W912CM24Q0005 P00007.pdf

0011920951

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this Amended is to eliminate c(3) and e(5) under Subfactor A.

As a result, ADDENDUM FAR 52.212-1 and ADDENDUM FAR 52.212-2 have been updated to ref lect those changes.

As a result, the Solicitation w as extended till 3 June 2024 at 10:00 am (CET).

1. CONTRACT ID CODE PAGE OF PAGES

J 1 9

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

16C. DATE SIGNED

BY 16-May-2024

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W912CM24Q0005

X 9B. DATED (SEE ITEM 11)

06-Mar-2024

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

16-May-2024

CODE

RCO WIESBADEN

KO DIRECTORATE OF CONTRACTING

KONRAD-ADENAUER-RING 39, BLDG. 5301

65187 WIESBADEN

GERMANY

W912CM 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912CM24Q0005

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 02-May-2024 03:00 PM to 03-Jun-2024 10:00 AM.

The following have been modified:

ADDENDUM TO FAR 52.212-1

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.

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 offeror's responsibility to ensure quotes are received timely.

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

1. Sebastian Gotzmer, Sebastian.Gotzmer.LN@army.mil

2. Andrew W. Green, andrew.w.green17.civ@army.mil

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

Subject of e-mail shall be “Submission of Quote W912CM24Q0005”. 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, offers shall be submitted via multiple emails with a clear identification: e.g., "Email 1 of 2”, "Email 2 of 2”, etc.

Failure to submit offer to ALL email addresses above may result in an offer NOT being considered for award.

Faxed and mailed offers 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 W912CM24Q0005”. The Government requests that you submit questions as soon as possible, but no later 10:00 AM, 22 April 2024. Questions received after this date and time, may 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 Offeror'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 discussions per FAR 52.212-1(g). Offeror 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 Offeror’s initial offer should contain the Offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to clarify quotes if later determined by the Contracting Officer to be necessary. 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.

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

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 Title Page Limitation I

1. “SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

ITEMS” shall be completed and signed by an official authorized to bind the Offeror. Acknowledge ALL Amendments, if any.

2. Representations and Certifications (if required):

a. Completed FAR 52.212-3 ALT I Offeror Representations and Certifications -- Commercial Items (Nov 2023)

b. DFARS 252.229-7001, TAX RELIEF - ALTERNATE I (APR 2020)

N/A

II

Factor I - Technical to include:

Subfactor A: Company Qualifications Subfactor B: Technical Experience (Reference Information Sheet – Attachment 3)

Maximum total 15 pages Cover pages and indexes are not included in the page count.

III

Factor II - Price

a. Completed copy of Attachment 2 – Price Book New Version

April 29,2024

b. Completed SF1449 Schedule Supplies/Services with prices filled-in for contract line items (CLINs) 0001, 0002, 0003, 0004, 0006, 1001, 1002, 1003, 1004, 1006, 2001, 2002, 2003, 2004, and 2006. Government will insert a not-to-exceed amount for CLIN's 0005, 1005 and 2005 at the time of award.

Do not price CLINs 0005, 1005 and 2005.

N/A

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

5.2.2 Content Requirements: All information shall be confined to the appropriate volume. The Government will not consider information found in other volumes. Offeror shall confine submissions to essential matters, sufficient to define the Quote and provide adequate basis for evaluation. Offeror 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 offeror 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 offeror shall complete FAR 52.212-3 ALT I Offeror Representations and Certifications -- Commercial Items (NOV 2023). Offerors registered in SAM need only complete paragraph b of the above clause, if applicable.

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 Offeror’s unconditional assent to the terms and conditions in this solicitation, including any attachments and documents incorporated by reference. The Offeror’s failure or refusal to assent to any of the terms and conditions of this solicitation or the Offeror’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 an offer will render the offer unacceptable. The Government reserves the right to permit Offeror 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 shall not exceed 15 pages single-spaced. Cover pages and indexes are not included in the page count. The PWS describes the services that will be acquired through this solicitation.

