W912PB22R3000 Amendment 0003.pdf

0011770120

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

See page 2 summary of changes.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 20

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

16C. DATE SIGNED

BY 18-Oct-2022

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 W912PB22R3000

X 9B. DATED (SEE ITEM 11)

23-Sep-2022

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

18-Oct-2022

CODE

RCO BAVARIA

AMERIKANISCHE BESCHAFFUNGSSTELLE

GEB 542

92655 GRAFENWOEHR LAGER

GERMANY

W912PB 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912PB22R3000

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

The purpose of Amendment 0003 is to:

1. answer offeror questions,

2. extend the proposal due date to 10am CEST, Monday, 24 October 2022

3. All other terms and conditions remain unchanged.

Question 4

Given the current market volatility in labor and materials, pursuant to DFAR 216.203-4 Contract clauses, would the USG consider including the appropriate Economic Price Adjustment clause in the solicitation and subsequent contract award? (FAR 52.216-2, Economic Price Adjustment—Standard Supplies, FAR 52.216-3, Economic Price Adjustment—Semistandard Supplies, and FAR 52.216-4, Economic Price Adjustment—Labor and Material)

Question 4 Response

No, it will not be added/included.

Question 5

PWS Paragraph 1.12 - Is this an error and should it read 30 mile radius per host nation labor law. Will this be updated, particularly for any TDY missions required?

Question 5 Response

This is not an error, the local travel radius is 300 miles. Any TDY missions may be authorized travel expenses at rates no higher than the substantive provisions of the Joint Travel Regulation (JTR), IAW FAR Part 31.205-46, and the limitation of funds specified in this contract as stated in PWS paragraph 1.12.

Question 6

In the solicitation W912PB22R3000, starting on page 56 there are a number of requirements such as SF 1449, acknowledgment of amendments, and various FAR clauses that need to be in the proposal. Which volume do these documents need to be placed in for submittal or should they be in a Contracts Volume?

Question 6 Response

Please include the list of items identified under Addenda 52.212-1 Pre-Award Compliance with the Price submittal.

Question 7

The FAR prescription 4.1705 for both Service Contract Reporting FAR Clauses (52.204-14 & 52.204-15) states the “clause is not required for actions entirely funded by DoD.” Additionally, neither FAR 52.204-14 nor FAR 52.204- 15 are checked on page 33 of the Solicitation document within the section titled “FAR 52.212-5 Contract Terms And Conditions Required To Implement Statutes Or Executive Orders--Commercial Products And Commercial Services (May 2022)”. Accordingly, because the FAR does not explicitly require it and it is not included in the

Solicitation terms, would the Government consider removing the Service Contract Reporting requirement form the

PWS?

Question 7 Response No, the Service Contract Reporting (SCR) will remain a part of the PWS and Clause 252.207-7023 is included in the solicitation and requires reporting.

Question 8

The PWS and RFP has requirements for the Program Manager and Deputy Program Manager, however the requirements in each section do not match.

PWS 1.10 states “Program Manager and Deputy Program Manager: The qualifications included on the CV for the PM and DPM must demonstrate 5 or more years of experience with maintenance project management, and familiarity with US Army regulations applicable to fleet maintenance, supply management, and must demonstrate a minimum of 3 years’ experience within the past 10 years working as a Program Manager or Deputy Program Manager.”

RFP page 15 states “The offeror will be evaluated to determine whether the Project Manager (PM) and Deputy Project Manager DPM) have applicable experience with fleet maintenance project management. The offeror shall provide a narrative and/or supporting documentation demonstrating the Project Manager (PM) and Deputy Project Manager (DPM) assigned to the contract both have a minimum of three (3) years experience within the past 10 years as a PM or DPM for a firm providing fleet maintenance services (including customer or organization name, contracting value, and description of service).”

RFP page 59 states “The offeror shall provide a narrative and/or supporting documentation demonstrating the Project Manager (PM) and Deputy Project Manager (DPM) assigned to the contract both have a minimum of three

(3) years experience within the past 10 years as a PM or DPM for a firm providing fleet maintenance services (including customer or organization name, contracting value, and description of service).”

Can the Government clarify the requirements for the Program Manager and Deputy Program Manager?

