ADDENDA for W912CM-25-Q-A011 Amendment 0002.docx

Addendum to Provision 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES:

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

II. Paragraph (b) – Submission of offers

Primary:

kathleen.balon.civ@army.mil aaron.m.ritter.civ@army.mil

Secondary:

usarmy.rheinland-pfalz.409-contr-spt-bde.mbx.rco-wie-bids@army.mil

SUBJECT of e-mail shall be: “Submission of Offer W912CM-25-Q-A011”

Contract Specialist: Kathleen Balon

Offer Due Date: 5 JUN 2025 12:00 Noon (CET)

NOTE:

(1) "Local Time" means Central European Time or Central European Summer Time as applicable on the date the offers or revisions are due.

(2) The date and time stated in the solicitation shall govern over any other dates or times that might be written in other sources (i.e., SAM.gov)

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

(4) Email submission of the offer is mandatory. Failure to submit to all email addresses, identified above, may result in your offer not being considered for award.

(5) Offers should be submitted in English and sent in PDF format via email.

All questions regarding this solicitation shall be submitted in writing via email to all email addresses listed above. All questions shall be submitted no later than 15 calendar days after the issuance of the solicitation to allow the Government sufficient time to respond prior to the closing date. If applicable, please reference the PWS paragraph number relevant to questions. Answers to questions will be posted to SAM website at https://www.SAM.gov 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.

SITE VISIT

A one-time site visit for this requirement will be held:

DATE: 12 MAY 2025

TIME: 10:00 CET

LOCATION: Lucius D. Clay Kaserne 65205 Wiesbaden, Germany

Prospective contractors should visit the site to ascertain pertinent local conditions as prescribed by FAR clause 52.237-1 "SITE VISIT". Interested vendors shall inform Kathleen Balon, kathleen.balon.civ@army.mil of their intent to attend the site visit and include the full names of all attendees no later than 14:00 hrs. Central European Time (CET) on 9 MAY 2025. Only two (2) representatives from each vendor may attend the site visit.

Site visit attendees are required to be at the main gate of Clay Kaserne no later than 09:55 of the scheduled date. The meeting point for the site visit is the Visitors Center on the right side of the main entrance to Clay Kaserne. All attendees must present their identification card or passport and car registration to gain entry. Security guards may perform body search and/ or vehicle inspections.

Attendees are requested to submit any and all questions during or after the site visit in writing to the POCs above. All questions and answers will be provided to attendees and interested vendors on SAM.gov.

INSTRUCTION FOR WRITTEN SUBMITTALS:

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

Detailed Quote Instructions:

This paragraph provides detailed instructions for preparing the quote.

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

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 points. Use 1-inch margins on all sides of each page. Pages shall be numbered sequentially by volume in accordance with Table 1 below.

Table 1

· Element A – Certification / Qualifications: Certification(s)

· Element B – Technical Experience (Reference Information Sheet -- Attachment 4)

· Element C – Subcontracting Information.

· Element D – Supplier Performance Risk

1. Completed “Attachment 1—"Pricebook”

Volume I – Certifications/ Representations/ Other Documents The Government will review all offerors’ submissions for compliance, and any offeror that fails to comply with items checked below will be considered non-compliant and may be ineligible for further consideration for award.

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

|_| If identified as the apparently successful Offeror for award, the Offeror shall submit the certification required by FAR Clause 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.

|X| 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.

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), in order 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.

If the offeror indicates that it is a foreign person in provision FAR 52.229-11 and indicates that it is fully exempt from the tax for reasons cited on their IRS Form W-14, then the contracting officer will include DFARS 252.229-7014, Full Exemption from Two-Percent Excise Tax on Certain Foreign Procurements, in the resulting 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

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.

