This is a combined synopsis/solicitation for natural gas supply. This announcement constitutes the solicitation; proposals are being requested. The solicitation number is: FA5641-14-R-5403 issued as a Request for Proposal (RFP). A. REQUIREMENT: 1. Natural gas supply shall be provided to the following service location: Building 720 at Kaiserslautern-Einsiedlerhof, Germany 2. The contractor shall provide all labor, tools, equipment, material, personnel, supervision, management and financing and shall obtain any licenses or permits required and any other items necessary for the provision of natural gas supply to the aforementioned service location in accordance with the technical description, enclosed as Attachment 1, in English and German language. The contractor shall supply natural gas in accordance with commercial standards, practices and local host nation laws and regulations. Natural gas shall be provided free on board (FOB) Destination for the delivery point in accordance with item F. United States Air Force Europe (USAFE) will not provide logistical support. 3. The natural gas delivered to the service location building 720 at Kaiserslautern-Einsiedlerhof shall be interruptible. The US Government reserves the right to conduct bi-monthly test firings (3 hours duration) using the standby fuel oil system. B. FUNDING: FY14 planning funds are available for this contract. C. PLACE OF PERFORMANCE: Building 720, Kaiserslautern-Einsiedlerhof, Germany. D. ANTICIPATED CONTRACT TYPE: The US Government anticipates to award a fixed-price contract. E. PERIOD OF NATURAL GAS SUPPLY: For the service location at Kaiserslautern-Einsiedlerhof: Contract Period (fixed): 2 years and 4 months separated as follows: Base Period: 1 Jun 2014 - 30 Sep 2014 (4 months) 1st follow-on year: 1 Oct 2014 - 30 Sep 2015 (1 year) 2nd follow-on year: 1 Oct 2015 - 30 Sep 2016 (1 year) F. TECHNICAL DATA/REQUIREMENTS: See Attachment 1, Technical Description for the Supply with Natural Gas for Building 720, Kaiserslautern-Einsiedlerhof. G. OTHER INFORMATION: 1. Actual load profile of the current gas business year for natural gas supply to building 720, Kaiserslautern-Einsiedlerhof is not available. 2. The most current versions of the Ordinance Concerning General Conditions for the Network Connection and its use for the Gas Supply in Low Pressure (Low Pressure Connection Ordinance - NDAV), and the Ordinance Concerning General Conditions for the Primary Delivery of Tariff Customers and the Alternate Supply with Gas from the Low Pressure Net (Basic Gas Supply Ordinance - GasGVV), shall be applied throughout performance of this contract. H. CORRESPONDENCE IN ENGLISH: The Contractor shall submit all contract correspondence to the United States Government in English or with an English translation. I. TAXES: 1. The natural gas price shall be exclusive of any taxes or duties, which the US Government and the Government of the Federal Republic of Germany (FRG) have agreed, shall not be applicable to expenditures made by the US Government in the FRG, or any taxes or duties from which the contractor is exempt under the laws of the FRG. If any such taxes or duties are included in the natural gas price, through error or otherwise, the natural gas price shall be reduced. The appropriate amount shall be listed separately and reduced in the next month's invoice. The treatment of all tax deductions shall be in accordance with the agreements in force at the time between the FRG and the US Government. 2. If for any reason after the date of the agreement, one of the two parties is relieved in whole or in part from the payment of any taxes or dues included in the natural gas price, the natural gas price shall be reduced. The appropriate amount shall be listed separately and reduced in the next month's invoice. J. ACCOUNTING, PAYMENT AND INVOICES: 1. The US Government will pay the amounts for deliveries in the preceding month charged by the contractor on a monthly basis no later than (NLT) 30 days after receipt of a proper invoice. 2. The invoice shall be based on the demand and the actual consumption per month. Cost for the net usage (consumption and maximum offtake for customers with demand metering), metering fee, accounting fee, license fee as well as the gas price (consumption and demand) shall be listed separately on the invoice. In addition, the invoice shall contain the following: - Name and address of contractor - Invoice date - Contract number - Description, quantity, unit of measure, unit price and total price - Name, title, telephone number of point of contact to be notified in case of an incorrect invoice. 3. The US Government will pay by Electronic Funds Transfer (EFT). Payment will be made to: Name of bank: ____________________________ Account owner: ____________________________ Account number: ____________________________ Bank code: ____________________________ SWIFT code: ____________________________ IBAN: ____________________________ (Offeror fill-ins) 4. Payment due dates. The due date for making an invoice payment is as follows: a. The 30th day after the designated office responsible for acceptance of services receives a proper invoice from the contractor. If the office responsible for acceptance of services, fails to annotate the invoice with the actual date of receipt at the time of receipt, the invoice payment due date is the 30th day after the date of the contractor's invoice, provided the designated billing office receives a proper invoice and there is no disagreement over quantity, quality, or contractor compliance with contract requirements. b. Interest penalties that might be due the contractor for late payments. (1) Contractor is not required to separately invoice to request interest penalty amounts. (2) The Government must base the determination of an interest penalty on the actual date of a proper invoice was received. (3) The Government will compute interest penalties in accordance with the Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. These regulations are available via the Internet at http://www.fms.treas.gov/prompt/. 