RFP W912ER22R0022.pdf

SEE ADDENDUM

(No Collect Calls)

W912ER22R0022 22-Dec-2021

b. TELEPHONE NUMBER

540-665-6558

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 31 Jan 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912ER9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

DIANE E DELATHOUDER

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

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

W912ER DISTRICT (TAM), USACE

MIDDLE EAST DISTRICT (CETAM-CT)

PO BOX 2250

WINCHESTER VA 22604-1450

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: XXX-XXX-XXXX SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,250

NAICS:

333415

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF98

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912ER22R0022

Section SF 1449 - CONTINUATION SHEET

INSTRUCTIONS TO OFFERORS

INSTRUCTIONS

1. CONTRACT ADMINISTRATION DATA

This is a Firm-Fixed-Price (FFP) Indefinite Delivery/Indefinite Quantity (IDIQ) service type contract with a two (2) year base period without options. The Contracting Officer will administer this contract at the following address:

U.S. Army Corps of Engineers Middle East District Attention: CETAM-CT-S 201 Prince Frederick Drive Winchester, VA 22602

2. PAYMENTS

The method of invoicing is electronically. The Contractor must submit signed DD250 Material Inspection and Receiving Report, signed Certificate of Conformance, and currently dated invoices by email to the Contracting Officer Mr. Joe L. Libbey at Joe.L.Libbey@usace.army.mil, Contract Specialist, Diane E. deLathouder at Diane.E.deLathouder@usace.army.mil, and Project Manager Mr. Brian S. Johnson at, Brian.S.Johnson@usace.army.mil.

Payment will be made by electronic funds transfer (EFT) in accordance with Federal Acquisition Regulation (FAR) clause 52.232-33, Payment by Electronic Funds Transfer-Systems for Award Management.

3. CONTRACTOR LIAISON WITH THE GOVERNMENT

All communication by the Contractor with officials, representatives and/or offices of the Government in all matters pertaining to the work to be accomplished under this contract shall be through and in full liaison with the Contracting Officer.

Contracting Officer: Joe L. Libbey Email: Joe.L.Libbey@usace.army.mil Phone: 540-665-1382

Contract Specialist: Diane E. deLathouder Email: Diane.E.deLathouder@usace.army.mil Phone: 540-665-6558

Project Manager: Brian S. Johnson Email: Brian.S.Johnson@usace.army.mil Phone: 540-665-1228

Point of Contact In Kuwait

Name: Renet W. Murad Phone: 540-665-6345 Cell (KW): +965 9876 8904 Email: Renet.W.Murad@usace.army.mil

INVOICE ADDENDUM

MAIL INVOICE: (PLEASE REFERENCE COMPLETE CONTRACT NUMBER ON THE PACKING SLIP AND

THE INVOICE) U.S. ARMY CORPS OF ENGINEERS TRANSATLANTIC MIDDLE EAST DISTRICT

ATTN: Joe L. Libbey and Diane E. deLathouder

P.O. BOX 2250

WINCHESTER, VA 22604-1450

In accordance with FAR 52.212-4, Contract Terms and Conditions- Commercial Items (January 2017), Invoice.

(1) The Contractor shall submit an original electronic invoice to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

INVOICES SHALL BE SENT VIA EMAIL TO USACE TAM POINTS OF CONTACT LISTED BELOW:

The Contractor shall submit invoices, Government Bill of Lading, DD250 Material Inspection and Receiving Report, and Certificate of Conformance to the Contracting Officer, Contract Specialist and Project Manager at:

Contracting Officer:

Joe L. Libbey Email: Joe.L.Libbey@usace.army.mil

Contract Specialist:

Diane E. deLathouder Email: Diane.E.deLathouder@usace.army.mil

Project Manager:

Brian S. Johnson Email: Brian.S.Johnson@usace.army.mil

Failure to provide the required information will result in the rejection of the invoice and a request for a revised invoice that meets the contract requirements. Payment will not be authorized until a proper invoice, meeting the requirements stated herein, is provided.

FINAL INVOICES REQUIRE A SIGNED RELASE OF CLAIMS IN ADDITION TO THE ABOVE

REQUIRED INVOICING DOCMENTS.