VOLUME II

FACTOR 1 – TECHNICAL – The Government will award a single contract pursuant to the Evaluation Methodology stated in FAR Provision 52.212-2. The PWS describes the services that will be acquired through this solicitation. The Offeror shall provide a technical volume, exclusive of all pricing information, consisting of the following:

Element A - Certification / Qualifications:

1. Contract Manager and Alternate Contract Manager IAW para 1.10.1 of the PWS.

The offeror shall provide documentation such as a Curriculum Vitae (CV), resume, or other credential document —demonstrating that the proposed personnel are:

a. A certified Engineer (Ingenieur, Techniker, Meister) in electronic or mechanical field with a minimum of three (3) years work experience in an automatic door and gates manufacturing company or in a company which holds a license (work-commitment) to a manufacturing company or a company which performs maintenance and repair of doors and gates; and

b. Provide documentation or written statement that the said personnel is proficient in reading, writing, and speaking both English and German languages.

2. Quality Control Manager IAW para 1.10.1. of the PWS.:

The offeror shall provide documentation such as a CV, resume, or other credential document —demonstrating that the proposed personnel are:

a. A certified Engineer (Ingenieur, Techniker, Meister) in electronic or mechanical field or

b. Have no less than three (3) years’ work experience in a company that carries out all QM measures to ensure quality; and

c. Provide documentation or written statement that the said personnel are fluent in German, also speak and write in English is desirable, but not mandatory.

3. Special Qualifications of Other Company Personnel IAW para 1.10.2 of the PWS.

The offeror shall provide documentation such as a CV, resume, or other credential document —demonstrating that the proposed personnel are:

a. Certified, fully qualified and trained personnel for maintaining and repairing doors, gates, and barriers; and

b. Have no less than (3) years expert knowledge performing the required services; and

c. Shall have a minimum of one of the following diplomas:

(1) Apprenticeship diploma electrical engineering (unaltered German version (“Gesellenbrief/Facharbeiterbrief Elektrotechnik”)); or

(2) Apprenticeship diploma mechanical engineering (unaltered German version (“Gesellenbrief/Facharbeiterbrief Mechanik”)); or

(3) Apprenticeship diploma mechatronic engineering (unaltered German version ("Gesellenbrief/Facharbeiterbrief Mechatronik")); and

d. Certificates of training, or equivalent qualifications to perform maintenance and repair on the doors and gates located throughout USAG Wiesbaden. A valid certificate must be provided to the Contracting Officer with the contractor’s offer.

All certifications obtained abroad must be translated to German and certified by the Federal Ministry for Education (Bundesministerium fuer Bildung und Forschung) per www.anerkennung-in- deutschland.de.

Element B – Technical Experience:

a. The Offeror shall provide supporting documentation demonstrating that the Offeror and/or one or more of its subcontractor(s) have a minimum of three (3) years of “relevant” experience performed within the “recent’ time period describe below.

(1) “Recent” is defined as work ongoing or completed within five (5) years preceding the issuance of this solicitation.

(2) “Relevant” experience is defined as performance of efforts involving requirements that are similar in scope and magnitude of effort of the type of work in the PWS.

Scope: Offerors must submit documentation showcasing experience and familiarity with the doors, gates, and barriers listed in Attachment 2 “Inventory List”.

Magnitude of Effort: A contract, or aggregated contracts during the five-year period, totaling at least €150,000 per year. A maximum of five (5) separate contracts may be combined as examples to satisfy this requirement.

At a minimum, an Offeror shall provide the following information for each contract that it relies upon to meet the “recent” and “relevant” experience requirements:

(1) Primary place of performance and customer name;

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

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

(4) Contract performance dates; and

(5) Total contract value.

(b) the offeror shall submit an individual Reference Information Sheet (Attachment 4) for at least two (2), but no more than three (3), references for current or relevant contracts demonstrating the experience and skills required in the PWS. The Government may contact references to verify the accuracy of the information provided.

Element C: Subcontracting Information.