5. The proof of tax exemption (Value Added Tax) shall be provided by a tax relief form ("Abwicklungsschein") attached to each invoice. 6. Invoices shall be addressed to: US Air Force 86 CES/CEAO, Bldg 507 ATTN: Mr. Best 66877 Ramstein-Miesenbach. 7. Payment will be made by: DFAS Limestone DFAS EU, ATTN: AF Kleber Kaserne, Building 3200 67657 Kaiserslautern. K. INVALIDITY OF CONTRACT TERMS: 1. Should any of the terms contained in this contract be or become invalid, the validity of the other terms will not be affected thereby. Both parties agree to replace invalid terms with terms, equal as to the intended technical and economical effect. 2. Changes or additional conditions to this contract are valid if confirmed in writing by both parties. L. TERMINATION OF CONTRACT: 1. The US Government may at any time prior to its expiration date terminate this contract, in whole or in part, within 30 days upon delivery of the termination notice. The termination notice shall be submitted in written format. The contractor shall confirm receipt of the termination notice in writing to the Contracting Officer. The US Government is released from any liability for payment once the termination becomes effective. 2. The US Government may terminate the contract without notice due to the contractor's non-performance of contractual obligations, and will in this case be released from further contractual liability. M. LEGAL SUCCESSOR: 1. The contractor may transfer rights and obligations to a legal successor with the written consent of the Contracting Officer only. This consent may be withheld only if and when the successor does not afford reliable assurance of performing this contract. a. The contractor shall submit to the Contracting Officer three signed copies of the proposed Novation Agreement and one copy each, as applicable, of the following: (1) The document describing the proposed transaction, e.g., purchase/sale agreement or memorandum of understanding. (2) A list of all affected contracts between the transferor and the Government, as of the date of sale or transfer of assets, showing for each, as of that date, the - (i) Contract number and type; (ii) Name and address of the contracting office; (iii) Total dollar value, as amended; and (iv) Approximate remaining unpaid balance. (3) Evidence of the transferee's capability to perform. (4) Any other relevant information requested by the responsible Contracting Officer. b. The contractor shall submit to the Contracting Officer one copy of each of the following documents, as applicable, as the documents become available: (1) An authenticated copy of the instrument effecting the transfer of assets; e.g., bill of sale, certificate of merger, contract, deed, agreement, or court decree. (2) A certified copy of each resolution of the corporate parties' boards of directors authorizing the transfer of assets. (3) A certified copy of the minutes of each corporate party's stockholder meeting necessary to approve the transfer of assets. (4) An authenticated copy of the transferee's certificate and articles of incorporation, if a corporation was formed for the purpose of receiving the assets involved in performing the Government contracts. (5) The opinion of legal counsel for the transferor and transferee stating that the transfer was properly effected under applicable law and the effective date of transfer. (6) Balance sheets of the transferor and transferee as of the dates immediately before and after the transfer of assets, audited by independent accountants. (7) Evidence that any security clearance requirements have been met. (8) The consent of sureties on all contracts listed under paragraph a. of this section if bonds are required, or a statement from the transferor that none are required. 2. In the event the service location, the supplied building is located at, is returned to the FRG, the FRG, reserves the right, after prior coordination with all parties concerned, to take over the rights and liabilities of the US Government of this contract. The date of transfer by the FRG, shall also be coordinated with all parties concerned. N. APPLICATION OF GERMAN LAW, PLACE OF PERFORMANCE AND JURISDICTION, LITIGATION ON BEHALF OF THE GOVERNMENT: 1. This contract will be governed the laws of the Federal Republic of Germany. 2. Place of performance is Kaiserslautern-Einsiedlerhof. The place of jurisdiction for any litigation in the context of this contract in accordance with the German Civil Procedural Code (Zivilprozessordnung) Section 29 (1) is the place of performance. 