B08_W912CM24R0006_RFP_Conformed Copy 0002.pdf

SEE ADDENDUM

(No Collect Calls)

W912CM24R0006 08-Jul-2024

b. TELEPHONE NUMBER

+49 611143 546 6722

8. OFFER DUE DATE/LOCAL TIME

11:30 AM 09 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

TAGU, NANCY N.

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

0012096333

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

KONRAD-ADENAUER-RING 39, BLDG. 5301

65187 WIESBADEN

GERMANY

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 WK4UT1 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

0007 HQ HQ USAREUR AUG

USAREUR, G-1

UNIT 29351

09005 APO

UNITED STATES

TEL: 049-6372-8423728 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$47,000,000

NAICS:

722310

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF82

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.

W912CM24R0006

Section SF 30 - BLOCK 14 CONTINUATION PAGE

AMENDMENT 0002 Q&A

Question 1: Given the number of questions we have pending clarification and the fact that this solicitation contains new requirements, we respectfully request that the Government extend the current proposal deadline.

Answer: At this time, based on questions received, do not warrant extending proposal due date.

Question 2: Solicitation, Factor 3 – Property Management Plan, end of the Factor 3 Section.

The offeror shall submit the following information with their offers:

a. A list or description of all Government Property that the offeror or its subcontractors propose to use on a rent-free basis. This list shall identify the accountable contract under which the property is held and the authorization for its use (from the Contracting Officer having cognizance of the property) (written advance notifications shall accompany this submittal);

- The dates during which the property will be available for use (including the first, last, and all intervening months) and, for any property that will be used concurrently in performing two or more contracts, the amounts of the respective uses in sufficient detail to support prorating the rent;

- The amount of rent that would otherwise be charged in accordance with FAR 52.245-9 Uses and Charges (written rental equivalent appraisals shall accompany this submittal within the Price Volume).

- If the offeror will not be utilizing Government Property from other contracts, provide a statement to that effect.

At the site visit, it was stated several times that the Government would be providing all necessary property required to prepare and serve meals, including kitchen utensils, equipment, and cookware, etc. Given that statement:

Question:

Please clarify which Government Property would be specifically identified by the offeror that would be used on a rent-free basis?

Would this include all of the equipment described during the site visit that the Government would provide?

Does the Excel Spreadsheet which was supplied with the draft solicitation include all of the equipment as described on the site visit that the government shall provide to the contractor?

Answer:

The quoted language is directed at any Government Furnished Property (GFP) provided under a different Government contract that the contractor intends to use on this Government contract. That language does not apply to the Government property listed in Attachment 0002. All of the Government property listed in Attachment 2 is accountable property and subject to all of the contract’s applicable terms and conditions, to include clause 52.245-1.

The term “Rent-free basis”, does not apply to any equipment that will be provided to the Contractor to perform this contract.

Attachment 2 includes all GFP that the Gov’t will provide. The Government will also provide all standard kitchen equipment to support the daily operations of the facility, herein reference as Government Furnished Equipment.

Question 3. PWS 5.2.8 Pest Management. The Contractor shall conduct effective integrated pest management service IAW Tri Service Food Code TB MED 530 and DPW procedures for monthly checks.

Under the referenced Tri Service Food Code TB MED 530, what responsibilities does the contract have with regard to pest control; specifically;

Is the Contractor responsible for providing pesticides, or will it be the government's responsibility?

Will the contractor be responsible for providing rodent bait stations or just for the inspection

How is pest control currently regulated?

Answer:

The Government is responsible for providing pesticides.

The Contractor will be responsible for inspections, the Government will provide rodent bait stations.

Pest Control is regulated through Contractor weekly inspections of the facility. If pests are identified, the Contractor will communicate to the COR. The COR and FPM will communicate with DPW to remove pest issues. In addition, Government Preventive Medicine personnel have a scheduled monthly inspection to assess the facility for pest.

Question 4: Are drinking water tests carried out? If so, how often?

Answer: Yes, it is part of the Government Preventive Medicine inspection conducted monthly. Inspection may be conducted quarterly if no issues are identified.

Question 5: During the phase-in period, will all of the equipment and facilities being turned over to the new contractor be thoroughly cleaned and will all preventive maintenance actions up to date for all equipment?

Answer: Yes, the Government will facilitate hand-over of equipment.