Question 8 Response

PWS Paragraph 1.10 updated to reflect greater than 3 years' experience. FAR Clause 52.212-2 provides the evaluation approach. What is to be provided by offerors for evaluation is included in Addenda 52.212-1

Question 9

The Deliverables Schedule included in Technical Exhibit B states that the Property Management System should be in accordance with PWS 1.27 however PWS 1.27 discusses Conventional Forces Europe (CFE) Treaty Verification Inspection.

Can the Government clarify the appropriate PWS section for the Property Management System deliverable?

Question 9 Response

The Deliverables Schedule in Technical Exhibit B has been updated to reference PWS Para 3.2.

Question 10

Is this contract subject to German Value Added Tax (VAT)?

Are we required to apply German VAT to the invoices issued to DOD under this contract?

Question 10 Response

This contract is exclusive of VAT in accordance with 252.229-7001 or 252.229-7001 Alternate I. The offeror will complete the applicable fill-in as required in accordance with Addenda 52.212-1 Pre-Award Compliance requirements.

Question 11

Can the Government clarify whether this contract is covered under the NATO SOFA agreement?

Question 11 Response

This contract is not part of the NATO SOFA agreement.

Question 12

Reference RFP, Supplies & Services, page 4, Item X002 -Can the Government confirm the ceiling price of $15,000 should be used as the plug number for these CLINs?

Question 12 Response

An amount of $0 or €0 should be used for the X002 CLINs and also include the proposed labor category rate as directed in Solicitation Addenda 52.212-1.

Question 13

Reference RFP, Supplies & Services, page 4, Item X003 - Can the Government confirm the ceiling price of $15,000 should be used as the plug number for these CLINs?

Question 13 Response An amount of $0 or €0 should be used for the X003 CLINs

Question 14

PWS Enclosure 1 lists Exercises with an estimated quantity of 15, in a column labeled hours.

Can the Government clarify if the quantity 15 is referencing the number of exercises or hours?

Question 14 Response

The 15 is for number of exercises and not hours

Question 15

PWS Enclosure 1 includes the estimated workload data which includes an estimated quantity of 15, in a column labeled hours for Exercises. However, this does not correspond to the 430 hours listed in CLIN 0002 for Surge Requirements.

Will the Government clarify which number should be used for estimating purposes for CLIN 0002, 15 hours or 430 hours?

Question 15 Response For CLIN X002 proposal purposes, refer to Question 12 Response.

Question 16 Are the hours listed in PWS Enclosure 1 total hours or productive timecard hours?

Question 16 Response

Productive Hours arecaptured in PWS Enclosure 1.

Question 17

Does an Offeror’s statement that “all work performed under the contract shall be performed exclusively by the offeror” preclude offerors from later entering into subcontracts in support of performing this program?

Question 17 Response

Our intent is for offerors to let the Government know of their subcontracting plan with the offer. However, our intent is not to preclude offerors from subcontracting at any point.

Question 18

The RFP states the following regarding which currency offerors shall use for their proposal: "Offerors shall enter the total price in U.S. Dollars ($) or any other European Country Currency, i.e. 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." and "US Companies are encouraged to provide US Dollar proposals only as otherwise serious payment problems may occur."

Question: If the Government receives proposals in different currencies, what exchange rate will the Government use to evaluate prices to ensure parity?

Question 18 Response Please refer to Clause 52.225-17.

Question 19

The PWS states, "1.3...The Contractor shall conduct work in accordance with this PWS and all applicable United States (U.S.), German, and local laws, US Army regulations, standards, provisions, and directives to include applicable publications in Part 6…"

Workforce protection laws in Germany are among the strongest in the world; the absence of instructions regarding 613a appears to be a material flaw in the Government's RFP. Since the draft RFP package is completely silent regarding 613a, please confirm our understanding that the Government does not deem 613a applicable to the PTF contract?

Question 19 Response

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. The Government is not responsible for the validity of any information or data provided in the solicitation in regards to BGB 613a. Offerors' attention is directed to the terms of DFARS clause 252.222-7002 (Compliance with Local Laws (Overseas)), which is incorporated herein by reference.

Question 20

Where should offerors incorporate their proposed cost for exercise support?

Question 20 Response

See Question 15 Response

Question 21

What labor categories will be utilized for the exercise support?