3. In case of disputes arising from the contract, complaints shall be lodged in accordance with the NATO Status of Forces Agreement and supplementary agreements with the German courts and against the Federal Republic of Germany, which shall conduct the case in its own name in the interest of the US Government. 4. The office representing the Federal Republic of Germany on behalf of the US Government is the Bundesanstalt fuer Immobilienaufgaben (BIMA). O. DISPUTES, CLAIMS: 1. Any dispute or claim an offeror or awardee intends to take to court shall be addressed to the Contracting Officer first for resolution. The Contracting Officer has 60 days to resolve and/or provide a final decision, and then the offeror or awardee may proceed to court after giving such notice of intent. 2. The US Government reserves the right to set-off/withhold payment if there is an issue with a claim against the contractor (e.g. overpayment, damages, etc.). P. CONTRACTING OFFICE: 1. Contract administration will be performed by 764th SPECIALIZED CONTRACTING SQUADRON (SCONS). 2. Postal address and location of the contracting office: 764th Specialized Contracting Squadron (764 SCONS) PKB/Utilities Kapaun Air Station, Geb. 2767 Unit 3024, APO AE 09021 67661 Kaiserslautern, Germany The envelope shall be marked "For Official Business". 3. Technical Representative of the Contracting Officer: The Base Civil Engineer of Ramstein Air Base is designated as "Technical Representative" of the Contracting Officer for accepting services and for confirmation of correctness of invoices for the service location Kaiserslautern-Einsiedlerhof. Q. CONTRACTOR ACCESS TO US AIR FORCE INSTALLATIONS: 1. The Contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation. 2. The Contractor shall process required documentation in due time to comply with required performance periods of the contract by taking into consideration that the controlling authorities require an average of 2 to 3 weeks to issue base access permits. The contractor shall inform all assigned workers that they may be subject to search, at the discretion of the installation commander, when entering or leaving the installation. 3. US Air Force installations. The Contractor shall obtain and complete the base access request forms from Security Forces. Contractors who employ Local Nationals shall deliver the completed forms and required documents directly to the Foreign Nationals screening booth located at the West Gate of Ramstein Air Force Base. US Contractors shall provide the completed forms and required documents to their designated security manager. Security Forces shall be responsible for approval and subsequent authentication and issuance. For each base access request the contractor shall present the following documents: (1) Certificate of Good Conduct, and (2) Completed and signed AE Form 604-1b, Simple Questionnaire for a Simple Security Check. The procedure described above recognizes host nation legislation on privacy of information of a personal nature and the restrictions on disclosure of such information. The Contractor shall for each base pass issued maintain on file the records listed in (1) and (2) above for the period of time at least equal to the base access permit validity period. 4. When work under this contract requires entry to controlled or restricted areas, the Contractor is forewarned that work shall be performed under escort and entry/exit procedures may require up to two hours. The area entry and exit times are at no additional cost to the U.S. Government. Furthermore the Contractor shall provide Security Forces with the following information for vehicles: Make, model, year of manufacture, capacity, type, license number, and insurance policy number. 5. Upon completion or termination of the contract or expiration of the identification passes, the contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office. In addition base passes shall be returned when: a. Permit holder is no longer employed by the contractor. b. Employee has served a sentence or has committed a criminal offense and is subject to proceedings. c. Contracting Officer so directs. 6. Failure to comply with these requirements may result in withholding of final payment. R. ORDER OF PRECEDENCE: In the event of any inconsistencies in this contract, the following order of precedence shall prevail: 1. The wording of this contract. 2. The Attachments in the sequence as listed in this contract. S. PRICE: All data and prices shall be submitted in Euro (€) currency, and for the periods addressed in item E. All prices shall be exclusive of any taxes and dues from which the US Government is exempt under the NATO Statute of Forces Agreement and/or any other agreement between the US Government and the Government of the Federal Republic of Germany (FRG). The proposal shall be submitted in accordance with the price schedule in both Excel and pdf. Format set forth in Attachment 2 comprising: 1. Fixed-price for the service location, comprising-- a. Demand charge per annum per kW, unit price and total amount (if applicable). b. Consumption price per annum per kW, unit price and total amount. c. Standard Energy Surcharge. d. Concession Fee. e. Net usage cost, broken down in the individual cost elements (net usage costs Demand Charge; net usage cost Consumption Price). f. And any other costs associated which shall be considered, shall be listed separately. 2. The offeror shall show/list the amount and description of tax excluded from the natural gas price. T. POINTS OF CONTACT: 1. Ms. Maria Kuper/Contract Specialist Tel.+ 49(0)631-536-7113 Email:
