19GE5024R0043.pdf

SOLICITATION DOCUMENT

United States Consulate General Frankfurt, Germany General Service Office Fleet Vehicle Insurance

SOLICITATION NO. 19GE5024R0043

Issued by:

U.S. Consulate General Regional Procurement Support Office Giessener Strasse 30 60435 Frankfurt am Main Germany

U.S. CONSULATE GENERAL

Regional Procurement Support Office

Giessener Strasse 30 60435 Frankfurt

Germany

Tel: +49 60 7535 3331 Email: Pfannkuches@state.gov

April , 2024

Subject: Solicitation No.: 19GE5024R0043 Fleet vehicle insurance for U.S. Mission Germany U.S. Consulate General Frankfurt am Main, Germany

Dear Ladies and Gentlemen, The Regional Procurement Support Office (RPSO) would like to invite your company to submit a proposal for Fleet Vehicle Insurance for the U.S. Mission Germany. This solicitation may result in issuance of a firm fixed-price Indefinite-Delivery Indefinite-Quantity with economic price adjustment contract.

Use of the specifications for purposes other than submitting a proposal under this solicitation is prohibited. All discussions pertaining to these services will be in the English language. If you intend to submit a proposal, you should thoroughly examine all documents contained in the solicitation package.

The Government will provide a virtual pre-proposal conference via TEAMS on Wednesday, April 23, 2024 at 13:00 hours Central European Summer Time (CEST) to discuss formalities needed to submit their proposal. Each offeror who is interested in joining this conference must follow the steps described on page 3 of the solicitation.

Questions shall be submitted as soon as possible but not later than May , 2024 by 1500 hours Central European Summer Time (CEST). Any questions you may have concerning the solicitation document should be submitted in writing via email to Sarah Pfannkuche: PfannkucheS@state.gov and copy to FrankfurtRPSO@state.gov so that a response can be provided prior to the solicitation closing date.

The proposal shall be submitted as a pdf document emailed to PfannkucheS@state.gov and copy to FrankfurtRPSO@state.gov as soon as possible but not later than May 28, 2024 by 1500 hours Central European Summer Time (CEST). The email subject line must read “Proposal 19GE5024R0043”. The email size shall not exceed 45MB.

No proposal will be accepted after the specified time.

Each offeror will be responsible for determining the amount of labor that will be required to complete the services, and for pricing their proposal accordingly. Further, each offeror is responsible for furnishing complete information to its subcontractors. Subcontractors shall not be referred to the U.S.

Government concerning the requirement.

The Contracting Officer reserves the right to reject any and all proposals and to waive any information or minor irregularities in proposals received.

Thank you for your interest in this U.S. Government procurement request.

Any questions regarding this solicitation shall be directed to Sarah Pfannkuche, Contract Specialist, tel: (+49) 69 7535 3331, or email: PfannkucheS@state.gov.

Nicolas A. Wilhelm Contracting Officer

Sincerely, /s/

19GE5024R0043

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

19GE5024R0043

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

04/08/2024

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Sarah Pfannkuche

b. TELEPHONE NUMBER (No collect calls)

c. EMAIL pfannkuches@State.gov

8. OFFER DUE DATE / LOCAL

TIME

05/28/2024 15:00

CODE FRANK

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

60435, FRANKFURT, GERMANY

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

FRANKCODE15. DELIVER TO

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: GSO MOTORPOOL

60435, FRANKFURT, GERMANY

CODE FRANK16. ADMINISTERED BY

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

60435, FRANKFURT, GERMANY

FACILITY

CODE

CODE

Contact UEI:

Telephone No.

17a. CONTRACTOR/

OFFEROR

FRANKCODE18a. PAYMENT WILL BE MADE BY

AMERICAN EMBASSY BERLIN

AMERICAN EMBASSY, CLAYALLEE 170

FINANCIAL MANAGEMENT CENTER, ATTN. DBO

14191, Berlin, GERMANY

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

(Use Reverse and/or Attach Additional Sheets as Necessary)

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Line Items Section

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT) Nicolas Wilhelm

31c. DATE SIGNED 04/08/2024

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

CGFS // CGFS

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 02/2012) BACK

Line Item Summary

Solicitation Number:

19GE5024R0043

Contract Number: Title: Germany - Fleet Vehicle Insurance

Date of Solicitation:

04/08/2024

Line Item No. Description Quantity Unit Unit Price Total Cost

001 CLIN 0001: LIABILITY INSURANCE

Type of Contract Pricing: OTH Doc Ref No:

Delivery Date (Start to End) Date FOB:

