Original_Solicitation_(16_May_13)_.pdf

700TH CONTRACTING SQ

KAPAUN AIR STATION, GEB. 2767

D-67661 KAISERSLAUTERN

GERMANY

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

FA5613-13-R-0019 16-May-2013

b. TELEPHONE NUMBER

(49) 631 536 6304

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 17 Jun 2013

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA X ARE

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

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

FA5613

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

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

15. DELIVER TO CODE F3N052 16. ADMINISTERED BY

86 CEG

CERF

BLDG 521, BOX 290

D-66877 RAMSTEIN

GERMANY

TEL: +49-6371-47-6919 FAX:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MARKUS H. WENDEL

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

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

SEE SCHEDULE

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

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: % FOR

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

TEL: EMAIL:

1 COPIES

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X ion

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

FA5613-13-R-0019

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

0001 5 Each Services Non - Personal

FFP

Provide Maintenance, Inspection and Repair Service for Motor Pool Equipment

IAW attached Performance Work Statement (Attachment 1), and the

Environmental Management System (EMS) Flyer (Attachment 2).

-Annual Maintenance and Insp. on Oil/Coolant Distribution Systems-

Period of Performance: 01 Oct 2013 thru 30 Sep 2014

FOB: Destination

SIGNAL CODE: A

ESTIMATED

NET AMT

UNIT UNIT PRICE ESTIMATED AMOUNT

0002 5 Each Services Non - Personal

FFP

Provide Maintenance, Inspection and Repair Service for Motor Pool Equipment

-Annual Maintenance and Insp. on Waste Oil/Coolant Systems-

UNIT UNIT PRICE ESTIMATED AMOUNT

0003 1 Each Services Non - Personal

FFP

Provide Maintenance, Inspection and Repair Service for Motor Pool Equipment

-Annual Maintenance on Emulsion Splitting System, Bldg 2472-

UNIT UNIT PRICE ESTIMATED AMOUNT

0004 5 Each Services Non - Personal

FFP

Provide Maintenance, Inspection and Repair Service for Motor Pool Equipment

-Annual Maintenance on Carbon Monoxide Exhaust Systems-

UNIT UNIT PRICE ESTIMATED AMOUNT

0005 2 Each Services Non - Personal

FFP

Provide Maintenance, Inspection and Repair Service for Motor Pool Equipment

-Annual Maintenance on Pit Covering Systems, Bldg 2472/2404-

UNIT UNIT PRICE ESTIMATED AMOUNT

0006 5 Each Services Non - Personal

FFP

Provide Maintenance, Inspection and Repair Service for Motor Pool Equipment

-Annual Maintenance on Air Compressor Systems-

UNIT UNIT PRICE ESTIMATED AMOUNT

0007 1 Each Services Non - Personal

FFP

Provide Maintenance, Inspection and Repair Service for Motor Pool Equipment

-Annual Maintenance on the Paint Booth in Bldg 2404-

ITEM NO SUPPLIES/SERVICES EST .

UNIT UNIT PRICE AMOUNT

0008 Lot Reimbursement of Replacement Parts

COST

Reimbursement of Replacement Partsfor Motor Pool Equipment IAW attached

Performance Work Statement (Attachment 1), and the Environmental Management

System (EMS) Flyer (Attachment 2).