DEFENSE BASE ACT INSURANCE DBA

REQUIRED INSURANCE

(a) The Contractor shall procure and maintain during the entire period of performance under this contract the insurance required by the General Provisions of this contract entitled Workmen's Compensation Insurance (Defense Base Act), and Workmen's Compensation and War Hazard Insurance Overseas. A blanket waiver of the provision of the Defense Base Act is in effect for all employees of contractors and subcontractors working on Department of the Army contracts who are neither residents nor citizens of the United States, nor who were hired in the United States, at the following locations only:

Belgium; France; Germany; Greenland; Guam; India; Israel; Italy; Japan; Kazakhstan; Korea South; Netherlands;

Russia; Spain; Switzerland; Turkey; Uzbekistan.

(b) The waiver does not apply to any employees who are (1) Hired in the United States by any contractor or subcontractor; (2) Residents of the United States; or (3) Citizens of the United States.

(c) Within ten (10) days from award of the contract, the Contractor shall furnish to the Contracting Officer a certificate of Defense Base Act Insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by the laws of the state in which this contract is to be performed in no event less than thirty (30) days after written notice thereof to the Contracting Officer.

WORKERS COMPENSATION INSURANCE (DEFENSE BASE ACT)

(a) This Contract Requirement supplements FAR Clause 52.228-3 Workers’ Compensation Insurance (Defense Base Act).

(b) The Department of Labor (DOL) has approved multiple insurance carriers which promotes a competitive market environment. Therefore, USACE contractors shall obtain commercially available DBA insurance from a DOL authorized insurance carrier unless the contractor is under a self-insurance program approved by the DOL or subject to a waiver. The DOL approved carriers and self-insured employers are available at http://www.dol.gov/owcp/dlhwc/lscarrier.htm.

(c) The contractor agrees to procure Defense Base Act (DBA) insurance. Proof of this insurance shall be provided to the Contracting Officer. The contractor shall submit proof of insurance for the Prime and their Subcontractor(s) at every tier.

(d) The District/Center Safety and Occupational Health Manager POC is:

Ms. Melanie Hart-Barajas, phone 540-665-3723; email Melanie.C.Hart-Barajas@usace.army.mil

(e) The Insurance carrier/Broker will conduct periodic audits of actual contractor payroll amounts. When a return is due for over-payment of premium on a specific audit, such returned premium shall be returned to the U.S.

Department of Treasury.

(f) Failure to comply and purchase Defense Base Act (DBA) Insurance in accordance with FAR Clauses 52.228-3 Workers’ Compensation Insurance (Defense Base Act shall be considered a material breach and could cause your contract to be terminated for cause).

ADDENDUM FAR 52.212-2

BASIS FOR AWARD

This Request for Proposal (RFP) will utilize Federal Acquisition Regulation (FAR) Part 13.5 Simplified Procedures for Certain Commercial Items. Price Proposals will be evaluated for balance, completeness, and reasonableness.

All Proposals will be technically evaluated as compared to the Statement of Work (SOW). The technical evaluation will include a comparison of the required documentation as it relates to the SOW.

It is the Government’s intent to award a contract without discussions; however, the Government reserves the right to hold discussions if deemed necessary.

The evaluation factors for this solicitation are (1) Technical Capability, (2) KMOD HVAC Requirements, JV Letter of Commitment (if applicable); Subcontractor Letter of Commitment (if applicable) and (3) Price. Award will be made to the Lowest Price Technically Acceptable (LPTA) Offer.

SYSTEM FOR AWARD MANAGEMENT (SAM)

All Offerors submitting a Proposal for this solicitation shall be actively registered in the SAM system in accordance with FAR Clause 52.204-7 System for Award Management. Offerors may register in SAM on the internet at: https://www.sam.gov/SAM/.

