W564KV-24-R-0048.pdf

SEE ADDENDUM

(No Collect Calls)

W564KV24R0048 22-Aug-2024

b. TELEPHONE NUMBER

+49 (0) 611-1435426831

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 20 Sep 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 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.

W564KV9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

NAZIHA DJERIOUAT

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

0011998831

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

TCC-KAISERSLAUTERN

KLEBER KASERNE MANNHEIMER STRASSE 238

BLDG 3233

KAISERSLAUTERN 67657

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 WK4FVK 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

HEIDE STROEHL

HEIDE STROEHL

141 SEMBACH

SEMBACH 67681

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$19,000,000

NAICS:

811412

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 OF136

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.

W564KV24R0048

Section SF 1449 - CONTINUATION SHEET

RFP INFORMANTION

Appliance Maintenance & Repair Services Solicitation Number: W564KV-24-R-0048 Agency: Department of the Army Office: 409th Contracting Support Brigade (CSB) Location: Theatre Contracting Center (TCC)

This solicitation will result in a Firm Fixed Price (FFP), C-Type contract with a three (3) month Base Period and four (4) twelve (12) month Option Periods, supporting the United States Army Installation Management Command

– Europe (IMCOM-E) for Domestic Appliance Maintenance/Repair Services for the US Army in Europe, Army Family Housing and Unaccompanied Personnel Housing at US Army Installations in Germany. Funds are not presently available for this acquisition. No contract award will be made until appropriated funds are made available.

All proposals received by 20 September 2024 12:00 PM Central European Summer Time (CEST) will be considered by the Government. The combined synopsis/solicitation number is W564KV-24-R-0048 and it is issued as a Request for Proposal. Questions must be submitted no later than 10 business days prior to proposal due date. Questions must be submitted to the points of contacts listed below.

Email proposals to: naziha.djeriouat.ln@army.mil and shea.korth2.civ@army.mil

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-05, DFARS Publication Notice 20240530 and CD 2024-O0013, Revision 1. Only emailed requests received directly from the offerors are acceptable. NAICS code is 811412, Appliance Repair and Maintenance, with a small business size standard of $19,000,000 Million.

Additional Information:

1. Offerors must register with the Wide Area Workflow (WAWF). Payment will be made by electronic funds transfer through Defense Finance and Accounting Service (DFAS). The offeror that is awarded the contract must follow the instructions required for electronic submission of invoices on WAWF https://wawf.eb.mil.

2. System for Award Management (SAM) Registration is required in order for an offeror to receive a Government contract. Offerors must be registered in SAM at time of receipt of proposals, or the offer may not be considered.

For more information on this requirement, please visit https://www.sam.gov. If you were registered in CCR and ORCA, your organization’s information is already in SAM. However, you are required to set up a SAM account and migrate your CCR roles.

3. Fill out FAR clause 52.212-3 (Offeror Representations and Certifications) or reference to electronic copy of

Representation and Certifications on the System for Award Management website (https://www.sam.gov).

4. Submission requirements for all offerors are identified by addendum on FAR Clause 52.212-1. Offeror is directed to pay special attention to FAR Clause 52.212-1 and 52.212-2 when submitting proposal.

5. The clause at 52.214-4 (and any addenda to this clause), Contract terms and Conditions, Commercial Products and Commercial Services, applies to this acquisition.

6. The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-

Commercial Products and Commercial Services, applies to this acquisition.

7. Offers will be evaluated as identified in FAR Clause 52.212-2, incorporated into this solicitation.

8. PROPOSALS MUST INCLUDE OFFEROR’S CAGE CODE NUMBER AND UNIQUE ENTITY

IDENTIFIER (UEI).

