B08_ W912CM24R0006_RFP_STWR_USAG Wiesbaden.pdf

SEE ADDENDUM

(No Collect Calls)

W912CM24R0006 08-Jul-2024

b. TELEPHONE NUMBER

+49 611143 546 6722

8. OFFER DUE DATE/LOCAL TIME

11:30 AM 09 Aug 2024

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912CM9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

TAGU, NANCY N.

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

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0012096333

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

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

RCO WIESBADEN

KO DIRECTORATE OF CONTRACTING

KONRAD-ADENAUER-RING 39, BLDG. 5301

65187 WIESBADEN

GERMANY

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE WK4UT1 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

0007 HQ HQ USAREUR AUG

USAREUR, G-1

UNIT 29351

09005 APO

UNITED STATES

TEL: 049-6372-8423728 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$47,000,000

NAICS:

722310

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF75

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912CM24R0006

Section SF 1449 - CONTINUATION SHEET

ADDENDUM

Solicitation Addendum

IAW FAR 2.101-Definitions, Offer means a response to a solicitation that, if accepted, would bind the offeror to perform the resultant contract. Responses to invitations for bids (sealed bidding) are ”offers” called "bids" or "sealed bids"; responses to requests for proposals (negotiation) are ”offers” called "proposals"; however, responses to requests for quotations (simplified acquisition) are "quotations," not offers.

Addendum to provision 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services:

FAR 52.212-1 is hereby amended to reflect the changes shown below as to the specific paragraph being revised.

Paragraph (a) North American Industry Classification System (NAICS) code and small business size standard. This provision is amended to read: Small business size standard does not apply to this solicitation.

Paragraph (b) – Submission of offers NOTE: The date and time stated in the solicitation shall govern over any other systems to which it might be written (i.e., SAM). Proposals will NOT be picked up by RCO personnel at the Gate. Offerors are encouraged to submit proposals via email ONLY.

Courtesy Translation: Das Datum und die Uhrzeit, die in der Aufforderung angegeben sind, haben Vorrang vor allen anderen Systemen, in denen sie möglicherweise angegeben sind (z. B.

SAM). Die Angebot werden NICHT vom RCO-Personal an der Einfahrt abgeholt. Die Anbieter werden aufgefordert, ihre Vorschläge NUR per E-Mail einzureichen.

E-Mail Submissions shall be sent to all email addresses listed below:

1. Contract Specialist: Nancy Tagu at nancy.n.tagu.ln@army.mil

2. Contracting Officer: Eliza Lee at eliza.l.lee.civ@army.mil

3. RCO Wiesbaden Mailbox: usarmy.rheinland‐pfalz.409‐contr‐spt‐bde.mbx.rco‐wie‐ bids@army.mil

SUBJECT of e-mail shall be “Submission of proposal W912CM-24-R-0006”

NOTE:

(1) The size restriction for attachments to emails on the US Government server is 10 MB.

(2) Failure to submit to all email addresses may result in your proposal not being considered for award.

(3) Faxed and mailed (paper) proposals are not preferred; however, might be also accepted.

However, offerors must request the FAX number from the Contract Specialist and are responsible for ensuring that their proposal is actually received by this office.

(4) Proposals shall be submitted in English and sent in PDF format via email.

All questions regarding to this solicitation shall be submitted in writing via email to all email addresses listed above. The Government requests that questions to this solicitation shall be submitted by email to Nancy Tagu and Eliza Lee not later than July 15, 2024 at 10:00 CET to allow the Government sufficient time to respond prior to the closing date. If applicable, please identify the PWS/SOW paragraph number as reference to questions. Answers to questions will be posted to SAM website at https://www.SAM.gov at Contract Opportunities under the solicitation number. It is the offerors’ responsibility to monitor the web site for posting of amendments, answers to questions, and other instructions, if any.

INSTRUCTIONS FOR WRITTEN SUBMITTALS

The Government will award a single contract on a Lowest Price Technically Acceptable (LPTA) basis pursuant to the award evaluation criteria stated in FAR provision 52.212-2. The Government intends to award a contract without discussions. Therefore, offerors are cautioned to examine this solicitation in its entirety and to ensure that their proposal contains all necessary information, provides all required documentation, and is complete in all respects. Per FAR provision 52.212-1(g), the offeror’s initial proposal should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions, if determined necessary by the Contracting Officer.

Format and Content: Failure to submit the information requested below may result in the offeror’s proposal being technically unacceptable.

PRE-AWARD COMPLIANCE

The following must be provided/completed with the proposal:

SAM Registration (SAM.gov) Completed SF1449, blocks 12, 17a, 30a, 30b, and 30c with Signature to include

Acknowledgment of all Amendments to the solicitation (if any amendments are issued).

signed Amendments (if applicable) CLIN Price Schedule

1. The Offeror shall complete FAR 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services - Alternate I, incorporated in this solicitation.