-Replacement Parts- EST EURO 50,000.00

ESTIMATED COST

UNIT UNIT PRICE ESTIMATED AMOUNT

1001 5 Each OPTION Services Non - Personal

FFP

Provide Maintenance, Inspection and Repair Service for Motor Pool Equipment

Period of Performance: 01 Oct 2014 thru 30 Sep 2015

UNIT UNIT PRICE ESTIMATED AMOUNT

1002 5 Each OPTION Services Non - Personal

FFP

Provide Maintenance, Inspection and Repair Service for Motor Pool Equipment

UNIT UNIT PRICE ESTIMATED AMOUNT

1003 1 Each OPTION Services Non - Personal

FFP

Provide Maintenance, Inspection and Repair Service for Motor Pool Equipment

UNIT UNIT PRICE ESTIMATED AMOUNT

1004 5 Each OPTION Services Non - Personal

FFP

Provide Maintenance, Inspection and Repair Service for Motor Pool Equipment

UNIT UNIT PRICE ESTIMATED AMOUNT

1005 2 Each OPTION Services Non - Personal

FFP

Provide Maintenance, Inspection and Repair Service for Motor Pool Equipment

UNIT UNIT PRICE ESTIMATED AMOUNT

1006 5 Each OPTION Services Non - Personal

FFP

Provide Maintenance, Inspection and Repair Service for Motor Pool Equipment

UNIT UNIT PRICE ESTIMATED AMOUNT

1007 1 Each OPTION Services Non - Personal

FFP

Provide Maintenance, Inspection and Repair Service for Motor Pool Equipment

UNIT UNIT PRICE AMOUNT

1008 Lot OPTION Reimbursement of Replacement Parts

COST

Reimbursement of Replacement Parts for Motor Pool Equipment IAW attached

UNIT UNIT PRICE ESTIMATED AMOUNT

2001 5 Each OPTION Services Non - Personal

FFP

Provide Maintenance, Inspection and Repair Service for Motor Pool Equipment

Period of Performance: 01 Oct 2015 thru 30 Sep 2016

UNIT UNIT PRICE ESTIMATED AMOUNT

2002 5 Each OPTION Services Non - Personal

FFP

Provide Maintenance, Inspection and Repair Service for Motor Pool Equipment

UNIT UNIT PRICE ESTIMATED AMOUNT

2003 1 Each OPTION Services Non - Personal

FFP

Provide Maintenance, Inspection and Repair Service for Motor Pool Equipment

UNIT UNIT PRICE ESTIMATED AMOUNT

2004 5 Each OPTION Services Non - Personal

FFP

Provide Maintenance, Inspection and Repair Service for Motor Pool Equipment

UNIT UNIT PRICE ESTIMATED AMOUNT

2005 2 Each OPTION Services Non - Personal

FFP

Provide Maintenance, Inspection and Repair Service for Motor Pool Equipment

UNIT UNIT PRICE ESTIMATED AMOUNT

2006 5 Each OPTION Services Non - Personal

FFP

Provide Maintenance, Inspection and Repair Service for Motor Pool Equipment

UNIT UNIT PRICE ESTIMATED AMOUNT

2007 1 Each OPTION Services Non - Personal

FFP

Provide Maintenance, Inspection and Repair Service for Motor Pool Equipment

UNIT UNIT PRICE AMOUNT

2008 Lot OPTION Reimbursement of Replacement Parts

COST

Reimbursement of Replacement Parts for Motor Pool Equipment IAW attached

UNIT UNIT PRICE ESTIMATED AMOUNT

3001 5 Each OPTION Services Non - Personal

FFP

Provide Maintenance, Inspection and Repair Service for Motor Pool Equipment

Period of Performance: 01 Oct 2016 thru 30 Sep 2017

UNIT UNIT PRICE ESTIMATED AMOUNT

3002 5 Each OPTION Services Non - Personal

FFP

Provide Maintenance, Inspection and Repair Service for Motor Pool Equipment

UNIT UNIT PRICE ESTIMATED AMOUNT

3003 1 Each OPTION Services Non - Personal

FFP

Provide Maintenance, Inspection and Repair Service for Motor Pool Equipment

UNIT UNIT PRICE ESTIMATED AMOUNT

3004 5 Each OPTION Services Non - Personal

FFP

Provide Maintenance, Inspection and Repair Service for Motor Pool Equipment

UNIT UNIT PRICE ESTIMATED AMOUNT

3005 2 Each OPTION Services Non - Personal

FFP

Provide Maintenance, Inspection and Repair Service for Motor Pool Equipment

UNIT UNIT PRICE ESTIMATED AMOUNT

3006 5 Each OPTION Services Non - Personal

FFP

Provide Maintenance, Inspection and Repair Service for Motor Pool Equipment

UNIT UNIT PRICE ESTIMATED AMOUNT

3007 1 Each OPTION Services Non - Personal

FFP

Provide Maintenance, Inspection and Repair Service for Motor Pool Equipment

UNIT UNIT PRICE AMOUNT

3008 Lot OPTION Reimbursement of Replacement Parts

COST

Reimbursement of Replacement Parts for Motor Pool Equipment IAW attached

UNIT UNIT PRICE ESTIMATED AMOUNT

4001 5 Each OPTION Services Non - Personal

FFP

Provide Maintenance, Inspection and Repair Service for Motor Pool Equipment

Period of Performance: 01 Oct 2017 thru 30 Sep 2018

UNIT UNIT PRICE ESTIMATED AMOUNT

4002 5 Each OPTION Services Non - Personal

FFP