[email protected] 2. Mr. Reinhold Schenkelberger/Contract Specialist Tel. +49(0)631-536-6807 Email:
[email protected] 3. Ms. Ursula Hoermann/Contracting Officer Tel. +49(0)631-536-8326 Email:
[email protected] U. INSTRUCTIONS TO OFFERORS: Offerors are advised to complete item J., paragraph 3 of this solicitation and return with their signed proposal, including the price schedule set forth in Attachment 2 as referenced in item S and the Past Experience information as required in Attachment 3. An offeror must submit proof of responsibility by providing (i) adequate financial resources (e.g. copy of current trade register [Handelsregisterauszug]), and (ii) be registered in SAM (System for Award Management) (e.g. copy of the SAM registration) to be eligible for award. Any questions/inquiries regarding the solicitation shall be submitted via email to all points of contact listed in item T above no later than 4 work days (NLT 16:00 hrs local CET time) after the solicitation release to properly respond prior to the closing date for receipt of proposals. The proposal shall be valid for a period of minimum two (2) working days. V. EVALUATION OF PROPOSALS: The Government will award a commercial Fixed-Price contract for a 2 ¼ year period resulting from this solicitation to the one responsible offeror whose proposal conforming to the solicitation is evaluated to have the lowest fair and reasonable price, is registered and active in SAM with acceptable Past Experience. Lowest price will be determined by adding CLINS 1-18, in Attachment 2, for a total evaluated amount. Proposals will only be accepted in Euro currency. Acceptable Past Experience is demonstrated where the offeror has performed one (1) contract within the last five years of similar scope (approx. 5,200,000 kWh per annum or higher). W. CLOSING DATE FOR RECEIPT OF PROPOSALS: Proposals shall be submitted electronically by email no later than 9 April 2014, 15:00 hrs local time to the following email addresses:
[email protected],
[email protected] and
[email protected] in order to be timely. Late submission will be handled as follows: 1. Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government email inbox addresses designated in the solicitation by the time and date specified above. 2. Any offer, modification, revision, or withdrawal of an offer received at the Government email inbox addresses designated in the solicitation after the exact time and date specified for receipt of offers is "late" and shall not be considered for award. 3. If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government email addresses 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. 4. Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. As the solicitation authorizes email offers, offers may be withdrawn by email received at any time before the exact time set for receipt of offers. X. DISCUSSIONS AND AWARD: 1. DISCUSSIONS: a. The Government intends to evaluate proposals and award a contract without discussions. Therefore, the offeror's initial proposal should contain the offeror's best terms from a price standpoint and submit all required documents. However, if during the evaluation period, it is determined to be in the best interest of the Government to hold discussions, the Government may open discussions with the offerors consistent with the evaluation criteria in item V. above. Discussions may be opened to resolve any potential mistakes contained in the offeror's proposal, to clarify or revise pricing, or any other aspect of the proposals that may lead to a better understanding of the offeror's proposals. b. By submitting a proposal to the Government the offeror has agreed to all terms and conditions included in this solicitation. c. The offeror who receives the award shall provide a German translation of the contract upon request at no additional cost to the US Government. d. Any questions or concerns on this solicitation may be directed to Ms Maria Kuper at 0631-536-7113, Ms Uschi Hoermann 0631-536-8326 or Mr Reinhold Schenkelberger 0631-536-6807. 2. AWARD: a. Award will be made to the responsible offeror whose offer conforming to this solicitation will be most advantageous to the Government, price and other factors considered. The Government will select the lowest price offeror who is registered and active in SAM with acceptable Past Experience. The following factors shall be used to evaluate offers: Price and Past Experience Step 1 - The Government will first evaluate all proposals for price, ranking the offerors from lowest to highest total evaluated price. Step 2 - The lowest price proposal will be evaluated for Past Experience. If the lowest priced offeror's Past Experience is "Unacceptable," the next low offeror's Past Experience proposal will be evaluated, continuing until an "Acceptable" Past Experience rating is determined. Step 3 - Award will be made to the offeror with the lowest fair and reasonable price with acceptable Past Experience. ____________________________________________ _______________ Signature and Name/Title of Person authorized to sign Date Company Name Attachments: 1. Technical Description for the Supply with Natural Gas (in English and German) 2. Price Schedule 3. Past Experience