5.4.2 The technical volume shall consist of:

Subfactor A - Company Qualifications: The Offeror shall provide

a. The Contractor shall demonstrate the capability to provide fully qualified and trained personnel, capable of cleaning, maintaining, and repairing POL separator systems, water retention basins, and water plants in compliance with US Government Regulations, DIN Standards, VDE, - VDI Richtlinien, manufacturer’s specifications, equipment manufacturer manuals and the “Standards of the Industry”. All technicians performing services shall have at least three (3) years of working experience emptying and cleaning of grease and starch separators and septic tanks and disposal of contents. The offer shall provide a resume of at least one individual meeting these standards and confirm that the individual is currently employed by the company or provide a letter of commitment.

b. The Contractor shall be enlisted in the German IHK, or a similar organization, to ensure certification of transportation of hazardous wastes.

c. The Contractor shall provide Tuev inspection […] through an external qualified person Fachkundige (TUEV) or any other organization who has the certificate of Fachkunde (5 Jahres Pruefung nach DIN-EN 1825 1&2, 4040-100, 1610, 1986-30).”

d. The Contractor shall be certified as “Entsorgungsfachbetrieb” by German-Water-Law: WHG

e. The Contractor shall have certification of RAL-GZ

f. Evidence that the Company maintains water pollution liability insurance in accordance with the host nation water conservation law. The Contractor shall be liable for all damages, pollution, or harm to Government buildings, facilities, grounds, or personnel resulting from the performance of work under this contract. The Contractor shall maintain liability insurance in the following minimum amounts: For harm to persons: €2,000,000 Euro.

Subfactor B - Technical Experience: The Offeror shall submit

The Offer shall submit an individual Reference Information Sheet (Attachment 2) for three (3) reference contracts that are recent and relevant as defined below, that clearly demonstrates that the Offeror provided services relevant and recent to those required in the PWS of subject solicitation. All references shall describe experience in the primary areas of emptying, cleaning, inspection, repairing, transportation, and residual disposal of substances for Multiple Separator Systems. The Government may contact references to verify the accuracy of the information provided by the Offeror. The form is included in the solicitation.

“Recent” experience is considered as the efforts that are completed or ongoing during the past five (5) years.

“Relevant” experience means similarity to the work contemplated under this solicitation’s PWS in terms of complexity, scope, type of work, and magnitude (minimum of Euro 100,000.00 per contract 4. Magnitude threshold of EUR 100,000.00 is an aggregate of up to three (3) Reference Information Sheets). 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 Offerors shall utilize the Attachment 2 – Price Book New Version April 29,2024 to calculate pricing for each CLIN. In Attachment 2, the Offeror shall fill in the green-highlighted cells on each worksheet, and all other amounts will be automatically calculated. The Offeror will submit a completed copy of Price Book Attachment 1 with its Quote. Do not lock or protect the excel worksheet or submit them in pdf. It is not the Government’s intent to change any, entries, but to assist in calculations Offeror shall complete and submit the “Schedule of Supplies/Services” including the Grand Total Amount for contract line items (CLINs) 0001, 0002, 0003, 0004, 0006, 1001, 1002, 1003, 1004, 1006, 2001, 2002, 2003, 2004 and 2006. Do not price CLINs 0005, 1005 and 2005. The Government will insert a not-to-exceed amount for CLIN's 0005, 1005 and 2005 at the time of award.

(End of Addendum)

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

2021)

1. BASIS FOR AWARD

(a) The Government will award a single contract resulting from this solicitation to the lowest priced technically acceptable (LPTA) responsible offeror whose offer conforms to the solicitation in accordance with FAR 13.106. Offers that do not conform to the requirements of the solicitation may be rejected without further evaluation or discussions. The following factors shall be used to evaluate offers:

1. Factor I – Technical

a. Subfactor A: Company Qualifications

b. Subfactor B: Technical Experience

2. Factor II – Price

3. 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 a rating of “Unacceptable". The nonprice evaluation will consist only of determining the acceptability of each offer. Offers will not be ranked based on the acceptability evaluation.

(c) The Government intends to evaluate offers and award a contract without discussions. Therefore, each initial Quote should contain the offeror’s best terms from a price and technical standpoint. The Government reserves the right to conduct discussions if determined necessary by the Contracting Officer.

