DRAFT - W912CM24Q0014 Liquid Storage Tank Services.docx

W912CM24Q0014

Section SF 1449 - CONTINUATION SHEET

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 Attachment 1 Price Book Tanks. (For detail see Exhibit A Inventory List Tanks Maintenance & TUEV Inspection Schedule, column "Next TUEV"). The contractor shall perform services in accordance with (IAW) paragraphs 1.3 and Part 5 of the Performance Work Statement (PWS). The contractor shall price this line items in Attachment 1 - Price Book Tanks.

FOB: Destination

PURCHASE REQUEST NUMBER: 0012070911

PSC CD: J099

NET AMT

Job

On-Call Repairs Labor and Materials T&M On-Demand Service Calls to perform unscheduled maintenance repair services on tanks (see Exhibit A- Inventory List Tanks). Repair service calls shall be performed during regular work hours in accordance with (IAW) paragraph 1.5.4.3 of the Performance Work Statement. On- Calls Fuel Pumps On-call repairs (time-and-material) for repair calls or needed repairs found after inspection and maintenance work in accordance with (IAW) with Performance Work Specifications (PWS) paragraph 5.3.1. Material and Repair Parts costs up to 50 Euro included in CLIN 0001 will not be reimbursed as a material cost under CLIN 0002. Repairs requiring materials exceeding 50.00 Euro shall only be performed after receipt of written approval by the COR. Work shall be priced based on the hourly labor rates shown in Attachment 1 - Price Book–Labor Tanks. 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, schedule PM maintenance services. Regular Labor Hours: Monday - Friday 07:15 hrs. through 16:00 hrs. 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

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 Attachment 1 - Price Book Tanks. (For detail see Exhibit A Inventory List Tanks Maintenance & TUEV Inspection Schedule, column "Next TUEV"). The contractor shall perform services in accordance with (IAW) paragraphs 1.3 and Part 5 of the Performance Work Statement (PWS). The contractor shall price this line items in Attachment 1 - Price Book Tanks.

FOB: Destination

NET AMT

Job

T&M On-Demand Service Calls to perform unscheduled maintenance repair services on tanks (see Exhibit A- Inventory List Tanks). Repair service calls shall be performed during regular work hours in accordance with (IAW) paragraph 1.5.4.3 of the Performance Work Statement. On- Calls Fuel Pumps On-call repairs (time-and-material) for repair calls or needed repairs found after inspection and maintenance work in accordance with (IAW) with Performance Work Specifications (PWS) paragraph 5.3.1. Material and Repair Parts costs up to 50 Euro included in CLIN 0001 will not be reimbursed as a material cost under CLIN 0002. Repairs requiring materials exceeding 50.00 Euro shall only be performed after receipt of written approval by the COR. Work shall be priced based on the hourly labor rates shown in Attachment 1 - Price Book–Labor Tanks. 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, schedule PM maintenance services. Regular Labor Hours: Monday - Friday 07:15 hrs. through 16:00 hrs. 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

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 Attachment 1 - Price Book Tanks. (For detail see Exhibit A Inventory List Tanks Maintenance & TUEV Inspection Schedule, column "Next TUEV"). The contractor shall perform services in accordance with (IAW) paragraphs 1.3 and Part 5 of the Performance Work Statement (PWS). The contractor shall price this line items in Attachment 1 - Price Book Tanks.

FOB: Destination

NET AMT

Job

T&M On-Demand Service Calls to perform unscheduled maintenance repair services on tanks (see Exhibit A- Inventory List Tanks). Repair service calls shall be performed during regular work hours in accordance with (IAW) paragraph 1.5.4.3 of the Performance Work Statement. On- Calls Fuel Pumps On-call repairs (time-and-material) for repair calls or needed repairs found after inspection and maintenance work in accordance with (IAW) with Performance Work Specifications (PWS) paragraph 5.3.1. Material and Repair Parts costs up to 50 Euro included in CLIN 0001 will not be reimbursed as a material cost under CLIN 0002. Repairs requiring materials exceeding 50.00 Euro shall only be performed after receipt of written approval by the COR. Work shall be priced based on the hourly labor rates shown in Attachment 1 - Price Book–Labor Tanks. 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, schedule PM maintenance services. Regular Labor Hours: Monday - Friday 07:15 hrs. through 16:00 hrs. 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

