RFQ W912CM24Q0021 - M_R Crane Systems.pdf

SEE ADDENDUM

(No Collect Calls)

W912CM24Q0021 07-Aug-2024

b. TELEPHONE NUMBER

314-546-6735

8. OFFER DUE DATE/LOCAL TIME

08:00 AM 29 Aug 2024

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 X 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.

W912CM9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

IORDANIS ORGANTZIS

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

1 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

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

0012153310-0002

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

RCO WIESBADEN

KO DIRECTORATE OF CONTRACTING

CMR 410, BOX 741

APO AE 09096

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 W582RS 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

MAURICE BAYER, USAG WIESBADEN DPW

MAURICE BAYER, USAG WIESBADEN - DPW

1057 DIELTZ PLACE

09005-9096 UNIT 29623, BOX 30, APO AE

GERMANY

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$12,500,000

NAICS:

811310

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)

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.

W912CM24Q0021

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Preventive Maintenance

FFP

Preventive Maintenance of Crane Systems at USAG Wiesbaden, in accordance with the Performance Work Statement (Part 5) and the Inventory List (Attachment 2).

FOB: Destination

MFR PART NR: 0001

PURCHASE REQUEST NUMBER: 0012153310-0002

PSC CD: J039

NET AMT

0002 Job On-Demand Repair Services

T&M On-Demand Repair Services of Crane Systems at USAG Wiesbaden, in accordance with the Performance Work Statement (Part 5). Includes materials and fixed price labor hours in accordance with the Price Book (Attachment 1).

FOB: Destination

TOT ESTIMATED PRICE

CEILING PRICE

0003 1 Job UVV-Inspections

FFP

UVV-Inspections (UVV= Accident Avoiding Regulation/Unfall Verhütungsvorschriten) in accordance with the Performance Work Statement (Part

5) and the Inventory List (Attachment 2).

FOB: Destination

0004 2 Training

FFP

Contractor-provided training for USG personnel on bi-annual (twice per year) basis, in accordance with the Performance Work Statement (Part 5).

FOB: Destination

1001 1 Job OPTION Preventive Maintenance

FFP

OPTION 1: Preventive Maintenance of Crane Systems at USAG Wiesbaden, in accordance with the Performance Work Statement (Part 5) and the Inventory List (Attachment 2).

FOB: Destination

1002 1 Job OPTION On-Demand Services

FFP

OPTION 1: On-Demand Repair Services of Crane Systems at USAG Wiesbaden, in accordance with the Performance Work Statement (Part 5). Includes materials and fixed price labor hours in accordance with the Price Book (Attachment 1).

FOB: Destination

1003 1 Job OPTION UVV-Inspections

FFP

OPTION 1: UVV-Inspections (UVV= Accident Avoiding Regulation/Unfall Verhütungsvorschriten) in accordance with the Performance Work Statement (Part

5) and the Inventory List (Attachment 2).

FOB: Destination

1004 2 OPTION Training

FFP

OPTION 1: Contractor-provided training for USG personnel on bi-annual (twice per year) basis, in accordance with the Performance Work Statement (Part 5).

2001 1 Job OPTION Preventive Maintenance

FFP

OPTION 2: Preventive Maintenance of Crane Systems at USAG Wiesbaden, in accordance with the Performance Work Statement (Part 5) and the Inventory List (Attachment 2).

FOB: Destination

2002 1 Job OPTION On-Demand Services

FFP

OPTION 2: On-Demand Repair Services of Crane Systems at USAG Wiesbaden, in accordance with the Performance Work Statement (Part 5). Includes materials and fixed price labor hours in accordance with the Price Book (Attachment 1).

FOB: Destination

2003 1 Job OPTION UVV-Inspections

FFP

OPTION 2: UVV-Inspections (UVV= Accident Avoiding Regulation/Unfall Verhütungsvorschriten) in accordance with the Performance Work Statement (Part

5) and the Inventory List (Attachment 2).

FOB: Destination

2004 2 OPTION Training

FFP

OPTION 2: Contractor-provided training for USG personnel on bi-annual (twice per year) basis, in accordance with the Performance Work Statement (Part 5).