Question 6: Does equipment have to be taken over by the current operator or does everything on site belong to the US Army?

Answer: All equipment is owned by the U.S. Government.

Question 7: What modernization projects to improve the facilities are planned and by when?

Answer: Modernization of the facility is currently being discussed, no decisions have been made as to what and when this will occur.

Question 8: What is the government’s assessment of the general condition of the building and the kitchen?

Answer: Due to age, the building and kitchen, requires continuous maintenance. DFAC works closely with DPW to ensure the facility is in operable condition.

Question 9: PWS 5.1.7.2, Food Preparation and Handling Training: Will the Government provide all training requirements specified in the PWS? Will they all be web-based or at Clay Kaserne?

Answer: Yes, the Gov’t will provide this training. Training can be either web-based or Clay Kaserne and dependent on availability of training.

Question 10: Which German inspection authorities can access the site (food preparation standards, food inspection, etc.) and which German food safety laws are applicable?

Answer: No, German inspections authorities cannot access site. The Government utilizes their own inspection authority to conduct inspections. German food safety laws are not applicable to this requirement, the applicable policy that covers this acquisition is TB MED 530 (Tri-Service Food Code).

Question 11: Can an existing on-base cleaning service provider be contracted for cleaning work clothes?

Answer: This is the Contractor’s business decision on how they will meet the requirements of PWS 4.3.

Question 12: Please confirm the government will and is responsible for providing waste disposal services from the facility.

Answer: Yes, the Government is responsible for providing waste disposal service. The Contractor will be responsible for separating and disposing waste into proper containers co-located with the facility.

AMENDMENT 0001

Question 1: Is there an incumbent for this position? If so, can the Government share the contract number?

Answer: At this location, the U.S. Government is currently receiving dining facility support services under a task order (W564KV-23-F-0182) issued against Contract Number W564-KV-20-D-0001.

Question 2: If there is an incumbent, is there an incumbent contractor employee whom the awardee should consider for “right of first refusal” (i.e. Nondisplacement of Qualified Workers Under Service Contracts)?

Answer: Please see the answer to question 1 above.

To the extent this question is inquiring into the applicability of Executive Order (E.O.) 14055 to this contracting opportunity, please note that this contract is not covered by the Service Contract Labor Standards (formerly known as the Service Contract Act of 1965), 41 U.S.C. 6701 et seq.

To the extent, this question is inquiring about host nation law, the U.S. Government takes no position on the applicability of any “rights of first refusal” under host nation law to this requirement. Specifically, the U.S.

Government takes no position with regards to the applicability of BGB 613a (German Civil Code) to this requirement or any part thereof. It is the sole responsibility of each offeror to determine the applicability of the BGB 613a as it relates to this requirement or any part thereof.

Question 3: If quoting in Euros, what is the conversation rate the Government will use?

Answer: Please see provision 52.225-17, Evaluation of Foreign Currency Offers, on p.67 of the Solicitation.

This provision explains the exchange rate that the U.S. Government will use to evaluate offers if it receives offers in more than one currency. This rate, however, is only utilized for evaluation. The U.S. Government will award the contract in the currency of the winning proposal (i.e., U.S. Dollars ($) or Euros (€)). See also the answer to question 4 below.

Question 4: Given the recent rapid changes in the Euro/Dollar exchange rate, when and how often will the government adjust the conversion rate?

Answer: The Solicitation allows offerors to price their proposals in U.S. Dollars ($) or Euros (€). See e.g., Solicitation, p.10. The awarded contract will use the currency of the winning proposal. Therefore, if the contract is awarded in U.S. Dollars, the U.S. Government will pay subsequent invoices in U.S. Dollars. If the contract is awarded in Euros, the U.S. Government will pay subsequent invoices in Euros. In other words, the exchange rate and exchange rate variation will have no impact on the future contract payments. The U.S.

Government will pay invoices consistent with the contract’s prices using the contract’s denoted currency.

Question 5: CLIN 0002 of the RFP Lists “repair and utilities” as part of the restaurant operations, but the PWS states only that the contractor is responsible for documenting/reporting needed repairs and ensuring utilities are not used in a wasteful manner. Can the Government please clarify what the “repair and utilities” aspect of this CLIN entails or consider revising the CLIN to exclude this wording?