PROPOSAL FORMAT AND PROPOSAL SUBMISSION

1. The Government will not make assumptions concerning intent, capabilities, or experiences. Clear identification of proposal details shall be the sole responsibility of the offeror. The proposal shall meet the following basic requirements.

a. The proposal shall be typed, submitted in English and be in 12 point font, double spaced.

b. Proposal shall be organized, concise, and submitted electronically in two (2) volumes. Volumes shall be clearly identified and tabbed. Each factor shall be described in a separate tabbed section.

c. Each volume shall be identified by the solicitation number, volume number, and name, address, and telephone number of the prime offeror on the cover.

d. Volume I: Offerors shall submit technical (non-price) proposals containing both Factor 1 – Technical Capability and Factor 2 – Meeting KMOD Requirements. Offerors must verify that the information for all Factors submitted is current, correct, and complete including names of the points-of-contact, email addresses, and telephone numbers.

e. Volume II: The Price proposal shall be completed in full. Volume II shall include verification of all amendments received.

f. Instructions to Prospective Offerors: General. Late Submissions will not be considered. Proposals are to be received electronically via the DoD Secure Access File Exchange (SAFE) website located at https://safe.apps.mil by the due date listed below. SAFE Drop-off permission is required and must be requested in advance from Mr. Joe Libbey, Contracting Officer at Joe.L.Libbey@usace.army.mil and Contract Specialist, Ms. Diane E. deLathouder at Diane.E.deLathouder@usace.army.mil through the DoD SAFE website in order to submit a proposal:

Joe.L.Libbey@usace.army.mil

Diane.E.deLathouder@usace.army.mil

NOTE: Please allow a minimum of two (2) business days in advance for drop-off access. Offerors must request a SAFE drop-off code by 4:00 PM EST Thursday 26 January 2022. Failure to request a SAFE drop-off code timely shall result in late proposal submission. SAFE Drop-off access is only good for 14 days.

The Government is not responsible for offerors who do not request drop-off access resulting in a late submission.

The proposal due date is: 31 January 2022, 4:00 PM Eastern Time.

g. Proposals shall completely and adequately address the requirements of this solicitation. Offerors are reminded that elaborate corporate marketing information, formatting, special reproduction techniques, etc., are not necessary.

h. Bidder Inquiries: During the solicitation period, all correspondence with industry will be conducted strictly through the ProjNet (www.projnet.org) website using the bidder inquiry key, provided in this solicitation.

The cut-off date for submission of inquiries will be 21 January 2022. The Bidder Inquiry Key is 7EAHJP-

NF429E.

i. Offerors are cautioned against submitting conditional proposals. Any proposals with conditions will not be evalauted or considered for awrd. All questions and concerns shall be addressed strictly through the ProjNet (www.projnet.org) prior to the closing date of the solicitation, providing adequate time for the Contracting Officer to answer the concerns.

j. Failing to submit attachments or failing to complete the proposal properly, may result in rejection of the offer without further evaluation. Therefore, offerors are urged to follow instructions and coordinate with the Contracting Officer and Contracting Specialist if instructions are not understood.

Summary of formatting requirements for all volumes:

Font Type: Arial or Times New Roman Font Size: 12 for text pages; 10 for spreadsheets, diagrams, tables Margins: 1” Top, Bottom, Right & Left Page Size: 8.5” x 11” text pages; Pages larger than 8.5 x 11 shall count as two pages in determining page counts; (11” x 17” may be used for charts, diagrams, spreadsheets and tables with a 10 point font minimum).

Page Definition: is defined as a single sheet of paper with text on one side.

Language: Proposals must be typed and submitted in English. Proposals submitted in a language other than

English are unacceptable. Letters of Intent, licenses, partnership agreements or Joint Venture (JV) agreements, if not written in English, must be accompanied by an English translated copy with a signed statement, in English, by an authorized representative who can bind each partner that the English translation is true and correct.

Sentence Spacing: Single Paragraph Spacing – separated by at least one blank line Documents must be searchable

This RFP does not commit the Government to pay any costs incurred in the preparation and submission of a proposal or for any other costs incurred by any firm submitting a proposal in response to this solicitation. All offerors submitting a proposal for this solicitation shall be actively registered in the System for Award Management (SAM) at the time of proposal submittal. Due to the timing of this solicitation, and the need for immediate inspection actions, the Government does not have time to wait for offerors to seek SAM registration after award notice. Consequently, this solicitation is more restrictive than the FAR and DFARS requirements that an offeror simply be in the system for an award. Offerors that are not already actively registered, or are in the process of being registered in SAM, may be considered unacceptable and not available for an award. Offerors may register in SAM on the internet at: https://sam.gov/content/home. Even so, if the selected offeror is not in SAM by the noted award date then it may be considered unacceptable and not available for an award. Registration in SAM is an offeror’s responsibility.