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 0004 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government

1004 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 20-SEP-2024 TO

19-APR-2025

N/A MAURICE BAYER, USAG WIESBADEN

DPW

MAURICE BAYER, USAG WIESBADEN -

DPW

1057 DIELTZ PLACE

09005-9096 UNIT 29623, BOX 30, APO AE

GERMANY

W582RS

0002 POP 20-SEP-2024 TO

19-APR-2025

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 20-SEP-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 20-SEP-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 20-APR-2025 TO

19-APR-2026

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 20-APR-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 20-APR-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 20-APR-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 20-APR-2026 TO

19-APR-2027

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 20-APR-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 20-APR-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 20-APR-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.237-1 Site Visit APR 1984

SITE VISIT INFO

A site visit is scheduled on 15 August 2024 (Thursday) to begin PROMPTLY at 9:00 AM. Companies interested in sending a representative should plan to meet at the location below:

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

It is strongly recommended that any company interested in this requirement should attend the site visit to ensure they fully understand the requirement. Please be prepared as multiple sites may be visited and Contractors are responsible for providing their own transportation within and between facilities.

Any company who is interested in having someone attend the Site Visit must contact Dan Organtzis at iordanis.organtzis.ln@army.mil and Aaron Ritter at aaron.m.ritter.civ@army.mil no later than 13 August 2024 at 2:00 PM and provide the name(s) and contact information of their representative(s) so that we can notify our personnel. Any questions pertaining to the Site Visit, that need to be addressed must be presented in writing to the contacts above no later than 19 August 2024 at 2:00 PM.

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

(End of Special Instructions)

52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

SEP 2023

ADDENDUM TO FAR 52.212-1

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

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

mailto:iordanis.organtzis.ln@army.mil mailto:aaron.m.ritter.civ@army.mil

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

1. Quotes shall be received no later than the date and time in Block 8 on page 1 of the Standard Form 1449. Quotes received after this date and time are "late" and may not be considered for award. It is the Quoter’s responsibility to ensure quotes are received timely.

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

- Dan Organtzis, Iordanis.organtzis.ln@army.mil

- Aaron Ritter, aaron.m.ritter.civ@army.mil

- RCOW Email Bid Box at usarmy.rheinland-pfalz.409-contr-spt-bde.mbx.rco-wie-bids@army.mil

Subject of e-maisl shall be “Submission of Quote W912CM24Q0021”. The stated time for receipt of quotes is in CET, Central European Time, Wiesbaden, Germany local time.

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

Failure to submit quote to ALL email addresses above may result in a quote NOT being considered for award. Faxed and mailed quotes are not authorized and may be rejected.

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

Para (h) Multiple Award. This is amended as to state that only one (1) award will be made from this solicitation.

3. Questions shall be submitted to all email addresses above. Subject of email shall be “Questions W912CM24Q0024”. The Government requests that you submit questions as soon as possible, but no later 10:00 AM, 10 workdays prior to closing of the solicitation. Questions received after this date and time, will not be answered by the Government. Questions shall annotate a reference to the specific part of the solicitation (for example, page number and paragraph number) to which they pertain. Answers to questions will be posted to the SAM.gov website at https://sam.gov/ under the solicitation number. It is the Quoter's responsibility to monitor the web site for posting of amendments, answers to questions, and other instructions, if any.

4. Data previously submitted, if any, will not be used in the evaluation of your response to this solicitation.

Previously submitted data shall not, therefore, be included in your quote "by reference."

5. INSTRUCTIONS FOR WRITTEN SUBMITTALS:

5.1 It is the Government’s intention to award without exchanges per FAR 52.212-1(g). Quoter is cautioned to examine this solicitation in its entirety and to ensure that their quote contains all necessary information, provides all required documentation, and is complete in all respects. The Quoter’s initial quote should contain the Quoter’s best terms from a price and technical standpoint. However, the Government reserves the right to clarify quotes or engage is exchanges if later determined by the Contracting Officer to be necessary and in the best interest of the Government. The Government may reject any or all quotes if such action is in the public interest; accept other than the lowest quote; and waive informalities and minor irregularities in quotes received.

mailto:Iordanis.organtzis.ln@army.mil mailto:aaron.m.ritter.civ@army.mil mailto:usarmy.rheinland-pfalz.409-contr-spt-bde.mbx.rco-wie-bids@army.mil

5.2 Detailed Quote Instructions: This paragraph provides detailed instructions for preparing the quote.

Quote Format and Content: This solicitation utilizes streamlined acquisition procedures. Quotes will be evaluated by the Government based on the evaluation criteria stated in FAR 52.212-2 of this solicitation.