The Offeror shall provide the following documentation for either (1) or (2), as applicable:

(1) A statement that all work performed under the contract shall be performed exclusively by the Offeror, or

(2) A list of proposed subcontractors, joint ventures, or other business partners that will provide work under the contract. The list must contain contact information for each company 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. The Government reserves the right to contact proposed subcontractors, joint ventures, or other business partners to verify letters of intent.

Element D: Supplier Performance Risk.

The Offeror shall submit their Commercial Government Entity (CAGE) code with the offer for verification of vendor risk in accordance with the Provision at DFARS 252.204-7024, Notice of the Use of the Supplier Performance Risk System (SRPS).

FACTOR 2 – PRICE

Offerors shall complete and submit the “Pricebook” for contract line items. Offerors shall only enter pricing in yellow-colored fields in the price book.

Offerors shall enter the total price in U.S. Dollars ($) or Euros (€), for each line item. Offers 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 offer to not be considered for award.

The Total Evaluated Price (TEP) shall be comprised of the summation of all CLINs. 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 offer and the total of the CLIN will be recomputed accordingly.

III. Paragraph (c) - Period for Acceptance of Offers - is tailored to read: The Offeror agrees to hold the prices in its quote firm for 90 calendar days from the date specified in this solicitation for receipt of offers.

V. Paragraph (g) Contract Award - The Government intends to evaluate offers and make award(s) on initial proposal submissions. Therefore, the offeror’s initial offer should contain the Offeror’s best terms from a price and technical standpoint. Offerors are cautioned that the government does not intend to hold formal communications, clarifications, and/or discussions with offerors, as prescribed in FAR part 15. This procurement is being conducted using Simplified Acquisition Procedure in accordance with FAR part 13. As such, the government has broad discretion to fashion suitable evaluation procedures, inclusive of determining whether to permit offerors to revise their proposals and/or address any material failures in such submissions if determined to be in the best interest of the Government.

The completion and submission to the Government of the above items listed in this Provision will constitute the offer. The offer 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 offer may constitute a deficiency which will make the offer unacceptable to the Government.

This request does not commit the Government to pay any costs incurred in the preparation and submission of your offer 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 offer or for revisions provided in response to communications.

FAR 52.232-18, Availability of Funds Funds are NOT presently available for this acquisition. No contract award will be made until appropriated funds are made available.

VI Paragraph (h) - Multiple Awards is tailored to read: Only one contract award will be made.

VII. Paragraph (l) - Debriefing/Request for Information. If an Offeror requests information concerning an award that was based on factors other than price alone, a brief explanation of the basis for the award decision shall be provided IAW FAR 13.106-3(d).

--End of Addenda--

Addendum to Provision 52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES:

Evaluation Methodology - The Government will award a contract resulting from this solicitation utilizing FAR Part 13, Simplified Acquisition Procedures.

The Technical rating will be based on an “Acceptable” / “Unacceptable” basis. An offer is un-awardable at any price if the Technical factor or any of the elements receives a rating of “Unacceptable.” Award will be made to the responsible Offeror who submits an offer that (1) conforms to the requirements of the solicitation; (2) that receives a rating of “Acceptable” on the Technical evaluation factor; and (3) that submits the offer with the lowest Total Evaluated Price (TEP), provided that the TEP is fair and reasonable. The Government reserves the right to award no contract at all .

The following factors shall be used to evaluate offers:

FACTOR 1 – Technical:

Element A – Certification / Qualification The rating will be based on an "Acceptable or Unacceptable" basis. The following definitions will be used to assign the rating:

Acceptable: The offer includes all of the documentation as required in the Addendum to 52.212-1 for Element A.

Unacceptable: The offer does not include all the documentation as required in the Addendum to 52.212-1 for Element A.

Element B - Technical Experience The rating will be based on an "Acceptable or Unacceptable" basis. The following definitions will be used to assign the rating:

Acceptable: The offer demonstrates that the Offeror and/or one or more of its subcontractor(s) have “recent” and “relevant” experience as required in the Addendum to 52.212-1 for Element B.