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-JUN-2025

W6E9 USAG WIESBADEN

MAINZ KASTEL STORAGE

BUILDING 4004

MAINZ KASTEL AE 55252

049-6372-8423728 FOB: Destination

W582RS

30-JUN-2025

W582RS

30-JUN-2026

W582RS

30-JUN-2026

W582RS

30-JUN-2027

W582RS

30-JUN-2027

W582RS

SITE VISIT INFORMATION

A site visit at one location has been scheduled to begin on 7 August 2024 (Wednesday) PROMPTLY at 9:00 AM at the following location:

Front Gate of Clay Kaserne, Air Base Wiesbaden Flugplatz Wiesbaden Erbenheim Building Number: 1067 – Visit Center 65205 Wiesbaden Erbenheim

It is strongly recommended that any company interested in this requirement should attend the site visit to ensure they fully understand the requirement. Any company who is interested in having someone attend the Site Visit must contact Martin Glueck via email at degenhard.will.ln3@army.mil no later than 5 August 2024 at 2:00 PM and provide name(s) and contact information of their representative(s) so that we can notify our personnel.

Any questions, pertaining to the Site Visit, that need to be addressed must be presented in writing Degenhard Will by email no later than 2:00 PM on Monday, 5 August 2024.

Please plan to arrive 10-15 minutes early to allow time for parking and sign in.

CLAUSES INCORPORATED BY REFERENCE

ADDENDUM FAR 52.212-4

ADDENDUM FAR 52.212-4

In accordance with FAR 12.302, Tailoring of Provisions and Clauses for Acquisition of Commercial Items, FAR Clause 52.212-4 is tailored as follows to reflect special contract terms and conditions that are unique for this contract.

Para (a) Inspection and Acceptance is revised to add the following:

a. Place of Inspection and point of acceptance of the services performed under this contract shall be at destination.

b. Inspection and acceptance of services under this contract shall be performed by the designated Contracting Officer's Representative (COR) of the Receiving Activity.

In addition to FAR 52.212-4 (i) “Payments” the following shall apply: Partial payments are authorized.

Para (o) Warranty: The following shall apply in addition:

COMMERCIAL WARRANTY:

The Contractor agrees that supplies or services furnished under this contract shall be covered by the most favorable commercial warranties the Contractor gives to any customer for such supplies or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the Government by any other clause of this contract.

Para (t) System for Award Management (SAM). RESERVED

Contractors shall be registered in the System for Award Management (SAM), URL:

https://www.sam.gov/portal/public/SAM/ prior to contract award.

ELECTRONIC PAYMENT AND PROCESSING OF INVOICES:

a. The Contractor shall submit invoices electronically through Procurement Integrated Enterprise Environment (PIEE) (formerly known as Invoicing, Receipt, Acceptance, and Property Transfer (iRAPT), formerly WAWF)). See DFARS clause 252.232-7006, WAWF Payment Instructions, incorporated herein in this contract.

b. The Contractor shall designate an Electronic Business (EB) point of contact in the Central Contractor Registration site at www.sam.gov to be able to use PIEE. Contractors shall be registered in SAM prior to award and are urged to begin the registration process as early as possible to ensure registration can be activated at time of award.

c. To activate CAGE (NCAGE) for your company in PIEE the following information shall be submitted to the

W912CM24Q0014

EMAIL address: disa.ogden.esd.mbx.cscassig@mail.mil SUBJECT: WAWF CAGE Code Activation

TEXT:

Ogden Support: Please activate the following CAGE Code(s) in WAWF:

1. Cage Code(s):

2. EB POC's Name:

3. EB POC's Email:

4. EB POC's Phone Number:

d. The COR will verify and certify that supplies or services have been provided in accordance with the terms and conditions of this contract, verify and certify correctly completed invoices and authorize payment using the iRAPT system.

e. Administrative Office:

409th CSB, Regional Contracting Office Wiesbaden

ATTN: CCSB-EUZ-CSW

Konrad-Adenauer-Ring 39 65187 Wiesbaden, Germany

NOTE: If the contract has more than one Line Item, Contractors shall indicate on their invoice the individual Line Item Amounts; Lump Sum Requests for payment will be returned by the Finance Office for correction. See FAR 52.212-4(g) for Invoice Requirements.