Answer: Repair and Utilities is part of the “system” in operating the restaurant. Refer to PWS Section 3.6 Utilities & 3.7 Facility Repairs. The Contractor is not responsible for any of the cost to repair Government Furnished Property.

Question 6: RFP, Subfactor I, Property Management Plan (PMP) plan must include: A list or description of all Government Property that the offeror or its subcontractors propose to use on a rent-free basis. This list shall identify the accountable contract under which the property is held and the authorization for its use (from the Contracting Officer having cognizance of the property) (written advance notifications shall accompany this submittal); and the amount of rent that would otherwise be charged in accordance with FAR 52.245-9 Uses and Charges (written rental equivalent appraisals shall accompany this submittal within the Price Volume).

Is the file “A03_GFP_Wiesbaden+DFAC_MAY24_Attachment+0002” included with the RFP to serve as the list of all Government Property that the contractor can expect to use on a “rent-free” basis? If so, are all items on this list accountable property as part of the current RFP? How would the contractor be able to establish rental equivalents for all items, for example #60, vegetable peeler?

Answer: The quoted language is directed at any Government Furnished Property provided under a different Government contract that the contractor intends to use on this Government contract. That language does not apply to the Government property listed in Attachment 0002. All of the Government property listed in

Attachment 2 is accountable property and subject to all of the contract’s applicable terms and conditions, to include clause 52.245-1.

Question 7: Attachment 2: A03_GFP_Wiesbaden+DFAC_MAY24_Attachment+0002 lists serially managed inventory items, mainly appliances. RFP Part 3, Gov’t Property & Services, does not provide further inventory items.

Part 4, Contractor Supplied Items, states “4.1 General: The Contractor shall furnish all supplies, equipment and services to support the personnel that are required to perform work under this contract that are not listed under Section 3 of this PWS.”

Neither the inventory attachment nor the RFP indicate that the Gov’t facility will provide the serving dishes, pots and pans, knives, cutlery, cutting boards, mixing bowls, utensils, etc. that are required to provide these services. Can the Government please clarify if the contractor is expected to provide these items?

Answer: The Gov’t provides all standard kitchen equipment to support the daily operations of the facility.

Any special equipment that a Contractor may desire will be the responsibility of the Contractor to provide, Question 8: PWS 1.10.1: Project manager Two (2) year experience using Army Automated Food Management Systems (AFMIS) within the past five (5) years, from the date of close of solicitation. Have a current Food Protection Manager certification as defined in Tri Service Food Code TB Med 530 para 2-102.20.

If a candidate for the Project Manager position possessed diplomas and certificates issued by educational institutions and governing bodies in Germany, which were similar to or exceeded the requirements outlined in Tri Services Food Code TB Med 530 para 2-102.0, or worked with an extensive food services IT system in a similar institutional environment, could this experience/certification be used as an equivalent to the requirement with experience with the AFMIS system.

Answer: The Government will accept equivalency in education if it meets or exceeds requirements outlined in Tri Services Food Code TB Med 530 para 2-102.0 and is approved pursuant to the requirements of Tri-Service Food Code TB Med 530.

Equivalency for experience with AFMIS system will be accepted if individual has worked extensively on food services IT system in a similar institutional environment.

If a host nation equivalent certification/diploma is provided, will it fulfill the Food Protection Manager certification requirement as defined in the Tri-Service Food Code TB Med 530, para 2-102.20?

Answer: Tri Service food code is specific as to acceptable resources recognized as authorized for this certification. Per TB MED “Other comprehensive courses in food safety must be approved by a military Component’s designated medical proponent for food safety or Medical Support Agency such as the organizations specified in Subparagraph 1-8b(1) of this publication, to determine is the equivalent certification is acceptable.

Question 9: 5.1.24 Nutrition Information: The contractor shall post the G4G color-coded nutritional value of each item on the menu to promote healthy food choices in accordance with G4G labeling system coding standards IAW AR 30-22. Color coded cards can be downloaded at https://hprc-online.org/.

Is the contractor responsible for printing/production of these posters?

Answer: The contractor is responsible for the printing and production of these posters; in addition, the Gov’t will provide all required material and access to printing equipment necessary to produce and print these posters.