Question 21 Response

Labor categories are identified within the PWS as part of the continuous level of effort required for this contract.

See Question 12 response for CLIN X002.

Question 22

Will the Government provide historical workload data for exercises?

Question 22 Response

Reference Enclosure 2 of PWS for Historical Workload Data

Question 23

Will the offeror be required to hire personnel specifically for exercise support?

Question 23 Response

It is up to the offeror to determine how best to meet the continuous level of support required in accordance with the

PWS.

Question 24

Are travel expenses within a radius of 300 miles of Graf/Hohenfels included within the travel T&M CLIN?

Question 24 Response

No. As stated in PWS 1.12, travel within the 300 mile radius is considered local travel and will not be reimbursed.

Question 25 Will the Government support / facilitate to ensure CAC/IACS facility are available to ensure all Common Access Cards and IACS badges are updated within the Transition Timeline?

Question 25 Response

Yes. This also requires coordination with the contractor and completed and valid paperwork. Valid Paperwork means Disclosure (here depends if entries or none entries), AE FORM 190-16A, MAY 2021, AE Form 604 simple security check, valid Passport, in case residece and work permit, MP check (US Citizen), LNSP (when Individual is longer than 1 Year officially registered in Germany). This Paperwork has to be provided through Contractor hiring Office to the Government. For any references see here also Army in Europe Regulation 190-16* 27 April 2017

Question 26

Is there a local national workforce employed on the current contract, and if so will the USG release the incumbent employee data to comply with the TUPE 613a German Labor Law?

Question 26 Response

The U.S. Government does not possess and/or control 'the incumbent employee data.' 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. The Government is not responsible for the validity of any information or data provided in the solicitation in regards to BGB 613a. Offerors' attention is directed to the terms of DFARS clause 252.222-7002 (Compliance with Local Laws (Overseas)), which is incorporated herein by reference.

Question 27

Will there be any lease arrangements that will need to be assumed by the awardee?

Question 27 Response

No.

Question 28

Will the Government support Technical expert status accreditation (TESA) under Article 73 under the Status of Forces agreement for any personnel positions?

Question 28 Response

See Question 11 Response.

Question 29

Can the Government confirm how many M978 HEMTT's that the petroleum Supply Specialist will need to maintain?

Question 29 Response There are 3 DF2 Fuelers and 3 JP8 Fuelers.

Question 30 PWS Enclosure 4 states: "The density list is subject to change and deviations do not entitle the contractor to an equitable adjustment". Will the Government please confirm that this statement does not override FAR 52.243-1?

Question 30 Response

Confirmed. It does not as FAR clause 52.243.1 does not apply to FAR Part 12 solicitation.

Question 31

Will the Government be providing all compensation information in compliance with sec. 613a of the German Civil Code (Bürgerliches Gesetzbuch – BGB) for existing PTF contract employees?

Question 31 Response

The U.S. Government does not possess and/or control 'all compensation information in compliance with sec. 613a of the German Civil Code (Bürgerliches Gesetzbuch – BGB) for existing PTF contract employees.'

Question 32

Can you provide photographs of the main workshops, offices, and hardstanding support facilities?

Question 32 Response

Please reference Enclosure 7 for General Overview of work facilities.

Question 33

What are the vehicle rotations per year, per unit?

Question 33 Response

It is anticipated there will be 12 JMRC Rotations a year local to USAG Bavaria and 1 scheduled foreign Mission (USARAG/USAEUR), currently suspended.

Question 34

Is there a military training schedule for the vehicles, and if so, can you provide it?

Question 34 Response

The training schedule will be made available after award.

Question 35

Can you confirm who carries out HAZMAT disposal? Is it a separate contractor or at a cost to the contractor?

Question 35 Response

There are no separate costs to the Contractor. All waste is either deposited in the provided hazmat building/capture facilities or taken by the contractor using provided equipment to a Government contracted recycling center

Question 36

Is there a dedicated test route for the vehicles following repair?

Question 36 Response

Yes, there is a track that can be used. However, the vehicle test requirements must be defined by the QA/QR to meet the final test for specific vehicles. Different test tracks can be provided inside Hohenfels, but the selection will be done through the QA/QR.

Question 37

Can you provide the total number of staff used to fulfil the current contract including job positions/positions?