The offeror shall complete only paragraph (b) of FAR 52.212-3, – Alt. I if the offeror has already completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the offeror has not completed the annual representations and certifications electronically in SAM, then the offeror shall complete paragraphs (c) through (v) of FAR 52.212-3, Alt. I.

2. The offeror must complete all required representations, certifications, and clauses incorporated in this solicitation to include:

- FAR 52 .204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

- FAR 52.209-7, Information regarding Responsibility Matters

- FAR 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation

- DFARS 252.204-7016, Covered Defense Telecommunications Equipment or Services

- DFARS 252.204-7017, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services – Representation

- DFARS 252.229-7001, Tax Relief-Alternate I

3. In accordance with FAR 52.229-11, if the offeror represents it is a foreign person, then the offeror shall submit the IRS Form W-14 with its offer.

4. If identified as the apparently successful offeror for award, the offeror shall submit the certification required by FAR 52.222-56, Certification Regarding Trafficking in Persons Compliance Plan, prior to award. As an alternative, the offeror may submit the required certification with its offer.

5. For provisions completed by the offeror electronically as part of its annual representations and certifications, the contracting officer will consider that information instead of requiring the offeror to complete and submit those provisions. For those provisions and clauses that have not been completed electronically, the offeror must submit them with the offer, or in the specific case of FAR 52.222-56, with the offer or prior to award.

6. NOTE on IRS Form W-14: As discussed in FAR 52.229-11 and FAR 52.229-12, the U.S.

Government may impose an excise tax on payments made to the contractor and collect the tax by withholding up to 2 percent of each payment due the contractor. If the offeror indicates it is a foreign person at FAR 52.229-11(d)(1), to claim exemption from this tax the Offeror should complete W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments. In accordance with various Agreements between the US Government and some governments such as those countries listed below, IRS Form W-14 is used to claim exemption from the tax. To claim exemption and avoid withholding, the IRS Form W-14 must be submitted with the offer and with every invoice submitted under the contract.

Under current guidelines, the following qualified income tax treaties cover all nationals of the treaty country and exempt all such nationals from the tax imposed by 26 U.S. Code § 5000C.

Note: the offeror is responsible for determining applicable exemptions, to include verifying the continued existence of the applicable tax treaty. For further information see https://www.irs.gov/government‐entities/excise‐tax‐on‐specified‐federal‐foreign‐procurement‐ payments

Austria Iceland Slovak Republic Bangladesh Italy Slovenia Belgium Jamaica South Africa Bulgaria Japan Spain Canada Latvia Sri Lanka Czech Republic Lithuania Sweden Denmark Luxembourg Switzerland Estonia Malta Turkey

Finland Mexico United Kingdom Germany Netherlands Venezuela Hungary Portugal

If the Offeror is claiming an exemption pursuant to a qualified income tax treaty as discussed above, the contractor should complete IRS Form W-14 with an appropriate statement in Part IV such as “The corporation is organized in [INSERT COUNTRY] with which the United States has a qualified income tax treaty that covers all nationals.” Note that it is the offeror’s responsibility to correctly execute IRS Form W-14 consistent with applicable law and IRS regulations.

The completion and submission to the Government of the above items will constitute the proposal. The proposal shall communicate the offeror’s unconditional assent to the terms and conditions in this solicitation, including any attachments and documents incorporated by reference. The offeror’s failure or refusal to agree to any of the terms and conditions of this solicitation or the offeror’s imposition of additional conditions or any material omission in its proposal may constitute a deficiency which will make the proposal unacceptable to the Government. The Government reserves the right to permit Offerors to revise their proposal if the Government thinks it is in its interest to do so.

This request does not commit the Government to pay any costs incurred in the preparation and submission of your proposal or in making any necessary studies for the preparation thereof, or for any visit the Contracting Officer may request for the purpose of clarification of the proposal or for preparation on negotiations.

Proposal Instructions regarding the Evaluation Criteria

FACTOR 1 – Technical The PWS describes the services that will be acquired through this solicitation. The technical volume shall consist of:

Subfactor 1 - Experience: Offeror shall submit the following experience with its proposal:

Offeror's Experience: The offer must include supporting documentation demonstrating that the offeror’s firm itself (without consideration of subcontractors, affiliates, or key personnel) has a minimum of one (1) year of relevant experience within the five (5) years preceding the issuance of this solicitation. Affiliate experience is excluded.

“Relevant” experience is defined as performance of efforts involving requirements that are similar or greater in: Scope (types of services identified and defined in the PWS requirements) and Magnitude of Effort (a contract or aggregated contracts (no more than three contracts) during the 5-year time period totaling at least $500,000 annually. At a minimum, an offeror shall provide the following information for each contract that it relies upon to meet the relevant professional experience requirements:

(a) Customer name;

(b) Contract number (if such a designation exists);

(c) A narrative explaining the requirement and how it is relevant to the requirements of this solicitation;

(d) Contract performance dates; and

(e) Total contract value.

