Amendment0001.pdf

0010999377 ES-00240-3P

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 page 2 for details.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 6

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

16C. DATE SIGNED

BY 19-Apr-2017

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 W912PF-17-R-0016

X 9B. DATED (SEE ITEM 11)

12-Apr-2017

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

19-Apr-2017

CODE

414TH CSB RCO ITALY SUBOFFICE LIVORNO

VIA AURELIA, EDIFICIO 5131

ZONA DEPOSITO

56128 TIRRENIA (PISA)

W912PF 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912PF-17-R-0016

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 0001

The purpose of this amendment is as follows:

a) to correct a mistake occurred during the issuance of solicitation i.e. the information indicated at block #11 of Standard Form 1442 were reversed, and

b) to change Section L, Paragraph III "Documentation requied for the determination of responsibility".

SECTION A - SOLICITATION/CONTRACT FORM

The contractor period of performance begin date has decreased by 110 days from 120 days to 10 days.

The contractor period of performance end date has increased by 110 days from 10 days to 120 days.

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

The following have been modified:

SECTION L

A. Each offeror shall provide a lump sum price in Euro currency and without IVA tax for all contract line item(s) in the bid schedule.

B. An authorized official of the firm shall sign:

- The SF 1442:

C. To be awarded a government contract you MUST have DUNS (Dun & Bradstreet) (http://fedgov.dnb.com/webform ) and NCAGE (www.dlis.dla.mil/Forms/Form_AC135.asp) numbers and be registered in SAM Registration ((https://www.sam.gov).

D. Proposal Copies: One electronic (CD-R or DVD-R) copy of the proposal shall be submitted. The CD-ROM or DVD shall be “Read only” and all documents shall be submitted in Microsoft Office (version 2007 compatible) formats or Adobe Acrobat (PDF). No e-mail submissions will be accepted. One electronic copy only for the technical factors and non price factor shall be submitted.

I. DOCUMENTATION REQUIRED FOR THE EVALUATION

1. Failure to address all the mandatory requirements may cause the proposal to be disqualified from further consideration.

2. The offeror is responsible for submitting a well-written proposal, with adequately detailed information, which clearly demonstrates compliance with the solicitation requirements.

FACTOR:

TECHNICAL FACTOR I – PAST EXPERIENCE

The offeror shall demonstrate recent and relevant experience in scope, complexity and price. The Government will evaluate the information concerning at least three (3) projects provided by the offeror on the Past Experience Questionnaire (Attachment#2) (in English). In order to be considered relevant the value of each project shall be at least Euro 89,900.00 ($100,000.00). In addition, each project shall be of similar scope, size and complexity concerning, but not limited, to repair of railroad crossings (for example: maintenance and / or repair of railroad). In order to be considered recent the past contracts must be ongoing or completed within five (5) years from the date of this solicitation as identified on Page 1, Block 3.

NON-PRICE FACTOR II - PAST PERFORMANCE

The Government will evaluate the information provided on the Past Performance Questionnaire (Attachment # 3) (in English). In order to be considered relevant the value of each project shall be at least Euro 89,900.00 ($100,000.00). In addition, each project shall be of similar scope, size and complexity concerning, but not limited, to repair of railroad crossings (for example: maintenance and / or repair of railroad). In order to be considered recent the past contracts must be ongoing or completed within five (5) years from the date of this solicitation as identified on Page 1, Block 3.

The offeror is encouraged to submit past performance information with evidence of customer satisfaction such as performance evaluation, special commendation, recognition , letters of appreciation, “ certificato di regolare esecuzione” o “collaudo finale” photographs of the projects , etc.

FACTOR III : PRICE

Offerors are required to fill in the lump sum prices for CLIN 0001

II. DOCUMENTATION REQUIRED BY THE SOLICITATION

A. BID GUARANTEE: The offeror shall submit the bid guarantee in the amount of 20% of the bid. The bid guarantee shall be released by a bank.

B. PERFORMANCE BOND: The offeror shall provide the performance bond in the amount of 30% of the contract amount within 15 calendar days from the award date. The performance bond shall be released by a bank.

C. SOA CERTIFICATION: The applicable SOA(s) for this project is / are as follows:

Applicable SOA Category and Classification: SOA OS29, Classification III (or higher) or SOA OG3, classification IV "in corso di validita' certificante la qualificazione per prestazione, progettazione e costruzione".

Sub-contracting is allowed up to 25%. However, prime contractor must possess the required SOA. The name of the prime contractor shall be indicated in the SOA.

D. ANTI-MAFIA LAW REQUIREMENTS

1. Pre-Award Effect of Anti-Mafia Procedure: Inasmuch as the work of this solicitation is to be performed on land owned by the Italian State, the prospective contractor will be subject to Italian Law No. 646, of 13 September 1982, and subsequent integration and amendments. The solicitation data will be made available only to firms that meet the submittal requirements described in paragraph below. As much, in the event that prior to award any disciplinary actions or proceedings for Mafia related matters exist against the apparent low bidder, no award will be made to said low bidder.

2. Termination Under Italian Law No. 646 (Anti-Mafia): If during the life of this contract, any proceeding or disciplinary actions contemplated by Italian Law No. 646 of 13 September 1982 (and subsequent amendments and integration) is undertaken against any component of the Contractor or any Subcontractor, the Government can consider this a failure to execute the work and terminate the Contractor’s right to proceed with the work under the "DEFAULT" clause of this contract.

3. Application of Italian Law No. 646 (Anti-Mafia) To Subcontractors: In addition to the requirement in the "Subcontractors" clause if applicable to this contract, before the Contracting Officer can consent to any Subcontractors, the Contractor will be required to certify to the Contracting Officer that no disciplinary actions or proceedings for Mafia related matters exist against such Subcontractors.

4. Submittal Requirements: The offerors are required to submit the following:

a. An original copy, un-expired and not older than two months at the time of bid opening, of the Chamber of Commerce Certificate of Membership (Certificato di Iscrizione alla Camera di Commercio). The Certificate must include the statement transcribed below, required by art. 9 and of the D.P.R. no. 252 dated 3 June 1998: "Nulla osta ai fini dell’articolo 10 della Legge 31 Maggio 1965 n. 575, e successive modificazioni. La presente certificazione e’ emessa dalla CCIAA utilizzando il collegamento telematico con il sistema informativo utilizzato dalla Prefettura di Roma."

b. Original copies, un-expired and not older than one month at the time of the bid opening, of the Family Status and Residency Certificates of each and every member of the firm, as listed in the Chamber of Commerce Certificate of Membership (per Decreto Legislativo no. 490 of 8 Aug. 1994, published in the Gazzetta Ufficiale no. 186 of Aug.

10 1994).

ADDENDUM to ANTI-MAFIA LAW REQUIREMENTS

1. Regarding 4. (a) above: As it is no longer possible to include the statement “Nulla osta….” we request that you send us the Chamber of Commerce Certificate of Membership without the statement.

2. Therefore, we require that you also submit an Anti-Mafia Self-Certification document including the following:

“Che nulla osta ai fini dell’art. 10 della Legge 575/1965 e successive modificazioni” (NULLA OSTA – in accordance with art.10, Law no. 575, 31 May 1965 and subsequent modifications).

a. Company Name and Fiscal Code

b. Name of every member of the firm, as listed in the Chamber of Commerce Certificate of Membership (per Decreto Legislativo no. 490 of 8 Aug. 1994, published in the Gazzetta Ufficiale no. 186 of Aug. 10 1994). Include:

first and last name; sex; and date & place where they were born.

c. “Che non risulta iscritta nel registro delle Imprese, per la posizione anagrafica in oggetto, alcuna dichiarazione di procedura consorsuale, ai sensi della normativa vigente in materia.”

d. “Che non risulta iscritta nel registro delle Imprese, per la posizione anagrafica in oggetto, alcuna procedura consorsuale, ai sensi della normativa vigente in materia.”

E. POOL OF FIRMS (CONSORZIO STABILE): Any Permanent Pool of Firms (Consorzio Stabile) shall provide with the proposal the here below listed required document/certificate otherwise its proposal will be rejected as not in compliance with the requirement of the solicitation, if a determination is made to award the contract based on initial proposals without discussion.

A copy certified of the notarized legal document that established the Permanent Pool of Firms (Consorzio Stabile).

The name and addresses of all the associated firms. The associated firms are NOT allowed to submit their individual proposals under this solicitation otherwise the proposal of the Permanent Pool of Firms (Consorzio Stabile) and the proposal of any associated firm will be rejected. The names and the addresses of the associated firms proposed to perform the work.

III. DOCUMENTATION REQUIRED FOR THE DETERMINATION OF RESPONSIBILITY

The U.S. Government requires the offeror to submit the following documentation/certification to be satisfied that a prospective contractor currently meets the applicable standards in Federal Acquisition Regulation 9.104 – Standards.

A. DOCUMENTO UNICO DI REGOLARITĄ CONTRIBUTIVA (DURC)

The offeror shall provide with the proposal a copy certified and NOT older than ninety (90) days at the time set forth for the receipt of the offer of the DURC. (Documento Unico di Regolaritą Contributiva). Self certifications are NOT allowed. However, if the offeror has submitted a certified DURC to the issuing office (RCO Sub Office Livorno) within 90 days from the due date of this proposal, then the offeror may submit a copy of the previously certified DURC. The document MUST include the following statement otherwise the proposal will be rejected. “Con il presente documento si dichiara che l’impresa RISULTA REGOLARE ai fini del DURC”.

B. CERTIFICATE OF THE CHAMBER OF COMMERCE (CERTIFICATO DI ISCRIZIONE ALLA CAMERA

DI COMMERCIO) (ORDINARIO)

The offeror shall provide with the proposal a copy certified and NOT older than two (2) months at the time set forth for the receipt of the offer of the Chamber of Commerce Certificate of Membership (Certificato di Iscrizione alla Camera di Commercio). Self-certifications are NOT allowed. However, if the offeror has submitted a certified Chamber of Commerce Certificate of Membership to the issuing office (RCO Sub Office Livorno) within 90 days from the due date of this proposal, then the offeror may submit a copy of the previously certified Chamber of Commerce Certificate of Membership. The certificate must include the following statement otherwise the proposal will be rejected. "NULLA OSTA ai fini dell’articolo 10 della Legge 31 Maggio 1965, n. 575 e successive modificazioni. La presente certificazione e’ emessa dalla C.C.I.A.A. utilizzando il collegamento telematico con il sistema informativo utilizzato dalla Prefettura di Roma."

C. DICHIARAZIONE DEL POSSESSO DEI REQUISITI GENERALI (Statement of Possession of Mandatory Requirements): The offeror shall provide with the proposal a self-certification to the effect that the offeror has all the necessary qualifications in accordance with Article 17 of the Italian Decree of the President of the Republic (D.P.R.)

dated 25 January 2000 number 34 using the Attachment #6 titled “DICHIARAZIONE DEL POSSESSO DEI REQUISITI GENERALI”. Each self-certification shall be accompanied by a copy of a valid unexpired identity card of the individual making the self-certification.

D. DICHIARAZIONE DEL POSSESSO DEI REQUISITI GENERALI BIS (Statement of Possession of Mandatory Requirements-Additional Information): The offeror shall provide with the proposal a self certification to the effect that the offeror has all the necessary qualifications in accordance with Article 17 of the Italian Decree of the President of the Republic (D.P.R.) dated 25 January 2000 number 34 using the Attachment #7 titled “DICHIARAZIONE DEL POSSESSO DEI REQUISITI GENERALI BIS”. Each self-certification shall be accompanied by a copy of a valid unexpired identity card of the individual making the self-certification.

E. EXTRACT OF THE REGISTRATION BOOK (ISTITUZIONE DEL LIBRO UNICO): The offeror shall provide with the proposal a copy or a photocopy of the Extract Registration Book (ISTITUZIONE DEL LIBRO UNICO) listing the employees presently employed by the offeror.

F. EQUIPMENT LIST: The offeror shall provide with the proposal a list of all the major equipment presently in its possession.

G. BANK REFERENCE: The offeror shall provide a bank reference that discusses whether or not the offeror has an adequate financial resource to successfully complete the resultant contract.

H. PROFESSIONAL TECHNICAL CAPABILITY IN ACCORDANCE WITH DLGS NO. 81/2008

ATTACHMENT XVII (SAFETY LAW).

In order to verify compliance with the Italian DLGS No. 81/2008, Enclosure XVII (Safety Law), the offeror shall provide the below required documentation/certification. If the offeror has submitted the below information to the issuing office (RCO Sub Office Livorno) within 90 days from the due date of this proposal, then the offeror may reference that submission instead of submitting duplicate information. In its proposal, the offeror must reference the request for proposal number for which the information was previously submitted.

1. Photocopy of the Chamber of commerce, industry or craftsmanship certificate showing the company’s business trade related to the typology of the contract;

2. Evaluation of risks document as in Art. 17, Para. 1, Sub-Para. a), or self-certification as in Art. 29, Para. 5, of the same DLGS;

3. Specific documentation showing that machinery, equipment and provisional clauses are in conformance with what required by the DLGS;

4. List/s of individual safety/protective equipment issued to employees;

5. Appointment of a safety manager responsible for the implementation of preventive and protective safety measures;

of the individuals responsible for the fire prevention and fire-fighting measures, the evacuation procedures, for the management of emergencies, and qualified medical physician (doctor) when required;

6. Name/s of the employee’s safety representative/s;

7. Qualification certificates of the above mentioned individuals and employees as prescribed by the DLGS;

8. List of employees as they appear in the offeror’s Istituzione del Libro Unico and relative health records attesting they are medically fit, as required by the DLGS;

9. Photocopy of the record of social security contributions (DURC), as prescribed in D.M. 24 Oct 2007; and

10. Statement that no interim orders, negative administrative provisions or suspensions exists as specified in the Art. 14 of the DLGS no. 81/2008

(End of Summary of Changes)