SOL-AMD2_W912PF20Q00540002_UPSMaint_20200813.pdf

0011512748-0001

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

Amendment to: add provisions 52.204-24 and 52.204-26 and update w ith updated 52.212-5; add Questions and Answ ers; make applicable Updates to the solicitation (changes made to Solicitation Attachments list; and Addendum to 52.212-1, B (Volume I and II) and C (numbers 1 and 2) and PWS (changes made to Para. 5.2.2 and 5.2.2.2 only); extend the quote due date; and change the Contract Specialist to SSG How ard.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 45

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

16C. DATE SIGNED

BY 14-Aug-2020

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 W912PF20Q0054

X 9B. DATED (SEE ITEM 11)

29-Jul-2020

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 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

14-Aug-2020

CODE

414TH CSB RCO ITALY

414TH CSB - RCO ITALY

VIA DELLA PACE #197

36100 VICENZA

ITALY

W912PF 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912PF20Q0054

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 24-Aug-2020 10:00 AM to 28-Aug-2020 10:00 AM.

The Issued By organization has changed from

414TH CSB RCO AFRICA

VIA DELLA PACE #197

VICENZA 36100

to

414TH CSB - PARC AFRICA

VIA DELLA PACE #197

VICENZA (VI) 36100

The following have been added by full text:

QUESTIONS AND ANSWERS

Questions and Answers

Nbr Reference Question Answer

PWS Para. 1.4.1 “ISO 14001”

SF1449, page 72, 2.

Volume II (c) “ISO 9001/2015 and ISO 14001/2015 certifications”

We would like to ask if, in order to compete, it is absolutely necessary to have:

ISO 14001 certificate

Yes. Vendor must possess the ISO 14001/2015 certifications as stated in the solicitation.

The requirement for the ISO 9001/2015 will be removed.

SF1449, page 45, Solicitation Attachments

SF1449, page 71, 1.

Volume I (e)

SF1449 Attachment 4

We would like to ask if, in order to compete, it is absolutely necessary to have:

-qualification of contractor operating in areas suspected of pollution or confined spaces (UPS maintenance is actually scheduled in “areas suspected of pollution” or “confined spaces”?)

This is not a requirement for this effort and will be removed.

SF1449, page 45, Solicitation Attachments

SF1449, page 71, 1.

Volume I (e)

SF1449 Attachment 4

One of the requirements is the ‘qualification of contractor operating in areas suspected of pollution or confined spaces’. Will the UPS maintenance actually be performed in “areas suspected of pollution” or “confined spaces”? It seems that the electrical devices would not be installed in confined spaces.

This is not a requirement for this effort and will be removed.

SF1449, page 3 to 11, CLINs

SF1449, PWS

As regard the number of maintenaces per year.

Into selection SF 1449 is declared “12 Months” as quantity/unit of maintenance. At the same time -in part 5/Specific tasks- is

The requirement is for one (1) annual maintenance service for each UPS per year. For payment purposes, the SF1449 divides the required that “the task is to be completed on an annual basis”.

Is it correct to interpret only one maintenance per year as necessary (in addition to any extraordinary maintenance on failure as specified in RFQ)?

annual maintenance effort of all the UPS into 12 months (12 payments).

There is no ‘additional extraordinary maintenance on failure’ unless it falls under the specified Repair Service.

SF1449, page 4 to 12, CLINs

SF1449, PWS

As regard the number of repair services included per year.

Into selection SF 1449 is declared “5 Jobs” as quantity/unit of repair/replace service. At the same time – in part 5/Specific tasks- is required that “it is for up to ten (10) repairs per piece of equipement (per UPS) a year on an as needed basis”.

Do you mean:

A total of 5 repair jobs included /per year /per tipe of site Or Up to 10 repair jobs for each UPS /per year /out of the total of the UPS contracted (as needed)?

The SF1449 has two CLINs (per year) for Repair Services, one for each site. They total 10 repairs. As stated under paragraph 1.4, “repairs services (up to five (5) per year at Ederle and small sites and up to five (5) at Del Din complex)”.