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 2 Months Phase-In Period Appliance Maintenance

FFP

Phase-In period for Appliance Maintenance services if selected awardee is other than the incumbent. This CLIN will only be utilized in the event of a contract award to any contractor other than the incumbent. This line item is NOT SEPARATELY priced and contractors shall not submit a price for this line item as no payment will be made under this line item.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011998831

PSC CD: J072

NET AMT

0002 3 Months Appliance Maintenance Services AFH

FFP

Contractor shall provide Appliance Repair and Maintenance Services of Government owned domestic appliances for the Army in Europe, Army Family Housing (AFH), in accordance with attached Performance Work Statement (PWS).

FOB: Destination

PURCHASE REQUEST NUMBER: 0011998831

0003 3 Months Appliance Maintenance Services UPH

FFP

Contractor shall provide Appliance Repair and Maintenance Services of Government owned domestic appliances for the Army in Europe, Unaccompanied Personnel Housing (UPH), in accordance with attached Performance Work Statement (PWS).

FOB: Destination

1002 12 Months OPTION Appliance Maintenance Services AFH

FFP

Contractor shall provide Appliance Repair and Maintenance Services of Government owned domestic appliances for the Army in Europe, Army Family Housing (AFH), in accordance with attached Performance Work Statement (PWS).

1003 12 Months OPTION Appliance Maintenance Services UPH

FFP

Contractor shall provide Appliance Repair and Maintenance Services of Government owned domestic appliances for the Army in Europe, Unaccompanied Personnel Housing (UPH), in accordance with attached Performance Work Statement (PWS).

2002 12 Months OPTION Appliance Maintenance Services AFH

FFP

Contractor shall provide Appliance Repair and Maintenance Services of Government owned domestic appliances for the Army in Europe, Army Family Housing (AFH), in accordance with attached Performance Work Statement (PWS).

2003 12 Months OPTION Appliance Maintenance Services UPH

FFP

Contractor shall provide Appliance Repair and Maintenance Services of Government owned domestic appliances for the Army in Europe, Unaccompanied Personnel Housing (UPH), in accordance with attached Performance Work Statement (PWS).

3002 12 Months OPTION Appliance Maintenance Services AFH

FFP

Contractor shall provide Appliance Repair and Maintenance Services of Government owned domestic appliances for the Army in Europe, Army Family Housing (AFH), in accordance with attached Performance Work Statement (PWS).

3003 12 Months OPTION Appliance Maintenance Services UPH

FFP

Contractor shall provide Appliance Repair and Maintenance Services of Government owned domestic appliances for the Army in Europe, Unaccompanied Personnel Housing (UPH), in accordance with attached Performance Work Statement (PWS).

4002 12 Months OPTION Appliance Maintenance Services AFH

FFP

Contractor shall provide Appliance Repair and Maintenance Services of Government owned domestic appliances for the Army in Europe, Army Family Housing (AFH), in accordance with attached Performance Work Statement (PWS).

4003 12 Months OPTION Appliance Maintenance Services UPH

FFP

Contractor shall provide Appliance Repair and Maintenance Services of Government owned domestic appliances for the Army in Europe, Unaccompanied Personnel Housing (UPH), in accordance with attached Performance Work Statement (PWS).

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 1002 Destination Government Destination Government 1003 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 30-NOV-2024 TO

29-JAN-2025

N/A HEIDE STROEHL

HEIDE STROEHL

141 SEMBACH

SEMBACH 67681

WK4FVK

0002 POP 30-JAN-2025 TO

29-APR-2025

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 31-JAN-2025 TO

29-APR-2025

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 30-APR-2025 TO

29-APR-2026

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 30-APR-2025 TO

29-APR-2026

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 30-APR-2026 TO

29-APR-2027

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 30-APR-2026 TO

29-APR-2027

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 30-APR-2027 TO

29-APR-2028

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 30-APR-2027 TO

29-APR-2028

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 30-APR-2028 TO

29-APR-2029

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 30-APR-2028 TO

29-APR-2029

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

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

MAY 2011

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

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.204-29 Federal Acquisition Supply Chain Security Act Orders--

Representation and Disclosures.

