Solicitation_W91WFU-17-T-0014_Fork_Lifts_DPW_FINAL__10July17.pdf

COMBINED SYNOPSIS/SOLICITATION

GENERAL INFORMATION

Notice Type: Combined Synopsis / Solicitation

Solicitation Number: W91WFU-17-T-0014

Posted Date: 13 July 2017

I. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. Additionally, the Government will utilize simplified procedures in accordance with Subpart 13.5. This announcement constitutes the only solicitation, quotes are being requested and a separate solicitation will not be issued.

II. This solicitation is issued as a Request for Quote (RFQ) in accordance with FAR Part 12 and 13. Submit electronic quotes on RFQ reference W91WFU-17-T-0014.

III. This combined synopsis/solicitation incorporates provisions and clauses in accordance with Federal Acquisition Circular (FAC) 2005-95.

IV. This is a full and open competition without exclusions. Due to the overseas location of this solicitation, no set-aside will be used. The NAICS Code is 423830, “Industrial Machinery and Equipment Merchant Wholesalers”.

V. A list of line item numbers, quantities, and units of measure can be found below in addendum to provision FAR 52.212-1.

VI. This combined synopsis / solicitation is for DPW Roads and Grounds Division for two

(2) new Forklifts – Brand Name or Equal – to Model DFG 435s SP G+E 120-550 DZ meeting the following salient characteristics:

Needs to be able to lift at least 5000mm high Must have a tilt mechanism Must be able to shift left/right Hydraulic system should be low mounted for additional safety Must have a complete enclosed driver cabin Must have vent and heating with blowing system Must have a light system in accordance with German Traffic Regulations Must have a beacon light/flashing light (Orange) Must have 3 headlights at front of cabin

VII. Delivery Date: about 8 weeks after Contract Award. Delivery: FOB Kelley Barracks, Plieninger Strasse, 70567 Stuttgart – Moehringen, Germany.

VIII. The provision 52.212-1, Instruction to Offerors – Commercial items, and the attached addendum applies to this acquisition.

IX. The provision of FAR 52.212-2, Evaluation – Commercial Items, and the attached addendum applies to this acquisition.

X. Offerors should include a completed copy of the provision FAR 52.212-3, Offeror Representations and Certifications – Commercial Items, with their offer.

XI. The clause FAR 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition.

XII. The clause FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Deviation Mar 2015, applies to this acquisition.

XIII. All quotes must be in English language.

XIV. Defense Priorities and Allocations System (DPAS) is not applicable to this procurement.

XV. Responses to this solicitation are due by 26 July 2017, 13:00 PM Central European

Time and should be sent to Stephanie.f.dillon.civ@mail.mil AND Birgit.deluca.LN@mail.mil.

XVI. For any information regarding this solicitation, please contact Stephanie Dillon at Stephanie.f.dillon.civ@mail.mil or Birgit De Luca at Birgit.deluca.LN@mail.mil.

INSTRUCTIONS TO OFFEROR – ADDENDUM TO 52.212-1

1. Paragraph (a) Small business size standard does not apply to this solicitation

2. Paragraph (b) is modified to add the following requirements for submission in response to the solicitation:

a. Instructions for Proposal Submission:

It is the Government’s intent to award without discussions, per FAR 52.212-1(g), offerors are cautioned to examine the solicitation in its entirety and to ensure that their quote contains all necessary information, provides all required documentation, and is complete in all respects.

However, the Government reserves the right to hold discussions.

Any exceptions made to any of the line items and conditions of the offer must be stated in a separate letter of transmittal that is to accompany your quote.

Offers submitted in response to this solicitation must delete, or by explicit language exclude, any conditions (preprinted or otherwise) appearing on the offeror’s letterhead or on the reverse thereof which may be in conflict with any of the general special conditions contained in this solicitation. Failure to eliminate such conflicting conditions may result in rejection of the quote as unacceptable as such offer would not conform to the solicitation.

Late offers will be processed in accordance with FAR 52.212-1(f) “Late submission, modifications, revisions, and withdrawals of offers”

This request does not commit the Government to pay any costs incurred in the preparation and submission of offeror’s proposal/quote 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 for negotiations.

Submit any questions regarding the solicitation by email to Ms. Stephanie Dillon at stephanie.f.dillon.civ@mail.mil AND Birgit.deluca.LN@hotmail.com . All questions must be submitted no later than 5 days prior to the solicitation closing date.

