W912PB25R3002 Amendment 0001.pdf

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 answ er questions received from industry, update the Performance Work Statement and evalulation factors for aw ard. See summary of changes.

The point of contact for this amendment is:

Contract Specialist: Sequita Harris

COMM: (+49) 09641-83-8703

DSN: 314-526-8703

Email: sequita.d.harris.civ@army.mil

1. CONTRACT ID CODE PAGE OF PAGES

Y 1 15

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

16C. DATE SIGNED

BY 26-Sep-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 W912PB25R3002

X 9B. DATED (SEE ITEM 11)

20-Sep-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

26-Sep-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:

W912PB25R3002

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:

QUESTIONS

1. Question: General: Request for Site Visit: We would like to visit all the relevant sites. Could you please arrange a date at your earliest convenience?

Answer: Yes, site visit will be Tuesday, 01 October 2024 at 1030. Site visits shall be requested by calling/writing to the contract specialist listed in the face page of the solicitation.

2. Question: PWS – page 6 – 1.10 a Key Personnel: Is it correct that the Contract Manager and Alternate Contract Manager must each hold at least a valid master craftsman's certificate, issued by the German Chair of Crafts?

Answer: Contract Manager or Alternate Contract (PWS revised). These individuals "shall be Certified Electrical Engineers or Master (Meisterbrief) in Electrical Engineering".

3. Question: PWS – page 6 – 1.10 b Key Personnel: Is it correct that all technicians working under the contract must have at least a valid journeyman's certificate as an electrician?

Answer: Yes

4. Question: PWS – page 6 – 1.10 Key Personnel: In accordance with PWS 1.10 a and b, the contract manager and alternate contract manager must have a master craftsman's certificate, and all technicians must have a journeyman's certificate. Do we understand correctly that the contractor must therefore be at least a registered electrical company in the German craftsmen's register?

Answer: 1.10. a und b: No, a contractor may team up with a "subcontractor" whose Project Manager (PM) hold the title Electrical Engineer or Master in Electrical Engineering.

5. Question: PWS – page 10, 11 – 1.24 Authorization to Perform Services in Germany: “Contractors performing services in the Federal Republic of Germany (FRG) shall comply with German law. The Contractor shall determine whether performance requires registration with German authorities or authorization to do business in Germany and, if so, shall comply with all requirements.” Do we understand correctly that the contractor must therefore be a registered specialist company in the ‘electrical installation company’ trade register and be registered and authorized with the energy supplier?

Answer: The contractor or the subcontractor must be a registered certified company to conduct electrical work.

6. Question: PWS – page 17 – 5.2 “Tasks”: A Building Repair schedule shall be submitted to the COR prior the commencement of the work (Deliverable # A013). The schedule shall include the date of the repair, buildings#. Would the government provide specific details as to who is to coordinate the appointments with the person responsible for the building / resident / user?

Answer: After contract award, the Contracting Officer Representative (COR) will provide details in regard to coordinating the appointments.

7. Question: PWS – page 17 – 5.2 “Tasks”: In the event of late cancellation of an appointment, or no show, by the person responsible for the building / resident / user, is there a process in place to compensate the contractor for the time invested?

Answer: No, the contractor should calculate this risk in their proposal.

8. Question: PWS – page 17 – 5.2 “Tasks” b: During repairs, the affected circuits must be switched off in accordance with VDE and the Ordinance on Industrial Safety and Health. Would the government provide specific details as to who the person responsible for switching off the circuits is ("schaltberechtigte Person")?

Answer: The contractor shall coordinate with in-house electric shop leader.

9. Question: General: If the materials previously installed are no longer available on the market (e.g. 1 socket outlet defective in a multiple socket outlet combination), is there a process in place on how the replacement should be handled?

Answer: The contractor and the Government shall agree to an equivalent product.

10. Question: PWS – page 17 -5.2 “Tasks” b: In the solicitation, it is referenced that 5000 outlets per year are to be repaired or replaced, but the Attachment 2 does not provide a full list of said outlets. Will the government provide a comprehensive, up-to-date list of all faulty outlets so we can produce a repair schedule accordingly, as per requirements in 5.2A? Or is there an alternative process in place?

Answer: An updated list of deficient outlets will be provided after contract award.

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

ADDENDUM

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: Sequita Harris at sequita.d.harris.civ@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 W912PB-25-R-3002”

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 this solicitation shall be submitted in writing via email to all email addresses listed above.

The Government request questions be submitted no later than 4 (four) 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 is conducting this procurement utilizing FAR Part 13 simplified acquisition procedures. 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.

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

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 (CERTIFICATION)

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

The Program Manager or Alternate Program Manager must have a certification in Electrical Engineering (Elektro Ingenieur) or Masters (Meisterbrief) in Electrical Engineering. Supporting certifications must be submitted with the offer.