Paragraph 5.2.2 is referring to the total number for all sites for the entire year.

Language added to clarify 5.2.2.

6 SF1449, PWS

As regard the number of repair services included per year.

Will the cost of any needed spare parts (excluding batteries) be considered included in the contract price or can it be quoted separately?

The cost for any needed spare parts (limited to the listed repairs under the PWS paragraph 5.2.2) are to be included in the Firm Fixed- Price for the applicable CLIN. It will not be quoted separately.

7 SF1449, PWS

As regard the number of repair services included per year.

Eventually, if necessary, coul we evaluate the possibility of moving the faulty UPS for repair at our laboratory (in Longare / Vicenza), possibly providing a forklif for the necessary time, in order to better test the functioning?

Yes, it can be moved to the vendor’s location.

Language added to clarify under 5.2.2.

SF1449, page 1, block 8

BetaSAM.gov Posting

SF1449, page 72, C.

Additional Information, 1.

Quote Due

At first page the offer due date is 24 Aug 2020, but at page 72 is required that “transmission of offers in reponse to this RFQ, shall be submitted (…) not later than 17 Augurst 2020 at 10:00 A.M. What is the correct date?

The correct date is the one on the SF 1449 page 1 and listed under the betaSAM.gov posting. Page 72 will be corrected.

SF1449, page 45, Solicitation Attachments

SF1449, page 71, 1.

Volume I (e)

SF1449 Attachment 4

For confined spaces MD103 are you sure it is valid for the tender in question?

W912PF20Q0054. All electrical devices cannot be installed in confined spaces because they could not work

See response under #2.

SF1449, page 71, 1.

Volume I (a) on page 71 paragraph B, point a) you write abot about maintenance, inspection and cleaning of

Language corrected.

purification systems and not UPS (Uninterruptible Power Supply), is it correct?

11 Overall effort

Is valid the Italian public procurement code dec.50 / 2016 art. 105 for the tender in question? In particular, this point:

The subjects entrusted with the contracts referred to in this code may subcontract the works , services or supplies included in the contract, subject to authorization by the contracting station provided that the subcontractor has not participated in the procedure for the award of the contract

The Italian provision is not recognized and the U.S. FAR and DFARS are applicable to this contract action.

PWS Para. 1.4.1 “ISO 14001”

SF1449, page 72, 2.

Volume II (c) “ISO 14001/2015”

Is 14001 necessary for participation in the tender required?

See response under #1.

13 Overall effort If awarded, is it possible to have 2 subcontractors for this contract?

There are no subcontracting limitations as long they meet the requirements specified in the solicitation.

SF1449, page 3 to 11, CLINs

SF1449, PWS

Are the ordinary maintenance operations to be carried out on the UPS 1 per year or one per month?

See response under #4.

Per PWS paragraph 1.6.4.2.1, the contractor shall prepare and maintain a Work Plan. This plan will identify the schedule when the maintenance will be performed for each UPS.

SF1449, page 72, 3.

VOLUME III

In the contract in question you asked to attached in the “past performance” the performance evaluation.

Are you able to give me your FORM?

There is no specific format.

SF1449, page 72, 3.

VOLUME III

Is there also a format for the letter of appreciation?

There is no specific format.

SF1449, page 1, block 8

BetaSAM.gov Posting

SF1449, page 72, C.

Additional Information, 1.

Quote Due

When is the last date for presentation the offer?

17 August 2020 at 10:00 A.M. or 24 August 2020?

See response under #8.

SF1449, page 1, block 8

BetaSAM.gov Posting

SF1449, page 72, C.

Additional Information, 1.

Quote Due

Please confirm the submission due date is scheduled for 24 August 2020 10:00 AM Central European Time, and what stated at page 72 of the this solicitation, paragraph C ADDITIONAL INFORMATION – 1. QUOTE DUE, which provides for that “Transmission of offers in response to this RFQ, shall be submitted as an electronic version in Microsoft Word, or PDF, via email not later than 17 August 2020 at 10:00 A.M.