08/01/2024 to 07/31/2025

1.00 LT $0.00 $0.00

101 CLIN 1001: LIABILITY INSURANCE

Type of Contract Pricing: OTH Doc Ref No:

Delivery Date (Start to End) Date FOB:

08/01/2025 to 07/31/2026

1.00 LT $0.00 $0.00

201 CLIN 2001: LIABILITY INSURANCE

Type of Contract Pricing: OTH Doc Ref No:

Delivery Date (Start to End) Date FOB:

08/01/2026 to 07/31/2027

1.00 LT $0.00 $0.00

301 CLIN 3001: LIABILITY INSURANCE

Type of Contract Pricing: OTH Doc Ref No:

Delivery Date (Start to End) Date FOB:

08/01/2027 to 07/31/2028

1.00 LT $0.00 $0.00

401 CLIN 4001: LIABILITY INSURANCE

Type of Contract Pricing: OTH Doc Ref No:

Delivery Date (Start to End) Date FOB:

08/01/2028 to 07/31/2029

1.00 LT $0.00 $0.00

SECTION I - THE SCHEDULE

1. VEHICLE INSURANCE SERVICES

The Contractor shall provide fleet insurance coverage and management of the related services for all U.S. Government owned official vehicles of the American Embassy in Berlin and the constituent posts of the U.S. Mission in Germany including Duesseldorf, Frankfurt am Main, Hamburg, Leipzig, and Munich.

2. TYPE OF CONTRACT

This is a firm-fixed-price indefinite delivery, indefinite quantity (IDIQ) with economic price adjustment type contract. No additional sums will be payable on account of any escalation in the cost of labor, or because of the Contractor’s failure to properly estimate or accurately predict the prices/ premiums or difficulty of achieving the results required by this contract. Nor will the contract prices be adjusted on account of fluctuations in the currency exchange rates.

3. PERIOD OF PERFORMANCE

This contract will be for a period of one-year, with a maximum of four one-year optional periods of performance.

4. PRE-PROPOSAL CONFERENCE

The Government is planning a pre-proposal conference, during which potential offerors may obtain a better understanding of formalities needed to submit their proposal.

The pre-proposal conference will be held virtually via TEAMS on Wednesday, April 24, 2024 at 13:00hrs Central European Summer Time (CEST).

Registration for Pre-proposal Conference: Offerors planning to attend the virtual pre-proposal conference shall submit their company information and the names (First Name, Surname) and e-mail addresses of their company’s representatives to Sarah Pfannkuche, email: Pfannkuches@state.gov. Please use subject line: “RSVP 19GE5024R0043 Virtual Access” no later than Wednesday, April 17, 2024, at 15:00 hours CEST to receive the details of the virtual link or telephone conference access.

5. EXCISE TAX

James Zadroga 9/11 Victims Health and Compensation Act of 2010 Notice: Unless a waiver or exception applies, payments subsequent to this procurement are subject to an excise tax of 2% pursuant to 26 U.S.C. 5000C. The Contractor shall complete form W-14 in order to apply for an exemption of the Excise Tax (see Attachments 7 and 8), if applicable.

6. PRICES / PREMIUMS

The Contractor’s premiums for insurance shall include all costs including personnel, administration, management, labor, transportation, overhead and profit. All premiums shall be quoted in the Euro (EUR) currency in accordance with Attachment 1 - Price Schedule.

7. PRICE SCHEDULE - VEHICLE INSURANCE SERVICES

The offerors shall insert firm fixed unit prices (premiums) for each line item number listed in Attachment 1 - Price Schedule, for the different types of insurance coverage that may be exercised during the following performance periods under this contract:

Base Year (Line Item 0001): August 1, 2024 through July 31, 2025

First Option Year (Line Item 1001 ): August 1, 2025 through July 31, 2026

Second Option Year (Line Item 2001): August 1, 2026 through July 31, 2027

Third Option Year (Line Item 3001): August 1, 2027 through July 31, 2028

Fourth Option Year (Line Item 4001): August 1, 2028 through July 31, 2029

NOTE: The Attachment 1 - Price Schedule contains an Excel file with 5 tabs, in which the offerors shall insert their unit prices to be applied for the different types of insurance during the base and four (4) option years.

8. CLASSIFICATION OF PREMIUM RATES

The following important note applies to the types of insurance required in Sub-Sections 8.1 through 8.14:

The insurance shall cover the geographic Europe and all states of the European Union (to include the United Kingdom). No insurance coverage is required in the following countries: Albania, Azerbaijan, Bosnia-Herzegovina, Georgia, Kazakhstan, Kosovo, Macedonia, Moldova, Montenegro, Russia, Serbia, Turkey, Ukraine and Belarus (Weißrussland). Should the proposed insurance policy include coverage in any of the before mentioned countries, the offeror shall clearly identify them in its proposal.