FACTOR 2: SUPPLIER PERFORMANCE RISK (SPRS)

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 3 - PRICE

Offerors shall complete and submit the “Schedule of Supplies/Services” for all contract line items. Attachment 9, ELIN price schedules 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 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__ day 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 will 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)

Army Contract Writing System (ACWS) Transition Information for Contractors

a. The Army Contracting Enterprise (ACE) is in the process of deploying new solicitation and contract writing software to Army contracting offices worldwide. Known as the Army Contract Writing System (ACWS), this modern software suite will soon replace most existing Army contract writing systems, including the system used to create and release this Contract.

b. During this transition period, Contractors are hereby advised:

1. The Contracting Office may use any combination of contract writing systems to generate distributable copies of this contract during its period of performance, as well as any subsequent modifications or orders (if applicable). As a result:

i. Subsequent documents you receive may appear noticeably different than the original award or previous contractual documents from the same Contracting Office.

ii. A change between contract writing systems may cause important information concerning contract terms and conditions to take on different formatting or appear in different parts of later documents issued.

iii. Contractors shall ensure Customer Relationship Management (CRM) systems and personnel interacting with this contract are prepared to identify and respond appropriately to differences between document versions.

2. The Government does not intend to use the shift between contract writing systems to effect any changes to Contract terms and conditions. Therefore:

i. Contractors should view changes to terms or conditions between document versions as system-generated and potentially erroneous unless accompanied by narrative(s) designating such changes as deliberate and desired.

ii. Contractors shall inform the Contracting Officer listed on the first page of the most recent document issued for guidance regarding any suspected or observed inadvertent or system-generated changes (e.g. noticing something missing in a new conformed copy).

iii. The Government will correct any inadvertent or system-generated changes, additions, or omissions discovered by either party, via bilateral modification, at no cost to the Contractor.

iv. The terms and conditions contained in the latest document reflecting deliberate action by the Contracting Officer (e.g. the last conformed copy of the award not affected by the observed issue) will take precedence until these problems are corrected.

3. In the unlikely event award information is corrupted or mutilated during system migration and replacement or re-issuance of this contract is necessary for continued contract administration, the Contracting Officer will:

i. Issue a continuation contract in accordance with DFARS 204.1601(c) and DFARS PGI 204.1601(c), carrying over all terms and conditions from the last-known version of this contract accurately reflecting mutual agreement of the parties.

ii. Incorporate the last-known version of this contract accurately reflecting mutual agreement of the parties as an attachment to the replacement or continuation contract for future reference.

iii. Ensure any such reissuance or continuance is properly reported to preserve the integrity of Contractor performance measurement data, if any (e.g. FAPIIS, CPARS).

LIST OF DOCUMENTS, ATTACHMENTS AND EXHIBITS

1. Performance Work Statement (PWS)

2. Attachment 1 List of Deficiences

3. Attachment 2 Repair Schedule Template

4. Attachment 3 Repair Work Template

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(SEP 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

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

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.

(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.

(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by--

(i) Using the ASSIST feedback module (https://assist.dla.mil/feedback); or

(ii) Contacting the Defense Standardization Program Office by telephone at 571-767-6688 or email at assisthelp@dla.mil.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

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 considere using the lowest price technically acceptable (LPTA) source selection process per FAR 13.106-2. Award will be made on the basis of the lowest total evaluated price (TEP) of proposals meeting the acceptability standards for nonprice factors. After determination of technical acceptability, award will be based on the lowest price technical acceptable proposal. The following factors shall be used to evaluate offers:

1. Technical

2. Supplier Performance Risk

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 (CERTIFICATION)

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.

The Program Manager or Alternate Program Manager must have a certification in Electrical Engineering (Elektro Ingenieur) or Masters (Meisterbrief) in Electrical Engineering. Supporting certifications must be submitted with the offer.

Proposals that do not provide a valid certificate will be deemed unacceptable.

Factor 2: SUPPLIER PERFORMANCE RISK (SPRS)

The Government will consider 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 or Price Risk as described in provision. For purposes of this Risk assessment, the Government will only consider information contained in the Supplier Performance Risk System (SPRS). Any questions or concerns the offeror has concerning its SPRS risk assessment must be addressed as described in paragraph (d) of the provision, prior to proposal due date. The rating will be based on an "Acceptable or Unacceptable" basis.

SUPPLIER PERFORMANCE RISK RATING DESCRIPTION

The rating will be based on an “Acceptable” / “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.

Not having any records in SPRS will not cause an offeror to be ineligible for award.

The site for explanation of colors: https://www.sprs.csd.disa.mil/reference.htm

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.

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

If the Government receives offers in more than one currency, 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.

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. If only one offer is received and it is in a local currency, the local currency proposed and the Government budget rate will be utilized for evaluation purposes.

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.

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).

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.

The Government will evaluate the reasonableness of the offered prices. The Government will NOT evaluate the realism of offered prices. Normally, adequate price competition establishes a fair and reasonable price. Analytical techniques and procedures described in FAR 13.106-3 may be used, singly or in combination with others, to ensure that the price is fair and reasonable.

(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)