Question 10: PWS 5.1.25: Post Menus with caloric values: The contractor shall ensure outside menus are properly maintained and conspicuously posted where all diners can read it before or upon entering the warrior restaurant. The menu for the following day will be posted before serving the last meal of the day. The outside shall correspond to the production schedule.

Is the contractor responsible for printing/production of these menus?

Answer: The contractor is responsible for the printing and production of menus; in addition, the Gov’t will provide all required material and access to printing equipment necessary to produce and print menus.

Question 11: PWS 5.2.5: Dining Room Service area: g. Display and remove holiday decorations.

Government/Contractor furnished decorations are displayed on the day of the Army’s birthday and 1-week prior to Thanksgiving and Christmas. Contractor will remove all applicable decorations within 96 hours after the Thanksgiving, Christmas and Army’s birthday holidays.

What holiday decorations is the contractor expected to provide? Does the Gov’t provide most decorations and provide a storage area for these?

Answer: The Food Program Manager (FPM) will work with the contractor to identify decorations/quantities required. The Gov’t will provide all decorations and storage area to store decorations.

Question 12: 5.5 Uniforms: Aprons shall not be worn while serving food.; 5.5.4: Aprons are listed as required attire Can the Gov’t clarify when/what positions wear an apron Answer: Food service workers shall wear an apron while preparing food. During meal service employees serving the meal shall not wear an apron. DFA shall wear aprons while performing specific duties e.g.

washing pots and pans.

Question 13: 1.16 Contractor Travel: Contractor Warrior Restaurant Manager shall be required to attend the annual food show and FSMB held in Kaiserslautern, Germany, for the one-day event. Contractor travel expenses will be included in firm fixed price of contract. Failure to attend the FSMB will result in a Non-Conformance Report from the COR or Contracting Officer.

Should this travel to attend the annual food show and FSMB in Kaiserslautern, Germany, and also include the alternate manager? Would the Government consider a separate travel CLIN for this purpose?

Answer: Only one, either the primary or alternate is required to attend the food show. No separate CLIN will be added for travel.

Question 14: 52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award an IDIQ resulting from this solicitation to the lowest price technically acceptable (LPTA) responsible offeror whose offer conforming to the solicitation in accordance with FAR 15.

Would the government consider revising its evaluation criteria to Best Value, encouraging contractors to propose a proactive approach to reducing employee turnover? This change would enhance the quality, reliability, and sustainability of the food service operations especially in a high-tempo, ever-growing customer count setting.

Answer: No, evaluation criteria will remain LPTA.

Regarding the Dining Room attendants who are government employees. Can you provide their GS pay scale or equivalent?

Answer: GS Pay scale or equivalent will not be provided.

Question 15: Regarding PWS sections 1.10.1 (Project Manager) and 1.10.2 (Warrior Restaurant Manager and Alternate Warrior Restaurant Manager), we seek clarification on the following points:

Can the government confirm if these are two distinct positions that are not intended to be dual-hatted?

Answer: These are two distinct positions.

Can the government confirm that the minimum qualifications for both positions are the same?

Answer: Qualifications of the Project Manager and the Warrior Restaurant Manager are similar but not the same.

Question 16: Regarding PWS 7.3 Technical Exhibit 3: Estimated Workload Data, we have the following questions:

How many days per month will Midnight Meal Service be provided?

Answer: The Government anticipates, but does not contractually guarantee, ordering Midnight Meal Service every day of the month..

On average, how many Extended Meal Hours are there per day?

Answer: Estimated average is (1) hour of extended meal hours for BRK and DIN each day.

Is the term "Extended Meal Hours" cited in PWS 7.3 equivalent to "Expanded Service" as defined for CLIN 0006?

Answer: Yes.

Question 17: Provide clarification on the structure of CLINs as described in the solicitation:

The first 350 meals per day fall under CLIN 0002 (FFP); The next 850 meals are billed at an FFP rate under CLIN 0004; and any meals exceeding 1,200 daily (CLIN 0002 + CLIN 0004) are invoiced under CLIN 0005, up to a maximum of 2,450 total meals per day?

Answer: Yes, the maximum total meals is 2,450.

If more than 350 but fewer than 850 meals are served daily, the Government is invoiced under CLINs 0002 and 0004;

and if the total number of meals is between 850 and 1,250, the contractor would invoice an amount equal to the sum of CLIN 0002 and CLIN 0005?

