Draft W912CM-21-Q-0014.docx

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Maintenance & Repair of Liquid Storage Tanks, Germany
Solicitation number
W912CM-21-Q-0014
Issued by

About this file

This document provides a draft performance work statement and inventory list for a solicitation seeking maintenance and repair services for aboveground and underground liquid storage tanks within the United States Army Garrison Wiesbaden, Germany. The Regional Contracting Office Wiesbaden intends to competitively award a single non-personal services hybrid firm-fixed-price contract with time-and-materials line items. The base year will be awarded with two option years. The anticipated period of performance begins on or around September 27, 2021. Interested offerors should monitor the System for Award Management and BetaSAM, as solicitation W912CM-21-Q-0014 is expected to be issued on or about August 16, 2021. Offerors must be registered in SAM at the time of proposal submission. The draft documents are provided for planning purposes only and are subject to change in the final solicitation.

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Draft Inventory List Tanks Exhibit A.xlsx XLSX spreadsheet

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Text version

W912CM21Q0014

Section SF 1449 - CONTINUATION SHEET

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Job

Maintenance of Liquid Storage Tanks

FFP

The contractor shall provide non-personal maintenance and repair services to underground (UST) and above ground (AST) liquid storage tanks within the USAG Wiesbaden Area as listed in Technical Exhibit (TE) A, Maintenance & Inspection Price Book # 1. (For detail see Technical Exhibit (TE) C, Tank Inventory Maintenance & TUEV Inspection Schedule, column "Next TUEV"). The contractor shall perform services in accordance with (IAW) paragraphs 1.3 and 5.1 of the Performance Work Statement (PWS). The contractor shall price this line item in TE A - Price Book 1.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011611121

PSC CD: J099

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Job

On-Call Repairs Tanks T&M

FFP

Routine Service Calls FFP NOTE: OFFERORS NEED NOT PRICE THIS LINE ITEM. Routine Service Calls, maintenance repair services on tanks scheduled for PM (scheduled maintenance see TE C Tank Inventory Schedule column Next TUEV). For tanks that have been identified during PM requiring repair parts in excess of € 50.00. Routine repair service calls shall be performed during regular work hours in accordance with (IAW) paragraph (should read 5.3.1) 1.4.4 of the Pewrformance Work Statement.. The Contractor shall perform routine repairs in excess of € 10,000 in Base Year, € 10,000 in Option Year 1, € 10,000 in Option Year 2, only after receipt of written modification to the contract signed by the Contracting Officer. used at Cranes: On-demand repair for Tanks/Liquid Storage at the USAG-Wiesbaden IAW PWS and reimbursed IAW the paragraph "Payments" in FAR 52.212-4 (ALT 1). Work shall be priced based on the hourly labor rates shown in Price Book Attachment 1. Repair/spare parts IAW PWS prices for such parts shall be reimbursed at actual cost (seller's invoice) and in accordance with the paragraph "Payments" in FAR 52.212-4 (ALT 1). The labor hour rates and material costs will not be paid for those repairs which are performed during regular maintenance services. The amount of this CLIN is an estimated ceiling amount which shall under no circumstances be exceeded without prior approval of the Contracting Officer. Based upon the Government's needs, the Contracting Officer may approve ceiling increases of the T&M portion of this contract, up to 25% the awarded estimated amount.

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Job

On-Call Repairs Fuel Pumps T&M T&M On- Calls Fuel Pumps On-call repairs (time-and-material) for routine repair calls or needed repairs found after inspection and maintenance work in accordance with (IAW) with Performance Work Specifications (PWS) paragraph (should read 5.7.5) 5.5.14. Work shall be priced based on the hourly labor rates shown below and cost of repair parts per seller's invoice. Travel for emergency on call repairs will be paid at the rates indicated below. The labor hour rates and travel costs will not be paid for those repairs which are performed during regular maintenance services. Regular Labor Hours: Monday - Friday 07:30 hrs. through 16:00 hrs used at cranes: For On-demand repair for Fuel Pumps at the USAG-Wiesbaden IAW PWS and reimbursed IAW the paragraph "Payments" in FAR 52.212-4 (ALT 1). Work shall be priced based on the hourly labor rates shown in Price Book Attachment 1. Repair/spare parts IAW PWS prices for such parts shall be reimbursed at actual cost (seller's invoice) and in accordance with the paragraph "Payments" in FAR 52.212-4 (ALT 1). The labor hour rates and material costs will not be paid for those repairs which are performed during regular maintenance services. The amount of this CLIN is an estimated ceiling amount which shall under no circumstances be exceeded without prior approval of the Contracting Officer. Based upon the Government's needs, the Contracting Officer may approve ceiling increases of the T&M portion of this contract, up to 25% the awarded estimated amount.