DEC 2023

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

SEP 2023

CLAUSE(S) 52.212-1 - ADDENDUM

1. PROPOSAL SUBMISSION REQUIREMENTS

Each volume shall be submitted via email. Funds are not presently available for this acquisition. No contract award will be made until appropriated funds are available. It is requested, that proposals remain valid for 120 days after the solicitation closing date.

Submissions. Offerors are discouraged from providing points of contact with another contractors’ facility, i.e., in case an offeror (or one of his/her team members) is in a subcontract with another contractor who has submitted a proposal on the same requirement. The offeror shall also acknowledge all amendments to the solicitation. Any portion of the proposal that is changed after initial submission should be annotated and dated. Each volume shall clearly be labeled with its title and volume number.

Each paragraph should be single spaced and shall be separated by at least one blank line. A standard, 12-point minimum font size applies. Arial or New Times Roman fonts are required.

Tables and illustrations may use a reduced font size no less than 8-point and may be produced in landscape mode. The use of hyperlinks is prohibited. Submissions 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 volume shall be appropriately numbered and identified by the complete company name, date and Request for Proposal (RFP) number in the header and/or footer. A Table of Contents should be created using the Table of Content feature in MS Word.

The Offeror’s proposal shall be submitted in digital format, via email, as set forth below. Offers must be received before the deadline stated in the RFP. In accordance with FAR 52.214-35, all offers must be submitted in English. Exception to this clause is for Professional Certifications achieved through the host nation country. Offers submitted in a language other than English shall be determined “Unacceptable” and eliminated from competition. All offers must clearly and convincingly demonstrate that the Offeror has a thorough understanding of the requirements and associated risks, and currently has commercially available services that meet the requirements.

Simple reiteration of the requirement or standard reference material is inadequate. It is the Offeror’s responsibility to present sufficient information to be meaningfully evaluated without discussions. The Offeror is advised that quality of information is more important than quantity.

The Offeror’s proposal shall be clear, concise, and include sufficient detail for effective evaluation and for substantiating the validity of stated claims. Clarity and readability are very important. The Government will not infer meanings from vague or ambiguous language.

Offers shall be submitted on or before the date set for receipt of offers, stated in the solicitation and submitted to the Contract Specialist, Ms. Naziha Djeriouat, naziha.djeriouat.ln@army.mil and the Contracting Officer, Mrs. Shea Korth, shea.korth2.civ@army.mil. The subject line for these emails shall be “W564KV-24-R-0048 – Appliance Maintenance Proposal.” Proposals may be submitted in MS Word or MS Excel (2003 or higher) or PDF. When submitting via separate emails, the Offeror shall number the emails (e.g. 1 of 4, 2 of 4, etc.) to confirm that all parts are submitted and received.

Alternatively, an Offeror may email the Contract Specialist or Contracting Officer to request a “Drop Off” via DoD Safe. With all submissions, there must be acceptable evidence to establish that the entire proposal was received and was under the Government’s control prior to the time set for receipt of offers. It is the Contractor’s responsibility to ensure the Government receives all emails with appropriate attachments. A complete proposal received after the exact time stated above will be considered late and will not be considered.

The following volumes of material shall be submitted:

Volume Title Digital Copies Maximum Pages 1 Technical Proposal PDF 8 2 Price Proposal PDF or Excel No page limit 3 Solicitation, Offer and Award

Documents,and Certifications / Representations

PDF No page limit

NOTE: Pages that exceed the required page limitations will not be evaluated. Additional pages over the maximum allowed will be removed or not read and will not be evaluated by the Government.

*Manpower charts, table of contents, cover pages, glossary for abbreviations, section dividers, and indices are excluded from the page count, if applicable.

2. PROPOSAL FILES

The following additional restrictions apply:

File Packaging. The attachment size limit for U.S. Government email addresses is 5MB. If attachments exceed that size, an Offeror may submit its proposal via separate emails. When submitting via separate emails, the Offeror shall number the emails (e.g. 1 of 4, 2 of 4, etc.)

to confirm that all parts are submitted and received. Alternatively, an Offeror may email the Contract Specialist to request a “Drop Off” via DoD Safe. Files shall be in read-only format, using PDF files with the exception of any price breakdown information. All price breakdown information to aide in the price evaluation shall be submitted in Microsoft Office Excel Read/Write format and viewable in Microsoft Excel 2007 or later.

