FA5613-11-R-0007 Amendment 0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to correct omissions in FAR provision 52.212-1, Addendum, Instructions to Offerors - Commercial Items, paragraphs (b)(10) and (b)(12)(p), and FAR clause 252.229-7001, Tax Relief - Alternate I.

Pages 39, 40 and 88 are hereto attached for replacement and incorporation to the solicitation FA5613-11-R-0007, dated 16 May 2011.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 7

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 18-May-2011

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X FA5613-11-R-0007

X 9B. DATED (SEE ITEM 11)

16-May-2011

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

17-May-2011

CODE

700TH CONTRACTING SQ

AM OPELKREISEL, ROB, GEB. 164

D-67663 KAISERSLAUTERN

GERMANY

FA5613 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

FA5613-11-R-0007

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2008)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF

1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the

Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent

Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA

Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC

20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (http://assist.daps.dla.mil).

(ii) Quick Search (http://assist.daps.dla.mil/quicksearch).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point

(DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of

$3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation

“DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address.

The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR

Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and

Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-

866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting

Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-

2423 or 269-961-5757.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.212-1 ADDENDUM, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

This addendum, replaces the below referenced paragraphs of clause 52.212-1 Instruction to Offerors – Commercial

Items (June 2008) as follows:

(b)(4) Technical Capability. Technical capability will be based on the contractor’s ability to best meet the needs of the government and the terms and conditions of the Performance Work Statement (PWS), Attachment 1 and

Equipment Listing and Location, Attachment 2, Appendix A. The Offeror must show compliance with the requirements in the solicitation by submitting a written proposal which includes:

a. Membership in either Chamber of Commerce (Industrie und Hanselskammer) Chamber of Trade as a qualified contractor for car lifts and dock levelers.

b. A Quality Control Plan which includes, but not limited to the following:

- Number of workers certified to maintain, repair and inspect car lifts and dock levelers

- BGG 945 Certification of individuals qualified to maintain, repair and inspect car lifts and dock levelers.

- Individuals work experience and types of maintaining, repairing, and inspecting car lifts and dock levelers

- How training is accomplished, recorded and maintained on individuals to maintain, repair and inspect car lifts and dock levelers

(b)(6) Price. Offerors shall insert a unit and extended price for each Contract Line Item Number (CLIN) contained in the schedule. Total evaluated price may include revisions where calculation errors are found in a proposal. Only

US dollar or EURO currency offers will be accepted IAW provision 5352.225-9004. All offers that are received in

US dollars will be converted into Euro currency by using the established Foreign Currency Fluctuation Defense

(FCFD) budget rate. The current rate for this solicitation is 0.7212 Euro per US dollar. For example, if $10.00 is offered this will be multiplied times 0.7212 which will result in an equivalent offer of Euro 7.21.

(b)(10) Past Performance. Offerors shall provide a listing of up to three references, Attachment 3, of the most recent (within the past 3 years from issuance date of the solicitation) and relevant (similar in scope and magnitude) contracts. Similar in scope means the work accomplished was similar to the requirement (maintenance, inspection & repair of car lifts and dock levelers). Similar in magnitude means the work must have been for servicing at least 90 car lifts / dock levelers a year. Any/all references received beyond the maximum number will not be evaluated.

Each reference should include:

(i) Name of commercial customer or contracting activity

(ii) Point of Contact (POC) name, valid phone number and email address

(iii) Contract number

(iv) Location

(v) Annual Contract Value/Amount

(vi) Period of Performance

(vii) Description of work/services performed

Each Offeror must send a Past Performance Questionnaire (PPQ), Attachment 4, via email to the references of their cited contracts. Upon completion of the questionnaires, the questionnaires shall be returned directly from the references to the attention of Ms. Edith Hollins-Jones, via email to: edith.hollins-jones@ramstein.af.mil, or mail to

TH

Contracting Squadron, Unit 3115, APO AE 09021-3115 or 700 th

Contracting Squadron, Am Opelkreisel, ROB, Bldg. 164, 67663 Kaiserslautern, Germany, not later than 1600 hours CEST (Central European Summer

Time) on 10 June 2011. Offerors will have the opportunity to address any negative performance information received that the Offeror has not already had the opportunity to address. Offerors should ensure questionnaires are submitted by up to 3 referenced sources. The Government may also seek past performance information from other sources such as, but not limited to, the Past Performance Informational Retrieval System (PPIRS).

(c) Period for acceptance of offers. The pararaph is tailored as follows: “The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers.”