FOB: Destination

TOT ESTIMATED PRICE

CEILING PRICE

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Job

Materials T&M Material and Repair Parts T&M Scheduled maintenance and routine service calls shall include material up to 50.00 Euro in the fixed price and will be not been compensated separately. Routine repairs requiring materials exceeding 50.00 Euro shall only be performed after receipt of written approval by the COR.

FOB: Destination

TOT ESTIMATED PRICE

CEILING PRICE

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Job
OPTION
Maintenance of Liquid Storage Tanks

FFP

The contractor shall provide non-personal maintenance and repair services to underground (UST) and above ground (AST) liquid storage tanks within the USAG Wiesbaden Area as listed in Technical Exhibit (TE) A, Maintenance & Inspection Price Book # 1. (For detail see Technical Exhibit (TE) C, Tank Inventory Maintenance & TUEV Inspection Schedule, column "Next TUEV"). The contractor shall perform services in accordance with (IAW) paragraphs 1.3 and 5.1 of the Performance Work Statement (PWS). The contractor shall price this line item in TE A - Price Book 1.

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Job
OPTION
On-Call Repairs Tanks T&M

FFP

Routine Service Calls FFP NOTE: OFFERORS NEED NOT PRICE THIS LINE ITEM. Routine Service Calls, maintenance repair services on tanks scheduled for PM (scheduled maintenance see TE C Tank Inventory Schedule column Next TUEV). For tanks that have been identified during PM requiring repair parts in excess of € 50.00. Routine repair service calls shall be performed during regular work hours in accordance with (IAW) paragraph (should read 5.3.1) 1.4.4 of the Pewrformance Work Statement.. The Contractor shall perform routine repairs in excess of € 10,000 in Base Year, € 10,000 in Option Year 1, € 10,000 in Option Year 2, only after receipt of written modification to the contract signed by the Contracting Officer. used at Cranes: On-demand repair for Tanks/Liquid Storage at the USAG-Wiesbaden IAW PWS and reimbursed IAW the paragraph "Payments" in FAR 52.212-4 (ALT 1). Work shall be priced based on the hourly labor rates shown in Price Book Attachment 1. Repair/spare parts IAW PWS prices for such parts shall be reimbursed at actual cost (seller's invoice) and in accordance with the paragraph "Payments" in FAR 52.212-4 (ALT 1). The labor hour rates and material costs will not be paid for those repairs which are performed during regular maintenance services. The amount of this CLIN is an estimated ceiling amount which shall under no circumstances be exceeded without prior approval of the Contracting Officer. Based upon the Government's needs, the Contracting Officer may approve ceiling increases of the T&M portion of this contract, up to 25% the awarded estimated amount.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Job
OPTION
On-Call Repairs Fuel Pumps T&M