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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 Products and Commercial Services. 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)

ADDENDUM TO FAR 52.212-1

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

Para (a) North American Industry Classification System (NAICS) code and small business size standard does not apply to this solicitation.

Para (b) Submission of quotes and Para. (f) Late Submissions, Modifications, Revisions, and Withdrawals of Quotes are hereby revised to include:

1. Quotes shall be received prior to the time and date specified in Block 8 on page 1 of the Standard Form 1449 (SF 1449). The time for submission of quotes is Central European Time (CET), Wiesbaden, Germany local time. Quotes received after this date and time are “late” and may not be considered for award. It is the Quoter’s responsibility to ensure quotes are received timely.

2. Quoter shall submit quotes via email only. Submissions shall be emailed to all the following:

a. Degenhard Will, Contract Specialist: degenhard.will3.ln@army.mil

b. Aaron Ritter, Contracting Officer: aaron.m.ritter.civ@mail.mil.

c. Email Quote Box: usarmy.rheinland-pfalz.409-contr-spt-bde.mbx.rco-wie-bids@army.mil Subject of the email shall be “Submission of Quote W912CM-24-Q-0014”. Quotes that are sent in multiple emails shall be numbered to include the total number of emails sent.

NOTE: (1) Failure to submit to all email addresses may result to your quote not being considered for award.

(2) The size restriction for attachments to emails on the US Government server is 8 MB. If email, including attachments, exceeds 8 MB, offers shall be submitted via multiple emails with a clear identification: e.g., "Email 1 of 2”, "Email 2 of 2”, etc.

(3) Faxed and mailed quotes are not authorized and may be rejected.

(4) All quotes must be in English.

3. All questions or concerns the Quoter may have shall be submitted in writing to the email addresses above. The subject of the email shall be “Questions W912CM-24-Q-0014”. The Government requests that you submit questions as soon as possible, but no later than ten (10) business days after issuance of solicitation. Questions received after this date and time may not be answered by the Government. Questions shall annotate a reference to the specific part of the solicitation (for example, page and paragraph number) to which they pertain. Answers to questions will be posted at https://www.sam.gov under the solicitation number. It is the Quoter’s responsibility to monitor SAM.gov for posting of amendments, answers to questions, and other instructions, if any.

4. Data previously submitted, if any, will not be used in the evaluation of your response to this solicitation. Previously submitted data shall not be included in your quote “by reference”.

5. This solicitation does not commit the Government to pay any costs incurred in the preparation and submission of your quote 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 quote or for preparation of negotiations.

6. INSTRUCTIONS FOR WRITTEN SUBMITTALS

a. This is a competitive procurement in accordance with FAR Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services, and conducted under the authority of FAR Part 13, Simplified Acquisition Procedures. The Government intends to award a single purchase order for this requirement.

b. The Government intends to award the contract on a Lowest Price Technically Acceptable (LPTA) basis pursuant to the award evaluation criteria stated in FAR clause 52.212-2. The Quoter is cautioned to examine this solicitation in its entirety and to ensure that their quote contains all necessary information, provides all required documentation, and is complete in all respects.

c. The Government intends to award a contract without exchanges. Therefore, in accordance with FAR provision 52.212-1(g), the Quoter’s initial quote should contain the Quoter’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct exchanges if it is in the best interest of the Government as determined by the Contracting Officer. The Government may reject any or all quotes if such action is in the public interest; and waive informalities and minor irregularities in quotes received.

7. QUOTE FORMAT AND CONTENT:

a. This solicitation utilizes streamlined acquisition procedures. Quotes will be evaluated by the Government based on the evaluation criteria stated in FAR 52.212-2 of this solicitation. The Government will use the following factors and subfactors for its evaluation:

FACTOR I - Technical Approach SUBFACTOR A - Qualifications / Key Personnel SUBFACTOR B - Experience FACTOR II - Price

b. This paragraph provides detailed instructions regarding the format for the quote submission:

i. Quote submission shall be clearly indexed and logically assembled based on the table below. Each volume shall be clearly identified and shall begin at the top of a page.

ii. All pages of each original volume shall be appropriately numbered and identified by the complete company name, date, and solicitation number in the header or footer.

iii. Pages shall be numbered sequentially by volume. If there is an ambiguity in the numbering of pages, the Government may exercise its own discretion in counting pages.

iv. Page size shall be 8.5 x 11 inches. Use 1-inch margins on all sides of each page. Paragraphs shall be single-spaced. Font shall be no less than 12-point. This does not apply to copies of certificates or any solicitation documents.

v. Types of acceptable media are Word or PDF files.

vi. Quoter’s Technical Approach shall not exceed fifteen (15) single-sided pages. Any pages more than fifteen (15) will not be evaluated by the Government. Resumes, completed copies of the SF 1449, representations/certification, and any certificates / licenses, will not be considered part of the page count.