Central European Time”, is a typographical error.

See response under #8.

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications--Commercial Items.

(a) Definitions. As used in this provision--

Covered telecommunications equipment or services, critical technology, and substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that it [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will'' provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer-

(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (DEC

2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representation. The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (AUG 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub.

L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-4.

____ (13) [Reserved]

____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-6.

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (NOV 2016) of 52.219-9.

____ (iii) Alternate II (NOV 2016) of 52.219-9.

____ (iv) Alternate III (JUN 2020) of 52.219-9.

____ (v) Alternate IV (JUN 2020) of 52.219-9.

____ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (ii) Alternate I (MAR 2020) of 52.219-13.

____ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

____ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAY 2020) (15 U.S.C. 632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28.

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

____ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

____ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).

____ (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

____(28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

____ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

____ (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

____ (ii) Alternate I (FEB 1999) of 52.222-26.

____ (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

____ (ii) Alternate I (JUL 2014) of 52.222-35.

____ (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

____ (ii) Alternate I (JUL 2014) of 52.222-36.

____ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

____ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

X (35)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

____ (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-14.

____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

____ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-16.

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

____ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

____ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (48) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 83).

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (MAY 2014) of 52.225-3.

____ (iii) Alternate II (MAY 2014) of 52.225-3.

____ (iv) Alternate III (MAY 2014) of 52.225-3.

____ (50) 52.225-5, Trade Agreements (OCT 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

____ (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).

____ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

____ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

____ (ii) Alternate I (APR 2003) of 52.247-64.

____ (iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

_____ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

_____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____(7) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).

_____ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xiii) X (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

The following have been modified:

ADDENDUM TO 52.212-1

A. INSTRUCTIONS. The Offeror/Quoter shall provide a written Quote (in English) that must address each of the factors listed on the table below. The only documents that can be submitted in a language other than English is the Certificate of Chamber Of Commerce and mandatory documents. The Quoter shall submit electronic copies of their quotation package via email with the subject line “W912PF20Q0054 – Annual UPS Maintenance and Repairs” to the following points of contacts: SSG Richard Howard / Richard.d.howard69.mil@mail.mil and Ana Rios / ana.r.rios.civ@mail.mil.

Quotation packages must be received no later than the solicitation closing date and time listed on the solicitation.

The Quoter is responsible for verifying that their quotation package was received before the solicitation closing date and time. Only email submissions will be accepted.

Page Limitations and Format. The Offeror’s quotation package shall consist of four (4) volumes. Each respective volume shall comply with the following format and page limitations in accordance with the table below.

Volume Description/Title Page limit I Mandatory Documentation No Page limit II Factor I – Technical Experience* 20 pages III Factor II - Past Performance* 20 pages

IV

Factor III – Price* (Solicitation/Contract/Standard Form 1449) No page limit

*Document Format: Times New Roman, Size 10 Font, single spaced.

Use of hyperlinks is prohibited.

1. All information shall be confined to the appropriate Volume. The Quote shall be prepared clearly and concisely to demonstrate that the Quoter has a complete understanding of the requirements. Quoter shall prepare their quotes on the presumption that the Government has no previous knowledge of the Quoter’s capabilities. Quotes will be evaluated only on the information specifically presented in respective submittals.

2. The term “Quoter” (or Offeror) means an individual firm or a Consorzio. No A.T.I., Joint Ventures or Scarl businesses may participate in this solicitation.

3. Quotes shall not merely repeat to perform work in accordance with the Performance Work Statement (PWS). The PWS reflects the objectives of the program; therefore, repeating the PWS without sufficient elaboration will not be accepted. Offerors that submit generic Quotes risk receiving unacceptable ratings.

4. The cover of each volume shall include the solicitation number, volume number, and firm name, address, Point of Contact (POC), CAGE Code (NCAGE Code) and DUNS number.

NOTE: The Technical Evaluation Board (TEB) will not evaluate pages exceeding the “Page Limits” stated in the Table above ( e.g. Volume II, Description/Title, Factor 1 –Experience, Page Limit – 20 Pages: the 21st + pages will not be evaluated by the TEB).