Answer: No, the Contractor will need to invoice for CLIN 0002, 0004 & 0005.

Are the CLINs binary or stacked?

Answer: The Government is not certain how the offeror is using these terms in this context. However, the Government believes that the previous two answers address the intent of this question.

Question 18: In accordance with Germany's labor law 613(a) and the associated case law, any company assuming an existing labor contract on a U.S. services contract in Germany is required to offer the incumbent workforce their current positions from the preceding contract. To ensure compliance with these regulations, could you kindly provide the number of employees for each labor category description along with their current rate of pay?

Answer: The U.S. Government does not possess this information. Please also see the answers to questions 1 and 2.

Question 19: Is there a Works Council in place for the current contract?

Answer: The U.S. Government does not possess this information.

Question 20: Would you kindly let us know the estimated expected cooks/servers and or FTEs in General?

Answer: The Government will not provide the current number of employees. This effort is a Performance Based Services Acquisition in which contractors have the latitude to determine how to meet the objectives.

Question 21: Will flatware (eating utensils, plates) be GFE or contractor supplied? If Contractor supplied, are there estimated amounts already being utilized?

Answer: This will be GFE

Question 22: Same as above with Cooking/preparing & serving utensils. If GFE will this be added to the GFE listing?

Answer: This will be GFE, there is no GFE list for this contract.

Question 23: Will special food waste bins/containers be provided under another contract? 5.2.4 (i) does mention used grease and oil are disposed in proper Government provided containers.

Answer: Yes, this is GFE.

Question 24: Subfactor 2 – Key Personnel The offeror shall attest in writing the Project Manager and Alternate Project Manager meet the following experience requirements:

The offeror shall attest in writing the Warrior Restaurant Manager and Alternate Warrior Restaurant Manager meet the following experience requirements

As a part of proposal, offeror shall attest in writing the personnel meet qualification and experience requirements additional to that do offeror needed to submit key personnel CVs, with food protection manager certificates?

Answer: No, CV’s are not required.

Question 25: Item # 7500, 7501 & 7502 Contractor Manpower Reporting (CMR).

The Contractor shall Set up and report IAW Paragraph 5.8. of the PWS entitled Contractor Manpower Reporting (CMR). Note that reporting is due NLT 31 Oct after the completion of each fiscal year (Sept 30) or part of a fiscal year for which such contract is active. Final payment will not be processed until such time as the COR has verified completion of CMR reporting requirements.

There is no 5.8 of the PWS. Bidders understanding its 5.6 of the PWS, Enterprise-Wide Contractor Manpower Reporting Application (eCMRA): Please confirm.

Answer: RFP CLINs 7500, 7501 & 7502 Contractor Manpower Reporting (CMR) has been updated to reference 5.6 Contractor Manpower Reporting.

Question 26: PWS 5.6 Enterprise-Wide Contractor Manpower Reporting Application (eCMRA) website http://www.ecmra.mil/ has been de-commissioned. ECMRA has moved to SAM. Please confirm.

Answer: Yes, PWS Section 5.6 has been updated to reflect the updated website to www.sam.gov.

Question 27: Technical Exhibit 4 – Government Staffing Data. As per PWS technical exhibit 4, DFA’s headcount and further the site visit, it’s said DFA’s will support the contractor during the DFAC service.

At which level Gov. DFA’s will help the contractor during DFAC services. What service they will provide?

Answer: The Gov’t DFA staff with provide DFAC services support IAW with PWS Section 5 subject to limitations reference on Technical Exhibit 4, Government Staffing Data.

Section SF 1449 - CONTINUATION SHEET

ADDENDUM

Solicitation Addendum

IAW FAR 2.101-Definitions, Offer means a response to a solicitation that, if accepted, would bind the offeror to perform the resultant contract. Responses to invitations for bids (sealed bidding) are ”offers” called "bids" or "sealed bids"; responses to requests for proposals (negotiation) are ”offers” called "proposals"; however, responses to requests for quotations (simplified acquisition) are "quotations," not offers.

Addendum to provision 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services:

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

Paragraph (a) North American Industry Classification System (NAICS) code and small business size standard. This provision is amended to read: Small business size standard does not apply to this solicitation.