2. Completed representations / certifications (if required):

a. FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

b. FAR 52.212-3 ALT I, Offeror Representations and Certifications, Commercial Products and Commercial Services (MAY 2024)

c. FAR 52.229-11 Tax on Certain Foreign Procurements – Notice and Representation (JUN 2020)

d. DFARS 252.229-7001, Tax Relief – Alt 1 (APR 2020)

Fifteen (15) single-sided pages (Excludes resumes, completed copies of SF 1449, representations / certifications, and any certificates / licenses.)

Subfactor A. Qualifications / Key Personnel Sub factor B. Experience N/A

1. Completed copy of Attachment 1 (all highlighted cells on all worksheets must be completed by the Quoter, and,

1. Completed SF1449 Schedule Supplies/Services with prices filled-in for contract line items (CLINs) 0001, 0002, 1001, 1002, 2001, and 2002.

N/A

c. VOLUME I – OFFER AND REPRESENTATIONS AND CERTIFICATIONS:

i. An authorized official shall complete the SF1449 in blocks 12, 17a, 30a, 30b, and 30c.

ii. The offeror shall complete and return the following:

a) FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

b) FAR 52.212-3 ALT I, Offeror Representations and Certifications -- Commercial Items (MAY 2024). Note: Offerors registered in SAM need only complete paragraph b of the above clause, if applicable.

c) FAR 52.229-11 Tax on Certain Foreign Procurements – Notice and Representation (JUN 2020). Note: Quoters seeking exception shall complete Department of the Treasury Internal Revenue Service Form W-14, Certificate of foreign Contracting Party Receiving Federal Procurement Payments, available at www.irs.gov/w14. Instructions on how to complete the W-14 form can be found at www.irs.gov/instructions/iw14.

d) DFARS 252.229-7001, Tax Relief – Alternate I (APR 2020)

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

d. VOLUME II – FACTOR I - TECHNICAL APPROACH

i. The Quoter shall submit capability documentation that may include a narrative, charts, graphs, pictures, tables, drawings, service literature, and demonstrated authority to provide services required by this solicitation and PWS. The documentation shall clearly describe, in enough detail, the Quoter’s capabilities, methods, and understanding to successfully perform the requirements listed in the PWS.

ii. This Technical Approach volume shall consist of two (2) subfactors: Qualifications / Key Personnel and Experience). While part of Volume I, the submissions requirements for the subfactor are in addition to the Quoter’s response to the Technical Approach requirements above. Therefore, subfactors should only support and supplement the Quoter’s technical capabilities.

a) Subfactor A – Qualifications / Key Personnel:

1) The Quoter shall provide current documentation that it is licensed as a specialized company in accordance with para 19 (1) German Water Conservation Law (Wasserhaushaltsgesetz (WHG), is registered with the Chamber of Trade (Handwerkskammer) or the Chamber of Commerce (Industrie-und Handwerkskammer (IHK). The Quoter shall provide current documentation that it employs personnel who have 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)” and technicians performing electrical services have at least Apprenticeship Diploma Electrical Engineering Testing and Control Technologies (unaltered German version ‘Gesellenbrief MSR Messen/Steuern/Regeln’).

2) The Quoter shall submit resumes or other such document describing the qualifications and experience for personnel assigned to “key personnel” positions that require special qualifications as described in the PWS paragraph 1.10.1. Resumes or qualification documents will not count against the page limitation listed in the table above.

b) Subfactor B – Experience

1) The Quoter shall submit an individual Reference Information Sheet (Attachment 4) for a minimum of two (2), but no more than three (3) reference contracts that are recent and relevant as defined below, that clearly shows that the Quoter has provided services relevant and recent to those required in the PWS. All references shall describe experience in the primary areas of aboveground and underground tanks and fuel pumps maintenance and repairs. The offeror shall ensure the contact and contract information in each Reference Information Sheet is accurate. The Government may contact references to verify the accuracy of the information provided. Attachments related to a Quoter’s experience will not count against the page limitation listed in the table above.