B. VOLUME CONTENT. Each Volume shall contain the information outlined below:

1. VOLUME I – MANDATORY DOCUMENTATION:

The following documentation shall be submitted with the Offeror’s quote and shall be in accordance with Italian requirements and laws:

a. The Offeror must provide a copy of a Historical Chamber of Commerce Certificate of Membership

(Certificato Storico di Iscrizione alla Camera di Commercio) or equivalent (for foreign companies) not older than 90 days at the time set forth for the receipt of Quotes. Self-certifications are NOT allowed and will be rejected. The business purpose (oggetto sociale) should include but is not limited to: installation, transmission and maintenance of the electrical systems and their equipment/component. In Italian the certification would include: Impianti di produzione, trasformazione, trasporto, distribuzione ed utilizzazione dell'energia elettrica, impianti di protezione contro le scariche atmosferiche, nonche' gli impianti per l'automazione di porte, cancelli e barrier in accordance with

DM 37/08.

b. DURC: The Offeror shall provide with the Quotation a copy NOT older than ninety (90) days from the date for initial receipt of quotation of the DURC (Documento Unico di Regolarità Contributiva). Self- certifications (autocertificazioni) are NOT allowed. The document MUST include the following statement: “Con il presente documento si dichiara che l’impresa RISULTA REGOLARE ai fini del DURC” (“This document declares that the company is regular for the DURC purposes”). Only applicable to Italian Companies.

c. The Quoter must provide Attachment 1 "Self-Certification for Antimafia" duly filled out. Only applicable to Italian Companies.

d. The Quoter shall provide Attachment 3 “Suitability of the contractor”, blocks A and B1), duly filled out.

e. The Quoter shall provide Attachment 4 – Requirement deleted.

f. The Quoter shall provide completed FAR provision certification 52.204-24.

2. VOLUME II - FACTOR I: TECHNICAL EXPERIENCE

a. The Quoter must demonstrate that they have experience in providing relevant projects that are similar to the services required in this solicitation, and completed within three (3) years of the solicitation release date. The Quoters shall provide contract information of at least one (1) but not more than three (3) relevant projects currently being performed, completed or performed within three (3) years of the solicitation release date. Consorzio firms may submit past experience for the firms which have performed work under their consorzio. It is the Quoter’s responsibility to provide period of performance, amount of contract and all relevant data for each contract submitted.

b. It is the Quoter’s responsibility to clearly explain and demonstrate to the Government how its work experience (and the experience of each teaming partner, if applicable) in each submitted project is relevant to the contract requirements in this solicitation.

c. The Quoter shall provide a current copy of ISO 14001/2015 certifications.

d. The Quoter shall provide the Safety certifications (PES) “Persona Esperta” according to CEI 11-27 regulation. Minimum three technicians shall possess PES certifications

3. VOLUME III - FACTOR II – PAST PERFORMANCE

This volume shall contain past performance information regarding similar contracts. The Quoter shall provide contract information of up to three (3) relevant projects completed or performed within three (3) years of the solicitation release date of scope similar to this solicitation. The information shall be presented by completing the Past Performance Questionnaire (Attachment 2 of solicitation), one (1) for each contract. It is the quoter’s responsibility to provide accurate points of contact, current telephone numbers and e-mail addresses for each identified contract. The Quoter is highly encouraged to submit past performance information with evidence of customer satisfaction such as performance evaluation, special commendation, recognition, letters of appreciation, awards of excellence, Offeror’s quality certifications etc.; as long as these references are relevant to the effort set out in this solicitation. Consorzio firms may submit past performance for the firms which have performed work under their consorzio.