T&M On- Calls Fuel Pumps On-call repairs (time-and-material) for routine repair calls or needed repairs found after inspection and maintenance work in accordance with (IAW) with Performance Work Specifications (PWS) paragraph (should read 5.7.5) 5.5.14. Work shall be priced based on the hourly labor rates shown below and cost of repair parts per seller's invoice. Travel for emergency on call repairs will be paid at the rates indicated below. The labor hour rates and travel costs will not be paid for those repairs which are performed during regular maintenance services. Regular Labor Hours: Monday - Friday 07:30 hrs. through 16:00 hrs used at cranes: For On-demand repair for Fuel Pumps at the USAG-Wiesbaden IAW PWS and reimbursed IAW the paragraph "Payments" in FAR 52.212-4 (ALT 1). Work shall be priced based on the hourly labor rates shown in Price Book Attachment 1. Repair/spare parts IAW PWS prices for such parts shall be reimbursed at actual cost (seller's invoice) and in accordance with the paragraph "Payments" in FAR 52.212-4 (ALT 1). The labor hour rates and material costs will not be paid for those repairs which are performed during regular maintenance services. The amount of this CLIN is an estimated ceiling amount which shall under no circumstances be exceeded without prior approval of the Contracting Officer. Based upon the Government's needs, the Contracting Officer may approve ceiling increases of the T&M portion of this contract, up to 25% the awarded estimated amount.

TOT ESTIMATED PRICE

CEILING PRICE

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Job
OPTION
Materials

T&M Material and Repair Parts T&M Scheduled maintenance and routine service calls shall include material up to 50.00 Euro in the fixed price and will be not been compensated separately. Routine repairs requiring materials exceeding 50.00 Euro shall only be performed after receipt of written approval by the COR.

TOT ESTIMATED PRICE

CEILING PRICE

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Job
OPTION
Maintenance of Liquid Storage Tanks

FFP

The contractor shall provide non-personal maintenance and repair services to underground (UST) and above ground (AST) liquid storage tanks within the USAG Wiesbaden Area as listed in Technical Exhibit (TE) A, Maintenance & Inspection Price Book # 1. (For detail see Technical Exhibit (TE) C, Tank Inventory Maintenance & TUEV Inspection Schedule, column "Next TUEV"). The contractor shall perform services in accordance with (IAW) paragraphs 1.3 and 5.1 of the Performance Work Statement (PWS). The contractor shall price this line item in TE A - Price Book 1.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Job
OPTION
On-Call Repairs Tanks T&M

FFP

Routine Service Calls FFP NOTE: OFFERORS NEED NOT PRICE THIS LINE ITEM. Routine Service Calls, maintenance repair services on tanks scheduled for PM (scheduled maintenance see TE C Tank Inventory Schedule column Next TUEV). For tanks that have been identified during PM requiring repair parts in excess of € 50.00. Routine repair service calls shall be performed during regular work hours in accordance with (IAW) paragraph (should read 5.3.1) 1.4.4 of the Pewrformance Work Statement.. The Contractor shall perform routine repairs in excess of € 10,000 in Base Year, € 10,000 in Option Year 1, € 10,000 in Option Year 2, only after receipt of written modification to the contract signed by the Contracting Officer. used at Cranes: On-demand repair for Tanks/Liquid Storage at the USAG-Wiesbaden IAW PWS and reimbursed IAW the paragraph "Payments" in FAR 52.212-4 (ALT 1). Work shall be priced based on the hourly labor rates shown in Price Book Attachment 1. Repair/spare parts IAW PWS prices for such parts shall be reimbursed at actual cost (seller's invoice) and in accordance with the paragraph "Payments" in FAR 52.212-4 (ALT 1). The labor hour rates and material costs will not be paid for those repairs which are performed during regular maintenance services. The amount of this CLIN is an estimated ceiling amount which shall under no circumstances be exceeded without prior approval of the Contracting Officer. Based upon the Government's needs, the Contracting Officer may approve ceiling increases of the T&M portion of this contract, up to 25% the awarded estimated amount.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Job
OPTION
On-Call Repairs Fuel Pumps T&M