2) "Recent" is defined as the efforts that are completed or ongoing during the past five (5) years prior to the issue date of this Solicitation.

3) "Relevant" is defined as similar work contemplated under this Solicitation with respect to scope, type of work, and value. The minimum value for each reference sheet submitted shall be minimum annual value of EURO 50,000.00.

e. VOLUME III – FACTOR II - PRICE

i. Offerors shall utilize the Price Book 1 (Attachment 1) to calculate pricing for each CLIN. In Attachment 1, the Offeror shall fill in the yellow-highlighted cells on each worksheet, and all other amounts will be automatically calculated.

ii. NOTE: For “On-Call Repairs” (CLINs E0001, E0002, E1001, E1002, E2001, E2002), the offeror will fill in its proposed labor rate, and that labor rate will be automatically multiplied by the Government’s estimated on-call labor hours 300 hours for (CLINs E0001, E1001, E2001) and 50 hours for (CLINs E0002, E1002, E2002), which has been pre-filled in by the Government. Offerors are not required to propose an amount for “On-Call Materials” (CLINs E0003, E1003, E2003), the estimated amount for each year of performance has been pre-filled by the Government. The Offeror will submit a completed copy of Price Book Attachment 1 with its proposal. Do not alter or tailor the spreadsheets or change any formulas. Do not lock or protect the excel worksheets or submit them in pdf format. It is not the Government’s intent to change any entries, but to assist in calculations. The Quoter is solely responsible for ensuring any formulas or calculations within the pricebook or any other submitted document/file are correct prior to submission to the Government. Quoters must ensure there are no rounding errors to the nearest cent.

iii. Additionally, the Offeror shall fill-in the “Schedule Supplies/Services” with its proposed prices for all CLINs, as calculated by Price Book Attachment 1.

f. The completion and submission to the Government of the above items will constitute the quote. The quote shall communicate the Quoter’s unconditional assent to the terms and conditions in this solicitation, including any attachments and documents incorporated by reference. The Quoter’s failure or refusal to assent to any of the terms and conditions of this solicitation or the Quoter’s imposition of additional conditions or any material omission in its quote may constitute a deficiency that will make the quote unacceptable to the Government. The Government reserves the right to permit Quoter to revise their quote if in the Government’s best interest.

g. All information shall be confined to the appropriate volume. The Government will not consider information found in other volumes. Quoters shall confine submissions to essential matters, sufficient to define the quote and provide adequate basis for evaluation. Quoters are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of their quote. Proprietary information shall be clearly marked.

h. If a quotation is missing any of the elements listed in this RFQ, the quotation may be deemed to be “unacceptable” and may not be evaluated further. The Government may also determine a quote “unacceptable” if the offeror takes any exceptions to the terms and conditions of the RFQ or imposes conditions.

8. Para (c) Period for acceptance of offers, is hereby revised as follows: "The Offeror agrees to hold the prices in its quote firm for 90 calendar days from the date specified for receipt of offers."

9. Para (d) Product Samples. This paragraph does not apply.

10. Para (h) Multiple Awards. This is amended as to state that only one award will be made from this solicitation.

11. Para (i) Availability of Requirements document cited in the solicitation. This paragraph does not apply to this solicitation.

12. The following is hereby added: Para (m) System for Award Management (SAM). Per FAR 4.1102, prospective Contractors shall be registered in System for Award Management (SAM) database prior to award of a contract or agreement.

(End of Addendum)

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a single contract resulting from this solicitation to the lowest priced technically acceptable (LPTA) responsible Quoter whose quote conforms to the solicitation in accordance with FAR 13.106. Quotes that do not conform to the requirements of the solicitation may be rejected without further evaluation or clarifications. The following factors shall be used to evaluate quotes:

Factor I - Technical Approach;

SUBFACTOR A - Qualifications / Key Personnel

SUBFACTOR B – Experience

Factor II - Price

1. A rating of no less than “Acceptable” must be achieved for all non-price factors and sub-factors. Receiving a rating of “Unacceptable” in any of the non-price evaluation factors and sub-factors as listed above will result in an overall technical rating of “Unacceptable". The non-price evaluation will consist only of determining the acceptability of each quote. Quotes will not be ranked based on the acceptability evaluation.