8.1 Liability Insurance for Passenger Vehicles (PKW): The premium rates shall be based on the different engine sizes/power of passenger vehicles in KW, as listed in Attachment 1 - Price Schedule of the solicitation.

8.2 Liability Insurance for Trucks and Utility Vehicles (LKW): The premium rates shall be based on the different engine sizes/power of trucks and utility vehicles in KW, as listed in Attachment 1 - Price Schedule of the solicitation.

8.3 Liability Insurance for Agricultural Tractors (Landwirtschaftliche Zugmaschinen): The premium rates shall be based on the different engine sizes/power of agricultural tractors in KW, as listed in Attachment 1 - Price Schedule of the solicitation.

8.4 Liability Insurance for Truck-Tractors (Zugmaschinen): The premium rates shall be based on the different engine sizes/ power of truck-tractors in KW, as listed in Attachment 1 - Price Schedule of the solicitation.

8.5 Liability Insurance for Buses (Busse): The premium rates shall be based on the different engine sizes/power of buses in KW, as listed in Attachment 1 - Price Schedule, of the solicitation.

8.6 Liability Insurance for Self-drive Working Machines (Selbstfahrende Arbeitsmaschinen): The premium rates shall be based on the different engine sizes/power of self-drive working machines in KW, as listed in Attachment 1 - Price Schedule of the solicitation.

8.7 Liability Insurance for Truck Lifts (Hebebühnen): The premium rates shall be based on the different payloads of truck lifts in tons, as listed in Attachment 1 - Price Schedule of the solicitation.

8.8 Liability Insurance for Trailers (Anhänger): The premium rates shall be based on the different payloads of trailers in tons, as listed in Attachment 1 - Price Schedule of the solicitation.

8.9 Liability Insurance for Vespa Utility Vehicles (Rollers): The premium rates shall be based on the different payloads of trailers in tons, as listed in Attachment 1 - Price Schedule.

8.10 Liability Insurance for Red License Plates (Rote Kennzeichen).

8.11 Liability Insurance for Passenger Vehicle Short-term Plates (PKV Kurzzeitkennzeichen).

8.12 Liability Insurance for Vehicles Operating on a German Airports (Versicherungsschutz auf Flughafengelaende).

8.13 Roadside Assistance Insurance.

8.14 Partially Comprehensive (Teilkasko) Insurance for Passenger Vehicles (PKW): The premium rates shall be based on the different engine sizes/power of passenger vehicles in KW and any deductible amounts, as listed in Attachment 1 - Price Schedule, of the solicitation.

9. PARTIAL AND ANNUAL PREMIUMS

9.1 Method of Payment

9.1.1 Short Term (5 Days) Premiums: Payments shall be made on a 5-days basis. The invoice shall be submitted at the beginning of the service period (einmalige Abrechnung zu Vertragsbeginn / Zulassungsdatum).

9.1.2 Annual Premiums: Payments shall be made on an annual basis. The invoice shall be submitted at the beginning of the service period (einmalige Abrechnung zu Vertragsbeginn/Zulassungsdatum).

9.2 Premiums for Vehicles Added or Removed During Period of Performance

9.2.1 Short Term (5 Days) Premiums: Premiums for vehicles added or removed shall be computed on a 5-days basis.

9.2.2 Annual Premiums: Premiums for vehicles added or removed shall be computed on a daily basis. Daily premiums shall be computed by dividing the annual premiums by 360 days.

a. Vehicles and Type of Insurance Coverage Added: Premiums for vehicles added or for which the type of coverage is increased under this contract shall commence on the day of registration.

b. Vehicles and Type of Insurance Coverage Removed: Premiums for vehicles removed from coverage or for which the type of coverage is deleted from this contract shall be paid until the day of de-registration of the vehicles.

10. TAXES

The U.S. Government is exempted from any insurance tax as well as any value added tax occurring through the repair of a vehicle which also carries a partially or fully comprehensive (Teil- oder Vollkasko) insurance. Thus, the vehicle owner shall only pay the deductible amount, and the Contractor shall pay the remaining amount plus the complete applicable Value Added Tax that may be charged by a workshop (Netto-Prämie und Brutto-Erstattung).

11. SUBMISSION OF INVOICES

The instructions for submission of invoices will be provided in each task order that may be issued against this contract. The original invoice shall be mailed to the address provided in box 18a of the SF-1449 and electronically to the COR (the email address will be provided on each task order). The Contractor shall follow the instructions provided in Section II, FAR clause 52.212-4(g) for proper submission and acceptance of invoice.