(d) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. This amount will be the total evaluated price. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option.

(e) 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.

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

2. EVALUATION APPROACH

2.1 Technical Factor and Subfactor Rating Definition:

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 Offeror’s understanding of the Government’s requirements to determine the likelihood that the offeror will be able to perform the contract successfully.

a. Subfactor A: Qualifications: This subfactor is met when the offeror clearly demonstrates the availability of qualified personnel, in order to perform the tasks set forth in the PWS, and that all personnel used to perform the contract are qualified in accordance with PWS paragraph 1.10. Additionally, the offeror shall provide:

1. The Contractor has provided a resume from at least one individual that is fully qualified and trained , capable of cleaning, maintaining, and repairing POL separator systems, water retention basins, and water plants in compliance with US Government Regulations, DIN Standards, VDE, - VDI Richtlinien, manufacturer’s specifications, equipment manufacturer manuals and the “Standards of the Industry”, and has at least three (3) years of working experience emptying and cleaning of grease and starch separators and septic tanks and disposal of contents and confirmed that the individual is currently employed by the company or provided a letter of commitment.

2. The Contractor shall be enlisted in the German IHK, or a similar organization, to ensure certification of transportation of hazardous wastes.

3. The Contractor shall provide Tuev inspection […] through an external qualified person

Fachkundige (TUEV) or any other organization who has the certificate of Fachkunde (5 Jahres Pruefung nach DIN-EN 1825 1&2, 4040-100, 1610, 1986-30).”

4. The Contractor shall be certified as “Entsorgungsfachbetrieb” by German-Water-Law:

WHG

5. The Contractor shall have certification of RAL-GZ

6. Evidence that the Company maintains water pollution liability insurance in accordance with the host nation water conservation law. The Contractor shall be liable for all damages, pollution, or harm to Government buildings, facilities, grounds, or personnel resulting from the performance of work under this contract. The Contractor shall maintain liability insurance in the following minimum amounts: For harm to persons: €2,000,000 Euro.

b. Subfactor B - Technical Experience: This subfactor is met when the quote has submitted an individual Reference Information Sheet (Attachment 2) for three (3) reference contracts that are recent and relevant as defined below, that clearly demonstrates that the Offeror has provided services relevant and recent to those required in the PWS. All references shall describe experience in the primary areas of emptying, cleaning, inspection, repairing, transportation, and residual disposal of substances for Multiple Separator Systems. 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 complexity, scope, type of work, and magnitude (minimum of Euro 100,000.00 per contract.

Magnitude threshold of EUR 100,000.00 is an aggregate of up to three (3) Reference Information Sheets). The Government is not bound by an Offeror's opinion of the relevance of its organizational experience.

Factor II Price a.. After determination of technical acceptability, each Quote will be evaluated and award made to the lowest Total Evaluated Price (TEP) Quote. The award will be based on lowest price determined to be reasonable, complete (all items are priced), and balanced. Offerors are required to price CLINs (0001, 0002, 0003, 0004, 0005, 0006, 1001, 1002, 1003, 1004, 1005, 1006, 2001, 2002, 2003, 2004, 2005 and 2006as listed in the schedule. Contractors shall complete the yellow fields in attachment F “Price Book” for the base and all option years. Each performance period constitutes the total estimated amount for the associated solicitation CLINs. Offerors must ensure there are no rounding errors to the nearest cent. The successful Offeror will be contractually bound to all proposed prices and rates.

b. Option. The Government will evaluate offers 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 an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

c. 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.

c. A written notice of award or acceptance of a quote, mailed or otherwise furnished to the successful quoter within the time for acceptance specified in the quote, shall result in a binding contract without further action by either party. Before the quote's specified expiration time, the Government may accept a quote (or part of a quote), whether or not there are negotiations after its receipt unless a written notice of withdrawal is received before award.

Factor III – Supplier Performance Risk System (SPRS)

The Government will consider Risk in accordance with the provision at 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.

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.

Supplier Performance Risk System (disa.mil)

(End of provision)

(End of Summary of Changes)