3rd Amendment_W912PB23R3005.pdf

0011738514

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

Change Evaluation Factor 2 and extend Due Date.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 10

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

16C. DATE SIGNED

BY 09-Jan-2023

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 W912PB23R3005

X 9B. DATED (SEE ITEM 11)

28-Nov-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

09-Jan-2023

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:

W912PB23R3005

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

CONTACT INFORMATION

General Information:

RCO POC:

Contract Specialist: Yvonne Schmalzreich Telephone: 526 -8709 (+49 9641-70-526-8709) Email: yvonne.v.schmalzreich.ln@army.mil

SUMMARY OF CHANGES

The purpose of this amendment is to:

a. Extend Solicitation Due Date until 19 January 2023; 09:00 AM;

b. Change Evaluation Factor 2 at clause 52.212-2 and Addendum as shown below;

c. All other terms and conditions of the Solicitation remain the same.

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 12-Jan-2023 09:00 AM to 19-Jan-2023 09:00 AM.

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 who is technically acceptable and quotes the lowest total price. The offeror must receive a rating of “Acceptable” on technical in order to be considered for award. The Government will be using the lowest price technically acceptable (LPTA) source selection process. Technical are used to evaluate the offeror’ s quote for acceptability. The following factors shall be used to evaluate quotes:

1. Technical

2. Price Award will be made on the basis of the lowest evaluated price of quotation meeting the acceptability standards for nonprice factors.

Factor 1: Technical

The Technical rating will be based on an “Acceptable” / “Unacceptable” basis. The following definitions will be used in evaluating the quote against the technical requirement.

Rating Description

Acceptable Offer clearly meets the requirements of the solicitation.

Unacceptable Offer does not clearly meet the requirements of the solicitation.

The technical factor is met when the quote meet the four SubFactors below.

SubFactor 1: Electric/Electronic Master Certification

Acceptable: An offer will be acceptable if it provides:

(1) At least one (1) current and valid certification of the contractor or subcontractor, indicating the following:

- Elektrik/Elektronik Meister (Electric/Electronic Master Craftsmen diploma)

A “Meister” is a person who has a master craftsman diploma, which needs to be certified by the official Chamber of Crafts (Handwerkskammer).

Unacceptable: An offer will be unacceptable if it does not include:

(1) At least one (1) current and valid certification of the contractor or subcontractor, indicating the following:

- Elektrik/Elektronik Meister (Electric/Electronic Master Craftsmen diploma)

A “Meister” is a person who has a master craftsman diploma, which needs to be certified by the official

SubFactor 2: Course Certification

(2) A proof, indicating that the contractor or subcontractor completed the two (2) following courses:

- PAPI (Precision Approach Path Indicator System) course

- MALS (Medium Intensity Approach Light System) course

(2) A proof, indicating that the contractor or subcontractor completed the two (2) following courses:

SubFactor 3: Written Confirmation

(3) A written confirmation (on the company’s letterhead), signed by an authorized representative, stating that the certified person (as requested in SubFactor 1 and SubFactor 2) are actually employed by the company.

The confirmation must contain the name of the certificate holder and the name of the regarding certificate.

(3) A written confirmation (on the company’s letterhead), signed by an authorized representative, stating that the certified person (as requested in SubFactor 1 and SubFactor 2) are actually employed by the company.

The confirmation must contain the name of the certificate holder and the name of the regarding certificate.

SubFactor 4: Subcontracting

SUBCONTRACTING: Subcontracting information is required to be provided. This will be evaluated as being Acceptable or Unacceptable.

Acceptable: An offer will be acceptable if it provides either:

(4a) A statement that all work performed under the contract shall be performed exclusively by the quoter, or

(4b) 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 quoter 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.

Unacceptable: An offer will be unacceptable if it does not include either:

(4a) A statement that all work performed under the contract shall be performed exclusively by the quoter, or

(4b) 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 quoter 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.

Offers that do not include the above information will be determined to be unacceptable and will be removed from further consideration.

Factor 2: Price:

a. The total evaluated price shall be the sum of all CLIN prices listed in the schedule for the base year and all option years

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 13.106-3.

PRICE: The total evaluated price shall be the sum of all CLIN prices listed in the schedule of SF1449 IAW FAR 13.106-3(a).

(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. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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

(End of provision)

ADDENDA

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. 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: Yvonne.V.Schmalzreich.LN@army.mil and

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 W912PB23R3005”

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 should 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 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 applicable)

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:

Subfactor 1 – Electric/Electronic Master Certification:

The offeror must provide at least one (1) current and valid certification of the contractor or subcontractor, indicating the following:

- Electrik/Electronik Meister (Electric/Electronic Master Craftsmen diploma)

A “Meister” is a person who has a master craftsman diploma, which needs to be certified by the official

Subfactor 2 – Course Certification:

The offeror must provide proof, that the contractor or subcontractor completed the two (2) following courses:

Subfactor 3 – Written Confirmation:

The offeror must provide a written confirmation (on the company’s letterhead), signed by an authorized representative, stating that the certified persons (as requested in SubFactor 1 and SubFactor 2) are actually employed by the company. The confirmation must contain the name of the certificate holder and the name of the regarding certificate.

Subfactor 4 - Subcontracting Information.

The offeror shall provide with its quote either:

(a) A statement that all work performed under the contract shall be performed exclusively by the quoter, 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 and explain what work each party will perform under the contract. In addition, the quoter 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. ELIN price schedules, when included in this solicitation shall be completed as well.

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.

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 and ELIN will be recomputed accordingly. The CLIN will also be recomputed to take into account the change in the contract ELINs. If the offeror provides a total amount for an ELIN, but fails to enter the unit price, the total amount divided by the ELIN quantity will be held to be the intended unit price. In the event there is a discrepancy between the ELIN pricing and the CLIN price (SF 1449), the ELIN will be held to be the intended proposal.

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.

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 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 this Contract.

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 within 10 working days after issuance 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.

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)

(End of Summary of Changes)