T&M On- Calls Fuel Pumps On-call repairs (time-and-material) for routine repair calls or needed repairs found after inspection and maintenance work in accordance with (IAW) with Performance Work Specifications (PWS) paragraph (should read 5.7.5) 5.5.14. Work shall be priced based on the hourly labor rates shown below and cost of repair parts per seller's invoice. Travel for emergency on call repairs will be paid at the rates indicated below. The labor hour rates and travel costs will not be paid for those repairs which are performed during regular maintenance services. Regular Labor Hours: Monday - Friday 07:30 hrs. through 16:00 hrs used at cranes: For On-demand repair for Fuel Pumps at the USAG-Wiesbaden IAW PWS and reimbursed IAW the paragraph "Payments" in FAR 52.212-4 (ALT 1). Work shall be priced based on the hourly labor rates shown in Price Book Attachment 1. Repair/spare parts IAW PWS prices for such parts shall be reimbursed at actual cost (seller's invoice) and in accordance with the paragraph "Payments" in FAR 52.212-4 (ALT 1). The labor hour rates and material costs will not be paid for those repairs which are performed during regular maintenance services. The amount of this CLIN is an estimated ceiling amount which shall under no circumstances be exceeded without prior approval of the Contracting Officer. Based upon the Government's needs, the Contracting Officer may approve ceiling increases of the T&M portion of this contract, up to 25% the awarded estimated amount.

TOT ESTIMATED PRICE

CEILING PRICE

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Job
OPTION
Materials

T&M Material and Repair Parts T&M Scheduled maintenance and routine service calls shall include material up to 50.00 Euro in the fixed price and will be not been compensated separately. Routine repairs requiring materials exceeding 50.00 Euro shall only be performed after receipt of written approval by the COR.

TOT ESTIMATED PRICE

CEILING PRICE

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
N/A
Government
Destination
Government
0004
N/A
Government
Destination
Government
1001
Destination
Government
Destination
Government
1002
Destination
Government
Destination
Government
1003
N/A
Government
Destination
Government
1004
N/A
Government
Destination
Government
2001
Destination
Government
Destination
Government
2002
Destination
Government
Destination
Government
2003
N/A
Government
Destination
Government
2004
N/A
Government
Destination
Government

DELIVERY INFORMATION

CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
DODAAC / CAGE
0001
POP 27-SEP-2021 TO

26-SEP-2022

N/A
W6E9 USAG WIESBADEN

W6E9 USAG WIESBADEN

UNIT 29623

APO AE 09096

314-537-4325

W582RS

0002
POP 27-SEP-2021 TO

26-SEP-2022

N/A
(SAME AS PREVIOUS LOCATION)

W582RS

0003
POP 27-SEP-2021 TO

26-SEP-2022

N/A
(SAME AS PREVIOUS LOCATION)

W582RS

0004
POP 27-SEP-2021 TO

26-SEP-2022

N/A
ANDREAS ALBRECHT DPW O&M CONTRACT BRANCH

ANDREAS ALBRECHT DPW O&M CONTRACT B

01959 65205 WIESBADEN, LUCIUS D. CLAY KASERN

UNIT 29623, BOX 30, APO AE 09005-9623

W582RS

1001
POP 27-SEP-2022 TO

26-SEP-2023

N/A
W6E9 USAG WIESBADEN

W6E9 USAG WIESBADEN

UNIT 29623

APO AE 09096

314-537-4325

W582RS

1002
POP 27-SEP-2022 TO

26-SEP-2023

N/A
(SAME AS PREVIOUS LOCATION)

W582RS

1003
POP 27-SEP-2022 TO

26-SEP-2023

N/A
(SAME AS PREVIOUS LOCATION)

W582RS

1004
POP 27-SEP-2022 TO

26-SEP-2023

N/A
ANDREAS ALBRECHT DPW O&M CONTRACT BRANCH

ANDREAS ALBRECHT DPW O&M CONTRACT B

01959 65205 WIESBADEN, LUCIUS D. CLAY KASERN

UNIT 29623, BOX 30, APO AE 09005-9623

W582RS

2001
POP 27-SEP-2023 TO

26-SEP-2024

N/A
W6E9 USAG WIESBADEN

W6E9 USAG WIESBADEN

UNIT 29623

APO AE 09096

314-537-4325

W582RS

2002
POP 27-SEP-2023 TO

26-SEP-2024

N/A
(SAME AS PREVIOUS LOCATION)

W582RS

2003
POP 27-SEP-2023 TO

26-SEP-2024

N/A
(SAME AS PREVIOUS LOCATION)

