W912PB23Q3045-Amendment 0001.pdf

0011922950

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

Purchase of a Tractor

RCO Bavaria point of contact for this Amendment: Regina Rueckschloss, telephone: 09641-70-526-8702, email: regina.rueckschloss.ln@army.mil see attached continuation page

1. CONTRACT ID CODE PAGE OF PAGES

J 1 5

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

16C. DATE SIGNED

BY 17-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 W912PB23Q3045

X 9B. DATED (SEE ITEM 11)

16-May-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

17-Jul-2023

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:

W912PB23Q3045

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

SUMMARY OF CHANGES (ADJUSTED)

a. The purpose of this Amendment is to re-open the Solicitation to modify Clause 52.212-2, to add Clause 52.204-27 and to extend the response date and time.

b. The required response date/time has changed from 29-Jun-2023 02:00 PM to 27-Jul-2023 02:00 AM.

c. Clause 52.212-2 has been modified as follows:

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose quote conforms to the solicitation. The Government will award a contract resulting from this solicitation based on a Lowest Price Technically Acceptable (LPTA) basis considering price to offeror compliant with the requirements in 52.212-1(b)(4) and technical factors.

Factor 1: Price:

The total evaluated price shall be the sum of all CLIN prices listed in the schedule of SF1449.

Currency: Offers submitted in response to this solicitation shall be in terms of local currency or U.S. Dollars.

The Government shall use the daily exchange rate of the solicitation closing date to convert local currency offers into U.S. Dollar for evaluation.

Evaluation of foreign currency offers will be in accordance with FAR clause 52.225-17. All supporting documentation shall reflect the same currency established in the price proposal.

Each offeror’s proposed price will be evaluated to determine whether it is fair and reasonable as per FAR 13.106-3.

Factor 2: Technical

Subfactor 1

SUBCONTRACTING: As required per FAR 52.212-1(b)(12), Subcontracting information is required to be provided. This will be evaluated as being Acceptable or Unacceptable.

Acceptable: An offer will be acceptable if it provides either:

(1) A statement that all deliveries under the contract shall be delivered exclusively by the offeror, or

(2) A list of proposed subcontractors, joint ventures, or other business partners that will provide work under the contract. The list must contain contact information for each company and explain what work each party will perform under the contract. In addition, the offeror must provide a letter of intent from each party on the list demonstrating intent to subcontract, partner or otherwise work with the offeror in the performance of the contract.

The letter must be written on that party’s letterhead and signed by an authorized representative.

Unacceptable: An offer will be unacceptable if it does not include either:

(1) A statement that all deliveries under the contract shall be delivered exclusively by the offeror, or

(2) A list of proposed subcontractors, joint ventures, or other business partners that will provide work under the contract. The list must contain contact information for each company and explain what work each party will perform under the contract. In addition, the offeror must provide a letter of intent from each party on the list demonstrating intent to subcontract, partner or otherwise work with the offeror in the performance of the contract.

The letter must be written on that party’s letterhead and signed by an authorized representative.

Please note:

The Government reserves the right to contact proposed subcontractors to verify letters of intent. In addition, as part of the government’s responsibility determination, the government reserves the right to require the submission of additional information that demonstrates the offeror’s ability to successfully perform the contract.

Subfactor 2

TRADE AGREEMENTS (End Product Certification). This will be evaluated as being Acceptable or Unacceptable.

Acceptable:

An offer will be acceptable if it includes:

A written statement certifying that:

(1) End Product Country of Origin is the United States; or,

(2) End Product Country of Origin is a “Qualifying Country” as defined by DFARS 252.225-7021; or,

(3) End Product Country of Origin is a “Designated Country” as defined by DFARS 252.225-7021.

Unacceptable: An offer will be unacceptable if it does not include:

A written statement certifying that:

(1) End Product Country of Origin is the United States; or,

(2) End Product Country of Origin is a “Qualifying Country” as defined by DFARS 252.225-7021; or,

(3) End Product Country of Origin is a “Designated Country” as defined by DFARS 252.225-7021.

Subfactor 3

PAST PERFORMANCE

(a) The Supplier Performance Risk System (SPRS) application (https://www.sprs.csd.disa.mil) will be used in the evaluation of suppliers’ past performance in accordance with DFARS 213.106-2(b)(i).

(b) SPRS collects quality and delivery data on previously awarded contracts and orders from existing Department of Defense reporting systems to classify each supplier’s performance history by Federal supply class (FSC) and product or service code (PSC). The SPRS application provides the contracting officer quantifiable past performance information regarding a supplier's quality and delivery performance for the FSC and PSC of the supplies being purchased.

(c) The quality and delivery classifications identified for a supplier in SPRS will be used by the contracting officer to evaluate a supplier’s past performance in conjunction with the supplier’s references (if requested) and other provisions of this solicitation under the past performance evaluation factor.

(d) The Product Service Code that will be used when retrieving information from SPSR is: 2420 Tractors

(e) The Quality Color ratings will be retrieved from SPSR based on the PSC code in (d) above and the CAGE code of the offeror.:

(f) A vendor who has no data in the SPSR system for the PSC code identified in (d) above will be rated as neutral.

(b) Options. N/A

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

d. Clause 52.204-27 has been added as follows:

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

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

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)--

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use-

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

Rating Description

Acceptable The Contractor is rated as acceptable if Quality color rating for their CAGE code and PSC in para

(d) above in SPSR is Green, Purple or Blue.

Additionally, if a vendor is rated as “neutral”, this will also result in an acceptable rating.

Unacceptable The Contractor is rated as unacceptable if Quality color rating for their CAGE code and PSC in para

(d) above in SPSR is Yellow or Red. received in

SPSR.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, "No TikTok on Government Devices" Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor's employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

(End of Summary of Changes)