12. PAYMENTS

12.1 Currency of Payments

The payments under this contract shall be made in the Euro (EUR) currency only.

12.2 Timing of Payments

The payments under this contract will be made either (1) after the date of receipt of a proper invoice in the designated payment office, or (2) after the insurance policy(ies) on all vehicles are accepted by the Government, whichever is later.

13. PRICE ADJUSTMENT

13.1 The Contractor shall make an economic price adjustment to the annual insurance premiums on an annual basis. This price adjustment will be affected through the Government exercising each Option Year period. The price adjustment shall be based on the recognized industry standard actuarial and underwriting rules for Germany. The recalculation of the premium shall be based on past claims and cost development, as well as the risk of future claims and cost development for the new option year period. The statistical findings of the Association of German Insurers (Gesamtverband der Deutschen Versicherungwirtschaft e.V.) can be included in the recalculation.

13.2 If the recalculation reveals claims and cost requirements that are lower than those calculated in the previous year, the contractor shall reduce the premiums accordingly. If the recalculation reveals claims and cost requirements that are higher than those calculated in the past, the contractor has the right to increase the premiums accordingly.

13.3 Any price adjustments shall be effective on the first day of each Option Year performance period.

13.4 Any request for price adjustment shall be certified by the signature of an officer or general partner of the Contractor having overall responsibility for the conduct of the Contractor's affairs.

13.5 No adjustment shall be made to the contract unit prices that relate to any overhead, fixed costs, profit or fee for the Contractor.

Only the amount charged to direct cost shall be considered by the U.S. Government as basis for change of the contract unit prices.

13.6 No request by the Contractor for a price adjustment shall be allowed, if asserted after the final payment under this contract.

14. CREDITS AND REFUNDS

In the event that premiums have previously been paid for a vehicle subsequently removed from coverage or for a vehicle on which the cost of coverage has been subsequently reduced, all or a part of any resulting overpayment shall, in the sole discretion of the Contracting Officer, be:

a. Applied as a credit against additional payments owed to the Contractor for the same agency under the applicable contract, or;

b. Refunded by the Contractor to the U.S. Government by electronic funds transfer (EFT). The vehicle license plate number must be provided as reference.

15. PERMITS

Without any costs to the U.S. Government, the Contractor shall obtain all permits, licenses, and appointments required for prosecution of the services under this contract. The Contractor shall obtain these permits, licenses, and appointments in compliance with the applicable host country laws. The application, justification, fees, and certifications for any licenses required by the host government shall be entirely the Contractor’s responsibility.

16. INSURANCE CLAIMS

16.1 Insurance Premiums: The insurance premium rates listed in Section 14, Attachment 1 - Price Schedule, of the solicitation, shall not be increased in the event of the submittal of an accident or similar claim. The insurance premium rates shall remain unchanged throughout the entire one-year performance period of the contract, regardless of the number-of accidents or similar claims made against the policy.

16.2 Participation on Profits: If the claim statistics is positive, i.e. any number below 70%, the American Embassy in Berlin and its constituent Posts shall participate in the profits made by the insurance company (Gewinnbeteiligung bei positivem Schadensverlauf).

17. ESTIMATED QUANTITIES

The following lists state the guaranteed minimum and estimated maximum quantities for each vehicle category of the vehicles fleet of the U.S. Mission in Germany for which the Contractor may be required to provide different types of insurance coverage during the contract performance period (also see Section II, FAR 52.216-22 Indefinite Quantity (OCT 1995), of the solicitation):

17.1 Estimated Quantities for Base Year

Type of Vehicle Guaranteed Minimum Quantity Estimated Maximum Quantity

Passenger Vehicles

40 per year

400 per year

Trucks & Utility Vehicles

8 per year

200 per year

Agricultural Tractors

0 per year

15 per year

Truck-Tractors

5 per year

40 per year

Buses

5 per year

Self-drive Working Machines

10 per year

Truck Lifts & Trailers

2 per year

30 per year

17.2 Estimated Quantities for Options Years 1 through 4

Type of Vehicle Guaranteed Minimum Quantity Estimated Maximum Quantity

Passenger Vehicles

400 per year

Trucks & Utility Vehicles

200 per year

Agricultural Tractors

15 per year

Truck-Tractors 0 per year 40 per year Buses 0 per year 5 per year Selfdrive Working Machines 0 per year 10 per year Truck Lifts & Trailers 0 per year 30 per year

17.3. CONTRACT MINIMUM AND CEILING. During the period of the contract, the Government will order, as a minimum, services in an amount of at least $5,000. The ceiling amount is $1,000,000.