Content Requirement. All information shall be confined to the appropriate file. The offeror shall confine submissions to essential matters, sufficient to define the proposal in a concise manner, to permit a complete and accurate evaluation of each proposal. Each file of the proposal shall consist of a Summary Section, and the Narrative discussion. The Summary Section shall contain a brief abstract of the file. Proprietary information shall be clearly marked.

The Government will award a single contract on a Lowest Price Technically Acceptable (LPTA) basis pursuant to the award evaluation criteria stated in FAR clause 52.212-2. The Government intends to award a contract without discussions. Offerors are cautioned to examine this solicitation in its entirety and to ensure their proposal contains all necessary information, provides all required documentation, and is complete in all respects. Per FAR provision 52.212-1(g), the offerors initial proposal should contain the offerors best terms from a price and technical standpoint. The Government reserves the right to conduct discussions, if determined necessary by the Contracting Officer.

VOLUME 1 – TECHNICAL FACTOR

The Offeror shall submit a concise and detailed proposal for effective evaluation and for substantiating the validity of stated claims. Legibility, clarity and coherence are very important.

The technical submission should be specific and complete and be submitted within the parameters outlined in this solicitation. Your responses will be evaluated against the factors defined in Addendum to 52.212-2: Basis of Award, as outlined in this request. Address the requirements of the solicitation for meeting or exceeding the Government’s minimum performance or capability requirements of each factor, as they apply to the PWS. All the requirements specified in the solicitation are mandatory. By your proposal submission, you are representing that your company will perform all of the requirements specified in the solicitation.

Technical Experience:

a. The Offeror shall provide a detailed narrative that demonstrates the Offeror’s understanding of the overall scope of the contract, their experience of providing the services indicated in the PWS and how its work experience is relevant to the requirements in the solicitation. The narrative shall include a minimum of 2 and no more than 3 relevant experiences performed within the last five years. If more than 3 examples of relevant experiences are provided, the Government will only evaluate the first 3 provided in the narrative. Relevant experience is defined as experience that is similar in complexity, length of performance, type of work, and value as the work specified by this solicitation.

b. The Offeror shall provide a narrative that explains the process for recruiting and maintaining technicians with DIN EN 50678/EN 50699 certifications and for providing a senior or master skilled technician to oversee hired technicians after recruitment.

VOLUME 2 – PRICE

This volume shall consist of all information, required to support proposed prices. Other than certified cost and pricing data are not currently required; however, the Government reserves the right to request such data prior to award. There are no page limitations for this volume. Pricing information shall be in this volume only.

The offer shall contain the proposed Unit Price and Total Line Item amount. Proposals submitted in response to this RFP will be in terms of EURO or DOLLARS. Offers received in other than EURO or Dollars will be rejected. See clause 52.225-17 for rate used for evaluation. If contract is awarded to an American company, award will be in USD. Proposals shall be provided with only 2-digits after the decimal point. Prices provided shall be fully loaded, inclusive of all fees, overheads, G&A, insurance, profits, or any other markups.

The prices in the proposal shall not include taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor’s government in accordance with DFARS 252.229-7001, Alt. I, which is incorporated in full text in this solicitation. Noncompliance with DFARS 252.229-7001, Alt. I, may be a cause for the proposal to not be considered for award.

VOLUME 3 – SOLICITATIONS, OFFER AND AWARD DOCUMENTS AND

CERTIFICATIONS/REPRESENTATIONS

Certifications and Representations – Each offeror shall complete (fill-in and signatures) the solicitation sections indicated below using the file (without modification to the file) provided with the RFP. An authorized official of the firm shall sign the offer and all certifications requiring original signature. An Acrobat PDF file shall be created to capture the signatures for submission.