Subfactor 2 – Key Personnel

Project Manager and Alternate Experience: The offeror shall attest in writing the Project Manager and Alternate Project Manager meet the following experience requirements:

A. Three (3) years’ experience as an assistant manager, or manager, of a United States Army DFAC or at least eight (8) years of progressive management, or assistant management, experience working in a food service operation providing complete meal service (breakfast, lunch, and dinner) in either a cafeteria style, or multi-entree operation, setting.

B. Two (2) year experience using automated food management systems within the past five

(5) years.

Note: Military food service experience in the pay grade of E-7 or above may be credited as management experience for both positions.

Warrior Restaurant Manager and Alternate Warrior Restaurant Manager Experience:

The offeror shall attest in writing the Warrior Restaurant Manager and Alternate Warrior Restaurant Manager meet the following experience requirements:

Two (2) years’ experience as an assistant manager, or manager, of a United States Army DFAC or at least eight (8) years of progressive management, or assistant management, experience working in a food service operation providing complete meal service (breakfast, lunch and dinner) in either a cafeteria style, or multi-entree operation, setting.

Two (2) years experience using automated food management systems within the past five (5) years.

Note: Military food service experience in the pay grade of E-7 or above may be credited as management experience for this position.

Factor 2 - Subcontracting:

The offeror shall provide with its proposal either:

A statement that all work performed under the contract shall be performed exclusively by the offeror, or

A list of proposed subcontractors, joint ventures, or other business partners that will provide work under the contract. The list must contain contact information and explain what work each party will perform under the contract. In addition, the offeror must provide a letter of intent from each party on the list demonstrating intent to subcontract, partner or otherwise work with the offeror in the performance of the contract. The letter must be written on that party’s letterhead and signed by an authorized representative. NOTE: Manufacturers are not considered Sub- Contractors. Note that subcontractor must perform at least 25% of work to be acceptable.

Factor 3 – Property Management Plan

Government Property (as defined in 52.245-1) will be utilized in the performance of this contract, the offeror is required to submit a Property Management Plan (PMP) with their proposal that is consistent with the requirements of the solicitation. If required, submit the PMP as a stand-alone Attachment to the offer in response to this solicitation and ensure the PMP addresses the following:

1. An overview description of the contractor’s Property Management System (PMS).

2. The purpose of the offeror’s PMS, specifying what laws, regulations, and/or instructions it complies with. Example: Are any FAR or DFARS clauses referenced.

3. Describe the scope of the assets that are applicable to the offeror’s PMS, how the offeror will manage different types of property in its possession (i.e. Government Property, Contractor Property, etc.)

4. How the following ten (10) outcomes of Government Property will be addressed in the contractor’s PMS. Requirements that are required by FAR 52.245-1(f):

1. Acquisition

2. Receipt of Government Property / Identification

3. Records

4. Physical Inventory

5. Subcontractor Control

6. Reports

7. Relief of Stewardship Responsibility and liability

8. Utilization (Utilize / Movement / Storage / Consumption)

9. Maintenance

10. Contract Close-Out (Property Close Out)

Plan to meet special solicitation requirements (e.g. Item Unique Identifying Device (IUID) or reporting) This is a competitive acquisition in which the contractor is responsible for all costs related to making Government Property available which includes payment of all transportation, installation, or rehabilitation costs.

5. Describe any additional standards (e.g., customary commercial practices, voluntary consensus standards, industry leading practices) that the contractor intends to use in the management of Government Property, and how they are applicable to the tasks being performed on the effort.

The offeror shall submit the following information with their offers:

A list or description of all Government Property that the offeror or its subcontractors propose to use on a rent-free basis. This list shall identify the accountable contract under which the property is held and the authorization for its use (from the Contracting Officer having cognizance of the property) (written advance notifications shall accompany this submittal);

- The dates during which the property will be available for use (including the first, last, and all intervening months) and, for any property that will be used concurrently in performing two or more contracts, the amounts of the respective uses in sufficient detail to support prorating the rent;

- The amount of rent that would otherwise be charged in accordance with FAR 52.245-9 Uses and Charges (written rental equivalent appraisals shall accompany this submittal within the Price Volume).

- If the offeror will not be utilizing Government Property from other contracts, provide a statement to that effect.

FACTOR 4 Supplier Performance Risk

The Government will consider Risk in accordance with the provision at 252.204-7024, Notice on the Use of the Supplier Performance Risk System (SPRS), as supplemented by this criteria. The Government will consider Supplier Risk as described in the provision. The Government will NOT consider Item Risk or Price Risk as described in provision. For purposes of this Risk assessment, the Government will only consider information contained in the Supplier Performance Risk System (SPRS). Any questions or concerns the offeror has concerning its SPRS risk assessments should be addressed as described in paragraph (d) of DFARS 252.204- 7024.