Provide Maintenance, Inspection and Repair Service for Motor Pool Equipment

UNIT UNIT PRICE ESTIMATED AMOUNT

4003 1 Each OPTION Services Non - Personal

FFP

Provide Maintenance, Inspection and Repair Service for Motor Pool Equipment

UNIT UNIT PRICE ESTIMATED AMOUNT

4004 5 Each OPTION Services Non - Personal

FFP

Provide Maintenance, Inspection and Repair Service for Motor Pool Equipment

UNIT UNIT PRICE ESTIMATED AMOUNT

4005 2 Each OPTION Services Non - Personal

FFP

Provide Maintenance, Inspection and Repair Service for Motor Pool Equipment

UNIT UNIT PRICE ESTIMATED AMOUNT

4006 5 Each OPTION Services Non - Personal

FFP

Provide Maintenance, Inspection and Repair Service for Motor Pool Equipment

UNIT UNIT PRICE ESTIMATED AMOUNT

4007 1 Each OPTION Services Non - Personal

FFP

Provide Maintenance, Inspection and Repair Service for Motor Pool Equipment

UNIT UNIT PRICE AMOUNT

4008 Lot OPTION Reimbursement of Replacement Parts

COST

Reimbursement of Replacement Parts for Motor Pool Equipment IAW attached

CLAUSES INCORPORATED BY REFERENCE

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.212-1 Instructions to Offerors--Commercial Items FEB 2012

52.212-4 Contract Terms and Conditions--Commercial Items FEB 2012

52.216-21 Requirements OCT 1995

52.223-10 Waste Reduction Program MAY 2011

52.223-19 Compliance with Environmental Management Systems MAY 2011

52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013

52.232-20 Limitation Of Cost APR 1984

52.237-1 Site Visit APR 1984

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995

52.247-34 F.O.B. Destination NOV 1991

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.209-7001 Disclosure of Ownership or Control by the Government of a

Terrorist Country

JAN 2009

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Terrorist Country

DEC 2006

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997

252.223-7006 Prohibition On Storage And Disposal Of Toxic And

Hazardous Materials

APR 2012

252.225-7041 Correspondence in English JUN 1997

252.225-7042 Authorization to Perform APR 2003

252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997

252.229-7001 Alt I Tax Relief (Jun 1997) - Alternate I JUN 1997

252.232-7006 Wide Area WorkFlow Payment Instructions JUN 2012

252.232-7008 Assignment of Claims (Overseas) JUN 1997

252.232-7010 Levies on Contract Payments DEC 2006

252.233-7001 Choice of Law (Overseas) JUN 1997

252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent

Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian

Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than

$10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database via https://www.acquisition.gov (see 52.204-7).

Addendum to FAR 52.212-1, Instructions to Offerors – Commercial Items (Feb 2012)

This addendum replaces the below referenced paragraphs of the clause as follows:

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

Offers are due 17 June 2013 not later than 16:00 hrs (4:00 pm) Central European Time (CET). Offers may be sent via email to mark.jenkins.1@us.af.mil and markus.wendel.1.de@us.af.mil, or hand-delivered to the following address:

th

Contracting Squadron, Kapaun Air Station, Bldg 2767, 67661 Kaiserslautern. Point of Contacts (POCs) for hand deliveries are Mark Jenkins or Markus Wendel, room 218. Postal mail and FAX shall not be used to submit offers.

Note: Kapaun Air Station is an Air Force controlled installation. Delays at the gate will not be considered if offers are late.

The Point of Contact for this requirement is Mark Jenkins, telephone +49-631-536-6870, email mark.jenkins.1@us.af.mil. An alternate Point of Contact is Markus Wendel, telephone +49-631-536-6304, email markus.wendel.1.de@us.af.mil.

(b)(3) Offerors shall provide the name, title, telephone number of those individuals authorized to make decisions on behalf of the company and can negotiate with the government.

(b)(6) Price: Offerors shall insert a unit and extended price in the solicitation document SF1449, for each Contract

Line Item Number (CLIN), except for CLINs 0008, 1008, 2008 and 3008 and 4008, as identified in the solicitation

SF1449. Total amounts and the overall grand total shall be inclusive of the prefilled CLINs 0008, 1008, 2008, 3008 and 4008, “Reimbursement of Replacement Parts”. NOTE: Only EURO currency offers will be accepted.

Only EURO currency offers will be accepted.

https://www.acquisition.gov/ mailto:mark.jenkins.1@us.af.mil mailto:markus.wendel.de@us.af.mil mailto:mark.jenkins.1@us.af.mil mailto:markus.wendel.1.de@us.af.mil

(b)(10) Past Performance: Offerors shall reference up to a total of three recent (within the past three years from the issuance date of the solicitation for a minimum of one year) and relevant (similar in scope and magnitude) contracts by completing sections A. and B. of the Past Performance Questionnaire (PPQ), Attachment 3. Submit one

PPQ for each referenced contract, with the offer. Similar in scope means the work must have been for preventive maintenance, inspections and repairs of motorpool equipment and systems. Similar in magnitude means the work must have been for approximately the same volume as required in this solicitation for a minimum of one year.

Any/all references received beyond the maximum number will not be evaluated.

The Government will send the received PPQs to the references for completion. Past performance references of a joint venture partner or key subcontractor being intended to perform the solicited service, or instances where the offeror performed as a key personnel or a key subcontractor will be accepted. If a joint venture partner or subcontractor is used the offeror shall identify the percentage of work to be accomplished by the joint venture partner or subcontractor.

In the evaluation of Present and Past Performance, the Government will consider the information received through the questionnaires, as well as information obtained from other sources. Offerors will have the opportunity to address any negative performance information received that the offeror has not already had the opportunity to address. The

Government may also seek past performance information from other sources, such as but not limited to, the Past

Performance Information Retrieval System (PPIRS).

(b)(12) Required Submittals: The offeror shall provide the following documents and certifications as submittals to be eligible for award:

i. Proof of Membership in either the Chamber of Commerce (Industrie und Hanselskammer) or Chamber of

Trade (Handwerkskammer) as a qualified contractor in accordance with (IAW) paragraph 1.2.1 of the Performance Work Statement.

ii. Certificates of personnel qualified to maintain, repair, and inspect vehicle maintenance shop equipment

IAW paragraphs 1.2. and 1.2.1 of the Performance Work Statement .

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

Reference is made to FAR 52.212-1, Instructions to Offerors – Commercial Items, paragraph (f)(2)(i)(A), which is replaced with the following:

Emailed proposals must be received at the stated addressees’ email inboxes on time and the addressees must be able to open the email and all attachments. No other email receipt will be acceptable.

It is the offerors’ responsibility to confirm the timely receipt of the proposals by the stated addressees.

(h) Multiple awards Deleted.

The following paragraph is added:

(m) All terms, conditions, and provisions included in the solicitation shall be followed. Offerors that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(n) A site visit/ pre-proposal conference will be conducted IAW FAR 52.237-1 on Thursday, 23 May 2013 from

0900 to 1300 hours at building 518 at Ramstein Air Base. If you plan to attend the site visit/ pre-proposal conference, contact the point(s) of contact listed within the provision at “Addendum to FAR 52.212-1, Instructions to

Offerors – Commercial Items (Feb 2012)”- within 6 calendar days after the issuance date of the solicitation.

NOTE: It is the Government’s intent to conduct no more than one single site visit.

52.212-2 Evaluation – Commercial Items (Jan 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation is determined to be the lowest priced proposal with acceptable past performance. No tradeoffs will be accomplished between price and past performance. The Government may award without discussions, reserving the right to hold discussions if deemed necessary by the CO. The following factors shall be used to evaluate offers:

The Evaluation Factors are:

(1) FACTOR 1 – Price

(2) FACTOR 2 – Past Performance.

(1) FACTOR 1 – Price. Offerors will be evaluated on the total price resulting from the estimated total amounts of all CLINs 0001 to 4008, for the base period and all option periods. Only EURO currency offers will be accepted.

Unbalanced prices may serve as a basis for rejection of the proposal. The price evaluation will document the reasonableness and completeness of the total evaluated price. Prices will be evaluated for fair and reasonableness

IAW FAR 13.106-3.

(i) Arithmetic Discrepancies. For the purpose of initial evaluation of offers, the following will be utilized in resolving arithmetic discrepancies found on the face of the bidding schedule as submitted by the offeror.

(A) Obviously misplaced decimal points will be corrected;

(B) Discrepancy between unit price and extended price, the unit price will govern;

(C) Apparent errors in extension of unit prices will be corrected;

(D) Apparent errors in extended prices per CLIN will be corrected.

(2) FACTOR 2 – Past Performance. Past Performance will be evaluated based on subjective assessment of how well the offeror performed on recent and relevant work, as outlined in Addendum to FAR Provision

52.212-1, paragraph (b)(10). Past performance references of a joint venture partner, key subcontractor, or instances where the offeror performed as a key personnel or a key subcontractor will be accepted. For the purpose of assessing acceptable performance, ratings S (Satisfactory), G (Good) and E (Exceptional) assigned on the PPQs will be considered “Acceptable”. M (Marginal) and U (Unsatisfactory) will be considered “Unacceptable”. The rating is based upon offeror-provided references, received PPQs, or information obtained by the Government from any other sources of past performance information. Offeror must receive “Acceptable” rating to receive an award, as follows:

PAST PERFORMANCE

RATING DEFINITION

Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown (see note below).

Unacceptable Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a) (2) (iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “Unknown” shall be considered “Acceptable.”

Submittals: All submittals must be received in order for an offeror to be eligible for award.

(b) Award Process: The Government intends to award to the lowest priced offeror with an acceptable past performance rating. The Government reserves the right to hold discussions at any point during the evaluation. The evaluation process is as follows:

(1) Price: The Government will first evaluate all proposals for price, ranking the offerors from lowest to highest total evaluated price. Price must be fair and reasonable.

(2) Past Performance: The lowest priced offeror’s past performance will be evaluated. The Government reserves the right:

a. that, if the lowest priced offeror’s past performance is determined to be “Acceptable”, the evaluation process will stop and the award will be made to that offeror.

b. that, if the lowest priced offeror’s past performance is determined to be “Unacceptable”, the

Government will evaluate the past performance of the next lowest priced offeror. This process will continue, as needed, until an offeror is rated ”Acceptable” for past performance.

(c) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. 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 the option(s).

(d) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2012)

ALTERNATE I (APR 2011)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (i) of this provision.

(a) Definitions. As used in this provision:

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"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 https://www.acquisition.gov/

(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.

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United

States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C.

395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue

Code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 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.

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 specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act

(50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least

51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women;

and whose management and daily business operations are controlled by one or more women.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted electronically on the Online

Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-

3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------.

(Offeror to identify the applicable paragraphs at (c) through (n) of this provision that the offeror has completed for the purposes of this solicitation only, if any.)

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United

States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, (

) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, ( ) is not a women-owned small business concern.

https://www.acquisition.gov/

Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It * is, * is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ballot] is, [ballot] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB

Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ----------.] Each

WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ballot] is, [ballot] is not an EDWOSB concern, has provided all the required documents to the WOSB

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ballot] is, [ballot] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ----------.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted

Industry Categories under the Small Business Competitiveness Demonstration Program. (Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.)

(i) (Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).) The offeror represents as part of its offer that it ( ) is, ( ) is not an emerging small business.

(ii) (Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories

(TICs) or designated industry groups (DIGs).) Offeror represents as follows:

(A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of

Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Average Annual

Number of Employees Gross Revenues

___ 50 or fewer ___ $1 million or less

___ 51 - 100 ___ $1,000,001 - $2 million

___ 101 - 250 ___ $2,000,001 - $3.5 million

___ 251 - 500 ___ $3,500,001 - $5 million

___ 501 - 750 ___ $5,000,001 - $10 million

___ 751 - 1,000 ___ $10,000,001 - $17 million

___ Over 1,000 ___ Over $17 million

(11) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation

Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)

(i) General. The offeror represents that either--

(A) It ( ) is, ( ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR

Dynamic Small Business Search Database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13

CFR 124.104(c)(2); or

(B) It ( ) has, ( )( has not submitted a completed application to the Small Business Administration or a Private

Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.)

(12) Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) of this provision.)

(The offeror shall check the category in which its ownership falls):

____Black American.

____Hispanic American.

____Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

____Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the

Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the

Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

____Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri

Lanka, Bhutan, the Maldives Islands, or Nepal).

____Individual/concern, other than one of the preceding.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ) has, ( ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and

(ii) It ( ) has, ( ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ) has developed and has on file, ( ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41…