All Offerors must complete the following provisions/clauses as part of their proposal submission:

- - FAR 52.204-24 – Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (It is not required to complete 52.204-24 if the offeror has answered *does not* for the representations in provision 52.204-26 of its annual Representations and Certifications at SAM.gov or has answered *does not* in the representations found at paragraph (v) of 52.212-3 Alt I.)

- FAR 52.204-26 Covered Telecommunications Equipment or Services Representation

- FAR52.209-5 Certification Regarding Responsibility Matters (AUG 2020)

- FAR 52.209-11 - Representation by Corporation Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

- FAR 52.212-3 Alt I – Offeror Representations and Certifications-Commercial Items DFARS.

For 52.212-3 Alt I, if the annual Representations and Certifications at SAM.gov have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation and there are no exceptions, then complete paragraph (b)(2) by stating “No Exceptions.” Otherwise complete 52.212-3 Alt I as instructed.

- DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation (DEC 2019)

- DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services – Representation (MAY 2021)

- DFARS 252.229-7001 ALT I- Tax Relief

For provisions completed by the offeror electronically as part of its annual representations and certifications, the contracting officer will consider that information instead of requiring the offeror to complete and submit those provisions. For those provisions and clauses that have not been completed electronically, the offeror must submit them with the offer, or in the specific case of FAR 52.222-56, with the offer or prior to award.

Army Contract Writing System (ACWS) Transition Information for Offerors

a. The Army Contracting Enterprise (ACE) is in the process of deploying new solicitation and contract writing software to Army contracting offices worldwide. Known as the Army Contract Writing System (ACWS), this modern software suite will soon replace most existing Army contract writing systems, including the system used to create and release this Solicitation.

b. During this transition period, Offerors are hereby advised:

1. The Contracting Office may use any combination of contract writing systems to create and release documents related to this solicitation (e.g. solicitation amendments and awards, if any). Due to this:

i. This solicitation may contain different offer submission instructions than other solicitations released by the same Contracting Office (e.g. requiring offer submission via the PIEE Solicitation Module vs. e-mail). Offerors should review all offer submission instructions contained in the solicitation documents and direct any questions or concerns to the Contract Specialist or Contracting Officer.

ii. If the Contracting Office switches contract writing systems prior to award, documents you receive from the Contracting Officer or view on SAM.gov or other forums may appear noticeably different than the initial solicitation or previous solicitations or awards from the same Contracting Office. This is normal and expected.

iii. A change between contract writing systems may cause important information concerning solicitation response (amendments) or accepted terms (awards) to take on different formatting or appear in different parts of later documents issued.

Offerors shall review all documents carefully to locate this important information and direct any questions or concerns to the Contract Specialist or Contracting Officer.

2. The Government does not intend to use the transition between contract writing systems to effect any changes to solicitation or award terms and conditions without accompanying document narratives explicitly stating such changes are deliberate and desired. While the Contract Specialist and Contracting Officer will take care to minimize or eliminate any inadvertent changes when adapting to the new contract writing software, you, as the Offeror, may still be the first to spot such errors. Therefore, Offerors shall:

i. Notify the Contracting Officer immediately if any observed changes, removals, or additions affect your award eligibility, violate or alter existing proposal terms, or could affect Contract performance post-award.

ii. Take special care to ensure all fill-in Clauses are populated and remain populated across documents received from the Contracting Office throughout the Solicitation and Award process.

iii. Contact the Contracting Officer listed on the first page of the solicitation or solicitation amendment for guidance if you notice or suspect any inadvertent change has occurred between document issuances.

3. The Contracting Officer will correct problems affecting award documents (if any) via bilateral modification, at no cost to the Contractor. Any such modification will reconcile the award with the latest version of this solicitation reflecting deliberate action by the Contracting Officer (e.g. the first issuance if no amendments, or the latest amendment with accompanying narratives), inclusive of any documented pre-award negotiations or accepted supplemental offer terms.