2. Joint Ventures (JV)

An Offeror that is a JV must submit a legally binding JV agreement signed by an authorized officer from each of the firms comprising the JV with the chief executive of each entity identified and must be translated into English, if the original agreement is in a language other than English. The Government will not evaluate the capabilities of any offerors that are not included in the JV agreement.

3. Subcontractors

If an offeror wishes to be credited with any capabilities of a subcontractor or supplier (i.e., a firm that is not the offeror or otherwise part of a JV) a letter of commitment signed by the subcontractor and the offeror shall be submitted with the proposal. The commitment letter shall be submitted even if the firm is in some way related to a JV partner (for example, the subcontractor is subsidiary of a JV partner, or a subsidiary of a firm to which the JV partner is also a subsidiary). If a letter of commitment is not submitted, the capabilities will not be considered. Make sure to include the letter of commitment as part of Volume II.

4. Proposal Package

Volume 1 – Technical Proposal

Factor 1 –Technical Capability Factor 2 – KMOD HVAC Requirements JV Letter of Commitment (if applicable) JV Letter of Commitment (If Applicable) Subcontractor Letter of Commitment (If Applicable)

Volume 2 – Price and Contract Administrative Documentation

Factor 3 – Price

TAB # Contents of the Price Proposal 1 The Proposal Cover Sheet, to include the Offeror’s e-mail address, phone number, address, Tax Identification Number, DUNS number & CAGE number 2 The SF 1449 and acknowledgement of all Amendments (signed and dated) 3 Completed Factor 3 - Pricing Schedule 4 A completed copy of the representations and certifications at FAR 52.212-3 5 Statement of Bankruptcy (if applicable) 6 Copy of JV Agreement (if applicable) and/or Subcontractor Letters of Commitment 7 Covered Defense Telecommunications Equipment or Services—Representation

FACTOR 1 –TECHNICAL CAPABILITY:

Offerors shall provide the required submittals with their proposals to demonstrate compliance with the Statement of Work (SOW). The offeror’s documentation should include, but is not limited to, catalog cuts, sketches or drawings, and product data sheets for each of the Item Numbers within paragraphs 3.1 and 3.2 of the SOW. Each document shall be highlighted to specifically show the item(s) proposed by the offeror. See the attached SOW for more information. The offeror must provide a chart with the make, model, size, warranty period, and country of origin for each of the Item Numbers within paragraphs 3.1 and 3.2 of the SOW.

The offeror must confirm that they will comply with the DFARS Clause 252.225-7021 TRADE AGREEMENTS and DFARS Clause 252.225-7020 TRADE AGREEMENTS CERTIFICATE and demonstrate within a two page narrative how the offeror shall comply with DFARS Clause 252.225-7021.

To be considered for an award the offeror MUST submit the above documentation, and the documentation must comply with the requirements of the SOW. Variations to the technical requirements of the SOW may not be accepted and could cause the offeror to NOT be considered acceptable for award. In addition, the offeror shall provide a schedule for delivery that meets the required delivery date.

Technical Capability Evaluation: Offeror’s proposals shall be rated against the above criteria for Factor 1 Technical Capability and shall be rated using the following rating and description:

Adjectival Rating Description

Acceptable Proposal meets the requirements of the solicitation.

Unacceptable

Proposal does not meet the requirements of the solicitation.

FACTOR 2 – KMOD HVAC Requirements:

KMOD Requirements is met by offerors demonstrating itself to be a Prime Contractor Manufacturer Representative and Local Establishment.

An offeror must provide a narrative and appropriate documentation to demonstrate that it qualifies under all of the following elements:

Element 1: The offeror is an authorized distributor, commercial agent, or other authorized representative for the territory of the State of Kuwait for the HVAC equipment manufacturer or manufacturers whose equipment the offeror would provide to meet requirements of this RFP.