W582RS

2004
POP 27-SEP-2023 TO

26-SEP-2024

N/A
ANDREAS ALBRECHT DPW O&M CONTRACT BRANCH

ANDREAS ALBRECHT DPW O&M CONTRACT B

01959 65205 WIESBADEN, LUCIUS D. CLAY KASERN

UNIT 29623, BOX 30, APO AE 09005-9623

W582RS

CLAUSES INCORPORATED BY REFERENCE

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
52.204-18
Commercial and Government Entity Code Maintenance
AUG 2020
52.204-19
Incorporation by Reference of Representations and Certifications.
DEC 2014
52.204-25
Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
AUG 2020
52.212-1
Instructions to Offerors--Commercial Items
JUL 2021
52.216-31
Time-and-Materials/Labor-Hour Proposal Requirements--Commercial Item Acquisition
FEB 2007
52.217-5
Evaluation Of Options
JUL 1990
52.225-14
Inconsistency Between English Version And Translation Of Contract
FEB 2000
52.225-17
Evaluation of Foreign Currency Offers
FEB 2000
52.229-6
Taxes--Foreign Fixed-Price Contracts
FEB 2013
52.232-40
Providing Accelerated Payments to Small Business Subcontractors
DEC 2013
52.233-3
Protest After Award
AUG 1996
52.233-4
Applicable Law for Breach of Contract Claim
OCT 2004
52.237-2
Protection Of Government Buildings, Equipment, And Vegetation
APR 1984
52.242-13
Bankruptcy
JUL 1995
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
SEP 2013
252.203-7005
Representation Relating to Compensation of Former DoD Officials
NOV 2011
252.204-7003
Control Of Government Personnel Work Product
APR 1992
252.204-7004
Antiterrorism Awareness Training for Contractors.
FEB 2019
252.204-7007
Alternate A, Annual Representations and Certifications
MAY 2021
252.204-7008
Compliance With Safeguarding Covered Defense Information Controls
OCT 2016
252.204-7012
Safeguarding Covered Defense Information and Cyber Incident Reporting
DEC 2019
252.204-7015
Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.204-7016
Covered Defense Telecommunications Equipment or Services -- Representation
DEC 2019
252.204-7017
Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation
MAY 2021
252.204-7018
Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2021
252.204-7019
Notice of NIST SP 800-171 DoD Assessment Requirements
NOV 2020
252.204-7020
NIST SP 800-171 DoD Assessment Requirements
NOV 2020
252.209-7004
Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism
MAY 2019
252.215-7007
Notice of Intent to Resolicit
JUN 2012
252.215-7008
Only One Offer
JUL 2019
252.223-7006
Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials
SEP 2014
252.223-7008
Prohibition of Hexavalent Chromium
JUN 2013
252.225-7048
Export-Controlled Items
JUN 2013
252.225-7974 (Dev)
Representation Regarding Business Operations with the Maduro Regime (DEVIATION 2020-O0005)
FEB 2020
52.229-11
Tax on Certain Foreign Procurements--Notice and Representation
JUN 2020
252.232-7003
Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7010
Levies on Contract Payments
DEC 2006
252.232-7017
Accelerating Payments to Small Business Subcontractors--Prohibition on Fees and Consideration
APR 2020
252.233-7001
Choice of Law (Overseas)
JUN 1997
252.237-7010
Prohibition on Interrogation of Detainees by Contractor Personnel
JUN 2013
252.242-7006
Accounting System Administration
FEB 2012
252.243-7002
Requests for Equitable Adjustment
DEC 2012
252.244-7000
Subcontracts for Commercial Items
JAN 2021
252.246-7003
Notification of Potential Safety Issues
JUN 2013
252.246-7008
Sources of Electronic Parts
MAY 2018
252.247-7023
Transportation of Supplies by Sea
FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [] will, [] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

Maintenance, Repair, Technical Inspection and Certification of Aboveground Liquid Storage Tanks, Underground Liquid Storage Tanks, and Fuel Pumps

Part 1 General Information

1. General: This is a non-personal service(s) contract under which the personnel rendering the service(s) are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