Question 37 Response

The U.S. Government does not possess and/or control 'the total number of staff used to fulfil the current contract including job positions/positions'.

Question 38

Can we have example(s) of those applicable laws, regulations and/or instructions expected for PMS compliance?

Question 38 Response

Examples include but are not limited to the PWS and the Clauses included in the solicitation FAR 52.245-1 and 52.245-9 as well as DFARS 252.245-7001, 252.245-7002, 252.245-7003, 252.245-7004, and 252.245-7007.

Question 39

“Utilization (Utilize / Movement / Storage / Consumption)” – Can you clarify what this specifically refers to?

Question 39 Response

Utilizing Government Property (including Consumption, Movement, & Storage)

The Contractor shall:

1. Utilize Government Property only as authorized under this contract

2. Consume Government Property only as authorized under this contract

3. Move, Government Property only as authorized under this contract

4. Store Government Property only as authorized under this contract

5. Promptly disclose and report Government property in its possession that is excess to contract performance

6. Not commingle Government material with material not owned by the Government (Unless otherwise authorized in this contract or by the Property Administrator)

Examples of Consumption Procedure Content:

Contract requirements Receipt and issue documents Bills of material Work/job orders Inventory listings Return to stock

Examples of Movement Procedure Content:

Movement documents (within location) Location change documents (external location) Custodial transfer documents Types of authorized moment

Examples of Storage Procedure Content:

Types of storage Physical security and protection Access authorizations Authorization requests to commingle Housekeeping logs

Question 40

Can you please clarify how parts requested/issued and are accounted for?

Question 40 Response

Ordering and turn in is with Global Combat Support System Army. Received Parts and/or Parts for turn in from RSSA will be issued/turned in with a MRO (Army Standard Form 1348). The Orders/turn in placed by the Contractors Supply Office will be approved (when correct in the System and required Orders/necessary turn-ins) through the Government side. See here also PWS 5.2.4.2 in addition 5.2.4.3. (requisitioning supply discipline).

Question 41

Can you please confirm if you have a separate pricing template? Please clarify the appropriate format for submission of pricing.

Question 41 Response

There is not a separate pricing template. Please prepare pricing submittal as indicated in Solicitation Addenda 52.212-1 and subsequent amendments.

Question 42

Given the site visit was only conducted on the 6th and clarification questions are submitted on the 10th, we would be grateful if you would consider a 1-week extension to the submission date to ensure we can provide the most optimal and cost-effective solution?

Question 42 Response

Per this Amendment Proposal responses are extended to 10:00am CEST, Monday, 24 October 2022

Question 43

Subfactor 2 experience states that the PM and DPM shall have “a minimum of three (3) years experience within the past 10 years as a PM or DPM for a firm providing fleet maintenance services (including customer or organization name, contracting value, and description of service)”.

As written, the Government is restricting the pool of qualified candidate by only allowing experience with a firm.

Can the Government confirm its intent is to limit the qualified candidate’s experience to just a firm?

Or, will the Government consider experience of a firm, prior military, and/or local municipality that is not limited to just the “firm”, and allows for candidates with the most relevant qualifications and promotes career transition opportunities for qualified military personnel?

Question 43 Response

Requirement has been updated to remove "for a firm" from the language.

Question 44

Would it be possible to post in the Questions & answers who attended the site visit?

Question 44 Response

The Government will not be posting the site visit list.

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

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. The term ‘Offeror’ means only the prime contractor submitting the offer. It does not include any proposed subcontractors or teaming partners.

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. FAX submission is also authorized, although not preferred however, offerors are required to request the FAX number from the Contract Specialist. If Faxed, Offerors are responsible for ensuring that their proposal is actually received by this office.

Courtesy Translation:

Anbieter sind verantwortlich, Angebote vor dem angegebenen Zeitpunkt zu diesem Büro zu bringen.

FAX Übermittlung ist möglich, aber nicht bevorzugt, der Anbieter muss aber die FAX Nummer von dem Sachbearbeiter anfordern. Anbieter sind verantwortlich sicherzustellen, dass das Angebot von diesem Büro erhalten wurde.