Unacceptable: The offer does not demonstrate “recent” and “relevant” experience as required in the Addendum to 52.212-1 for Element B.

Element C - Subcontracting Information The rating will be based on an "Acceptable or Unacceptable" basis. The following definitions will be used to assign the rating:

Acceptable: The offer includes all the documentation as required in the Addendum to 52.212-1 for Element C.

Unacceptable: The offer does not include all the documentation as required in the Addendum to 52.212-1 for Element C.

Element D - Supplier Performance Risk

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 criterion. 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.

The rating will be based on an "Acceptable or Unacceptable" basis. If the Offeror does not receive an “Acceptable” rating for this factor, the offer may not be evaluated any further and the Offeror may be eliminated from further consideration for award. The following definitions will be used to assign the rating:

Acceptable: Offeror has a Supplier Risk Score of Green, Purple, Blue, or Black. Offerors without a Supplier Risk Assessment in SPRS will be treated as neutral which is considered acceptable.

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

FACTOR 2 – PRICE

Price will be evaluated as follows:

(1) Completeness: The Government will review the pricing submissions for completeness and compliance with solicitation Provision FAR 52.212-1.

(2) Unbalanced Pricing: 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).

(3) Fair and Reasonableness: The Offeror’s price will be evaluated in accordance with FAR 13.106-3(a). The realism of proposed prices will NOT be evaluated. If only one offer is received in response to this solicitation, the Government will follow the procedure at DFARS 213.500-70.

(4) Total Evaluated Price (TEP): The Government will add the total price for all options to the total price for the basic requirement to arrive at a total evaluated price (TEP) including the prorated six-month value of the final option period (FAR Clause 52.217-8) as described below. Except when an offer is in a currency not permitted by the solicitation, if the Government receives offers in more than one currency, the Government will evaluate offers by converting the foreign currency to United States currency in accordance with FAR provision 52.225-17.

(5) Evaluation of Option to Extend Services. As part of the price evaluation, the Government will evaluate the Option to Extend Services under FAR Clause 52.217-8 by adding one-half of the Offeror's final option period price to the Offeror's total price. Therefore, the Offeror's TEP will include the prices for the base period and each option period, plus one-half of the final option period’s price. If, however, the option to extend services is used prior to the end of the last option period, the option to extend services will be exercised at the rate proposed for the option period which the extension is used within.

Addendum to Clause 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES:

I. Paragraph (a) Inspection/Acceptance: Inspection and acceptance will be performed at the locations identified in the PWS.

II. Paragraph (b) Assignment: is replaced by DFARS 252.232-7008 ASSIGNMENT OF CLAIMS (OVERSEAS).

III. Paragraph (k) Taxes is deleted and replaced as follows:

“(k) Taxes. The contract price includes all applicable Foreign, Federal, State, and local taxes and duties except for taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the country in which expenditures are made by or on behalf of the United States.”

Addendum to block 18a “Payment will be made by” of Standard Form 1449:

NOTE TO CONTRACTORS:

Contractors are required to submit their invoices through Wide Area Workflow (WAWF)

Payment inquiries can be submitted to dfas.rheinland-pfalz.jht.mbx.dgk-vendorpay@army.mil

Payment status can be viewed within WAWF (PIEE)

5152.233-4002 AMC Level Protest Program (JUN 2016)

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 45 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. Send protests (other than protests to the contracting officer) to:

Protest to HQAMC shall be filed at:

Headquarters U.S. Army Materiel Command Office of Command Counsel-Deputy Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Fax: (256) 450-8840 or e-mail: usarmy.redstone.usamc.mbx.protests@army.mil

Packages sent by FedEx or UPS should be addressed to:

Headquarters U.S. Army Materiel Command Office of Command Counsel-Deputy Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000

The AMC-level protest procedures are found at:

https://www.amc.army.mil/Connect/Legal-Resources/

If Internet access is not available, contact the contracting officer or HQ, AMC to obtain the AMC-Level Protest Procedures.

(End of Provision)