4. VOLUME IV - FACTOR III – PRICE

a. Providing Pricing. The Offeror shall provide pricing by filling in the prices on Solicitation Attachment 5

Quote – Price Breakdown, which includes prices for each type of service required (base year and four option years).

b. The Quoter shall also fill out the total amounts for each Contract Line Item Number (CLIN) of SF 1449. The Quoter shall ensure that prices are entered for all CLINs for which space has been provided. Quoter shall enter a unit price and a total price for each CLIN.

c. SINGLE AWARD. The Government intends to make a single award; therefore, Quotes must be submitted for all the line items indicated in the solicitation. No award will be made for less than the full requirements shown in the solicitation. Any Quoter quoting less than all of the solicitation requirements may be excluded from consideration for award if the Contracting Officer elects to make an award without opening discussions.

d. SUBMISSION OF QUOTES IN EUROS currency. Quotes submitted in response to this solicitation will be in terms of EUROS. Quotes received in other than EUROS shall be rejected.

e. QUOTES shall be valid 90 calendar days from the date of submission.

C. ADDITIONAL INFORMATION.

1. QUOTE DUE: Transmission of offers in response to this RFQ, shall be submitted as an electronic version in Microsoft Word, or PDF, via email not later than the date and time specified under the Request for Quotation to the following email addresses: Richard.d.howard69.mil@mail.mil and ana.r.rios.civ@mail.mil

2. QUESTIONS: All questions concerning the solicitation shall be submitted via email to the following addresses Richard.d.howard69.mil@mail.mil and ana.r.rios.civ@mail.mil no later than 10:00 am Central European Time (CET) on 10 August 2020 Answers to Offerors' questions will be posted to betaSAM.gov (under Contract Opportunities) in an amendment to the solicitation as needed.

3. SAM REGISTRATION: to be awarded a Government contract the Offeror MUST:

a. Have a DUNS number (Dun & Bradstreet); Phone: 01-28-455-379;

-American: http://fedgov.dnb.com/webform);

-Italian: https://www.dnb.it

b. Have a CAGE/NCAGE number;

-American Contractor: CAGE code will be generated upon completion of SAM registration.

-Italian Contractor: NCAGE code can be obtained via https://www.siac.difesa.it/tiki/tikiindex.php?page=NCAGE

c. Be registered in the System for Award Management (SAM) website:

(https://www.sam.gov/portal/public/SAM/)

Please ensure that your firm is registered with SAM and that all information is current. If you are not registered or your information is not current, you need to go to https://www.sam.gov/portal/public/SAM/ and fill out a web based application. You must have a DUNS number in order to start this process. If you do not have a DUNS number, you can obtain one at http://www.dnb.com/. It takes two to three business days to receive a DUNS number and two to three business days to receive a CAGE code. Please begin the process as soon as you receive this RFQ in order to speed up the contracting process in the event that you are the winning bidder.

Not being registered in SAM does not preclude the Offeror from submitting a quote. However, the SAM registration shall be valid to be awarded the contract.

ADDENDUM TO 52.212-2

A. This acquisition will be conducted in accordance with FAR Part 12 Acquisition of Commercial Items, FAR 13.5 Simplified Procedures for Certain Commercial Items and as supplemented by agency. Award basis will be Lowest Price Technically Acceptable (LPTA).

The award will be made to the responsible Quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Award will be made to the lowest priced quote that meets or exceeds all the minimum mandatory criteria in the solicitation evaluation factors. No additional merit is given for quotes that exceed the minimum criteria.

Quoters are put on notice that:

a. The non-price factors will be evaluated on an “acceptable/unacceptable” basis.

b. The non-price factors are evaluated for acceptability and not ranked.

c. The term “Quoter” means an individual firm or a Consorzio. No A.T.I., Joint Ventures or Scarl businesses may participate in this solicitation.

d. Tradeoffs are not permitted.

e. The Quoter must provide all required information or the quote will not be considered.

f. In order to be eligible for an award, a quote shall be rated “acceptable” on all non-price factors.

g. Award may be made without discussions. Quoters may be asked to clarify some issues regarding the non-price factors to enhance U.S. Government understanding of them. The Government may enter into discussions in order to cure quote deficiencies or material omissions, and/or otherwise revise the quote.

h. Before awarding, the Government will make a responsibility determination by analyzing whether the apparent successful Quoter complies with the requirements of FAR subpart 9.104.

i. The following factors shall be used to evaluate quotes:

Factor I – Technical Experience Factor II – Past Performance Factor III – Price (SOLICITATION/CONTRACT/STANDARD FORM 1449)

B. EVALUATION APPROACH: Non-price factors are evaluated on an Acceptable/Unacceptable basis, assigning ratings of “acceptable” or “unacceptable” as defined below:

Rating Description

Acceptable Quote meets the requirements of the solicitation

Unacceptable Quote does not meet the requirements of the solicitation

1. FACTOR I: TECHNICAL EXPERIENCE

To be determined acceptable in this factor the Quoter shall provide all of the following:

1. The Quoter must demonstrate that they have experience in providing relevant projects that are similar to the services required in this solicitation, and completed within three (3) years of the solicitation release date. The Quoters must provide contract information of at least one (1) but not more than three (3) relevant projects currently being performed, completed or performed within three (3) years of the solicitation release date. The project submitted shall include a description of the scope, the amount, an explanation of similarity to this project, the completion date, and a client’s point of contact. Consorzio firms may submit past experience for the firms which have performed work under their consorzio.

2. It is the Quoter’s responsibility to clearly explain and demonstrate to the Government how its work experience (and the experience of each teaming partner, if applicable) in each submitted project is relevant to the contract requirements in this solicitation.

2. The Quoter shall provide a current copy of ISO 9001-2008 certification.

3. The Quoter shall provide the Safety certifications (PES) “Persona Esperta” according to CEI 11-27 regulation.

Minimum three technicians shall possess PES certifications

4. FACTOR II – PAST PERFORMANCE

Evaluation: Past performance will be evaluated to determine if the Quoter and any major subcontractors have performed favorably for previous contracts of a similar scope as the services required in this solicitation. The Government will evaluate a Quoter’s past performance to determine if past performance evaluations and all other past performance information reviewed by the Government (see below) reflect a trend of satisfactory performance.

The Quoter’s past performance record must be determined to be acceptable or neutral in order to be considered for award. Quoter(s) must demonstrate successful past performance of the Quoter and any major subcontractors or partnerships as evidenced by information gathered concerning NO MORE than three (3) contracts and subcontracts completed or ongoing within three (3) years from the solicitation release date as identified in Page 1, Block 6 of this solicitation, which are similar to the services requested in this solicitation. Quoter(s) must submit the information as per Attachment 2 (Past Performance Questionnaire) for each of the contracts provided. If there are subcontractors or partnerships, they will be evaluated in the same manner as the Prime. Consorzio firms may submit past performance for the firms which have performed work under their consorzio.

Past performance will be rated on an acceptable/unacceptable basis using the following ratings:

Rating Description

Acceptable

Based on the Quoter’s performance record, the Government has a reasonable expectation that the Quoter will successfully perform the required effort, or the Quoter’s performance record is known (see note below).

Unacceptable

Based on the Quoter’s performance record, the Government does not have a reasonable expectation that the Quoter will be able to successfully perform the required effort.

Note: In the case of a Quoter without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Quoter may not be evaluated favorably or unfavorably on past performance. Therefore, the Quoter shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered acceptable.

i. The Government may consider past performance information from other sources such as: the Quoter's former customers, business associates, federal, state, and local government agencies; the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), or other databases; interviews with Program Managers and Contracting Officers.

ii. While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Quoter.

5. FACTOR III: PRICE (SOLICITATION/CONTRACT/STANDARD FORM 1449)

i. The contract will be a Firm Fixed Price contract. The Government will evaluate price reasonableness for this requirement. The price factor will be evaluated separately from the non-price factors.

ii. A price reasonableness approach will be utilized by the Government to determine that the proposed prices offered are fair and reasonable and that a “buy-in” or unbalanced pricing between CLINs or option periods is not occurring.

iii. The base period and all option years shall be included in the price calculation. Should the Government determine proposed prices are unrealistically low (an indication of “buy-in”), this will be considered a performance risk and may be deemed ineligible for contract award.

iv.