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

Contract Specialist: Sabrina Wenning, sabrina.m.wenning.civ@army.mil

RCO Bavaria Mailbox:

usarmy.rheinland-pfalz.409-contr-spt-bde.mbx.rco-bavaria-solicit@army.mil

SUBJECT of e-mail shall be “Submission of proposal W912PB-22-R-3000”

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 shall be requested no later than 10 (ten) working days after the issuance of the solicitation 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 clause 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. Each proposal shall contain:

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 submitted)

CLIN Price Schedule

ELIN Price Schedule

Data as required in FAR Provision 52.212-2 and the Addenda of Provisions 52.212-1 and 52.212-2.

(Factors 1 and 2 – Technical and Price, all Factors (including all Sub-Factors)).

Completed FAR Provision 52.204-24 “Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment”.

Completed FAR provision 52.209-7 “Information regarding Responsibility Matters”

Completed FAR Provision 52,212-3 ALT 1 “Offeror Representations and Certifications – Commercial Items “. (The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM). If the offeror has not completed the annual representations and certifications electronically in SAM, then it is required to complete paragraphs

(c) through (v) of this provision.)

Completed FAR provision 52.229-11 “Tax on certain Foreign Procurements”, including completed IRS Form W-14.

NOTE: In accordance with an Agreement between the US Government, and Governments of the Countries, listed below, this provision is to be completed, as otherwise the US Government will deduct 2% Federal excise tax from every invoice. Therefore, IRS Form W-14 must also be submitted with each invoice.

The following qualified income tax treaties cover all nationals of the treaty country and exempt all such nationals from the tax imposed by section 5000C.

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

IRS Form W-14, if not provided with this solicitation, will be provided by this office upon request.

Completed DFARS provisions 252.204-7016 “Covered Defense Telecommunications Equipment or Services” and 252.204-7017 “Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services – Representation”

Completed DFARS clause 252.229-7001 Tax Relief

Completed DFARS clause 252.229-7001 (ALT I) Tax Relief Alternate I (for Germany only)

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.

FACTOR 1 – TECHNICAL

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

a. Subfactor 1 – Property Management:

(i) The offeror shall submit with their offers a summary level Property Management Plan (PMP) containing voluntary consensus standards and industry leading practices and standards to be used in the management of Government Property or existing property management plans, methods, practices, or procedures for accounting for property. The PMP shall include a strategic level summary of each of the following:

- Description of the contractor’s Property Management System (PMS)

- Purpose of the contractor’s PMS

- Applicable laws, regulations, and/or instructions for PMS compliance

- How the contractor will manage different property types (i.e. Government Property, Contractor Owned Property, Subcontractor Owned Property, etc.)

- How the following nine (9) outcomes of Government Property will be addressed in the contractor’s PMS.

1. Receipt of Government Property / Identification

2. Records

3. Physical Inventory

4. Subcontractor Control

5. Reports

6. Relief of Stewardship Responsibility and liability

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

8. Maintenance

9. Contract Close-Out (Property Close Out)

- Applicable standards (e.g. voluntary consensus standards, industry leading practices) used in the contractor’s PMS

- Plan to meet special solicitation requirements (e.g. Item Unique Identifying Device (IUID), reporting)

(ii) This is a competitive acquisition in which the contractor is responsible for all costs related to making Government Property available for use from other Government contracts, this includes payment of all transportation, installation or rehabilitation costs.

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.

b. Subfactor 2 - Experience:

(i) The offeror shall provide a narrative and/or supporting documentation to demonstrate the company's qualifications and experience that is recent and relevant to this requirement. Recency is defined as services performed within five (5) years from the solicitation issuance date. Relevancy is defined as experience same or similar in nature, size, and complexity to the services specified by this solicitation. Certificates, documents, and/or references confirming the qualification of the offeror, to include sub-contractors, shall be submitted to the Contracting Officer along with the submission of the offer. The Government may contact references to verify the accuracy of the information provided.

(ii) The offeror shall provide a narrative and/or supporting documentation demonstrating the Project Manager (PM) and Deputy Project Manager (DPM) assigned to the contract both have a minimum of three (3) years experience within the past 10 years as a PM or DPM providing fleet maintenance services (including customer or organization name, contracting value, and description of service).

c. Subfactor 3: Subcontracting Information:

The offeror shall provide with its proposal either:

(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 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.