Answers to questions will be posted under the solicitation number on FBO. Offerors are responsible to monitor the website for all notifications.

b. Proposal Preparation:

Quotes must be in the English language.

Quotes shall include pictures and full descriptions of components offered, and specification of components that, as a minimum satisfies the specification in this solicitation. Quotes shall clearly indicate understanding of this requirement and present a functional solution.

Quotes shall not exceed 8 total pages. Offerors are advised to submit quotes that are fully and clearly acceptable without additional explanation of information since the Government may make a final determination as to whether a quote is acceptable or unacceptable solely on the basis of the quote as presented and submitted without requesting any further information.

Evaluation for award. The Government intends to award a contract on an all or nothing basis to the offeror that provides the best value, lowest priced technically acceptable offer. Technical acceptability will be based on a quote for fork lifts that meet the specification and salient characteristics listed on a brand name or equal basis.

All contractors need to have a valid DUNS Number, a NCAGE Code, must be SAM Registered in www.sam.gov and must have a WAWF account in www.wawf.eb.mil to be eligible for award.

Prices/Quotes shall be submitted in Euros but in English language.

a. Proposal Submission:

These submittals shall be reviewed and analyzed by the Government IAW the evaluation criteria listed under 52.212-2 and any associated addendums. The submittal package must be received by the designated date and Central European Time (CET). Fax submittals will not be accepted. The Government shall not be held liable for offers not received. Quotes shall be submitted to:

Stephanie.f.dillon.civ@mail.mil AND Birgit.deluca.LN@mail.mil

EVALUATION – ADDENDUM TO 52.212-2

1. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be the most advantageous to the Government. The award will be based on the Lowest Priced Technically Acceptable (LPTA) best value process.

2. Evaluation: Technical acceptability will be based on a quote for fork lifts that meet the specifications listed on a brand name or equal basis.

Clauses/Provisions

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper 52.204-7 System for Award Management 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-13 System for Award Management Maintenance 52.204-19 Incorporation by Reference of Representations and Certifications 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations 52.212-1 Instructions to Offerors--Commercial Items 52.212-2 Evaluation - Commercial Items 52.212-3 Offeror Representations and Certifications- Commercial Items 52.212-4 Contract Terms and Conditions--Commercial Items 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Deviation 52.214-34 Submission Of Offers in the English Language 52.222-22 Previous Contracts and Compliance Reports 52.222-25 Affirmative Action Compliance 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving 52.225-13 Restrictions on Certain Foreign Purchases 52-225-14 Inconsistency Between English Version And Translation of Contract 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

52.232-33 Payment by Electronic Funds Transfer--System for Award Management 52.232-40 Providing Accelerated Payment to Small Business Subcontractors 52.233-3 Protest after award 52.233-4 Applicable Law for Breach of Contract Claim 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 252.204-7003 Control of Government Personnel Work Product 252.204-7004 Alt A System of Award Management Alternate A 252.204-7015 Disclosure of Information to Litigation support Contractors 252.222-7002 Compliance With Local Labor Laws (Overseas) 252.225-7013 Duty-Free Entry--Basic (Nov 2014) 252.225-7041 Correspondence in English 252.229-7000 Invoices Exclusive of Taxes or Duties 252.229-7002 Customs Exemptions (Germany) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports 252.232-7006 Wide Area Workflow Payment Instructions 252.232-7008 Assignment of Claims (Overseas) 252.232-7010 Levies on Contract Payments 252.233-7001 Choice of Law (Overseas) 252.243-7001 Pricing of Contract Modifications

252-244-7000 Subcontracts for Commercial Items 252.247-7000 Hardship Conditions

52.216-1 TYPE OF CONTRACT (Apr 1984)

The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.

(End of provision)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

www.acquisition.gov

(End of provision)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.acquisition.gov

(End of clause)

252.229-7001 TAX RELIEF (SEPT 2014)

(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government.

The following taxes or duties have been excluded from the contract price:

NAME OF TAX: VAT RATE: 19%

(b) The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.

(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

Combo

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

Government

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC HQ0672

Issue By DoDAAC W91WFU

Admin DoDAAC W91WFU

Inspect By DoDAAC W81MN5

Ship To Code W81MN5

Service Acceptor (DoDAAC) W81MN5

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

Stephanie.f.dillon.civ@mail.mil and Birgit.deluca.LN@mail.mil

Dag.kregenow1.LN@mail.mil

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

Stephanie.f.dillon.civ@mail.mil

Dag.kregenow1.LN@mail.mil

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

5152.204-4005 CONVENTIONAL FORCES EUROPE (CFE) TREATY VERIFICATION INSPECTION (June 2016)

Contractor-owned or controlled structures and containers located on U.S. Government installations are subject to short-notice inspections by CFE treaty inspection teams. The Government will endeavor to provide the Contractor as much notice as possible in the event of such inspections. The contractor shall provide access to such structures and containers at the request of the Government. The Contractor shall report such inspections to the Contracting Officer in writing within ten (10) calendar days of completion of the inspection. Contractor-owned or controlled structures and/or containers on U.S. installations may have to be inspected to comply with the CFE treaty even if Contractor personnel are unavailable to provide access. Any costs borne by the Contractor or any impact on contract performance as a result of the inspection will be a matter of negotiation between the Contractor and the Contracting Officer.

5152.204-4008 BACKGROUND CHECKS—U.S. AND HOST NATION CONTRACTORS (GERMANY) (June

1. U.S. Citizen Contractors that work with or teach youths under the age of 18 years are subject to local and stateside background checks. The activity manager will determine the extent of background checks required. The contractor employee may begin performance of the contract after receiving a favorable local background check. The contractor agrees to replace the employee should results of the stateside background check, if required, be unfavorable as determined by the activity manager. The contractor’s replacement of the employee with the unfavorable background check shall be within a timeframe provided by the activity manager. The contractor also agrees to replace employees whose background check, during their tenure of employment, renders them with an unfavorable local or stateside background check, as determined by the activity manager. Activity managers will forward a copy of each background check, identifying such with the appropriate contract number, to the contracting officer for inclusion in the contract file. When the Government awards a nonpersonal services contract directly to an individual, the failure of said individual to provide a favorable background check would be grounds for termination.

2. Local Nationals and Third Country Nationals Local national and third country national contractors that work with or teach youths under the age of 18 years are subject to background checks as determined by the activity manager. As a minimum prior to beginning performance, local national and third country national contractors will furnish the activity manager a Polizeiliches Fuehrungszeugnis issued within the previous four months. The activity manager will determine the favorability of the Polizeiliche Fuehrungszeugnis. Local nationals and third country nationals agree to the same employee termination provisions as stated for US Citizens (above). A copy of the Polizeiliche Fuehrungszeugnis will be forwarded to the contracting officer with appropriate contract number, for inclusion in the contract file.

5152.225-4001 INSTALLATION CLEARANCE REQUIREMENTS (March 2017)

(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 websites: http://www.409csb.army.mil/library/AER-190-16.pdf and http://www.409csb.army.mil/Library/AER- 190-16-G.pdf.

(e) Below is the responsible Organizational Sponsor & Installation Access Control Office for this contract:

Organizational Sponsor: Dag Kregenow, DPW Roads and Grounds

Location: Kelley Barracks Stuttgart Building No: 3319

DSN Phone No: 421-6280 Commercial Phone No: 0711-729-6280

Installation Access Control Office:

Location: Panzer Kaserne Boeblingen Building No: 2915

DSN Phone No: 431-2875 Commercial Phone No: 07031-15-2875

5152.232-4001 FOREIGN VENDORS REQUESTING PAYMENT VIA ELECTRONIC FUNDS TRANSFER (June

Foreign vendors requesting payment via Electronic Funds Transfer (EFT) shall provide the following information on their invoice at time of invoice submission. Only one EFT instruction per invoice is authorized.

- Bank Name:

- Bank Identification Code (BIC):

- International Bank Account Number (IBAN):

5152.233-4002 AMC-LEVEL PROTEST PROGRAM (June 2016)

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. Send protests (other than protests to the contracting officer) to:

Protest to HQAMC shall be filed at:

Headquarters U.S. Army Materiel Command Office of Command Counsel-Deputy Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Fax: (256) 450-8840 or e-mail: usarmy.redstone.usamc.mbx.protests@mail.mil

Packages sent by FedEx or UPS should be addressed to:

Headquarters U.S. Army Materiel Command Office of Command Counsel-Deputy Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000

The AMC-level protest procedures are found at:

http://www.amc.army.mil/pa/COMMANDCOUNSEL.asp

If Internet access is not available, contact the contracting officer or HQ, AMC to obtain the AMC-Level Protest Procedures.

(End of Provision)