Add the following paragraphs:

(b)(12) Submittal required to be eligible for award:

a. BGG 945 Certificate of personnel qualified to maintain, repair and inspect car lifts and dock levelers. In accordance with the German Law Berufsgenossenschaftliche Regel-BGR 500: Betreiben von Arbeitsmitteln Kapitel

2.10 : Betreiben von Hebebühnen.

b. Proof of Financial Resources. Provide a statement from the offeror’s bank, or other similar institution, that they have adequate financial resources to perform this contract.

(m) The acquisition procedures to be used for this acquisition will be in accordance with FAR Part 13.5 entitled

Test Program for Certain Commercial Items, and will use simplified procedures.

(n) Format and Size: Proposals should be submitted in type which is no smaller than 10 font, single-spaced, on plain white paper, with a maximum of 5 pages single-sided. The following is excluded from the page count: price schedule, completed FAR 52.212-3 Offeror Representations and Certifications – Commercial Items, and acknowledgement of any amendments issued. Pages beyond the 5-page limitation will not be evaluated.

(o) Electronic Offers: Offerors may submit electronic offers in response to this solicitation. The offer must arrive by the time specified in the solicitation to the following email addresses:

edith.hollins-jones@ramstein.af.mil and janice.hansen@ramstein.af.mil. Offerors may call Edith Hollins-Jones at

011-49-631-536-6871 to verify receipt of the offer. If the offeror chooses to email the offer, the Government will not be responsible for any failure of transmission or receipt of the offer, or any failure of the offeror to verify receipt of the emailed offer.

(p) Questions: To facilitate questions and official responses, all prospective Offerors must acknowledge interest by sending an email to Ms. Edith Hollins-Jones at edith.hollins-jones@ramstein.af.mil, identifying the company with a valid email address for correspondence. Prospective Offerors are strongly encouraged to submit any questions regarding this solicitation by email no later than 1600 hours CEST (Central European Summer Time) on

31 May 2011 to edith.hollins-jones@ramstein.af.mil or janice.hansen@ramstein.af.mil, fax011-49-631-536-8508.

mailto:edith.hollins-jones@ramstein.af.mil mailto:edith.hollins-jones@ramstein.af.mil mailto:janice.hansen@ramstein.af.mil mailto:edith.hollins-jones@ramstein.af.mil mailto:edith.hollins-jones@ramstein.af.mil mailto:janice.hansen@ramstein.af.mil

All questions received on or before 31 May 2011 will be answered through email to all prospective offerors prior to the due date for offers. Questions received after 31 May 2011 may or may not be answered prior to the due date for offers, and will not in and of themselves extend the due date for offer submission.

(q) Delivery of Offers

(1) The preferred method for delivery of offers is electronic, e.g. per email.

(2) Offers may be hand-delivered to the following address: ATTN: EDITH HOLLINS-JONES, TH

CONTRACTING SQUADRON/LGCA, BLDG. 164, ROOM 303, RHINE ORDNANCE BARRACKS, AM

OPELKREISEL, 67663 KAISERSLAUTERN.

Note: Rhine Ordnance Barracks is an Army controlled installation. Delays at the gate will not be considered if offers are late.

(3) If the offeror chooses to mail the offer via postal services, the government will not be responsible for any non-receipt of the offer, or any failure of the offeror to verify receipt of the mailed offer.

(4) The Government will only accept hand-delivered, mailed, emailed, or faxed offers. Multiple methods of delivery are neither required, nor desired.

Note: Offerors are required to submit the Representations and Certifications for 52.212-3 and 252.212-7000 with all appropriate blocks filled-in and to complete 252.229-7001 – Tax Relief, and provide a document listing the name, title, and telephone number of those individuals authorized to make decisions on behalf of the company and can negotiate with the government.

End of Addendum.

252.229-7001 TAX RELIEF (JUNE 1997) - ALTERNATE I (JUNE 1997)

(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government. The following taxes or duties have been excluded from the contract price:

NAME OF TAX: Mehrwertsteuer RATE (PERCENTAGE): 19 %

(b) The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.

(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The

Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.

(d) Tax relief will be claimed in Germany pursuant to the provisions of the Agreement Between the United States of

America and Germany Concerning Tax Relief to be Accorded by Germany to United States Expenditures in the

Interest of Common Defense. The Contractor shall use Abwicklungsschein fuer abgabenbeguenstigte

Lieferungen/Leistungen nach dem Offshore Steuerabkommen (Performance Certificate for Tax-Free

Deliveries/Performance according to the Offshore Tax Relief Agreement) or other documentary evidence acceptable to the German tax authorities. All purchases made and paid for on a tax-free basis during a 30-day period may be accumulated, totaled, and reported as tax-free.

(End of clause)

(End of Summary of Changes)