4. In the unlikely event a network disruption, contract writing system error, or financial system error threatens timely award of the requirement set forth in this solicitation, the Contracting Officer:

i. May elect to use alternative mechanisms to obligate funds and allow work or deliveries to legally begin to the benefit of, and with legal protection for, both parties.

ii. Will incorporate the latest version of this Solicitation into such mechanisms to serve as a framework for contract execution until any such system problems are resolved.

iii. Will ensure any action taken does not conflict with the stated offer evaluation and award methodology of this requirement.

iv. Will issue a complete, properly-formatted award accurately reflecting this requirement and all applicable terms and conditions once systems return to normal.

52.212-2 Evaluation - Commercial Items NOV 2021

CLAUSE(S) 52.212-2 - ADDENDUM

BASIS FOR AWARD

The Government will award one contract award from this solicitation. The award will be made to the lowest price technically acceptable proposal. Proposals will be evaluated for technical acceptability but will not be ranked using non-price Factors (and Subfactors). In order for an Offeror to be considered for award, the proposal must receive an “Acceptable” rating in every non-price Factor. A proposal receiving a rating of “Unacceptable” in any non-price Factor will not be eligible for award.

A. EVALUATION APPROACH

Award will be made to the offeror whose proposal is the lowest price technically acceptable proposal. The following evaluation factors will be used to evaluate each proposal:

1. TECHNICAL FACTOR

In order to be considered for award, the proposal must receive an Acceptable rating for the Technical Factor in accordance with FAR 15.101-2. Proposals rated as Unacceptable for the Technical Factor will be eliminated from further consideration for award.

Acceptable and Unacceptable ratings are defined in the table below:

TECHNICAL RATINGS

Rating Definition Acceptable Proposal clearly meets the minimum requirements of the

Solicitation.

Unacceptable Proposal clearly does not meet the minimum requirements of the solicitation.

Failure to satisfy the requirements specified in the RFP may cause the entire proposal to be found to be unacceptable. Each subfactor will be evaluated based on the following:

Technical Experience

a. To be deemed acceptable, the proposal clearly demonstrates that the Offeror has the required relevant experience providing Equipment or Appliance Repair Services within Europe within the past five years that meets the size and scope requirements specified in the Addendum to FAR 52.212-1. Examples of experience must be for contract performance within Europe. Contracts performed outside of Europe will not count as examples of relevant experience. Contracts may be with the U.S. Government, the Host Nation Governments (to include state and local governments), or with commercial customers. Contracts with performance within the past five years, to include currently active contracts, will be considered regardless of the performance start date or completion date. Contracts indicating relevant experience greater than five years from the date in

Block 8 of the solicitation will not be considered. Proposals that do not demonstrate the required relevant experience will be rated as unacceptable.

b. The proposal will be evaluated based on the offeror’s ability to explain their process for recruiting and maintaining technicians with DIN EN 50678/EN 50699 certifications and for providing a senior or master skilled technician to oversee hired technicians after recruitment. Specifically, the proposal will be evaluated to determine if the offeror understands how to recruit for DIN EN 50678/EN 50699 certifications and maintain technicians with this certification. Proposals that do not demonstrate the offeror’s understanding and process will be rated as unacceptable.

2. PRICE FACTOR

The Government will review the pricing submissions for completeness and compliance with the instructions provided in 52.212-1. Incomplete price submissions will not be evaluated and the proposal may be eliminated from the competition. Price will not be scored or rated. Adequate competition normally establishes a price as fair and reasonable.