18. DEFINITIONS OF ENGINE SIZES AND PAYLOADS

18.1 Engine Sizes

The engine sizes of the passenger vehicles, trucks and utility vehicles, agricultural tractors, truck-tractors and buses are defined in Kilowatt (KW).

18.2 Payloads

The following payload categories shall be applied to the liability insurance for trailers and truck-lifts: 1 to 2 tons; 3 tons; 5 tons; 10 tons; 15 tons; 20 tons; and over 20 tons.

19. CHOICE OF LAW

This contract shall be construed and interpreted in accordance with the substantive laws of the United States of America. By the execution of this contract, the Contractor expressly agrees to waive any rights to invoke the jurisdiction of local national courts where this contract is performed and agrees to accept the exclusive jurisdiction of the United States Civilian Board of Contract Appeals and the United States Court of Federal Claims for hearing and determination of any and all disputes that may arise under the Disputes clause of this contract.

PERFORMANCE - WORK STATEMENT

DESCRIPTION / SPECIFICATIONS / WORK STATEMENT

1. GENERAL

The U.S. Government requires fleet insurance coverage for all official vehicles of the American Embassy in Berlin and the constituent posts of the U.S. Mission in Germany. The specific requirements for the insurance coverage are set forth in the Scope of Work, and Attachment 1 - Price Schedule.

2. SCOPE OF WORK

The Contractor shall provide all necessary planning, programming, administration and management necessary to assure that all services are rendered in accordance with the contract and all applicable laws, regulations, codes or directives including the maintenance of accurate and complete records, files and regulations which are necessary to the services being performed. The Contractor shall ensure that all services, at a minimum, meet the commercial standards for quality.

3. STATEMENT OF WORK (SOW)

3.1 Definitions of Types of Insurance

Following are the definitions of the three different types of insurance to be used under this contract:

a) Liability Insurance: It pays for property damages and bodily injuries caused by a U.S. Government vehicle to the adverse party.

b) Partially Comprehensive (Teilkasko) Insurance: It pays for damages on a U.S. Government vehicle for which nobody can be held liable such as breakage of glass, fire or explosion, storm, hail, stroke of lightning, flood, hitting ground game while driving, and theft. A deductible amount may be chosen by the Government.

c) Fully Comprehensive (Vollkasko) Insurance: It pays for all damages mentioned under the partially comprehensive insurance as well as vandalism and accident damages on a U.S. Government vehicle, even if the accident is caused by the driver. A deductible amount may be chosen by the Government.

3.2 Different Types of Insurance Coverage

The services shall consist of the following different types of insurance coverage for all vehicles, trailers and lifts registered in the names of the American Embassy in Berlin and the constituent posts of the U.S. Mission in Germany:

3.2.1 Liability Insurance (Haftpflichtversicherung)

The liability insurance for all categories of vehicles shall have an overall maximum coverage of EUR 100,000,000.00 and a maximum coverage of EUR 12,000,000.00 per injured person. There shall be no minimum amount for liability insurance coverage for property damage and bodily injury.

3.2.1.1 The Contractor shall provide liability insurance for Passenger Vehicles (PKW), based on their engine sizes, for the following terms during the base year and four option years, as listed in Attachment 1 - Price Schedule:

A) Liability Insurance - Short Term Coverage (5 Days) B) Liability Insurance - Annual Rate

3.2.1.2 The Contractor shall provide liability insurance for Trucks & Utility Vehicles (LKW), based on their engine sizes, for the base year and four option years, as listed in Attachment - 1 Price Schedule:

3.2.1.3 The Contractor shall provide liability insurance for Agricultural Tractors (Landwirtschaftliche Zugmaschinen), based on their engine sizes, per year, during the base year and four option years, as listed in Section 14, Attachment 1 - Price Schedule, of the solicitation.

3.2.1.4 The Contractor shall provide liability insurance for Truck-Tractors (Zugmaschinen), based on their engine sizes, per year, during the base year and four option years, as listed in Section 14, Attachment 1 - Price Schedule, of the solicitation.

3.2.1.5 The Contractor shall provide liability insurance for Buses (Busse), based on their engine sizes, per year, during the base year and four option years, as listed in Section 14, Attachment 1 - Price Schedule, of the solicitation.

3.2.1.6 The Contractor shall provide liability insurance for Selfdrive Working Machines (Selbstfahrende Arbeitsmaschinen), based on their engine sizes, per year, during the base year and four option years, as listed in Attachment 1 - Price Schedule of the solicitation.