2. The Government intends to evaluate quotes and award a contract without exchanges. Therefore, each initial quote should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct exchanges if determined to be in the Government’s best interest or determined necessary by the Contracting Officer.

3. EVALUATION APPROACH:

i. Factor I – Technical Approach: The Government will evaluate this factor to determine the Quoter’s understanding of the solicitation requirements (clauses, provisions, and Specifications) and demonstrated ability to meet contractual requirements based on the Quoter’s technical capabilities. The Quoter’s technical capabilities submittal will be evaluated to assess the Quoter’s expertise, capabilities, competencies, and risk to successfully perform the requirements of the PWS. A technical quotation which is primarily a copy-and-paste version of the PWS document for the solicitation requirements will be deemed “unacceptable” without further review of the quotation for award. If quotes are more than fifteen (15) pages, only the first 15 pages of the quote will be evaluated (see exceptions in addendum to FAR 52.212-1).

ii. Subfactor A - Qualifications / Key Personnel: This subfactor shall be rated “acceptable” if the Quoter provides documentation as evidence it is licensed as a specialized company in accordance with para 19 (1) German Water Conservation Law (Wasserhaushaltsgesetz (WHG), is registered with the Chamber of Trade (Handwerkskammer) or the Chamber of Commerce (Industrie-und Handwerkskammer (IHK). The resume(s) / CV(s) submitted for key personnel position meet all of the qualifications and experience required in PWS paragraph 1.10.1. A Quoter that fails to provide the documentation required under this subfactor will be deemed “UNACCEPTABLE” and ineligible for award.

iii. Subfactor B – Experience: This subfactor shall be rated “acceptable” if the Quoter can provide two (2) relevant, and recent, contracts that demonstrate satisfactory work performed of the same size and scope as this procurement. “Recent” is considered work performed in the past five (5) years. “Relevant” means work similar to what is required within the PWS of this solicitation in terms of complexity, length of performance, scope, and a minimum annual value of EURO 50,000.00. All experience submissions must be based upon the criterial listed above and include all information requirements listed in the submission instructions to be considered “acceptable”. An offeror that fails to identify a minimum of two (2) relevant and recent reference contracts that clearly shows that the Offeror has provided services relevant and recent to those required in the PWS will be deemed “UNACCEPTABLE” and ineligible for award.

iv. Factor II – Price: After determination of technical acceptability, each quote will be evaluated, and award made to the lowest Total Evaluated Price (TEP) quote. The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. To account for option period(s) possible under FAR Clause 52.217-8 (maximum six months), Option to Extend Services, the Government will take the price for all CLINs of the final option period, prorate it to a six-month value, and add it to the sum of all CLINs (base plus all option periods). This amount will be the TEP. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise options. The successful Quoter will be contractually bound to all proposed prices and rates. The Government will insert a not-to-exceed amount for CLINs 0002, 1002 and 2002 at the time of award.

v. Supplier Performance Risk System (SPRS): In accordance with Defense Federal Acquisition Regulations (DFARS) 204.76, the Government is required to utilize SPRS risk assessments for quotations or offers in response to solicitations for supplies and services, to include solicitations using FAR Part 12 procedures for the acquisition of commercial products and commercial services, unless excepted by Department of Defense Instruction (DoDI) 5000.79, Defense-wide Sharing and Use of Supplier and Product Performance Information. The SPRS retrieves item, price, quality, delivery, and contractor information from contract in Government reporting systems in order to develop risk assessments of Contractors. While not a formal evaluation factor for the purposes of this procurement, the KO shall consider price risk and supplier risk, if available in SPRS, as part of the award decision. Quoters without a risk assessment in SPRS shall not be considered favorably or unfavorably. See DFARS Provision 252.204-7024 Notice on the Use of the Supplier Performance Risk System, for details.

(b) Options. The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. To account for option period(s) possible under FAR Clause 52.217-8 (maximum six months), Option to Extend Services, the Government will take the price for all CLINs of the final option period, prorate it to a six-month value, and add it to the sum of all CLINs (base plus all option periods). This amount will be the total evaluated price. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise options.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) ALTERNATE I (FEB 2024)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has 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, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision --

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to…