Element 2: The offeror itself is duly licensed and registered to do business as an HVAC contractor in the State of Kuwait. The offeror maintains a permanent operation with a permanent management and technical staff (including licensed technicians) within Kuwait, and has the capability to perform at least 80% of the installation work with its own personnel and to provide on-site supervision for all of the installation work under the resulting contract.

Element 3: The offeror will be the warranty service provider for the manufacturer or manufacturers of the supplied equipment with regard to the standard commercial warranties on that equipment.

Evaluation Approach for Factor #2 - KMOD Requirements for HVAC Equipment at 10 Priority Building located at the Air Defense Camp at Subhan.

The Government will evaluate the offeror’s documentation to ensure that it meets all of the elements of this factor. In order to receive a rating of acceptable or better for this factor:

With regard to Element 1: the offeror must provide documentation from a manufacturer or several manufacturers whose products will meet at least 85% of the equipment requirements of this solicitation by value, and all of the equipment requirements of this solicitation for individual items that the offeror has priced at more than $100,000, stating that (1) the offeror is its authorized distributor for the manufacturer or manufacturers for the State of Kuwait,

(2) that the offeror is the manufacturer’s or manufacturers’ commercial agent for the State of Kuwait, or (3) that the offeror has some other documented relationship with the manufacturer or manufacturers, pursuant to which it is authorized to supply and service the equipment of that manufacturer or those manufacturers in the Kuwait. Among those offerors meeting this requirement, preference will be given for proof of manufacturer agency distributorship, or similar relationship applicable to greater percentages of the equipment proposed to be supplied, over-and-above 85%. Individual pieces of equipment that the offeror has priced at less than $1,000 may be ignored completely for purposes of proving compliance with this element.

Element 2: The offeror should provide documentation from the Government of the State of Kuwait that proves its licensure specifically as an HVAC contractor. The offeror should provide a narrative of the existence and size of its establishment in Kuwait, describing its physical plant, the number of persons in each role in its workforce, including the number of persons licensed as HVAC technicians, and the number of years it has been licensed as an HVAC contractor in Kuwait. Among those offerors that meet the basic requirements of this element, preference will be given to offerors with greater numbers of licensed HVAC technicians in their employ who are based in Kuwait and to offerors that have been licensed as HVAC contractors in Kuwait longer. The greatest weight will be given for licensure for fifteen (15) years or longer and for having at least twelve (12) licensed HVAC technicians on staff in Kuwait.

Element 3: The offeror will provide documentation from the manufacturer or manufacturers of at least 85% of the equipment to be supplied and installed under the resulting contract by value (according to the prices proposed for the pieces of equipment by the offeror), stating that the offeror will be its warranty service provider for the equipment. If this is not available, an offeror may provide documentation sufficient to prove a history of providing warranty service for equipment of the same manufacturer or manufacturers over at least five (5) years, including service provided at least as recently as 365 days prior to the issuance of the Request for Quote (RFQ) for each manufacturer, which is applicable to the manufacturers of at least 85% of the equipment to be supplied and installed under the resulting contract by value (according to the prices proposed for the pieces of equipment by the offeror). Preference will be given to offerors that show that they are warranty service providers for the manufacturer or manufacturers or more than 85% of the equipment to be supplied by value, with the greatest weight given for proof applicable to 100% of the equipment to be supplied. Individual pieces of equipment that the offeror has priced at less than $1,000 may be ignored completely for purposes of proving compliance with this element.

KMOD HVAC Requirements Evaluation: Offeror’s proposals shall be rated against the above criteria for Factor 2, KMOD HVAC Requirements and shall be rated using the following rating and description:

Adjectival Rating Description

Acceptable Proposal meets the requirements of the solicitation.

Unacceptable

Proposal does not meet the requirements of the solicitation.

FACTOR 3 – PRICE:

Offeror’s shall provide a FFP proposal. This price proposal shall include all building materials, equipment, labor, and tools to accomplish all the items listed within the Statement of Work. The Government will evaluate price proposals to determine their completeness and reasonableness. The Government will perform its price evaluation by comparing an offeror’s proposed prices against the Government’s estimate as well as against the prices proposed by other offerors.

Offerors shall submit a completed Attachment 3 Pricing Schedule as part of the Factor 3 – Price for Volume II. Proposals must be broken down and prices shown for each of the Contract Line Item Numbers (CLIN):

TAB # Contents of the Price Proposal 1 The Proposal Cover Sheet, to include the offeror’s e-mail address, phone number, address, Tax Identification Number, DUNS number & CAGE number 2 The SF 1449 and acknowledgement of all Amendments (signed and dated) 3 Completed Attachment Factor 3 - Pricing Schedule 4 A completed copy of the representations and certifications at FAR 52.212-3 5 Statement of Bankruptcy (if applicable) 6 Copy of JV Agreement (if applicable) and/or Subcontractor Letters of Commitment 7 Covered Defense Telecommunications Equipment or Services—Representation

Price Evaluation:

For offeror proposals to be considered acceptable, proposals shall be balanced, complete, and reasonable. The total evaluated price will be determined by adding the total CLIN Prices (0001, 0002, and 0003) as proposed on Attachment Factor 3 – Pricing Schedule.

a. Complete: The proposal shall have pricing for all line items contained within the solicitation.

b. Balanced. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly over or understated as compared to the IGE and other offers.

c. Reasonable: Reasonableness has to do with whether an offeror’s proposed prices compare favorably against the IGE as well as against the proposed prices submitted by other offeror’s.

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 UNDEFINED Job Mechanical HVAC Systems

FFP

Provide unit pricing in accordance with Attachment Factor 3 - Pricing Schedule and the Statement of Work (SOW).

FOB: Destination

MILSTRIP: W26WKS02628645

PSC CD: 4120

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED Job Ellectrical Components

FFP

Provide unit pricing in accordance with Attachment Factor 3 - Pricing Schedule and the Statement of Work (SOW).

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0003 UNDEFINED Job Labor Category Priicng

FFP

Provide unit pricing in accordance with Attachment Factor 3 - Pricing Schedule and the Statement of Work (SOW).

FOB: Destination

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$10,000.00 $7,500,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

$1,000.00 $5,000,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 04-APR-2022 TO

04-APR-2024

N/A N/A

FOB: Destination

0002 POP 04-APR-2022 TO

04-APR-2024

0003 POP 04-APR-2022 TO

04-APR-2024

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(JUN 2020) -- Alternate I

OCT 1995

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

JUN 2020

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

OCT 2020

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2020

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.215-19 Notification of Ownership Changes OCT 1997 52.227-14 Rights in Data--General MAY 2014 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.229-12 Tax on Certain Foreign Procurements FEB 2021 52.233-3 Protest After Award AUG 1996 52.247-34 F.O.B. Destination NOV 1991 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

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

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020

252.223-7999 (Dev) Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (Deviation 2021-O0009)

OCT 2021

252.244-7000 Subcontracts for Commercial Items JAN 2021 252.246-7003 Notification of Potential Safety Issues JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

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

2020)

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

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

(c) Representations.

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

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

(End of provision)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (SEP 2021)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(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, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative 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 (https://assist.dla.mil/online/start/).

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

(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 (https://assist.dla.mil/wizard/index.cfm);

(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) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(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.

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

This Request for Proposal (RFP) will utilize Federal Acquisition Regulation (FAR) Part 13.5 Simplified Procedures for Certain Commercial Items. Price Proposals will be evaluated for balance, completeness, and reasonableness.

All Proposals will be technically evaluated as compared to the Statement of Work (SOW). The technical evaluation will include a comparison of the required documentation as it relates to the SOW.

It is the Government’s intent to award a contract without discussions; however, the Government reserves the right to hold discussions if deemed necessary.

The significant evaluation factors for this solicitation are (1) Technical Capability, (2) KMOD HVAC Requirements, JV Letter of Commitment (if applicable); Subcontractor Letter of Commitment (if applicable) and (3) Price. Award will be made to the Lowest Price Technically Acceptable (LPTA) Offer.

Refer to Addendum to FAR Clause 52-212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014) for submission and evaluation requirements for this solicitation.

(b) 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).

N/A

(c) 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 (FEB 2021)

The…