FACTOR 5 - Price

Offerors shall complete and submit the “Schedule of Supplies/Services” for all contract line items, except those, where the Government will include prices.

Offerors shall enter the total price in U.S. Dollars ($) or Euros (€) for each line item. Proposals shall be provided with only 2-digits after the decimal point. Prices provided shall be fully loaded, inclusive of all fees, overheads, G&A, insurance, profits, or any other markups. Complete pricing for each CLIN or Sub-CLIN as required without taxes and duties for which the U.S.

Government is exempt and including all shipping charges, FOB Destination to Germany. Failure to do so may be a cause for the proposal to not be considered for award.

In the event there is a difference between a unit price and the total amount, the unit price will be held to be the intended proposal and the total of the CLIN will be recomputed accordingly.

US Companies are encouraged to provide US Dollar proposals only as otherwise serious payment problems may occur.

Paragraph (c) - Period for Acceptance of Proposals is changed to read: The offeror agrees to hold the prices in its proposal firm for 90 calendar days from the date specified for receipt of proposals.

Paragraph (f) Late submissions, modifications, revisions, and withdrawals of offers. Paragraph (f)(1) of this provision is amended to read: Offerors are responsible for submitting proposals, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation (See Blocks 8 & 9 on page 1). "Local Time" means Central European Time (or Central European Summer Time, as appropriate).

Paragraph (h) - Multiple awards: Only one contract award will be made.

Paragraph (i) - Availability of Requirements document cited does not apply to this solicitation.

Army Contract Writing System (ACWS) Transition Information for Offerors Army Contract Writing System (ACWS) Transition Information for Offerors

a. The Army Contracting Enterprise (ACE) is in the process of deploying new solicitation and contract writing software to Army contracting offices worldwide. Known as the Army Contract Writing System (ACWS), this modern software suite will soon replace most existing Army contract writing systems, including the system used to create and release this Solicitation.

b. During this transition period, Offerors are hereby advised:

1. The Contracting Office may use any combination of contract writing systems to create and release documents related to this solicitation (e.g. solicitation amendments and awards, if any). Due to this:

i. This solicitation may contain different offer submission instructions than other solicitations released by the same Contracting Office (e.g. requiring offer submission via the PIEE Solicitation Module vs. e-mail). Offerors should review all offer submission instructions contained in the solicitation documents and direct any questions or concerns to the Contract Specialist or Contracting Officer.

ii. If the Contracting Office switches contract writing systems prior to award, documents you receive from the Contracting Officer or view on SAM.gov or other forums may appear noticeably different than the initial solicitation or previous solicitations or awards from the same Contracting Office. This is normal and expected.

iii. A change between contract writing systems may cause important information concerning solicitation response (amendments) or accepted terms (awards) to take on different formatting or appear in different parts of later documents issued. Offerors shall review all documents carefully to locate this important information and direct any questions or concerns to the Contract Specialist or Contracting Officer.

2. The Government does not intend to use the transition between contract writing systems to effect any changes to solicitation or award terms and conditions without accompanying document narratives explicitly stating such changes are deliberate and desired. While the Contract Specialist and Contracting Officer will take care to minimize or eliminate any inadvertent changes when adapting to the new contract writing software, you, as the Offeror, may still be the first to spot such errors. Therefore, Offerors shall:

i. Notify the Contracting Officer immediately if any observed changes, removals, or additions affect your award eligibility, violate or alter existing quote/proposal terms, or could affect Contract performance post-award.

ii. Take special care to ensure all fill-in Clauses are populated and remain populated across documents received from the Contracting Office throughout the Solicitation and Award process.

iii. Contact the Contracting Officer listed on the first page of the solicitation or solicitation amendment for guidance if you notice or suspect any inadvertent change has occurred between document issuances.

3. The Contracting Officer will correct problems affecting award documents (if any) via bilateral modification, at no cost to the Contractor. Any such modification will reconcile the award with the latest version of this solicitation reflecting deliberate action by the Contracting Officer (e.g. the first issuance if no amendments, or the latest amendment with accompanying narratives), inclusive of any documented pre-award negotiations or accepted supplemental offer terms.

4. In the unlikely event a network disruption, contract writing system error, or financial system error threatens timely award of the requirement set forth in this solicitation, the Contracting Officer:

i. May elect to use alternative mechanisms to obligate funds and allow work or deliveries to legally begin to the benefit of, and with legal protection for, both parties.

ii. Will incorporate the latest version of this Solicitation into such mechanisms to serve as a framework for contract execution until any such system problems are resolved.

iii. Will ensure any action taken does not conflict with the stated offer evaluation and award methodology of this requirement.

iv. Will issue a complete, properly-formatted award accurately reflecting this requirement and all applicable terms and conditions once systems return to normal.

SITE VISIT

Prospective contractors should visit the site to ascertain pertinent local conditions as prescribed by FAR clause 52.237-1 "SITE VISIT".

Date & Time of Site Visit: July 16, 2024 at 10:00 Centre European Time (CET).

Location: Meet at Main Gate Clay Kaserne, USAG Wiesbaden. If you require gate access, you will need to provide the following information no later than July 12, 2024 at 13:00 CET to ensure your entry on base for this site visit:

- Name of individual(s) attending site visit

- Personalausweisnummer or Passport number/Country of Issue

- Date of birth

- Vehicle Make, Model, Color and License Plate Number

Please provide this information to the following POC’s: Nancy Tagu , E-mail:

nancy.n.tagu.ln@army.mil Phone: +49 9641 70 546-6722 and Felipe Cardozo, E-mail:

Felipe.a.cardozo.civ@army.mil Phone: +49 0611 143 546-6040. Ensure you bring your Personalausweis or Passport with you to the site visit as well. If you already have gate access, ensure you bring your required documentation with you to gain entry on base as you would normally do.

Addendum to Clause 52.212-4

Paragraph (a) Inspection/Acceptance: Inspection and acceptance will be performed at the address, shown in this Contract.

Paragraph (b) Assignment is replaced by DFARS 252.232-7008 ASSIGNMENT OF CLAIMS

(OVERSEAS).

Paragraph (k) TAXES. The contract price includes all applicable Foreign, Federal, State, and local taxes and duties except for taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the country in which expenditures are made by or on behalf of the United States."

Paragraph (w) “CORRESPONDENCE IN ENGLISH” is herewith incorporated:

The Contractor shall ensure that all contract correspondence that is addressed to the United States Government is submitted in English or with an English translation

DELIVERY REQUIREMENTS

The Government requires deliveries/services to commence within 10 days after issuance of a Delivery/Task order. Delivery/Performance Periods will be established on each Order issued under this contract.

DELIVERY/TASK ORDER PROCEDURES

a. Any Contracting Officer, assigned to Regional Contracting Office Wiesbaden, or any

Ordering Officer, if appointed by the RCO-W are authorized to issue Delivery/Task Orders under this contract. Written orders are considered "issued" for purposes of this contract, at the time the Government deposits the order in the (e)-mail.

b. While the authorities listed herein are authorized to place oral calls under this contract, such calls will be confirmed later with a written Task Order. All oral calls and confirming orders issued hereunder are subject to the terms and conditions of the contract. When placing an oral call, the person authorized to place a call will provide the contractor with,

(1) the contract number,

(2) the call number,

(3) the date ordered,

(4) the contract line item(s) being ordered,

(5) quantities to be ordered,

(6) desired delivery date, or period of performance

(7) point of contact,

(8) applicable addresses, and

(9) the amount of the order. In the event of a conflict between an oral call and a confirming order, the confirming order shall control provided it does not conflict with the contract.

c. The quantities listed in this contract are estimated only, and are provided for general information, and shall not constitute a basis for a claim of price increase during performance of this contract.

d. In accordance with FAR Clause 52.216-21, "REQUIREMENTS" (or 52.216-22, "INDEFINITE QUANTITY" as applicable) and FAR Clause 52.216-18 "ORDERING," paragraph (a), if the government issues a Task Order that requires performance past the end of the effective period of the contract, the pricing in effect at the end of the last effective ordering period will govern the entire Task Order.

e. Task Orders may not exceed 12 Months.

INSTALLATION CLEARANCE REQUIREMENTS

a. Access to U.S. installations and controlled areas is limited to personnel who meet security criteria and are authorized by Host Nation law to work in that country. Failure to submit required information/data and obtain required documentation or clearances in accordance with AE Regulation 190-16, Installation Access Control, will be grounds for denying access to U.S. installations and controlled areas. The Contractor is responsible to ensure that any Subcontractor used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any Subcontractor utilized by the contractor, are made aware of and comply with these requirements.

b. The Contractor is responsible for being aware of and complying with the requirements associated with Installation Access Control. The Government is not liable for any costs associated with performance delays due solely to a firm’s failure to comply with Installation Access Control (IAC) processing requirements.

c. The Contractor is responsible for returning installation passes to the issuing Installation

Access Control Office (IACO) when the contract is completed or when a contractor employee no longer requires access. d. AE Regulation 190-16 (and AE Regulation 190-16- G German translation) can be found on the following website:

https://www.aepubs.eur.army.mil/AE‐ Regulations/?smdsearch8659=AE%20Regulation%20190‐16

Addendum to block 18a “Payment will be made by” of Standard Form 1449:

NOTE TO CONTRACTORS:

Contractors are required to submit their invoices through Wide Area Workflow (WAWF) Payment inquiries can be submitted to dfas.rheinland‐pfalz.jht.mbx.dgk‐vendorpay@army.mil.

Payment status can be viewed within WAWF (PIEE).

LIST OF ATTACHMENTS TO THE RFP

ATTACHMENTS TO REQUEST FOR PROPOSAL (RFP)

Attachment 0001: Performance Work Statement (PWS) Attachment 0002: Government Furnished Property (GFP) IRS Form W-14

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 2 Months Phase-In Period

FFP

This CLIN focuses on the key positions and processes to ensure the Dining Facility is operational. During this period, the Contractor shall complete hiring actions, provide all required background check forms and installation access forms, etc. for all personnel required to perform the requiremrents of the Contract and on-board by the start of full performance. During the phase in period, the Contractor shall become familiar with performance requirements in order to commence full performance of services on the cotnract start date. View PWS for more details on the Phase-in period.

FOB: Destination

PURCHASE REQUEST NUMBER: 0012096333

PSC CD: M1FD

NET AMT

0002 10 Months Full Food Service DFAC Clay Kaserne

FFP

This CLIN includes systems to fully operate the restaurant. The systems include;

Dining Facility Management, Administration, Rations Receipt and Storage, Shift / Food preparation, Repair and Utilities and Dining Facility Attendant Back of the House (BOH) and Front of the House (FOH) duties located at Clay Kaserne, Germany in accordance with (IAW) the Performance Work Statement (PWS). 350 Meals per day. Ordering Period 1 FOB: Destination

0003 3 Days FFS- Additional 550 Meals

FFP

This focuses on Holiday meal services: Thanksgiving, Christmas, and Army Birthday. Includes FoH (Dining Facility Attendants) and BoH (additional Food Service workers). Covers anticipated increase to headcount and adjustment to meal service hours. Additional 550 meals augmenting CLIN 0002. Ordering Period 1 FOB: Destination

0004 200 Days Additional 850 Meals

FFP

This CLIN focuses on headcount influxes at Clay Kaserne. Additional 850 meals augmenting CLIN 0002. Ordering Period 1 FOB: Destination

0005 200 Days Additional 1250 Meals

FFP

This focuses on headcount influxes at Clay Kaserne. Additional 1250 meals augmenting CLIN 0002. Ordering Period 1 FOB: Destination

0006 540 Hours Expanded Services

FFP

Expanded Serving Hours including Modified Weekend Schedule: Expanded meal serving hours may be required. Services to be provided or discontinued shall be within 48 hours of advance government notice. Service shall be invoiced in accordance with CLIN entitled “Expanded Services.⠀ Modified weekday and weekend Schedule consist of the following: Mon-Fri: Breakfast 0600-0830, Lunch 1130-1300, Dinner1700-1930. Sat, Sun & Holidays and Training Holidays:

Breakfast 0600-0830, Lunch 1130-1300, Dinner 1700-1930. Ordering Period 1 FOB: Destination

0007 540 Hours Midnight Service

FFP

Additional Meal Service, Midnight Service: Additional Meal Service, Midnight Service may be required. Midnight meal serving hours will be from 2330-0030.

Services to be provided or discontinued shall be within 168 hours of advance government notice. Service shall be invoiced in accordance with CLIN entitled “Midnight Services.⠀ Ordering Period 1 FOB: Destination

1001 12 Months OPTION Full Food Servicve DFAC Clay Kaserne

FFP

IThis CLIN includes systems to fully operate the restaurant. The systems include;

Dining Facility Management, Administration, Rations Receipt and Storage, Shift / Food preparation, Repair and Utilities and Dining Facility Attendant Back of the House (BOH) and Front of the House (FOH) duties located at Clay Kaserne, Germany in accordance with (IAW) the Performance Work Statement (PWS). 350 Meals per day. Ordering Period 2 FOB: Destination

1002 3 Days OPTION FFS- Additional 550 Meals

FFP

This focuses on Holiday meal services: Thanksgiving, Christmas, and Army Birthday. Includes FoH (Dining Facility Attendants) and BoH (additional Food Service workers). Covers anticipated increase to headcount and adjustment to meal service hours. This focuses on Holiday meal services: Thanksgiving, Christmas, and Army Birthday. Includes FoH (Dining Facility Attendants) and BoH (additional Food Service workers). Covers anticipated increase to headcount and adjustment to meal service hours. Additional 550 meals augmenting CLIN 1001.

Ordering Period 2

1003 200 Days OPTION Additional 850 Meals

FFP

This CLIN focuses on headcount influxes at Clay Kaserne. This CLIN focuses on headcount influxes at Clay Kaserne. Additional 850 meals augmenting CLIN 1001.

Ordering Period 2

1004 200 Days OPTION Additioal 1250 Meals

FFP

This focuses on headcount influxes at Clay Kaserne. Additional 1250 meals augmenting CLIN 1001. Ordering Period 2

1005 540 Hours OPTION Expanded Services

FFP

Expanded Serving Hours including Modified Weekend Schedule: Expanded meal serving hours may be required. Services to be provided or discontinued shall be within 48 hours of advance government notice. Service shall be invoiced in accordance with CLIN entitled “Expanded Services.⠀ Modified weekday and weekend Schedule consist of the following: Mon-Fri: Breakfast 0600-0830, Lunch 1130-1300, Dinner1700-1930. Sat, Sun & Holidays and Training Holidays:

Breakfast 0600-0830, Lunch 1130-1300, Dinner 1700-1930. Ordering Period 2

1006 540 Hours OPTION Midnight Service

FFP

Additional Meal Service, Midnight Service: Additional Meal Service, Midnight Service may be required. Midnight meal serving hours will be from 2330-0030.

Services to be provided or discontinued shall be within 168 hours of advance government notice. Service shall be invoiced in accordance with CLIN entitled “Midnight Services.⠀ Ordering Period 2

2001 12 Months OPTION Full Food Servicve DFAC Clay Kaserne

FFP

IThis CLIN includes systems to fully operate the restaurant. The systems include;

Dining Facility Management, Administration, Rations Receipt and Storage, Shift / Food preparation, Repair and Utilities and Dining Facility Attendant Back of the House (BOH) and Front of the House (FOH) duties located at Clay Kaserne, Germany in accordance with (IAW) the Performance Work Statement (PWS). 350 Meals per day. Ordering Period 3

2002 3 Days OPTION FFS- Additional 550 Meals

FFP

This focuses on Holiday meal services: Thanksgiving, Christmas, and Army Birthday. Includes FoH (Dining Facility Attendants) and BoH (additional Food Service workers). Covers anticipated increase to headcount and adjustment to meal service hours. This focuses on Holiday meal services: Thanksgiving, Christmas, and Army Birthday. Includes FoH (Dining Facility Attendants) and BoH (additional Food Service workers). Covers anticipated increase to headcount and adjustment to meal service hours. Additional 550 meals augmenting CLIN 2001.

Ordering Period 3

2003 200 Days OPTION Additional 850 Meals

FFP

This CLIN focuses on headcount influxes at Clay Kaserne. This CLIN focuses on headcount influxes at Clay Kaserne. Additional 850 meals augmenting CLIN 2001.

Ordering Period 3

2004 200 Days OPTION Additional 1250 Meals

FFP

This focuses on headcount influxes at Clay Kaserne. Additional 1250 meals augmenting CLIN 2001. Ordering Period 3

2005 540 Hours OPTION Expanded Services

FFP

Expanded Serving Hours including Modified Weekend Schedule: Expanded meal serving hours may be required. Services to be provided or discontinued shall be within 48 hours of advance government notice. Service shall be invoiced in accordance with CLIN entitled “Expanded Services.⠀ Modified weekday and weekend Schedule consist of the following: Mon-Fri: Breakfast 0600-0830, Lunch 1130-1300, Dinner1700-1930. Sat, Sun & Holidays and Training Holidays:

Breakfast 0600-0830, Lunch 1130-1300, Dinner 1700-1930. Ordering Period 3

2006 540 Days OPTION Midnight Services

FFP

Additional Meal Service, Midnight Service: Additional Meal Service, Midnight Service may be required. Midnight meal serving hours will be from 2330-0030.

Services to be provided or discontinued shall be within 168 hours of advance government notice. Service shall be invoiced in accordance with CLIN entitled “Midnight Services.⠀ Ordering Period 3

3001 12 Months OPTION Full Food service DFAC Clay Kaserne

FFP

IThis CLIN includes systems to fully operate the restaurant. The systems include;

Dining Facility Management, Administration, Rations Receipt and Storage, Shift / Food preparation, Repair and Utilities and Dining Facility Attendant Back of the House (BOH) and Front of the House (FOH) duties located at Clay Kaserne, Germany in accordance with (IAW) the Performance Work Statement (PWS). 350 Meals per day. Ordering Period 4

3002 3 Days OPTION FFS - Additional 550 Meals

FFP

This focuses on Holiday meal services: Thanksgiving, Christmas, and Army Birthday. Includes FoH (Dining Facility Attendants) and BoH (additional Food Service workers). Covers anticipated increase to headcount and adjustment to meal service hours. This focuses on Holiday meal services: Thanksgiving, Christmas, and Army Birthday. Includes FoH (Dining Facility Attendants) and BoH (additional Food Service workers). Covers anticipated increase to headcount and adjustment to meal service hours. Additional 550 meals augmenting CLIN 3001.

Ordering Period 4

3003 200 Days OPTION Additional 850 Meals

FFP

This CLIN focuses on headcount influxes at Clay Kaserne. This CLIN focuses on headcount influxes at Clay Kaserne. Additional 850 meals augmenting CLIN 3001.

Ordering Period 4

3004 200 Days OPTION Additional 1250 Meals

FFP

This focuses on headcount influxes at Clay Kaserne. Additional 1250 meals augmenting CLIN 3001. Ordering Period 4

3005 540 Hours OPTION Expanded Services

FFP

Expanded Serving Hours including Modified Weekend Schedule: Expanded meal serving hours may be required. Services to be provided or discontinued shall be within 48 hours of advance government notice. Service shall be invoiced in accordance with CLIN entitled “Expanded Services.⠀ Modified weekday and weekend Schedule consist of the following: Mon-Fri: Breakfast 0600-0830, Lunch 1130-1300, Dinner1700-1930. Sat, Sun & Holidays and Training Holidays:

Breakfast 0600-0830, Lunch 1130-1300, Dinner 1700-1930. Ordering Period 4

3006 540 Hours OPTION Midnight Services

FFP

Additional Meal Service, Midnight Service: Additional Meal Service, Midnight Service may be required. Midnight meal serving hours will be from 2330-0030.

Services to be provided or discontinued shall be within 168 hours of advance government notice. Service shall be invoiced in accordance with CLIN entitled “Midnight Services.⠀ Ordering Period 4

7500 1 Job Contract Mannpower Reporting (CMR)

FFP

The Contractor shall Set up and report IAW Paragraph 5.8. of the PWS entitled Contractor Manpower Reporting (CMR). Note that reporting is due NLT 31 Oct after the completion of each fiscal year (Sept 30) or part of a fiscal year for which such contract is active. Final payment will not be processed until such time as the COR has verified completion of CMR reporting requirements.

7501 1 Job OPTION Contract Mannpower Reporting (CMR)

FFP

The Contractor shall Set up and report IAW Paragraph 5.8. of the PWS entitled Contractor Manpower Reporting (CMR). Note that reporting is due NLT 31 Oct after the completion of each fiscal year (Sept 30) or part of a fiscal year for which such contract is active. Final payment will not be processed until such time as the COR has verified completion of CMR reporting requirements.

7502 1 Job OPTION Contract Mannpower Reporting (CMR)

FFP

The Contractor shall Set up and report IAW Paragraph 5.8. of the PWS entitled Contractor Manpower Reporting (CMR). Note that reporting is due NLT 31 Oct after the completion of each fiscal year (Sept 30) or part of a fiscal year for which such contract is active. Final payment will not be processed until such time as the COR has verified completion of CMR reporting requirements.

7503 1 Job OPTION Contract Mannpower Reporting (CMR)

FFP

The Contractor shall Set up and report IAW Paragraph 5.8. of the PWS entitled Contractor Manpower Reporting (CMR). Note that reporting is due NLT 31 Oct after the completion of each fiscal year (Sept 30) or part of a fiscal year for which such contract is active. Final payment will not be processed until such time as the COR has verified completion of CMR reporting requirements.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 1005 Destination Government Destination Government 1006 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 2005 Destination Government Destination Government 2006 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 3005 Destination Government Destination Government 3006 Destination Government Destination Government

7500 Destination Government Destination Government 7501 Destination Government Destination Government 7502 Destination Government Destination Government 7503 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 18-SEP-2024 TO

17-NOV-2024

N/A 0007 HQ HQ USAREUR AUG

USAREUR, G-1

UNIT 29351

09005 APO

UNITED STATES

049-6372-8423728

WK4UT1

0002 POP 18-NOV-2024 TO

17-SEP-2025

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 18-NOV-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 18-NOV-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 18-NOV-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 18-NOV-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 18-NOV-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 18-SEP-2025 TO

17-SEP-2026

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 18-SEP-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 18-SEP-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 18-SEP-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

1005 POP 18-SEP-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

1006 POP 18-SEP-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 18-SEP-2026 TO

17-SEP-2027

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 18-SEP-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 18-SEP-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 18-SEP-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

2005 POP 18-SEP-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

2006 POP 18-SEP-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 18-SEP-2027 TO

17-SEP-2028

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 18-SEP-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 18-SEP-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 18-SEP-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

3005 POP 18-SEP-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

3006 POP 18-SEP-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

7500 POP 18-NOV-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

7501 POP 18-SEP-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

7502 POP 18-SEP-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

7503 POP 18-SEP-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

NOV 2021

52.209-12 Certification Regarding Tax Matters OCT 2020 52.210-1 Market Research NOV 2021 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

SEP 2023

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2023

52.214-34 Submission Of Offers In The English Language APR 1991 52.222-56 Certification Regarding Trafficking in Persons Compliance

Plan.

OCT 2020

52.225-14 Inconsistency Between English Version And Translation Of Contract

FEB 2000

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.232-18 Availability Of Funds APR 1984 52.232-19 Availability Of Funds For The Next Fiscal Year APR 1984 52.232-37 Multiple Payment Arrangements MAY 1999 52.237-1 Site Visit APR 1984 52.237-3 Continuity Of Services JAN 1991 52.245-1 Government Property SEP 2021 52.245-9 Use And Charges APR 2012 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005…