3.2.1.7 The Contractor shall provide liability insurance for Truck Lifts (Hebebühnen), based on their payloads, for the following terms during the base year and four option years, as listed in Attachment 1 - Price Schedule of the solicitation.

3.2.1.8 The Contractor shall provide liability insurance for Trailers (Anhänger), based on their payloads, per year, during the base year and four option years, as listed in Attachment 1 - Price Schedule.

3.2.1.9 The Contractor shall provide liability insurance for Vespa Utility Vehicles (Rollers), based on their payloads, per year, during the base year and four option years, as listed in Attachment 1 - Price Schedule.

3.2.1.10 The Contractor shall provide liability insurance for Red License Plates (Rote Kennzeichen) per year, during the base year and four option years, as listed in Attachment 1 - Price Schedule.

3.2.1.11 The Contractor shall provide liability insurance for Passenger Vehicle Short-Term Plates (PKV Kurzzeitkennzeichen) for a 5-day period as specified per the task order, during the base year and four option years, as listed in Attachment 1 - Price Schedule.

3.2.1.12 The Contractor shall provide liability insurance for Vehicles Operating on German Airports (Versicherungsschutz auf Flughafengelaende), per year, during the base year and four option years, as listed in Attachment 1 - Price Schedule.

3.2.1.13 The Contractor shall provide insurance for Roadside Assistance Insurance (Schutzbrief), per year, during the base year and four option years, as listed in Attachment 1 - Price Schedule.

3.2.2 Partially Comprehensive (Teilkasko) Insurance for Passenger Vehicles

3.2.2.1 The Contractor shall provide partially comprehensive insurance for Passenger Vehicles with no deductible amount, based on their engine sizes, per year, during the base year and four option years, as listed in Attachment 1 - Price Schedule of the solicitation.

3.2.2.2 The Contractor shall provide partially comprehensive insurance for Passenger Vehicles with EUR 150.00 deductible amount, per year, based on their engine sizes, during the base year and four option years, Attachment 1 - Price Schedule of the solicitation.

3.2.3 Fully Comprehensive (Vollkasko) Insurance

The amount of coverage of the fully comprehensive insurance for all categories of vehicles shall depend on the value of the particular vehicle at the time a damage occurs to that particular vehicle. The value of the damage on the vehicle shall be assessed by an independent surveyor (Gutachter).

3.2.3.1 The Contractor shall provide fully comprehensive insurance for Passenger Vehicles with no deductible amount, per year, based on their engine size, during the base year and four option years, as listed in Attachment 1 - Price Schedule of the solicitation.

3.2.3.2 The Contractor shall provide fully comprehensive insurance for Passenger Vehicles with EUR 150.00 deductible amount, per year, based on their engine size, during the base year and four option years, as listed in Attachment 1 - Price Schedule of the solicitation.

3.2.3.3 The Contractor shall provide fully comprehensive insurance for Passenger Vehicles with EUR 500.00 deductible amount, per year, based on their engine size, during the base year and four option years, as listed in Attachment 1 - Price Schedule of the solicitation.

3.2.3.4 The Contractor shall provide fully comprehensive insurance for Trucks and Utility Vehicles with EUR 500.00 deductible amount, per year, based on their engine size, during the base year and four option years, as listed in Attachment 1 - Price Schedule of the solicitation.

3.3. CATEGORIES OF VEHICLES

The different categories of vehicles owned by the various agencies of the American Embassy in Berlin and the constituent Posts of the U.S. Mission in Germany are specified in Attachment 2 - Lists of Vehicles of this solicitation. The lists are for informational purposes only.

3.4 CHANGES IN VEHICLES REQUIRING COVERAGE OR CHANGES IN TYPES OR AMOUNTS OF

COVERAGE REQUIRED

3.4.1 Notification to Contractor

The Contracting Officer will notify the Contractor in writing (e-mail), each time there is a change in the vehicles covered under the contract through task orders or a change in the type(s) of insurance coverage for any vehicles. In the e-mail, the Contracting Officer will request the Contractor to provide premium rate(s) for the particular vehicles. The Contractor shall propose the premiums within five (5) days upon receipt of the e-mail request.

The Contracting Officer shall normally modify the applicable task order(s) unilaterally within fifteen (15) calendar days of the notification, presuming the contract parties can reach an agreement on the premiums. Only the Contracting Officer is authorized to add or remove a vehicle(s) from the coverage or modify the type of insurance coverage for a vehicle(s) in a task order issued against the contract. The Contractor may not add or remove vehicles or revise the type of insurance coverage for any vehicles under a task order issued against the contract without the written authorization of the Contracting Officer.

