Amendment 2 COMSEC Vault, Egyptian Armament Authority Logistics Facility

The U.S. Army Corps of Engineers (USACE), Transatlantic Division, Middle East District (TAM), is seeking to award a contract to procure a forty foot metal container; properly equipped to support a COMSEC vault at the Egyptian Armament Authority's Logistics Facility. The vault shall be designed and constructed to meet local environmental and electrical requirements. The action includes all ancillary efforts to install the COMSEC vault, such as a crane to place the vault and any required electrical, communication, and mechanical connections. All of this work shall be accomplished by the selected vendor. However, the site work to support the vault will be accomplished by others. The vendor is only responsible for placing the vault on top of the prepared surface. The delivery of the forty foot COMSEC vault to the project site is the responsibility of the Egyptian freight forwarder, dfYoung. However, even here the vendor has specific actions to perform that are addressed. In accordance with Section 42(c) of the Arms Export Control Act, as amended (22 USC - 2791(c)), the Foreign Military Financing funds made available for this procurement may not be used for procurement outside the United States, unless an Offshore Procurement (OSP) determination is made by the Director, Defense Security Cooperation Agency. No OSP determination has been obtained for this procurement. Accordingly, per DoD 5105.38-M, Chapter 9, Table C9.T8, more than 50% of the dollar value of the FMF contract [or CLIN, when there are multiple FMF cases on a single contract], after subtracting from the total costs the cost of items that the FAR or DFARS exclude from Buy American Act or Balance of Payments Program consideration, must be of U.S. origin. The contractor may not exceed this foreign content percentage during contract performance, unless the Government obtains an OSP determination. If it is determined that the Contractor has used unauthorized content, payments to the Contractor may be reduced by the value of the unauthorized content, or at the Government's option, the Contractor may be required to remove the unauthorized content at its expense and replace it with authorized content. The Government will require the contractor to periodically provide it with information concerning the foreign content utilized in performing the contract, to allow the Government to ensure compliance with these OSP foreign content rules. Variations to the equipment and materials specified below are possible providing that the vendor demonstrates that it is equivalent to the specified system and the requirements listed below, and the Contracting Officer approves. No variation will be accepted without these actions. The COMSEC Vault is to be located at the Egyptian Armament Authority's Logistics Facility in Cairo, Egypt. See the attached drawing for the exact location of the vault and the foundation support in relation to this facility.