Paragraph (b) – Submission of offers NOTE: The date and time stated in the solicitation shall govern over any other systems to which it might be written (i.e., SAM). Proposals will NOT be picked up by RCO personnel at the Gate. Offerors are encouraged to submit proposals via email ONLY.

Courtesy Translation: Das Datum und die Uhrzeit, die in der Aufforderung angegeben sind, haben Vorrang vor allen anderen Systemen, in denen sie möglicherweise angegeben sind (z. B.

SAM). Die Angebot werden NICHT vom RCO-Personal an der Einfahrt abgeholt. Die Anbieter werden aufgefordert, ihre Vorschläge NUR per E-Mail einzureichen.

E-Mail Submissions shall be sent to all email addresses listed below:

1. Contract Specialist: Nancy Tagu at nancy.n.tagu.ln@army.mil

2. Contracting Officer: Eliza Lee at eliza.l.lee.civ@army.mil

3. RCO Wiesbaden Mailbox: usarmy.rheinland‐pfalz.409‐contr‐spt‐bde.mbx.rco‐wie‐ bids@army.mil

SUBJECT of e-mail shall be “Submission of proposal W912CM-24-R-0006”

NOTE:

(1) The size restriction for attachments to emails on the US Government server is 10 MB.

(2) Failure to submit to all email addresses may result in your proposal not being considered for award.

(3) Faxed and mailed (paper) proposals are not preferred; however, might be also accepted.

However, offerors must request the FAX number from the Contract Specialist and are responsible for ensuring that their proposal is actually received by this office.

(4) Proposals shall be submitted in English and sent in PDF format via email.

All questions regarding to this solicitation shall be submitted in writing via email to all email addresses listed above. The Government requests that questions to this solicitation shall be submitted by email to Nancy Tagu and Eliza Lee not later than July 15, 2024 at 10:00 CET to allow the Government sufficient time to respond prior to the closing date. If applicable, please identify the PWS/SOW paragraph number as reference to questions. Answers to questions will be posted to SAM website at https://www.SAM.gov at Contract Opportunities under the solicitation number. It is the offerors’ responsibility to monitor the web site for posting of amendments, answers to questions, and other instructions, if any.

INSTRUCTIONS FOR WRITTEN SUBMITTALS

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

Format and Content: Failure to submit the information requested below may result in the offeror’s proposal being technically unacceptable.

PRE-AWARD COMPLIANCE

The following must be provided/completed with the proposal:

SAM Registration (SAM.gov) Completed SF1449, blocks 12, 17a, 30a, 30b, and 30c with Signature to include

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

signed Amendments (if applicable) CLIN Price Schedule

1. The Offeror shall complete FAR 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services - Alternate I, incorporated in this solicitation.

The offeror shall complete only paragraph (b) of FAR 52.212-3, – Alt. I if the offeror has already 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 in SAM, then the offeror shall complete paragraphs (c) through (v) of FAR 52.212-3, Alt. I.

2. The offeror must complete all required representations, certifications, and clauses incorporated in this solicitation to include:

- FAR 52 .204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

- FAR 52.209-7, Information regarding Responsibility Matters

- FAR 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation

- DFARS 252.204-7016, Covered Defense Telecommunications Equipment or Services

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

- DFARS 252.229-7001, Tax Relief-Alternate I

3. In accordance with FAR 52.229-11, if the offeror represents it is a foreign person, then the offeror shall submit the IRS Form W-14 with its offer.

4. If identified as the apparently successful offeror for award, the offeror shall submit the certification required by FAR 52.222-56, Certification Regarding Trafficking in Persons Compliance Plan, prior to award. As an alternative, the offeror may submit the required certification with its offer.

5. 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.

6. NOTE on IRS Form W-14: As discussed in FAR 52.229-11 and FAR 52.229-12, the U.S.

Government may impose an excise tax on payments made to the contractor and collect the tax by withholding up to 2 percent of each payment due the contractor. If the offeror indicates it is a foreign person at FAR 52.229-11(d)(1), to claim exemption from this tax the Offeror should complete W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments. In accordance with various Agreements between the US Government and some governments such as those countries listed below, IRS Form W-14 is used to claim exemption from the tax. To claim exemption and avoid withholding, the IRS Form W-14 must be submitted with the offer and with every invoice submitted under the contract.

Under current guidelines, the following qualified income tax treaties cover all nationals of the treaty country and exempt all such nationals from the tax imposed by 26 U.S. Code § 5000C.

