed, reused, or produced in the United States:

(1) Food.

(2) Clothing and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally associated with, clothing and the materials and components thereof. Clothing includes items such as outerwear, headwear, underwear, nightwear, footwear, hosiery, handwear, belts, badges, and insignia.

(3) (i) Tents and structural components of tents;

(ii) Tarpaulins; or

(iii) Covers.

(4) Cotton and other natural fiber products.

(5) Woven silk or woven silk blends.

(6) Spun silk yarn for cartridge cloth.

(7) Synthetic fabric, and coated synthetic fabric, including all textile fibers and yarns that are for use in such fabrics.

(8) Canvas products.

(9) Wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles).

(10) Any item of individual equipment (Federal Supply Class 8465) manufactured from or containing fibers, yarns, fabrics, or materials listed in this paragraph (b).

(c) This clause does not apply--

(1) To items listed in section 25.104(a) of the Federal Acquisition Regulation (FAR), or other items for which the Government has determined that a satisfactory quality and sufficient quantity cannot be acquired as and when needed at U.S. market prices;

(2) To incidental amounts of cotton, other natural fibers, or wool incorporated in an end product, for which the estimated value of the cotton, other natural fibers, or wool--

(i) Is not more than 10 percent of the total price of the end product; and (ii) Does not exceed the simplified acquisition threshold in FAR part 2;

(3) To waste and byproducts of cotton or wool fiber for use in the production of propellants and explosives;

(4) To foods, other than fish, shellfish, or seafood, that have been manufactured or processed in the United States, regardless of where the foods (and any component if applicable) were grown or produced. Fish, shellfish, or seafood manufactured or processed in the United States and fish, shellfish, or seafood contained in foods manufactured or processed in the United States shall be provided in accordance with paragraph (d) of this clause;

(5) To chemical warfare protective clothing produced in a qualifying country; or

(6) To fibers and yarns that are for use in synthetic fabric or coated synthetic fabric (but does apply to the synthetic or coated synthetic fabric itself), if--

(i) The fabric is to be used as a component of an end product that is not a textile product.

Examples of textile products, made in whole or in part of fabric, include--

(A) Draperies, floor coverings, furnishings, and bedding (Federal Supply Group 72, Household and Commercial Furnishings and Appliances);

(B) Items made in whole or in part of fabric in Federal Supply Group 83, Textile/leather/furs/apparel/findings/ tents/flags, or Federal Supply Group 84, Clothing, Individual Equipment and Insignia;

(C) Upholstered seats (whether for household, office, or other use); and

(D) Parachutes (Federal Supply Class 1670); or

(ii) The fibers and yarns are para-aramid fibers and continuous filament para-aramid yarns manufactured in a qualifying country.

(d)(1) Fish, shellfish, and seafood delivered under this contract, or contained in foods delivered under this contract--

(i) Shall be taken from the sea by U.S.-flag vessels; or

(ii) If not taken from the sea, shall be obtained from fishing within the United States; and

(2) Any processing or manufacturing of the fish, shellfish, or seafood shall be performed on a U.S.-flag vessel or in the United States.

(End of clause)

(End of Summary of Changes)

General Information

Government Points of Contract Contract Specialist: John McGuire

COMM: (+49) 09641-83-8715

DSN: 314-475-8715

E-mail: john.e.mcguire14.civ@mail.mil