If adequate competition is not achieved, the solicitation may be cancelled and resolicited in accordance with DFARS 252.215-7007 or the contracting officer may request pricing data in accordance with DFARS 252.215-7008 so that analytical techniques and procedures described in FAR 15.404-1 may be used, singly or in combination with others, to ensure that the final price is fair and reasonable.

a. The Total Evaluated Price (TEP) will be the sum of all Line Items to include the Base Period total; the four 12-month Option Periods total; and the 6-month Option to Extend Services per 52.217-8 total (as described in the next paragraph). The TEP will be used to determine the lowest priced proposal. Offerors shall propose amounts for all Line Items to include Unit price and Total Line Item Amount.

b. Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the base period. The Offeror will not be required to submit pricing for the six-month extension of services possible under FAR Clause 52.217-8. To evaluate price for the option period(s) possible under FAR 52.217-8, the Government will calculate this price by dividing the proposed total of Option Year Four by two. The total evaluated price will be calculated as a sum of the Offeror’s proposed prices for all Line Items, including Optional Line Items, for the base period plus the four option periods, and a six-month extension of services. NOTE: Evaluation of options shall not obligate the Government to exercise such options or optional Line Items.

c. The resulting award will be a Firm-Fixed Price contract. The Government will evaluate for completeness, unbalanced pricing and price reasonableness for this effort in accordance with the price analysis techniques described in FAR 15.404-1. The evaluation of price will be based on a proposed price submitted by the offeror(s). All offeror’s pricing shall be evaluated by the Source Selection Team (SST) to determine the price being provided is a fair and reasonable price. The price will be evaluated after determination of the technical acceptability of the offerors non- price factors.

d. As part of the price evaluation, the Government will NOT evaluate for price realism and the Government will NOT consider Price risk as described at DFARS 252.204-7024, Notice on the Use of the Supplier Performance Risk System.

(b) 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.

3. SUPPLIER PERFORMANCE RISK SYSTEM (SPRS) ASSESTMENTS FACTOR

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, as supplemented by this criteria. 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 DFARS 252.204-7024. To be eligible for award, the offeror must be considered Acceptable under this Factor. Offerors without a Supplier Risk assessment in SPRS shall be deemed Acceptable under this factor.

Supplier Risk.

[Note: the Supplier Risk Report is accessed using the Offeror’s cage code. The report assigns an overall risk score using the following legend:

SUPPLIER COLOR LEGEND

Blue: Top 5%

Purple:

Next 10%

Green:

Next 70%

Yellow:

Next 10%

Red:

Lowest 5%

Grey: Excluded

Black: No Score SPRS updates on a daily basis.]

Using the SPRS Supplier Risk Report, Offerors will be rated on the basis of the following definitions:

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.

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

Commercial Services

NOV 2023

52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.217-5 Evaluation Of Options JUL 1990 52.222-29 Notification Of Visa Denial APR 2015 52.222-56 Certification Regarding Trafficking in Persons Compliance

Plan.

OCT 2020

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals -- Representation.

DEC 2016

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 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-39 Unenforceability of Unauthorized Obligations JUN 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

52.237-3 Continuity Of Services JAN 1991 52.245-9 Use And Charges APR 2012 52.252-5 Authorized Deviations In Provisions NOV 2020 52.252-6 Authorized Deviations In Clauses NOV 2020 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 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7000 Disclosure Of Information OCT 2016 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

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

JAN 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

MAY 2024

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

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7023 Reporting Requirements for Contracted Services. JUL 2021

252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.205-7000 Provision Of Information To Cooperative Agreement Holders JUN 2023 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.215-7007 Notice of Intent to Resolicit JUN 2012 252.215-7008 Only One Offer DEC 2022 252.215-7012 Requirements for Submission of Proposals via Electronic

Media.

JAN 2018

252.215-7016 Notification to Offerors--Postaward Debriefings DEC 2022 252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements JAN 2023 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7005 Identification Of Expenditures In The United States JUN 2005 252.225-7012 Preference For Certain Domestic Commodities APR 2022 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

252.225-7057 Preaward Disclosure of Employment of Individuals Who Work in the People's Republic of China

AUG 2022

252.225-7058 Postaward Disclosure of Employment of Individuals Who Work in the People's Republic of China

JAN 2023

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation

JUN 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region

JUN 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

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System

JAN 2023

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

CLAUSES INCORPORATED BY FULL TEXT

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

52.204-20 Predecessor of Offeror (AUG 2020)

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

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

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…