1.1 Description of Services/Introduction: This is a non-personal services contract to provide Maintenance, Repair, TUEV Technical Inspection and Certification of aboveground (AST) and underground (UST) liquid storage tanks and fuel pumps within the USAG Wiesbaden Area as listed in Attachment 1: Tank Inventory List, Maintenance & TUEV Inspection Schedule. The Government will not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.2 Background: The United States Army Garrison (USAG) Wiesbaden requires regular maintenance, scheduled interior cleaning, degassing and occasional repair, technical inspections and certification of its above ground and underground liquid storage tanks to ensure they are functioning correctly and comply with all Army Regulations and Host Nation criteria. The USAG Wiesbaden must ensure that the mechanical and electrical equipment (fixed or freestanding) listed in Attachment 1 is maintained or repaired in accordance with established commercial standards and the performance standards as specified herein.

1.3 Scope: The Contractor shall provide non-personal services for scheduled interior cleaning, degassing and occasional repair, technical inspections and certification of above ground and underground liquid storage tanks; technical inspection (TUEV) and certification and repair of filling areas, gasoline and JP8/diesel stations, vapor recovery systems, and propane gas tanks (liquefied gas). Additionally, the Contractor shall provide preventive maintenance, calibration and adjustment of fuel pumps. The Contractor shall provide all necessary management, personnel, supervision, tools, parts, materials, general and specialized equipment, electronic communication, reporting, and transportation necessary to perform preventive maintenance and on-call repairs. The Contractor shall have adequate personnel to allow for repairs to be carried out on several items of equipment at varying locations simultaneously. The Contractor shall comply with existing applicable laws and regulations for these services, including environmental laws, and accepted commercial standards and practices.

1.4 Objectives: The basic service objective is to provide maintenance, repair, TUEV technical inspections and certification of aboveground (AST) and underground (UST) liquid storage tanks within the USAG Wiesbaden Area as listed in Attachment 1.

1.5 General Information

1.5.1 Quality Control Plan (QCP): The Contractor shall develop and maintain a QCP to ensure services are performed in accordance with (IAW) this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor's QCP is the means by which it assures that the work provided complies with the requirements of the contract.

The Contractor’s Proposed QCP shall be submitted to the Contracting Officer (KO) through the Contracting Officer’s Representative (COR) for review within 10 work days after date of contract award (Deliverable 1).

The Government will review and either notify the Contractor in writing of acceptance of the plan or return their comments to the Contractor within 10 work days. If the Government has provided comments, the Contractor shall then have 5 work days to submit a Final QCP. After receipt of the Final QCP, the Contractor may receive the Contracting Officer’s acceptance in writing. Any proposed changes to the accepted QCP are required to be resubmitted for acceptance by the COR no later than 10 work days prior to the anticipated change and before implementation by the Contractor. The timeline noted above will apply for review and acceptance for proposed changes. At a minimum, the QCP must include and answer the following to be acceptable:

a. A chart showing the organizational structure and lines of authority, the names, qualifications, duties, responsibilities, and classification of each member of the Contractor's Quality Control Team.

b. How will the Contractor monitor work to ensure that performance complies with all deliverables (etc. timelines, deadlines, and goals)?

c. How will the Contractor monitor work to ensure that performance complies with all specifications and requirements of the contract, including clauses?

d. How will the Contractor monitor and ensure staff qualifications remain current and valid including DOCPER processes/approvals throughout contract performance?

e. How will the Contractor ensure all keys issued will remain controlled items (Paragraph 1.7 Key Control)?

f. How will the Contractor inventory and track maintenance of all Government Provided Equipment / Materials?

g. How will the Contractor identify, investigate, and correct any non-conforming performance and prevent similar deficiencies in the future?

h. How will the Contractor file and save all Quality Control related documents for the life of the contract plus 5 years?

1.5.1.1 The Contractor shall inform the COR of issues or potential issues that might affect the performance as soon as possible.

1.5.2 Quality Assurance: The Government will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the acceptable quality levels (performance thresholds).

1.5.3 Recognized Holidays: The following provides information on recognized holidays for the purpose of the PWS. If submittal of any documentation (e.g. deliverables, submittals, etc.) deadlines fall on a holiday, the closest work day prior to the holiday will apply as the deadline for submittal.