5.2.1 Format. The submission shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin at the top of a page. All pages of each original volume shall be appropriately numbered and identified by the complete company name, date and solicitation number in the header or footer. Page size shall be 8.5 x 11 inches. Pages shall be single-spaced. Except for the reproduced sections of the solicitation document, the text size shall be no less than 10 point. Use 1-inch margins on all sides of each page. Pages shall be numbered sequentially by volume. Page limitations apply in accordance with Table 1 below.

Table 1

Volume Information Requirements Page Limitation

I 1. “SOLICITATION/CONTRACT/ORDER FOR

COMMERCIAL ITEMS” shall be completed and signed by an official authorized to bind the Quoter.

2. Representations and Certifications (as required):

a. Completed FAR 52.212-3 Alt. I, Offeror

Representations and Certifications – Commercial Products and Commercial Services (MAY 2024)

b. DFARS 252.229-7001, Tax Relief – Alt. I (APR 2020

c. FAR 52.204-24, Representation Regarding Certain

Telecommunications and Video Surveillance Services or Equipment (NOV 2021).

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

e. IRS Form W-14 (if applicable

N/A

II Factor I – Subfactor 1 – Qualifications / Key Personnel Subfactor 2 – Experience (See Reference Information Sheet (Attachment 3))

N/A

III Factor II –

1. Completed copy of Attachment 1, Pricebook, and,

2. Completed SF1449 “Schedule Supplies/Services” with total prices filled in for contract line items (0001, 0002, 0003, 0004, 1001, 1002, 1003, 1004, 2001, 2002, 2003, and 2004.

N/A

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

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

5.2.3 Compliance with all the Submission Requirements: Incomplete submission, including those that failed to provide required material information, may be excluded from further evaluation. The Government may also determine a quote unacceptable if the quoter takes any exceptions to the terms and conditions of the RFP or imposes conditions.

5.3 VOLUME I – Offer and Representations and Certifications:

5.3.1 An authorized official of the firm shall complete the SF 1449 in blocks 12, 17a, 30a, 30b and 30c.

5.3.2 The quoter shall complete and return the following:

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

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

c. FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services Or Equipment (NOV 2021)

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

e. IRS Form W-14 (if applicable based on above representations).

5.3.3 Acknowledgment of all Amendments to the solicitation (if any amendments are issued)

5.3.4 The completion and submission to the Government of the below items will constitute the offer. The quote shall communicate the Quoter’s unconditional assent to the terms and conditions in this solicitation, including any attachments and documents incorporated by reference. The Quoter’s failure or refusal to assent to any of the terms and conditions of this solicitation or the Quoter’s imposition of additional conditions or any material omission in its quote may constitute a deficiency which will make the quote unacceptable to the Government.

5.3.5 Any deficiency in a quote will render the offer unacceptable. The Government reserves the right to permit Quoter to revise their quote if the Government thinks it is in its interest to do so.

5.4 VOLUME II – TECHNICAL

5.4.1 The technical volume must clearly describe the Quoter’s proposed capabilities to fulfill the requirements of this solicitation. The Performance Work Statement (PWS) of the solicitation describes the services that will be acquired through this solicitation.

5.4.2 The technical volume shall consist of the following three (3) subfactors:

Subfactor 1: Qualifications / Key Personnel Subfactor 2: Experience

5.4.3 Subfactor 1: Quoter shall submit documentation that attests to the Quoter’s ability to meet all of the licensing, personnel certification, and experience requirements listed below:

i. Certified Master (Meister) or Engineer (Ingenieur) level for Crane Systems Equipment

ii. Technicians: The Contractor shall provide fully qualified and trained personnel capable of maintaining large Crane Systems manufactured by all of the listed manufacturers in the Inventory List (Attachment 2).

iii. Technicians working under this contract shall have at least the following minimum certifications - Apprenticeship diploma engineering (unaltered German version ‘Gesellenbrief’).

Quoter shall also submit resumes or other written documentation attesting and/or demonstrating the person(s) identified as key personnel (as defined in paragraph 1.10 of the PWS) as possessing the following criteria:

i. Contract Manager (alternate): Certified Engineer (Ingenieur, Techniker, Meister) in electronic or mechanical field with a minimum of three (3) years’ work experience in either a Crane manufacturing company, a company which holds a license (work-commitment) from a manufacturing company or a certified company which performs maintenance and repair of crane systems.

ii. Quality Control Manager: The Quality Control Manager shall have a minimum of two (2) years’ experience, within the past five (5) years, working as a Quality Control Manager.

In case the certificates are held by another company a work agreement must be provided.