3.4.2 Modification of task orders

The modification of a task order(s) shall include, as minimum, the following information:

a. Vehicles added, removed and/or vehicles for which the type of insurance coverage is changed;

b. Effective date of coverage;

c. Type of insurance coverage to be provided by the Contractor and the premiums.

3.4.3 Addition or Removal of Vehicles Covered

The Contracting Officer may add or remove vehicles insured through a task order placed against this contract at any time, during any of the periods of performance.

3.5 REQUIREMENT OF INSURANCE COVERAGE

The vehicles of all offices and agencies will require, at a minimum, the liability insurance coverage as per German law. Additional insurance coverage, such as partially or fully comprehensive insurance (with or without deductible amounts), may be requested by each office and agency individually.

3.6 INSURANCE POLICIES AND CUSTOMER SERVICE CARDS

The Contractor shall provide each insured vehicle with the insurance policy and customer service card within 15 calendar days, at a minimum, or 30 calendar days, at a maximum, after receipt of the task order and a copy the registration document(s). The customer service card shall contain the following information:

• Insurance policy number;

• License plate number of the vehicle;

• Name of insurance holder, e.g., American Embassy;

• Contact information in case of accident such as telephone and fax numbers and e-mail address.

3.7 OTHER REQUIREMENTS

3.7.1 Managerial and Administrative Support

a. The Contractor shall furnish all managerial and administrative support necessary to provide insurance for vehicles under this contract.

b. The Contractor shall provide a representative for the daily administration of the contract. The representative shall maintain regular contact with the Contracting Officer’s Representative (COR) as required. Any documents, such as accident reports, shall be submitted to the Contractor’s office immediately upon occurrence, so that claims can be processed without delay. If the Contractor’s representative is absent, an alternate representative shall serve as a replacement. The alternate representative shall be familiar with the contract and all cases in progress.

3.7.2 Legal Assistance

a. If, and to the extent, authorized in advance by the U.S. Department of State Legal Office and requested by the Contracting Officer, the Contractor shall provide legal services in case of any accidents that are brought into court involving vehicles covered by the Contractor’s policy. This service shall include adjudication and management of every case through final resolution, even if the insurance policy has expired before the time of final resolution. There shall be no additional charge for this service.

b. The Contractor shall inform the Contracting Officer immediately, if third parties threaten legal action as a result of inability to settle any accident.

c. The fact that the U.S. Mission in Germany enjoys diplomatic immunity shall not in itself be a sufficient reason for refusing to settle any insurance case.

d. The Contractor understands that the publicity caused by an undue delay may embarrass the U.S. Government. The Contractor must agree to take proper and discreet action to settle each accident on its merits.

3.8 REPORTS

3.8.1 Monthly: The Contractor shall submit to the COR an individual status report for every vehicle involved in an accident, whether the case is pending or resolved. The status report shall, as minimum, contain the information set forth in Attachment 3 - Contractor’s Monthly and Semi-Annual Status Reports, of this solicitation. Each report shall cover the information for the previous month.

3.8.2 Semi-Annual: The Contractor shall submit to the COR a status report twice each year of all resolved cases explaining the circumstances and liability of the parties. This report shall cover the preceding six months.

3.8.3 List of Vehicles Covered: The Contractor shall provide to the Contracting Officer and COR, on a quarterly basis, an updated list of all vehicles covered by task orders under this contract. The list shall include, as a minimum, the following information for each vehicle:

a. License plate number, brief description including make and model and serial number of the vehicle;

b. Identification of the office to which the vehicle belongs;

c. Type(s) of insurance coverage and premium for each type of coverage.

3.9 CONTRACTOR’S INSURANCE POLICY

The Contractor’s original insurance policy shall be in the German language, if the Contractor operates in Germany. The Contractor shall include, in its proposal, an English translation of the insurance policy at no additional cost to the U.S. Government.

4. LIST OF ATTACHMENTS

The following documents are attached and made parts of this solicitation:

Attachment No. Description of Attachment

Attachment 1: Price Schedule -- offerors shall insert premiums in the 5 separate sheets for:

Base year;

First Option Year;

Second Option Year;

Third Option Year; and Fourth Option Year.

Attachment 2: List of vehicles

Attachment 3: Contractor’s Monthly and Semi-Annual Status Reports

Attachment 4: Vehicle Damage Report (Schadensaufstellung)

This report indicates the values of the various damages that occurred to or caused by U.S. Government vehicles under the previous contract during the period of 2019 through 2023.

Attachment 5: Contractor’s Insurance Policy(ies) for all types of insurance coverage required under this contract – to be made a part(s) of the contract.

