W91B4N-18-R-0005_Amendment_1.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

The purpose of this amendment is to delete the Draft Watermark from the solicitation and to:

1. Change the due date in block 8 of the 1449;

2. Update the Statement of Work;

3. Update the description of the CLINs (not highlighted);

3. Update Addendum to Clause 52.212-1;

4. Include all questions and Government responses to this solicitation; and to,

5. Include Attachments 8-11 to this solicitation.

Please refer to the continuation page of this SF-30 for the details pertaining to this Amendment

NOTE: Changes in this amendment are highlighted in yellow except for the CLIN description.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 8

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

16C. DATE SIGNED

BY 16-Aug-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 W91B4N-18-R-0005

X 9B. DATED (SEE ITEM 11)

10-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 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-Aug-2018

CODE

REGIONAL CONTRACTING CENTER - EAST

BUILDING 13897

BAGRAM AF, AFGHANISTAN

APO AE 09354

W91B4N 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W91B4N-18-R-0005

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 17-Aug-2018 12:00 PM to 20-Aug-2018 12:00 PM.

SUPPLIES OR SERVICES AND PRICES

CLIN 0001

The CLIN extended description has changed from:

Deliver Helium 99% pure in accordance with SOW Paragraph 4.1.1. This requirement is based on a 24 month ordering period.

To:

Deliver Helium 99.995% pure in accordance with SOW Paragraph 4.1.1. This requirement is based on a 24 month ordering period.

TABLE OF CONTENTS

The below Table of Contents has been added

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 10 Attachment 10 Picture of

Helium Container Skid

30 16-AUG-2018

Attachment 11 Attachment 11 Pictures of Helium Container Plates

29 16-AUG-2018

Attachment 8 Attachment 8 Questions and Answers 16 August

3 16-AUG-2018

Attachment 9 Attachment 9 List of Helium Containers to be filled

1 16-AUG-2018

The following have been modified:

ADDENDUM TO FAR 52.212-1

ADDENDUM 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2018)

PROPOSALS SHALL BE VALID FOR 90 DAYS

1. GENERAL. This procurement will be awarded as a Firm Fixed Price type contract, considering price and past performance. The proposal will be evaluated in accordance with FAR 13.106-2(b).

a. The Government intends to award an Indefinite Delivery Indefinite Quantity (ID/IQ) 24 month ordering period requirement without discussions with Offerors (except for clarifications as described in FAR 15.306(a)). Therefore, the initial proposal should contain the Offerors best terms from a price standpoint. Offerors should not assume that they will be afforded the opportunity to clarify, discuss, or revise their proposal. However, the Government reserves the right to request clarifications or enter discussions if determined by the Contracting Officer to be necessary.

NOTE: The Offeror that receives this award shall immediately be awarded the first task order to deliver helium in accordance with paragraph 4.7.1 of the Statement of Work. The Government may reject any or all responses if not in accordance with the Federal Acquisition Regulation.

b. The Government reserves the right to cancel this solicitation and make no award. By responding to this request for proposal and submitting a proposal per FAR 13, the Contractor understands that the government shall not be liable for any costs incurred by the Offeror in response to this request for proposal.

c. All proposals will be evaluated in accordance with (IAW) section 52.212-2, Evaluation Factors for Award.

2. PROPOSAL SUBMISSION. The Offerors proposal shall be in the form prescribed by this solicitation and shall contain a response to each of the areas identified below in paragraph 4. All responses shall be in English, legible and prepared in the following general format to be properly evaluated. Responses must be complete, self-sufficient, and respond directly to the requirements of this Request for Proposal (RFP).

a. Electronic submission. The Offeror shall provide a copy of its proposal as an electronic file. By submission of a proposal on electronic media, the proposal shall ensure that the submission is readable, in the format specified in the solicitation. The proposal shall be emailed to Tracey Howard at tracey.l.howard8.civ@mail.mil before 12:00 pm local Afghanistan time as identified in Block 8.

b. To be eligible and responsive for award, prime and all subcontractors must be registered at the time the proposal is submitted and approved at time of award in Joint Contingency and Expeditionary Services (JCXS). U.S.

companies must also be registered and approved in JCXS and System for Award Management (SAM) by the award date. In addition, all subcontractors at all tiers who will be contracted by the prime during the life of the contract shall also be registered and approved in JCXS and SAM by the award date. The contractor is required to submit a listing of all proposed subcontractors, at all tiers, to the contracting officer by the proposal date. If no subcontractors are expected to perform during the life of the contract, the prime must submit a negative response to the contracting officer before the award date. Failure to be registered in JCXS and SAM at the prime and subcontractor levels and failure to inform the contracting officer of the names of all subcontractors (or provide a negative reply) may deem the proposal non-responsive and ineligible for award.

A "subcontractor" means any supplier, distributor, vendor, or firm (company) that furnishes supplies or services to or for a prime contractor or for another subcontractor.

3. Questions/Amendments/Exceptions.

a. Solicitation Questions. Offerors may email questions regarding this solicitation to Tracey Howard, Contract Specialist at tracey.l.howard8.civ@mail.mil. The Government will answer all questions received by 12:00 pm local Afghanistan Time, 8/13/2018 All e-mailed questions shall be submitted with the subject line as W91B4N-18- R-0005–Questions. The Government reserves the right not to respond to any questions received concerning this solicitation after the Solicitation Questions receipt date and time above. Accordingly, proposals are encouraged to carefully review all solicitation requirements and submit questions to the Government early in the solicitation process. Government responses to questions will be provided to all proposals.

b. Amendment. The Government reserves the right to revise or amend the specifications, drawings, or both, prior to and/or after the date set for receipt of proposals as necessary. Such revisions, if any, will be announced by an amendment(s) to this RFP. All information related to this RFP, including pertinent changes/amendments and information prior to the date set for receipt of proposal, will be announced through the Government website FedBizOpps at https://www.fbo.gov.

c. Exceptions. If the Offeror takes exception to any of the requirements specified in this solicitation, the

Offeror shall clearly identify each exception and include a complete explanation of why the exception was taken and what benefit it provides to the Government. All exceptions to the solicitation requirements (Sections B through H) and supporting rationale shall be included in an addendum to the proposal clearly labeled "Exceptions." An addendum is only required if the proposal takes exception to any requirement in the solicitation. The Addendum does not have a page limitation, but shall only include information relevant to exceptions taken to the solicitation requirements. The Government will assume the proposal takes no exceptions to any solicitation requirement if the proposal does not submit an Addendum identifying exceptions. Offerors are advised that solicitation requirements are not necessarily negotiable and such exceptions may render a contractor's proposal unacceptable and ineligible for award.

4. FORMAT AND CONTENT OF PROPOSAL. Each proposal shall be submitted as set forth below and all information shall be confined to the appropriate part to facilitate independent evaluation. Proposals which do not include the requested minimum information, will be deemed non-responsive to the solicitation and will be eliminated from further consideration for award at the Government’s discretion.

Price. Information and required documents. Offeror shall provide all price information necessary to provide a meaningful basis for Government's analysis and evaluation of price for the project set forth in this solicitation. Prices shall include all related costs, (i.e., labor, wages, transportation, etc...), if applicable. The Government reserves the right to request other than certified cost and pricing data as needed.

Schedule B - Complete in its entirety Standard Form (SF) 1449 blocks 30a through 30c; and Contract Line Item (CLIN) 0001. Note: IAW FAR 4.102 Block 30a on the SF 1449 "Individuals. A contract with an individual shall be signed by that individual. A contract with an individual doing business as a firm shall be signed by that individual, and the signature shall be followed by the individual's type, stamped, or printed name and the words, ‘an individual doing business as (insert name of firm).’ ”

Amendment(s) – Offerors must acknowledge amendments by signing blocks 15A through 15C, of any amendments (SF 30) issued out during the solicitation. Amendments may also be acknowledged in block 19 of the SF 1449.

Responsibility. The Contracting Officer will also complete a responsibility determination in accordance with FAR

9.104. A determination of nonresponsibility will deem the Offeror ineligible for award.

STATEMENT OF WORK (SOW)

STATEMENT OF WORK (SOW)

Helium Delivery

SUPPORT TO Afghanistan National Army (ANA) Version 1.6 – Revised 16 August 2018

SECTION 1.0 – BACKGROUND

The U.S. has transferred TIF-25 aerostats or Persistent Surveillance Stems (PSS) to the Afghan National Army (ANA). The PSS system requires sustainment support in the form of helium to operate at its current location.

SECTION 2.0 – SCOPE

The Contractor shall deliver helium in bulk to an ANA facility in Kabul, Afghanistan through the use of tank vehicles. The exact location will be provided at the Delivery Order level.

SECTION 3.0 - AFGHANISTAN BUSINESS REQUIREMENTS

3.1 The contractor shall obtain all applicable licensing and authorizations to operate a helium delivery business in Afghanistan. The minimum licenses required are outlined below:

1. Transportation Services License – Issued by Afghan Investment Support Agency or Ministry of Commerce and Industry.

2. Transit & Forwarding License – Issued by MoCI (Ministry of Commerce and Industry)

3.2 The Contractor shall obtain and maintain all documentation required by ANA for the transportation of helium in Kabul, Afghanistan.

SECTION 4.0 – REQUIREMENTS

4.1 GENERAL REQUIREMENTS

4.1.1 The contractor shall provide a certified, tested, and approved helium unit and all other components that is not less than a 99.995% pure. The Government has the right to test the purity level of the helium delivered at any time. Any helium delivered that is not 99.995% pure, to be verified through the use of a helium purity test kit, shall be rejected and the contractor shall remove the helium from the site and re-deliver to the site at the contractor’s own expense. The contractor shall ensure the container(s) used to transport helium are serviced, maintained and secured during transportation to the ANA site.

4.1.2 The contractor shall provide all necessary components, tools and equipment required to supply helium needed by the ANA. The contractor shall ensure its equipment is functional for each delivery. Contractor shall deliver helium with rust free and undamaged components to include cylinders, hoses and any other equipment required for filling the ANA helium containers.

4.1.3 The Contractor shall ensure that all tank vehicles, pumps, filter separators, meters, and other handling equipment are properly grounded and bonded during all helium deliveries.

4.1.4 Although Liquid bulk helium is safe, non-flammable, and non-toxic, the contractor shall follow all safety guidelines for helium. The contractor shall ensure safety risks are minimized. The contractor shall provide safety gear to its employees delivering Helium to the ANA site. This safety equipment includes PPE (Personal Protective Equipment), such as glasses, gloves and jumpsuits. The contractor shall undertake its own risk assessments, taking into account local circumstances that affect safety.

4.1.5 Before handling and using cylinders, the contractor shall ensure all its employees have completed the HAZMAT training as it pertains to the properties of helium, potential hazards, correct bulk and cylinder handling procedures, safety procedures, and steps to take in the event of an emergency. The contractor shall post emergency procedures in Dari and English at the operation site, in the storage and disposal area and provide a copy to the ANA as a preventative safety measure. The contractor shall have first aid kits and fire extinguishers on-site strategically place around the delivery site accessible to both the employees delivering the helium and the ANA. The Contractor shall maintain the first aid kits and fire extinguishers in accordance with manufacturer specifications.

4.1.6 The contractor shall ensure all cylinders are properly labeled in both Dari and English with its content and the cylinder properly stored in a facility or area that is compatible with its content. The contractor shall provide and maintain a Material Safety Data Sheet (MSDS) readily available for the ANA.

4.2 2 FIRE SAFETY

4.2.1 Smoking, or any open flames, within 50 feet of any helium tank or vehicle carrying helium shall be forbidden.

4.2.2 Extreme care shall be taken to keep fire and ignition sources away, and to prevent persons in the vicinity from smoking, lighting matches, or carrying any flame or lighted cigar, pipe, or cigarette during the loading or unloading of a tank vehicle. No helium shall be transferred to or from any tank vehicle unless the parking brake is securely set and wheels chocked to prevent the vehicle from rolling forward or backwards.

4.3 CONTRACTOR PERSONNEL REQUIREMENTS

4.3.1 The Contractor shall provide experienced, authorized, and personnel who are capable of performing all requirements of this contract.

4.3.2 Contractor shall thoroughly train its personnel in the proper method of operating tank vehicles and in the proper procedures for loading and unloading of helium.

4.3.3 Contractor personnel shall comply with all traffic laws of any country in which Contractor vehicles are operated pursuant to this contract and that are not in conflict with the Status of Forces Agreement (SOFA) and the Bilateral Security Agreement (BSA). Contractor personnel shall comply with all governing U.S., coalition, and Afghan laws. Where the Afghan laws contradict the BSA or the SOFA, the BSA and the SOFA will control.

Contractor personnel will comply with all U.S and Coalition orders and regulations or Afghan Government representatives.

4.3.4 Contractor personnel operating equipment/vehicles shall be properly licensed to operate the equipment in accordance with applicable laws of the jurisdiction. If required by Afghan law, operators shall possess a commercial operator’s license.

4.4 MEASUREMENTS

4.4.1- All helium prices shall be provided in Cubic Feet, all conversions shall be done using the International System of Units.

4.5 TRANSPORTATION REQUIREMENTS

4.5.1 The contractor shall provide all equipment and vehicles for the transportation of helium without loss of quality or quantity. The contractor shall maintain all its equipment. Delays in helium delivery due to equipment failure caused by a lack of maintenance shall not be tolerated. The Contractor shall keep maintenance records for its delivery vehicles as well of that of its subcontractors (as applicable). This maintenance records shall be available to the U.S. Government upon request. A vehicle shall be deemed unsafe if the contractor fails to provide a maintenance record upon request.

4.5.2 The Contractor shall provide a list of all owned and/or leased trucking/delivery assets utilized in the delivery of helium and a list of all current or sub-contractors and subcontractor equipment – with specific identifying information (Vehicle Identification Number (VIN), or similar identifying serial number. All trucking/delivery assets shall meet Afghan safety and cargo highway transportation standards as established by the Ministry of Transportation – Afghanistan.

4.6 VEHICLE REQUIREMENTS

4.6.1 Tank vehicles utilized to transport helium delivered under this contract shall be for transport of commercial helium only.

4.6.2 Loading and unloading of tank vehicles shall take place only in approved locations. The driver, operator, or attendant of any tank vehicle shall not remain in the vehicle -- but shall not leave the vehicle unattended – during the loading or unloading of helium.

4.7 DELIVERY REQUIREMENTS

4.7.1 Contract prices shall include all charges for packing, handling, freight, distribution and delivery. All transportation and delivery of the helium products shall be F.O.B. Destination to the location identified in the contract within 96 hours after delivery order issuance and shall be completed within five (5) days of issuance of delivery order, except in those instances where the delivery location does not have the capacity to receive and store the helium. The Government is only obligated to pay for the actual quantities delivered for each product or type of Helium. Delivery shall be during normal working hours at each location. The Contractor shall contact the ANA for the Required Delivery Date (RDD) to arrange a delivery. Should the contractor be unable to contact the applicable ANA to arrange delivery on the delivery day, the contractor shall immediately notify the Government Receiving Point of Contact (RPOC).

4.7.2 The RPOC shall send the RDD via email to the contractor. The RDD shall provide the contractor the following information:

• Contract # and applicable DO #

• Order Number

• Delivery Location

• Delivery Date

• Delivery Time

• Delivery Quantity

• Delivery POC Name and Contact Information

• Any additional special instructions.

The contractor shall make its best effort to deliver helium to the specified location in the Delivery Order within 24 hours of an emergency request and within 96 hours for non-emergent deliveries. In the event of a delay, the Contractor shall immediately notify the RPOC of such delay or of a potential delay. Additionally, the contractor shall submit an Incident Report to the RPOC explaining the extenuating circumstance and the plan to remedy the delay.

4.8 Delivery Quantification

The contractor shall use a calibrated meter, which is attached to the tank vehicle, as the primary instrument to measure the amount of helium delivered is in cubic feet. The contractor shall provide to the RPOC a delivery ticket for the helium delivered signed by the person receiving the helium.

4.9 LOADING AND SHIPPING – GENERAL

4.11.1 Contractor shall have a dedicated system, including lines, pumps, loading arms, and hoses, and all required equipment to load and ship helium to the delivery location.

SECTION 5.0 – INSPECTION/ACCEPTANCE/INVOICING

5.1 INSPECTION

5.1.1 At the time of delivery, the Receiving Activity shall test the helium to ensure it is 99% pure. Testing will be conducted using a standard helium purity kit prior to the contractor dispensing the helium into the storage tank(s).

5.2 ACCEPTANCE

5.2.1 Until acceptance, risk of loss or damage shall remain with the Contractor.

5.3 INVOICING

5.3.1 The contractor shall submit one (1) invoice for payment for each delivery.

SECTION 6.0 – SECURITY REQUIREMENTS

6.1 Helium is Free On Board (FOB) destination, therefore, risk of loss remains with the contractor until acceptance at the delivery point.

6.2 DELIVERY POINT SECURITY REQUIREMENTS. There may be delays outside the gates of the delivery site due to security concerns. Security measures change according to perceived threat levels, and may irregularly affect wait times outside of installation entry points. The Government will not separately pay for time lost due to any detention or demurrage. The contractor shall assume all risks for the delivery of helium.

SECTION 7.0 – RISK OF LOSS

7.1 1 Risk of loss or damage shall remain with the contractor from initial acquisition of helium until final delivery, and will pass to the U.S. Government upon acceptance of the helium by the ANA at the destination specified in each delivery order.

7.1.1 The contractor bears all risk and responsibility for loss or damage to equipment and personal injury or death of its employees, agents or subcontractors in relation to this contract.

7.1.2 The contractor shall obtaining adequate insurance to cover the risks discussed herein.

SECTION 8.0 – DISTRIBUTION SITES

The projected distribution sites to ANA shall be provided in the Delivery Order. The ANA compound(s) and container details will be provided at time of delivery request. All deliveries shall be in the Kabul, Afghanistan.

(End of Summary of Changes)