5.4.4 Subfactor 2 Experience: Quoter shall submit an individual Reference Information Sheet (Attachment #3) for at least two (2), but no more than three (3), reference contracts that are recent and relevant as defined below, that clearly shows that the Quoter has provided services relevant and recent to those required in the PWS. All references shall describe experience in the primary areas of elevator maintenance and repairs. The Quoter shall ensure the contact and contract information in each Reference Information Sheet is accurate. The Government may contact references to verify the accuracy of the information provided.

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

"Relevant" is defined as similar work contemplated under this Solicitation with respect to scope, type of work, and value. The minimum value for each reference sheet submitted shall be € 60,000.00 per year of performance.

The Government is not bound by an offeror's opinion of the relevance of its organizational experience.

5.5. VOLUME III – PRICE

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

5.5.2 Note: For “On-Call Repairs” (CLINs E0001, E1001, E2001), the Quoter will fill in its proposed labor rate, and that labor rate will be automatically multiplied by the Government’s estimated on-call labor hours, which has been pre-filled in Attachment 1 by the Government. Quoters are not required to propose an amount for “On-Call Materials” (CLINs E0002, E1002, E2002), the estimated amount for each year of performance has been pre-filled by the Government. The Quoter will submit a completed copy of Price Book Attachment 1 with its quote. Do not alter or tailor the spreadsheets or change any formulas. Do not lock or protect the excel worksheets or submit them in pdf format. It is not the Government’s intent to change any entries, but to assist in calculations. The Quoter is responsible for ensuring all of the information, calculations, and rounding are correct.

5.5.2 Additionally, the Quoter shall fill-in the “Schedule Supplies/Services” with its proposed total prices for all CLINs, as calculated by Price Book Attachment 1. Ensure that blocks # 12, 17a, 30a, 30b, and 30c are completed.

(End of Addendum)

CLAUSES INCORPORATED BY FULL TEXT

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

1. BASIS FOR AWARD

(a) The Government will award a single purchase order resulting from this solicitation to the lowest priced, technically acceptable, responsible Quoter whose quote conforms to the solicitation in accordance with FAR 13.106.

Quoters that do not conform to the requirements of the solicitation may be rejected without further evaluation or exchanges. The following factors shall be used to evaluate offers:

FACTOR I - TECHNICAL

Sub factor 1. Qualifications / Key Personnel Sub factor 2. Experience (Reference Information Sheet - Attachment 4)

FACTOR II – PRICE

FACTOR III – SUPPLIER PERFORMANCE RISK SYSTEM (SPRS)

The basis for award is Lowest Price Technically Acceptable (LPTA).

(b) A rating of no less than “Acceptable” must be achieved for all non-price factors and sub-factors. Receiving a rating of “Unacceptable” in any of the non-price evaluation factors and sub-factors as listed above will result in an overall rating of “Unacceptable” and the Government may not evaluate the remainder of the quote package.

(c) The Government intends to evaluate quotes and award a contract without exchanges. Therefore, each initial quote should contain the Quoter’s best terms from a price and technical standpoint. The Government reserves the right to conduct exchanges if determined necessary by the Contracting Officer and if it’s in the best interest of the Government.

(d) Options. The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. This amount will be the total evaluated price. The Government may determine that a Quoter is unacceptable is the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise any said options.

(e) Funds are not presently available for this acquisition. No contract award will be made until appropriated funds are made available.

2. EVALUATION APPROACH

(a) Technical Factor and Subfactor Rating Definitions:

ACCEPTABLE - Quote meets the minimum requirements of the solicitation. UNACCEPTABLE - Quote does not meet the minimum requirements of the solicitation.

FACTOR I – TECHNICAL

The Government will evaluate offers based on documentation provided. The Government will evaluate each Quoter’s understanding of the Government’s requirements to determine the likelihood that the quoter will be able to perform the contract successfully.

Sub factor 1. Qualifications / Key Personnel: This subfactor will be evaluated as Acceptable when the Quoter submits documentation demonstrating that it employs personnel who have the following capabilities and certifications:

i. Certified Master (Meister) or Engineer (Ingenieur) level for Crane Systems Equipment

ii. Technicians: The Contractor shall provide fully qualified and trained personnel capable of maintaining large Crane Systems manufactured by all of the listed manufacturers in the Inventory List (Attachment 2).

iii. Technicians working under this contract shall have at least the following minimum certifications - Apprenticeship diploma engineering (unaltered German version ‘Gesellenbrief’).