1.5.3.1 U.S. Holidays: Work shall not be performed on U.S. holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer. When a U.S holiday occurs on a Saturday or a Sunday, the holiday is observed on the preceding Friday or following Monday, respectively.

New Year’s Day January 1stM. L. King Memorial Day 3rd Monday in January
Presidents Day 3rd Monday in FebruaryMemorial Day last Monday in May
Juneteenth June 19thIndependence Day July 4th
Labor Day 1st Monday in SeptemberColumbus Day 2nd Monday in October
Veteran’s Day November 11thThanksgiving Day 4th Thursday in November

Christmas Day December 25th

1.5.3.2 Host Nation Holidays: Work shall not be performed on local Host Nation holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer.

New Year’s Day 01 JanuaryGood Friday varies yearly
Easter Monday varies yearlyLabor Day 01 May
Ascension Day varies yearlyWhit Monday varies yearly
Corpus Christi varies yearlyDay of German Unity 03 October
1st Christmas Day 25 December2nd Christmas Day 26 December

1.5.4 Operating Hours: The Government facility office hours, facility operating hours, and the Contractor support hour requirements often coincide, however, they may differ. Please refer to the following.

1.5.4.1 Government Facility Office Hours: The Government facility office hours are 0700 to 1600, Monday through Friday except U.S. Holidays identified in paragraph 1.5.3.1 above or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.5.4.2 Government Facility Operating Hours: See above.

1.5.4.3 Contractor Support Hours: The Contractor shall provide support between the hours of 07:15 – 16:00 Central European Time (CET) ), Monday through Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential. For other than firm fixed price contracts, the Contractor will not be reimbursed when the Government facility is closed for the above reasons.

1.5.4.3.1 Contractor Work Plan: RESERVED

1.5.5 Training Holidays: USAREUR has historically granted military personnel training holidays as compensation for time that they spent in field training. These are typically combined with regular holiday leave schedules (for example, Christmas half days or day on day off schedules). Training holidays may affect access to military operated facilities. If scheduled work or access to facilities is required, coordination with occupants will be necessary or the work in affected facilities shall be rescheduled after the training holiday. However, announced training holidays or exodus of military personnel may provide the Contractor with an opportunity for unrestricted access to facilities and areas. The Contractor shall take full advantage of such opportunities by planning maintenance or actions that are better accomplished when such areas are vacant.

1.5.6 Place of Performance: The services to be performed under this contract will be performed at various locations throughout the USAG Wiesbaden footprint. Specific tank locations are identified in the inventory list in Attachment 1.

1.6 Security Requirements: RESERVED

1.6.1 Security Program: RESERVED

1.6.2 Personnel Security Clearance Requirements: RESERVED

1.6.3 Installation Access: 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 Army in Europe (AE) Regulation 190-16 (AE Reg 190-16) Installation Access Control or (AE) Regulation 604-1 for Germany specific contracts, will be grounds for denying access to U.S. installations and controlled areas. The Contractor shall ensure that any subcontractors 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. Should anything in this paragraph conflict with AE Reg 190-16 or (AE) Regulation 604-1, the regulation takes precedent.

The Contractor shall be aware of and comply 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 System (IACS) processing requirements.

The Contractor shall return installation passes to the issuing IACS office when the contract is completed or when a Contractor employee no longer requires access.

AE Reg 190-16 (and AE 190-16-G German translation) can be found on the following website: http://www.hq.usacce.army.mil/

1.6.3.1 In addition, the Contractor shall provide the Contracting Officer, via the COR, an Initial Installation Pass Log within 5 work days after contract award (Deliverable 2). The log shall be updated as employees are added or removed. The Updated Installation Pass Log shall be current and available at any time upon request by the Government and submitted to the COR within five (5) days after any changes to the log (Deliverable 2).

1.6.3.2 The Contractor shall collect the installation access passes the same day employment of an individual has expired or has been terminated and shall return them to the issuing office within 5 work days.