Note: the offeror is responsible for determining applicable exemptions, to include verifying the continued existence of the applicable tax treaty. For further information see https://www.irs.gov/government‐entities/excise‐tax‐on‐specified‐federal‐foreign‐procurement‐ payments

Austria Iceland Slovak Republic Bangladesh Italy Slovenia Belgium Jamaica South Africa Bulgaria Japan Spain Canada Latvia Sri Lanka Czech Republic Lithuania Sweden Denmark Luxembourg Switzerland Estonia Malta Turkey

Finland Mexico United Kingdom Germany Netherlands Venezuela Hungary Portugal

If the Offeror is claiming an exemption pursuant to a qualified income tax treaty as discussed above, the contractor should complete IRS Form W-14 with an appropriate statement in Part IV such as “The corporation is organized in [INSERT COUNTRY] with which the United States has a qualified income tax treaty that covers all nationals.” Note that it is the offeror’s responsibility to correctly execute IRS Form W-14 consistent with applicable law and IRS regulations.

The completion and submission to the Government of the above items will constitute the proposal. The proposal 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 agree to any of the terms and conditions of this solicitation or the offeror’s imposition of additional conditions or any material omission in its proposal may constitute a deficiency which will make the proposal unacceptable to the Government. The Government reserves the right to permit Offerors to revise their proposal if the Government thinks it is in its interest to do so.

This request does not commit the Government to pay any costs incurred in the preparation and submission of your proposal or in making any necessary studies for the preparation thereof, or for any visit the Contracting Officer may request for the purpose of clarification of the proposal or for preparation on negotiations.

Proposal Instructions regarding the Evaluation Criteria

FACTOR 1 – Technical The PWS describes the services that will be acquired through this solicitation. The technical volume shall consist of:

Subfactor 1 - Experience: Offeror shall submit the following experience with its proposal:

Offeror's Experience: The offer must include supporting documentation demonstrating that the offeror’s firm itself (without consideration of subcontractors, affiliates, or key personnel) has a minimum of one (1) year of relevant experience within the five (5) years preceding the issuance of this solicitation. Affiliate experience is excluded.

“Relevant” experience is defined as performance of efforts involving requirements that are similar or greater in: Scope (types of services identified and defined in the PWS requirements) and Magnitude of Effort (a contract or aggregated contracts (no more than three contracts) during the 5-year time period totaling at least $500,000 annually. At a minimum, an offeror shall provide the following information for each contract that it relies upon to meet the relevant professional experience requirements:

(a) Customer name;

(b) Contract number (if such a designation exists);

(c) A narrative explaining the requirement and how it is relevant to the requirements of this solicitation;

(d) Contract performance dates; and

(e) Total contract value.

Subfactor 2 – Key Personnel

Project Manager and Alternate Experience: The offeror shall attest in writing the Project Manager and Alternate Project Manager meet the following experience requirements:

A. Three (3) years’ experience as an assistant manager, or manager, of a United States Army DFAC or at least eight (8) years of progressive management, or assistant management, experience working in a food service operation providing complete meal service (breakfast, lunch, and dinner) in either a cafeteria style, or multi-entree operation, setting.

B. Two (2) year experience using automated food management systems within the past five

(5) years.

Note: Military food service experience in the pay grade of E-7 or above may be credited as management experience for both positions.

Warrior Restaurant Manager and Alternate Warrior Restaurant Manager Experience:

The offeror shall attest in writing the Warrior Restaurant Manager and Alternate Warrior Restaurant Manager meet the following experience requirements:

Two (2) years’ experience as an assistant manager, or manager, of a United States Army DFAC or at least eight (8) years of progressive management, or assistant management, experience working in a food service operation providing complete meal service (breakfast, lunch and dinner) in either a cafeteria style, or multi-entree operation, setting.

Two (2) years experience using automated food management systems within the past five (5) years.

Note: Military food service experience in the pay grade of E-7 or above may be credited as management experience for this position.

Factor 2 - Subcontracting:

The offeror shall provide with its proposal either:

A statement that all work performed under the contract shall be performed exclusively by the offeror, or

A list of proposed subcontractors, joint ventures, or other business partners that will provide work under the contract. The list must contain contact information and explain what work each party will perform under the contract. In addition, the offeror must provide a letter of intent from each party on the list demonstrating intent to subcontract, partner or otherwise work with the offeror in the performance of the contract. The letter must be written on that party’s letterhead and signed by an authorized representative. NOTE: Manufacturers are not considered Sub- Contractors. Note that subcontractor must perform at least 25% of work to be acceptable.

Factor 3 – Property Management Plan

Government Property (as defined in 52.245-1) will be utilized in the performance of this contract, the offeror is required to submit a Property Management Plan (PMP) with their proposal that is consistent with the requirements of the solicitation. If required, submit the PMP as a stand-alone Attachment to the offer in response to this solicitation and ensure the PMP addresses the following:

1. An overview description of the contractor’s Property Management System (PMS).

2. The purpose of the offeror’s PMS, specifying what laws, regulations, and/or instructions it complies with. Example: Are any FAR or DFARS clauses referenced.

3. Describe the scope of the assets that are applicable to the offeror’s PMS, how the offeror will manage different types of property in its possession (i.e. Government Property, Contractor Property, etc.)

4. How the following ten (10) outcomes of Government Property will be addressed in the contractor’s PMS. Requirements that are required by FAR 52.245-1(f):

1. Acquisition

2. Receipt of Government Property / Identification

3. Records

4. Physical Inventory

5. Subcontractor Control

6. Reports

7. Relief of Stewardship Responsibility and liability

8. Utilization (Utilize / Movement / Storage / Consumption)

9. Maintenance

10. Contract Close-Out (Property Close Out)

Plan to meet special solicitation requirements (e.g. Item Unique Identifying Device (IUID) or reporting) This is a competitive acquisition in which the contractor is responsible for all costs related to making Government Property available which includes payment of all transportation, installation, or rehabilitation costs.

5. Describe any additional standards (e.g., customary commercial practices, voluntary consensus standards, industry leading practices) that the contractor intends to use in the management of Government Property, and how they are applicable to the tasks being performed on the effort.

The offeror shall submit the following information with their offers:

A list or description of all Government Property that the offeror or its subcontractors propose to use on a rent-free basis. This list shall identify the accountable contract under which the property is held and the authorization for its use (from the Contracting Officer having cognizance of the property) (written advance notifications shall accompany this submittal);

- The dates during which the property will be available for use (including the first, last, and all intervening months) and, for any property that will be used concurrently in performing two or more contracts, the amounts of the respective uses in sufficient detail to support prorating the rent;

- The amount of rent that would otherwise be charged in accordance with FAR 52.245-9 Uses and Charges (written rental equivalent appraisals shall accompany this submittal within the Price Volume).

- If the offeror will not be utilizing Government Property from other contracts, provide a statement to that effect.

FACTOR 4 Supplier Performance Risk

The Government will consider Risk in accordance with the provision at 252.204-7024, Notice on the Use of the Supplier Performance Risk System (SPRS), 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.

FACTOR 5 - Price

Offerors shall complete and submit the “Schedule of Supplies/Services” for all contract line items, except those, where the Government will include prices.

Offerors shall enter the total price in U.S. Dollars ($) or Euros (€) for each line item. 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. Complete pricing for each CLIN or Sub-CLIN as required without taxes and duties for which the U.S.

Government is exempt and including all shipping charges, FOB Destination to Germany. Failure to do so may be a cause for the proposal to not be considered for award.

In the event there is a difference between a unit price and the total amount, the unit price will be held to be the intended proposal and the total of the CLIN will be recomputed accordingly.

US Companies are encouraged to provide US Dollar proposals only as otherwise serious payment problems may occur.

Paragraph (c) - Period for Acceptance of Proposals is changed to read: The offeror agrees to hold the prices in its proposal firm for 90 calendar days from the date specified for receipt of proposals.

Paragraph (f) Late submissions, modifications, revisions, and withdrawals of offers. Paragraph (f)(1) of this provision is amended to read: Offerors are responsible for submitting proposals, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation (See Blocks 8 & 9 on page 1). "Local Time" means Central European Time (or Central European Summer Time, as appropriate).

Paragraph (h) - Multiple awards: Only one contract award will be made.

Paragraph (i) - Availability of Requirements document cited does not apply to this solicitation.

Army Contract Writing System (ACWS) Transition Information for Offerors 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 quote/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…