Those identified by the Quoter as being “key personnel”, as defined in paragraph 1.10 of the PWS, shall have documentation submitted that demonstrate the following:

i. Contract Manager (alternate): Certified Engineer (Ingenieur, Techniker, Meister) in electronic or mechanical field with a minimum of three (3) years’ work experience in either a Crane manufacturing company, a company which holds a license (work-commitment) from a manufacturing company or a certified company which performs maintenance and repair of crane systems.

ii. Quality Control Manager: The Quality Control Manager shall have a minimum of two (2) years’ experience, within the past five (5) years, working as a Quality Control Manager.

Sub factor 2. Experience: The Government will evaluate the minimum of two (2), but no more than three (3), Reference Information Sheets (Attachment 4) for recency and relevancy. This Subfactor is met when the Quoter provides individual Reference Information Sheets for recent and relevant service contracts related to the maintenance and repair of crane systems.

“Recent” is defined as the efforts that are completed or ongoing during the past five (5) years prior to the issue date of the solicitation.

“Relevant” is defined as similarity to work contemplated under this Solicitation with respect to scope, type of work, and value. The value for each reference sheet submitted shall be an annual minimum of € 60,000.00.

FACTOR II – PRICE

(a) After determination of technical acceptability, each quote will be evaluated and award made to the lowest Total Evaluated Price (TEP) determined to be reasonable, complete (all items are priced), and balanced. Quoters are required to utilize Attachment 1 (Price Book) to fill out all yellow highlighted fields, and only those fields. Total prices must then be entered in the SF1449 for CLINs 0001, 0002, 0003, 0004, 1001, 1002, 1003, 1004, 2001, 2002, 2003, and 2004 based on the total developed from the price book. Quotes must ensure there are no rounding errors to the nearest cent. The successful Quote will be contractually bound to all proposed prices and rates.

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

Note: The amounts and CLINS associated with FAR 52.217-8 will not be included in the awarded contract as CLINs, and only if the option is exercised via modification.

FACTOR III – SUPPLIER PERFORMANCE RISK SYSTEM (SPRS)

Note: The Quoter does not have to submit any information for this factor.

(a) The Government will consider Risk in accordance with the provision at DFARS 252.204-7024, Notice on the Use of the Supplier Performance Risk System. The Government will consider Supplier Risk as described in the provision. The Government will NOT consider Item Risk or Price Risk as described in provision. For purposes of this Risk assessment, the Government will only consider information contained in the Supplier Performance Risk System (SPRS). Any questions or concerns the offeror has concerning its SPRS risk assessments should be addressed as described in paragraph (d) of the provision.

(b) The SPRS rating will be based on an “Acceptable” / “Unacceptable” basis and the following definitions will be used to assign the rating:

- Acceptable: Offeror has a Supplier Risk Score of Green, Purple, Blue, or Black.

- Unacceptable: Offeror has a Supplier Risk Score of Yellow, Red, or Grey.

(End of Provision)

52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

NOV 2023

ADDENDUM TO FAR 52.212-4

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

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

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

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

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

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

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

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

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

ELECTRONIC PAYMENT AND PROCESSING OF INVOICES:

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

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

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

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

TEXT:

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

1. Cage Code(s):

2. EB POC's Name:

3. EB POC's Email:

4. EB POC's Phone Number:

https://www.sam.gov/portal/public/SAM/ http://www.sam.gov/

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

e. Administrative Office:

Regional Contracting Office Wiesbaden 409th Contracting Support Brigade Attn: CCEC-EUZ-CSW Konrad-Adenauer-Ring 39 65187 Wiesbaden, Germany

(End of Addendum)

52.203-3 Gratuities APR 1984 52.204-1 Approval of Contract DEC 1989 52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements-- Commercial Acquisition

NOV 2021

52.217-5 Evaluation Of Options JUL 1990 52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation

APR 1984

252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

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

JAN 2023

252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.215-7007 Notice of Intent to Resolicit JUN 2012 252.215-7008 Only One Offer DEC 2022 252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7041 Correspondence in English JUN 1997 252.225-7048 Export-Controlled Items JUN 2013 252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

JAN 2023

252.229-7002 Customs Exemptions (Germany) JUN 1997 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

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 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.246-7003 Notification of Potential Safety Issues JAN 2023 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for

Military Operations

OCT 2010

252.246-7008 Sources of Electronic Parts JAN 2023 252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

https://www.sam.gov/

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

(2) Are conducted pursuant to 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 (SDVOSB) concern" means a small business concern—

(1)(i) Not less than 51 percent of which is owned and controlled 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; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran…