W912PB-24-R-3009 SAM 31 Amendent 1 final.pdf

0012047465

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

The purpose of this amendment is to prove aqnsw ers to Request for information for solicitation.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 12

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

16C. DATE SIGNED

BY 24-Jan-2024

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912PB24R3009

X 9B. DATED (SEE ITEM 11)

08-Jan-2024

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X 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

25-Jan-2024

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:

W912PB24R3009

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

ADDENDA

ADDENDA

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 not authorized.

Courtesy Translation:

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

FAX Übermittlung ist nicht möglich.

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

Contract Specialist: Derrick Reynolds, derrick.l.reynolds2.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-24-R-3009 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) Mailed (paper) proposals are not preferred; however, might be also accepted.

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

Format and Content: Failure to submit the information requested below may result in the offeror’s proposal being technically unacceptable. 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 (to include the CAGE Code), 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. (if required) 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.

Additional Explanation:

XX. Tax on Certain Foreign Procurements - Excise Tax Withholding.

A. If the Offeror represents it is a foreign person in response to the provision at FAR 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation, then—

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full two (2) percent of each payment.

B. The clause at DFARS 252.229-7014, Full Exemption from Two-Percent Excise Tax on Certain Foreign Procurements, will be included in any resulting contract if the contractor represents that it is a foreign person in response to the provision at FAR 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation, and the contractor indicates that it is fully exempt from the tax for reasons cited on its IRS Form W-14.

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 A: Lead Instructor/Instructor Experience: Documentation shall be provided clearly demonstrating that the Lead Instructor (1) and other three (3) Instructors have at as a minimum, have at least six (6) months experience within the past ten (10) years in the area of expertise required to instruct Small Arms Maintenance, serving as a Unit Armorer, or working in some other professional capacity that requires the management of an arms room and unit and field level maintenance and repair of a variety of handheld, shoulder-fired and crew- served weapons or should have at least two (2) years of experience as an arm's room maintenance supervisor.. For each instructor, a letter of commitment along with their resume and at least one reference shall be provided. A letter of commitment along with their resume and at least one reference shall be provided, for each instructor. Offerors must explain how the duties listed on the resumes are relevant to the work to be undertaken under the PWS and tie the individual's experience to the PWS’ experience requirements. In addition, the letter of commitment must be signed by the instructor, confirming their intention to serve in the stated position at contract award. Substitutions of the lead instructor or training instructors may not be made without the prior consent of the government. Finally, the government may, but is not required, to contact the reference provided.

Subfactor B: Supplier Performance Risk.

The offeror shall submit their Commercial Government Entity (CAGE) code in Block 17 of the SF 1449. This CAGE code will be used by the Government to access Supplier Performance Risk information.

FACTOR 2 – SUBCONTRACTING:

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 3 – PRICE:

Offerors shall complete and submit the “Schedule of Supplies/Services” for contract line items.

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 as required without taxes and duties for which the U.S. Government is exempt and including all shipping charges, FOB Destination to Germany. Failure to do so may be a cause for the proposal to not be considered for award.

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

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

Paragraph (c) - Period for Acceptance of Proposals is changed to read:

The offeror agrees to hold the prices in its proposal firm for 90 calendar days from the date specified for receipt of proposals.

Paragraph (f) Late submissions, modifications, revisions, and withdrawals of offers.

Paragraph (f)(1) of this provision is amended to read:

Offerors are responsible for submitting proposals, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation (See Blocks 8 & 9 on page 1). "Local Time" means Central European Time (or Central European Summer Time, as appropriate).

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

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

Addendum to Clause 52.212-4:

Paragraph (a) Inspection/Acceptance: Inspection and acceptance will be performed at the address, shown elsewhere in this Contract.

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

Addendum to Clause 52.212-4 – Alternate I:

All Fill-ins throughout this clause are NOT APPLICABLE.

DELIVERY REQUIREMENTS

The Government requires deliveries/services to commence within 1 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 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" 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) Attachment 2: Program of Instruction (POI) -This is a copy of the FY22 schedule and is for information purposes only.

Attachment 3: Incidental Property

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. Subcontracting

3. Price

Award will be made on the basis of the lowest evaluated price of proposals 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 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 subfactors below:

Subfactor A – Lead Instructor/Instructor Experience: The offeror shall provide a (1) Lead Instructor and three

(3) other instructors who shall have at have at least six (6) months experience within the past ten (10) years in the area of expertise required to instruct Small Arms Maintenance, serving as a Unit Armorer, or working in some other professional capacity that requires the management of an arms room and unit and field level maintenance and repair of a variety of handheld, shoulder-fired and crew- served weapons or should have at least two (2) years of experience as an arm's room maintenance supervisor. A letter of commitment along with the resume and at least one reference shall be provided. The documentation will be evaluated to ensure that it demonstrates that the Lead Instructor and other Instructors have the requisite experience, and it explains how the duties listed on the resumes are relevant to the work to be undertaken under the PWS and how it ties to the individual's experience to the PWS's experience requirement. In addition, the letters of commitment will be evaluated to ensure that they are signed by the instructor and that they have confirmed their intention to serve in the stated position at the time of contract award.

An offer is considered "UNACCEPTABLE" if any of the documentation as required above for Subfactor A is not provided or if our evaluation determines that the documentation provided does not meet the requirements delineated in the evaluation criteria.

Subfactor B - Supplier Performance Risk: The Government will evaluate Risk in accordance with the provision at DFARS 252.204-7024, Notice of the Use of the Supplier Performance Risk System. The Government will consider Supplier Risk as described in the provision. The Government will NOT consider Item Risk 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 assessment must be addressed as described in paragraph (d) of the provision.

Subfactor B Rating Description: The rating will be based on an "Acceptable or Unacceptable" basis. The following definitions will be used to assign the rating:

Acceptable: Offeror has a Supplier Risk Score of Green, Purple, Blue, or Black.

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

Factor 2 Subcontracting:

Offeror must provide 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 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.

An offer will be determined to be technically unacceptable if it does not include the required subcontracting information.

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 3 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 and Clause 52.217-8 in accordance with paragraph (b) Options below.

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

If more than one offer is received and the offers are in different currencies, the Government shall use the daily exchange rate of the solicitation closing date to convert local currency offers into U.S. Dollar for evaluation purposes. In this case, evaluation of foreign currency offers will be in accordance with FAR clause 52.225-17.

If only one offer is received or multiple offers are received in the same local currency, the currency proposed will be utilized for evaluation purposes. 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. The Government WILL NOT evaluate proposed prices for realism.

(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)

(End of Summary of Changes)