FACTOR 2 - PRICE

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

The FFP CLIN (CLIN 0001) shall include all personnel, management, equipment, transportation, and other suppliers/services necessary to perform the requirements of the PWS. The FFP CLIN shall include any materials and equipment not provided by the Government necessary to perform the requirements of the PWS.

The LH CLIN (CLIN 0002) shall include a labor rate for mechanics. The experienced mechanics shall possess a trade certification or foreign equivalent for the scope of work to be performed. All personnel that are expected to perform maintenance will be required to hold a valid license for the class of vehicle that will be repaired. Acceptable qualifications will include but not be limited to: Automotive Service Exellence (ASE) certifications in Medium- Heavy Truck, or Military Tactical vehicles. Three years of experience as a mechanic shall suffice as a replacement for formal trade certifications.

Offerors shall enter the total price in U.S. Dollars ($) or any other European Country Currency, i.e. 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 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 120 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.

REQUEST FOR SITE VISIT

Prospective contractors should visit the site to ascertain pertinent local conditions as prescribed by FAR clause

52.237-1 "SITE VISIT".

Site visits shall be requested by calling/writing to the contract specialist denominated in the face page of this solicitation.

Addendum to Clause 52.212-4:

Paragraph (a) Inspection/Acceptance: Inspection and acceptance will be performed at the address, shown in block 15 of the Standard Form 1449.

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

Paragraph (k) TAXES. The contract price includes all applicable Federal, State, and local taxes and duties.

- is replaced by Clause DFARS 252.229-7001 TAX RELIEF if this contract is awarded to a non-US company.

Paragraph (w) “CORRESPONDENCE IN ENGLISH” is herewith incorporated:

The Contractor should ensure that all contract correspondence that is addressed to the United States Government is submitted in English or with an English translation

DELIVERY REQUIREMENTS

The Government requires deliveries/services to commence on the start date of the Period of Performance (PoP) of a Delivery/Task order. Delivery/Performance Periods will be established on each Order issued under this contract.

DELIVERY/TASK ORDER PROCEDURES

a. Any Contracting Officer, assigned to Regional Contracting Office Bavaria, or any Ordering Officer, if appointed by the RCO-BV are authorized to issue Delivery/Task Orders under this contract.

Written orders are considered "issued" for purposes of this contract, at the time the Government deposits the order in the (e)-mail.

b. While the authorities listed herein are authorized to place oral calls under this contract, such calls will be confirmed later with a written Task Order. All oral calls and confirming orders issued hereunder are subject to the terms and conditions of the contract. When placing an oral call, the person authorized to place a call will provide the contractor with,

(1) the contract number,

(2) the call number,

(3) the date ordered,

(4) the contract line item(s) being ordered,

(5) quantities to be ordered,

(6) desired delivery date, or period of performance

(7) point of contact,

(8) applicable addresses, and

(9) the amount of the order.

In the event of a conflict between an oral call and a confirming order, the confirming order shall control provided it does not conflict with the contract.

c. The quantities listed in this contract are estimated only, and are provided for general information, and shall not constitute a basis for a claim of price increase during performance of this contract.

d. In accordance with FAR Clause 52.216-21, "REQUIREMENTS" (or 52.216-22, "INDEFINITE QUANTITY" as applicable) and FAR Clause 52.216-18 "ORDERING," paragraph (a), if the government issues a Task Order that requires performance past the end of the effective period of the contract, the pricing in effect at the end of the last effective ordering period will govern the entire Task Order.

e. Task Orders may not exceed 12 Months.

INSTALLATION CLEARANCE REQUIREMENTS

a. Access to U.S. installations and controlled areas is limited to personnel who meet security criteria and are authorized by Host Nation law to work in that country. Failure to submit required information/data and obtain required documentation or clearances in accordance with AE Regulation 190-16, Installation Access Control, will be grounds for denying access to U.S. installations and controlled areas. The Contractor is responsible to ensure that any Subcontractor used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any Subcontractor utilized by the contractor, are made aware of and comply with these requirements.

b. The Contractor is responsible for being aware of and complying with the requirements associated with Installation Access Control. The Government is not liable for any costs associated with performance delays due solely to a firm’s failure to comply with Installation Access Control (IAC) processing requirements.

c. The Contractor is responsible for returning installation passes to the issuing Installation Access Control Office (IACO) when the contract is completed or when a contractor employee no longer requires access.

d. AE Regulation 190-16 (and AE Regulation 190-16-G German translation) can be found on the following website:

https://www.aepubs.eur.army.mil/AE-Regulations/?smdsearch8659=AE%20Regulation%20190-16

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)

LIST OF DOCUMENTS, ATTACHMENTS AND EXHIBITS

Attachment 1 – Performance Work Statement (PWS)

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

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

1. Technical

2. Price

Award will be made on the basis of the lowest evaluated price of proposals meeting the acceptability standards for non-price factors.

Factor 1: Technical

The following definitions will be used in evaluating the offeror’s proposal against the technical requirement.

Rating Description

Acceptable Proposal clearly meets the minimum requirements of the solicitation.

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

The technical factor is met when the Offeror’s proposal clearly demonstrates evidence of meeting the three (3) sub-factors below.

1. Property Management –

(a) The offeror shall submit with their offers a summary level Property Management Plan (PMP) containing voluntary consensus standards and industry leading practices and standards to be used in the management of Government Property or existing property management plans, methods, practices, or procedures for accounting for property. The PMP shall include a strategic level summary of each of the following:

- Description of the contractor’s Property Management System (PMS)

- Purpose of the contractor’s PMS

- Applicable laws, regulations, and/or instructions for PMS compliance

- How the contractor will manage different property types (i.e. Government Property, Contractor Owned Property, Subcontractor Owned Property, etc.)

- How the following nine (9) outcomes of Government Property will be addressed in the contractor’s PMS.

1. Receipt of Government Property / Identification

2. Records

3. Physical Inventory

4. Subcontractor Control

5. Reports

6. Relief of Stewardship Responsibility and liability

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

8. Maintenance

9. Contract Close-Out (Property Close Out)

- Applicable standards (e.g. voluntary consensus standards, industry leading practices) used in the contractor’s

PMS

- Plan to meet special solicitation requirements (e.g. Item Unique Identifying Device (IUID), reporting)

(b) This is a competitive acquisition in which the contractor is responsible for all costs related to making

Government Property available for use from other Government contracts, this includes payment of all transportation, installation or rehabilitation costs.

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.

2. Experience –

(i) The offeror shall provide a narrative and/or supporting documentation to demonstrate the company's qualifications and experience that is recent and relevant to this requirement. Recency is defined as services performed within five (5) years from the solicitation issuance date. Relevancy is defined as experience same or similar in nature, size, and complexity to the services specified by this solicitation. Certificates, documents, and/or references confirming the qualification of the offeror, to include sub-contractors, shall be submitted to the Contracting Officer along with the submission of the offer. The Government may contact references to verify the accuracy of the information provided.

(ii) The offeror will be evaluated to determine whether the Project Manager (PM) and Deputy Project Manager

DPM) have applicable experience with fleet maintenance project management. The offeror shall provide a narrative and/or supporting documentation demonstrating the Project Manager (PM) and Deputy Project Manager (DPM) assigned to the contract both have a minimum of three (3) years experience within the past 10 years as a PM or DPM providing fleet maintenance services (including customer or organization name, contracting value, and description of service).

3. Subcontracting - Subcontracting information is required to be provided. The offeror shall either provide:

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

b) 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.

Please note:

The Government reserves the right to contact proposed subcontractors to verify letters of intent. In addition, as part of the government’s responsibility determination, the government reserves the right to require the submission of additional information that demonstrates the offeror’ s ability to successfully perform the contract.

Factor 2 Price:

a. The total evaluated price shall be the sum of all CLIN prices listed in the SF1449 schedule for the base year and all option years and Clause 52.217-8 in accordance with paragraph (b) Options below. Any GFP Related charges identified under Factor 1 Technical Subfactor 1 Property Management should be included/captured in CLIN 0001 of the SF1449 schedule.

b. Currency: Offers submitted in response to this solicitation shall be in terms of local currency or U.S. Dollars.

The Government shall use the daily exchange rate of the solicitation closing date to convert local currency offers into U.S. Dollar for evaluation. Evaluation of foreign currency offers will be in accordance with FAR clause 52.225-17. All supporting documentation shall reflect the same currency established in the price proposal.

c. Each offeror’s proposed price will be evaluated to determine whether it is fair and reasonable as per FAR 15.402.

(b) 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. 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.