1.6.3.3 Upon termination or cancellation of this contract, the Contractor shall collect all outstanding installation access passes and return them to the issuing office within 5 work days.

1.6.3.4 Common Access Cards (CAC): RESERVED

1.6.4 Background Checks: Army in Europe (AE) Regulation 604-1 provides guidance pertaining to background checks for U.S. and Host Nation Contractors. The Contractor shall provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services, or Security Office, and residence permits for local national installation passes and access rosters. The Contractor workforce shall comply with all personal identity verification requirements as directed by DoD, HQDA, and local policy. The Contractor may have to complete additional security training to comply with the security standards of this contract. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor security matters or processes.

1.6.5 Physical Security: The Contractor shall safeguard all Government equipment, information, and property provided for Contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured IAW the Army Physical Security Program (AR 190-13).

1.6.6 Operations Security (OPSEC) Requirements: Contractor personnel shall adhere to facility security policies and restrictions. The Contractor shall immediately report suspicious activities to security personnel.

1.7 Key Control: The Contractor shall establish and implement methods of making sure all keys issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Contractor’s Security Plan and the QCP (Deliverable #1). Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any incidents of lost or duplicate keys to the Contracting Officer. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from payment due to the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the payment due to the Contractor. The Contractor shall prohibit the use of Government issued keys by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the QCP.

1.8 Post Award Conference/Periodic Progress Meetings: The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The Contracting Officer, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the Contracting Officer will apprise the Contractor of how the Government views the Contractor's performance and the Contractor shall apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.8.1 The Contractor shall attend, participate in, and furnish input to scheduled and unscheduled meetings, conferences, and briefings that relate to the functions and services herein as required by the Government to provide effective communication and impart necessary information. The Contract Manager or designated representative shall attend meetings as requested by the Government. Meeting attendees shall at times include Contractor managerial, supervisory, and other personnel knowledgeable of the subject matter. Meetings may start or end outside of regular duty hours.

1.9 Contracting Officer’s Representative (COR): Refer to Part 2 of this PWS for the definition of a COR. As determined by the Contracting Officer, a COR will be appointed and identified by letter of designation, a copy of which will be provided to the Contractor by the Contracting Officer. The designation letter states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates, or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is not authorized to obligate the Government. If the work is not written in the contract, the COR is not authorized to request new work. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, including Government drawings, designs, specifications, monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies, coordinate availability of Government property, and coordinate site entry of Contractor personnel.

1.10 Key Personnel: The following personnel are considered key personnel by the Government: contract manager and alternate contract manager. The Contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the Contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 07:15 – 16:00 Central European Time (CET), Monday through Friday except Federal holidays or when the Government facility is closed for administrative reasons.

The names of the manager and the alternate, who shall act for the Contractor, shall be designated in writing to the COR not later than 5 work days after contract award (Deliverable 3).

1.10.1 Special Qualifications

The manager and alternate manager shall be able to read, speak, and write English and the host nation language. All technical inspections shall be conducted by a certified TUEV Inspector. The Contractor company shall possess the following minimum qualifications for maintenance and repair of tanks:

a. Licensed as specialized company in accordance with para 19 (1) German Water Conservation Law (Wasserhaushaltsgesetz (WHG) and shall provide a current copy to the COR within three (3) work days of award (Deliverable 4).

b. Registered with the Chamber of Trade (Handwerkskammer) or the Chamber of Commerce (Industrie-und Handwerkskammer (IHK). The contractor shall provide a current copy to the COR of any updated certifications 30 days prior to the end of each option period (Deliverable 4).

All Contractor personnel performing maintenance and repair of fuel pumps shall possess the following minimum qualifications:

a. Certificate of completion for training in inspecting, maintaining, and repairing fuel pumps in compliance with “Sachkunde nach DIN 14406 Teil 4” and “befaehigte Person nach Betriebssicherheitsverordnung (TRBS 1203/2)”.

b. Technicians performing electrical services shall have at least Apprenticeship Diploma Electrical Engineering Testing and Control Technologies (unaltered German version ‘Gesellenbrief MSR Messen/Steuern/Regeln’).

1.11 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

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