Attachment 6: Past Performance Questionnaire

Attachment 7: Form W-14

Attachment 8: Instructions for W-14

5. QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

This plan is designed to provide an effective surveillance method to promote effective Contractor performance. The QASP provides a method for the COR to monitor Contractor performance, advise the Contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The Contractor, not the Government, shall be responsible for management and quality control to meet the terms of the contract. The role of the Government is to conduct quality assurance to ensure that the contract standards are achieved. The QASP may be prepared in the following format:

Performance Objective Performance Threshold Services Performs all vehicle insurance services set forth in the work statement.

All required services are performed and no more than one (1) customer complaint is received per month.

5.1 Surveillance

The COR shall receive and document all complaints from the Government personnel regarding the services provided. If appropriate, the COR shall send the complaints to the Contractor for corrective action.

5.2 Standard

The performance standard is that the Government receives no more than one (1) customer complaint per month. The COR shall notify the Contracting Officer of the complaints, so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.246-4, Inspection of Services -- Fixed-Price (August 1996)), if any of the services exceed the standard.

5.3 Procedures

a) If any Government personnel observe unacceptable services, either incomplete or the required services not being performed by the Contractor, they shall immediately contact the COR.

b) The COR shall complete appropriate documentation to record the complaint.

c) If the COR determines that a complaint is invalid, the COR shall advise the complainant. The COR shall further retain the annotated copy of the written complaint for his/her files.

d) If the COR determines that a complaint is valid, the COR shall inform the Contractor and allow the Contractor additional time to remedy the complaint, if additional time is available. The COR shall determine how much time is reasonable.

e) The COR shall, as a minimum, orally notify the Contractor of any valid complaints.

f) If the Contractor disagrees with the complaint and challenges its validity, the Contractor shall notify the COR, who shall review the matter to determine the validity of the complaint.

g) The COR shall consider the complaints as resolved unless notified otherwise by the complainant.

h) The repeat of customer complaints shall not be permitted for any services. Should a repeated customer complaint be received for the same deficiency during the service period, the COR shall contact the Contracting Officer for appropriate action under the Inspection Clause.

6. DELIVERABLES

The Contractor shall deliver the following items under this contract via email to the Contracting Officer Representative (COR):

Para Description Qty Date Deliver To SOW, 3.6.3 Lists of vehicles covered 1 Quarterly COR

SOW, 3.6.1 Monthly report 1 5th of each month COR SOW, 3.6.2 Semi-annual report 1 5th of 7th month after award

COR

7. OTHER PERTINENT INFORMATION OR SPECIAL CONSIDERATIONS

Authorized Instruction to Contractor

(a) No person or agency other than the Contracting Officer (CO) is authorized to give instruction, orders or directions on behalf of the Government to the Contractor or his employees, unless such person or agency is authorized in writing by the CO to so act. The authority of such person or agency is strictly limited to the written authorization provided by the CO. The duty is upon the Contractor to determine the authority of such person or agency. Any questions regarding the authority of such person or agency should be directed to the CO in writing.

(b) Contracting Officer’s Representative (COR): The CO may designate and authorize a representative(s) to act on his/her behalf under this contract. Such representative(s) as may be appointed shall be designated by a letter from the CO and a copy of the letter shall be given to the Contractor. The COR shall represent the CO as specified in his/her delegation of authority letter. The COR shall not be authorized to issue change orders or adjustments. Changes in the Scope of Work/Specifications or any increase or decrease in the work called for by this contract shall be made by the CO by an executed modification to this contract.

8. CONTRACT ADMINISTRATION DATA

All work shall be performed under the general direction of the Contracting Officer, who alone shall have the power to bind the Government and to exercise the rights, responsibilities, authorities and functions vested by the contract, except that the Contracting Officer and the Procurement Executive shall have the right to designate authorized representatives to act for the Contracting Officer, as specifically provided in the designation of that individual.

This contract will be administered as follows:

Contracting Officer:

Nicolas A. Wilhelm Contracting Officer Deputy Director, Regional Procurement Support Office (RPSO)

Contract Administrator:

Sarah Pfannkuche, Contract Specialist American Consulate General Frankfurt Giessener Strasse 30 60435 Frankfurt am Main Germany Telephone Number: 49-69-7535-3331 Email: Pfannkuches@state.gov

Contracting Officer’s Representative (COR):

Marion Slack, Vehicle Expeditor General Services Office (GSO)

SECTION II - CONTRACT CLAUSES

The following FAR and DOSAR provisions are accessible at www.acquisition.gov and are incorporated in full text:

52.212-4 - Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights--

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid…