NGas Supply to KL E'hof, KMCC, CTS and GOQ Geilenkirchen

This is a combined synopsis/solicitation for natural gas supply issued by Air Force Installation Contracting Agency (AFICA)/764th Specialized Contracting Squadron (SCONS). This announcement constitutes the solicitation; proposals are herewith requested. The solicitation number is: FA5641-19-R-5400 issued as a Request for Proposal (RFP). A. REQUIREMENT 1. Natural gas supply shall be provided to the following six (6) service locations: - Building (Bldg.) 86 at Kaiserslautern-Einsiedlerhof, Germany; - Bldg. 720 at Kaiserslautern-Einsiedlerhof, Germany; - Bldg. 742 at Kaiserslautern-Einsiedlerhof, Germany; - Bldg. 3336 at Ramstein Air Base, Germany; - Bldg. 682 at Landstuhl Maintenance Site Construction & Training Squadron (CTS), Germany; - GOQ at Heinsberger Strasse 14, 52511 Geilenkirchen, Germany. 2. The Contractor shall provide all labor, tools, equipment, material, personnel, supervision, management and financing, shall obtain any licenses or permits required and any other items necessary for the provision of natural gas supply to the aforementioned service locations in accordance with the technical description, enclosed as Attachment (Atch) 2A - 2F, in the English language only. 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. The United States (US) Government will not provide logistical support to the Contractor. 3. The natural gas delivered to the service locations Bldg. 86 and Bldg. 720 at Kaiserslautern-Einsiedlerhof shall be interruptible with "Registered Demand Metering". The US Government reserves the right to conduct bi-monthly test firings (3 hours duration) using the standby fuel oil system at those buildings. The natural gas delivered to the service locations Bldg. 3336 at Ramstein Air Base and Bldg. 682 at Landstuhl Maintenance Site CTS shall be continuous with "Registered Demand Metering". The natural gas supply to Bldg. 742 at Kaiserslautern-Einsiedlerhof, as well as to the GOQ at Geilenkirchen shall be continuous with "Standard Load Profile". B. FUNDING Planning funds are available for this contract. C. PLACES OF PERFORMANCE Building 86 at Kaiserslautern-Einsiedlerhof, Germany Building 720 at Kaiserslautern-Einsiedlerhof, Germany Building 742 at Kaiserslautern-Einsiedlerhof, Germany Building 3336 at Ramstein Air Base, Germany Building 682 at Landstuhl Maintenance Site CTS, Germany GOQ at Heinsberger Stra'e 14, Geilenkirchen, Germany D. ANTICIPATED CONTRACT TYPE The US Government anticipates to award a fixed-price contract with economic price adjustment for the net costs. Note: The US Government reserves the right to award (a) multiple contracts; or (b) one (1) consolidated contract to one (1) Contractor for the six (6) places of performance (as listed in paragraph C. above) if it is in the best interest of the US Government. Explanation: (a) Multiple contracts: Awarding one or more contracts to one or more Contractors (Variant 1 addressed in Atch 1 - Price Schedule) (b) Consolidated contract: Awarding one contract to one Contractor (Variants 2 and 3 addressed in Atch 1 - Price Schedule) Variants: The prospective offerors shall provide prices for three (3) variants as shown in the Atch 1 - Price Schedule. VARIANT 1: Provide a Unit Price for each Service Location you will/can supply as shown in paragraph E below (award of multiple contracts) VARIANT 2: Provide one Unit Price for all 6 Service Locations as shown in paragraph E below (award of a consolidated contract) VARIANT 3: Provide one Unit Price for all 6 Service Locations for the entire contract length (4 years) (award of a consolidated contract with one unit price only) E. PERIOD OF PERFORMANCE 01 January 2020 (Fiscal Year (FY) 20) through 01 January 2024 (FY 2024) - 4 years - as follows: Base Period (1 year): 01 January 2020, 6:00 a.m. through 01 January 2021, 5:59 a.m. 1st Follow-on Period (1 year): 01 January 2021, 6:00 a.m. through 01 January 2022, 5:59 a.m. 2nd Follow-on Period (1 year): 01 January 2022, 6:00 a.m. through 01 January 2023, 5:59 a.m. 3rd Follow-on Period (1 year): 01 January 2023, 6:00 a.m. through 01 January 2024, 5:59 a.m. F. TECHNICAL DATA/REQUIREMENTS See Atch(s) 2A - 2F, Technical Descriptions for the supply with Natural Gas to all six (6) service locations. G. OTHER INFORMATION TO OFFERORS 1. See Atch 3 for prior year load profiles for natural gas supply to Bldg. 86 and Bldg. 720 at Kaiserslautern-Einsiedlerhof, Bldg. 3336 at Ramstein Air Base and Bldg. 682 at Landstuhl Maintenance Site CTS. Note: For bldg. 742 at Kaiserslautern-Einsiedlerhof and the GOQ at Heinsberger Stra'e 14, Geilenkirchen no load profile is available as those are Standard Load Profile service locations. 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) dated 01 November 2006, 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) dated 26 October 2006, shall be integral parts of the contract. 3. The service locations Bldg. 86, Bldg. 720 and Bldg. 742 at Kaiserslautern-Einsiedlerhof are connected to the natural gas net of Stadtwerke Kaiserslautern. Service locations Bldg. 3336 at Ramstein Air Base and Bldg. 682 at Landstuhl Maintenance Site CTS are connected to the natural gas net of Stadtwerke Ramstein. Service location GOQ at Geilenkirchen is connected to the natural gas net of Regionetz GmbH. 4. In addition to any other terms contained in this combined synopsis/solicitation, the following terms and conditions apply; offerors are advised to complete the necessary fill-ins where applicable: H. CORRESPONDENCE IN ENGLISH The Contractor shall submit all contract correspondence to the US Government in English or with an English translation. I. TAXES 1. The natural gas price shall be exclusive of any taxes or dues, which the US Government and the US 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 dues from which the Contractor is exempt under the laws of the FRG. If any such taxes or dues have been 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 being 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 past month charged by the Contractor on a monthly basis no later than (NLT) 30 days after receipt of a proper invoice. 2. A separate invoice shall be prepared for each service location as listed in paragraph C. above. 3. The Contractor will provide monthly invoices for the customers with registered demand metering ("Registrierende Leistungsmessung"/RLM) (Bldg. 86, Bldg. 720 at Kaiserslautern-Einsiedlerhof, Bldg. 3336 at Ramstein Air Base and Bldg. 682 at Landstuhl Maintenance Site CTS) and two (2) invoices for the customers with a standard load profile ("Standardlastprofil"/SLP) (Bldg. 742 at Kaiserslautern-Einsiedlerhof and GOQ Geilenkirchen): one invoice effective 31 December and one invoice effective 30 September of the respective year. This action will be at no cost to the US Government. 4. 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. 5. 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) 6. 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) The Contractor is not required to separately invoice to request interest penalty amounts. (2) The US Government must base the determination of an interest penalty on the actual date a proper invoice was received. (3) The US 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/. 7. The proof of tax exemption (Value Added Tax) shall be provided by a tax relief form ("Abwicklungsschein") attached to each invoice. 8. a. Invoices for Bldg. 86, Bldg. 720, Bldg. 742 at Kaiserslautern-Einsiedlerhof, Bldg. 3336 at Ramstein Air Base and Bldg. 682 at Landstuhl Maintenance Site CTS) shall be addressed to: US Air Force 86 CES/CEN, Bldg./Geb. 573 Ramstein Air Base/Flugplatz Ramstein 66877 Ramstein, Germany b. Invoices for GOQ Geilenkirchen shall be addressed to: Base Civil Engineer 52 CES/CEIAR Ms. Bastanipour Bldg./Geb. 119 Spangdahlem Air Base/Flugplatz Spangdahlem 54529 Spangdahlem 9. Payments will be made by: DFAS Limestone 27 Arkansas Road Limestone, ME 04751 10. Liaison office in case of payment issues and for processing of VAT forms: 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 economic 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 terminate performance of this contract in whole or in part at any time prior to its expiration date, if considered in the best interest of the Government. The Contracting Officer shall terminate by delivering to the Contractor a Notice of Termination 30 calendar days prior to the effective date. 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 US Government, as of the date of sale or transfer of assets, showing for each, as of the 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 US 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 b of this clause 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, or in case of the leased housing, to the real property owner, the FRG, or in case of the leased housing, the real property owner, 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, or in case of the leased housing, the real property owner, shall also be coordinated with all parties concerned. N. APPLICATION OF GERMAN LAW, PLACE OF PERFORMANCE AND JURISDICTION, LITIGATION ON BEHALF OF THE US GOVERNMENT 1. This contract will be written under the laws of the Federal Republic of Germany. 2. Places of performance are Bldg. 86, Bldg. 720 and, Bldg. 742 at Kaiserslautern-Einsiedlerhof, Bldg. 3336 at Ramstein Air Base, Bldg. 682 at Landstuhl Maintenance Site CTS and the GOQ at Geilenkirchen. 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 future contract, plaints 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. NOTE: The office representing the Federal Republic of Germany on behalf of the US Government will be displayed in the actual contract. 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 (SCONS) Utilities Unit 3187, Geb. 413 APO AE 09094-3187 66877 Ramstein-Miesenbach Deutschland 3. a. Technical Representative of the Contracting Officer for Kaiserslautern-Einsiedlerhof, Ramstein Air Base and Landstuhl Maintenance Site CTS: 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 aforementioned service locations. b. Technical Representative of the Contracting Officer for Geilenkirchen: The Base Civil Engineer Spangdahlem Air Base is designated as the Technical Representative of the Contracting Officer for accepting services and for confirmation of correctness of invoices for the service location GOQ Geilenkirchen. 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. (a) US Air Force installations. The Contractor shall obtain and complete the base access request forms from Security Forces at Ramstein Air Base. 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 foreseen above recognizes host nation legislation on privacy of information of a personal nature and the restrictions on disclosure of such information. For each base pass issued, the Contractor shall 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. (b) Other than US Air Force installations. The Contractor shall comply with documentation and information request and procedures mandated by the controlling authority Security Forces. 4. When work under this contract requires entry to controlled or restricted areas, the Contractor is forewarned that work shall be performed under escort. The area entry and exit procedures may last up to two hours. The area entry and exit times are at no additional cost to the US Government. Concerning Contractor vehicles, 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 subsequently been served sentence or has committed a criminal offense and is subject to proceedings. (c) Contracting Officer so directs. 6. The Contractor's failure to comply with these requirements may result in withholding of final payment by the US Government. R. REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS 1. Definition. "Covered DoD official," as used in this clause, means an individual that- (a) Leaves or left DoD service on or after January 28, 2008; and (b)(1) Participated personally and substantially in an acquisition as defined in 41 U.S.C. 131 with a value in excess of $10 million, and serves or served- (i) In an Executive Schedule position under subchapter II of chapter 53 of Title 5, United States Code; (ii) In a position in the Senior Executive Service under subchapter VIII of chapter 53 of Title 5, United States Code; or (iii) In a general or flag officer position compensated at a rate of pay for grade O-7 or above under section 201 of Title 37, United States Code; or (2) Serves or served in DoD in one of the following positions: program manager, deputy program manager, procuring contracting officer, administrative contracting officer, source selection authority, member of the source selection evaluation board, or chief of a financial or technical evaluation team for a contract in an amount in excess of $10 million. 2. The Contractor shall not knowingly provide compensation to a covered DoD official within 2 years after the official leaves DoD service, without first determining that the official has sought and received, or has not received after 30 days of seeking, a written opinion from the appropriate DoD ethics counselor regarding the applicability of post-employment restrictions to the activities that the official is expected to undertake on behalf of the Contractor. 3. Failure by the Contractor to comply with paragraph (b) of this clause may subject the Contractor to rescission of this contract, suspension, or debarment in accordance with 41 U.S.C. 2105(c). S. 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 Atch(s) in the sequence as listed in this contract. T. OTHER CONDITIONS Unless specified otherwise, all statements in the contract refer to the calorific value of natural gas (Hs). U. PRICE All data and prices shall be submitted in Euro () currency, separated as follows and for the period addressed in item E. above. 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 FRG) and inserted into the respective column in Atch 1 - Price Schedule. The proposal shall be submitted in accordance with the price schedule in both Excel and .pdf format set forth in Atch 1 - Price Schedule, including the fixed consumption unit price per kWh for each service location (Variant 1) or all service locations (Variants 2 and 3) over the contract period. The Offeror shall provide the unit price per kWh with five (5) decimal places rounded. All surcharges are fixed per the respective laws and price sheets of the individual net operator. Current prices have been inserted into Atch 1 and cannot be modified in the price sheets. Information for Offerors: The Offeror shall NOT fill out the sheet "Overview", as it contains references automatically transferring the data after insertion in the respective follow-on sheets. The Offeror shall only fill out the violet marked fields as shown in the sheets for Variant 1 (TAB "V1-Bldg 86 - SWK net", "V1-Bldg 720 - SWK net", "V1-Bldg 742 - SWK net", "V1-Bldg 3336 - SW RM net", "V1-Bldg 682 - SW RM net" and "V1-GOQ - Regionetz"), Variant 2 (TAB "V2-Consolidation") and Variant 3 (TAB "V3-Consolidation-one price"). V. POINTS OF CONTACT 1. Ms. Antje Veit/Contracting Officer Tel. +49(0)6371-405-7861 Email: antje.veit.de@us.af.mil 2. Ms. Lola Bauch/Contracting Officer Tel. +49(0)631-536-7026 Email: lola.bauch.1.de@us.af.mil 3. Ms. Corinna Christmann/Contract Specialist Tel. +49(0)6371-47-7165 Email: corinna.christmann.de@us.af.mil W. INSTRUCTIONS TO OFFERORS Offerors shall return the following documents with their signed proposal/solicitation document: 1. The completed item J, paragraph 5 (bank account information) of this solicitation. 2. The price schedule set forth in Atch 1, as referenced in item U (Only the consumption price shall be inserted on each sheet. All surcharges are fixed per law and in accordance with the respective net operator price sheets and cannot be modified by the prospective offeror). 3. The Past Experience Information as required in Atch 4 to this solicitation. 4. Copy of the current trade register excerpt (Handelsregisterauszug) for adequate financial resources. Any questions/inquiries regarding the solicitation shall be submitted via email to all points of contact listed in item V. above no later than 5 work days (NLT 14:00 hrs local Central European Time) after the solicitation release to properly respond prior to the closing date for receipt of proposals. The proposal shall be valid for up to 4 hours. X. EVALUATION OF PROPOSALS The US Government will award a commercial fixed-price contract for 4 years resulting from this solicitation to one or multiple responsible offerors whose proposal conforming to the solicitation is evaluated to have the lowest fair and reasonable price with acceptable Past Experience. Lowest price will be determined by adding the CLINS as addressed in Atch 1, for a total evaluated amount. The US Government will only accept proposals denominated in Euro currency. The US Government will determine an offeror to have acceptable Past Experience where the offeror has performed 1 contract within the last 5 years of similar scope (approx. 7,500,000 kWh per annum or higher). Y. CLOSING DATE FOR RECEIPT OF PROPOSALS Offerors shall submit their proposal electronically by email to each of the following email addresses: antje.veit.de@us.af.mil, lola.bauch.1.de@us.af.mil and corinna.christmann.de@us.af.mil no later than 02 July 2019, 12:00 p.m. (noon) Central European Time. 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 US Government office designated in the solicitation by the time specified in paragraph Y. above. 2. (a) Any offer, modification, revision, or withdrawal of an offer received at the US Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-- (1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the US Government infrastructure not later than 12:00 p.m. one working day prior to the date specified for receipt of offers; or (2) There is acceptable evidence to establish that it was received at the US Government installation designated for receipt of offers and was under the US Government's control prior to the time set for receipt of offers; or (3) If this solicitation is a request for proposal, it was the only proposal received. (b) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the US Government, will be considered at any time it is received and may be accepted. 3. If an emergency or unanticipated event interrupts normal US Government processes so that offers cannot be received at the US Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent US 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 US 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 electronical offers , offers may be withdrawn electronically via email received at any time before the exact time set for receipt of offers. Z. DISCUSSIONS AND AWARD 1. DISCUSSIONS (a) The US 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 US Government to hold discussions, the US Government may open discussions with the offerors consistent with the evaluation criteria in item X. 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 US Government the offeror has agreed to all terms and conditions included in this solicitation. 2. AWARD Award will be made to the responsible offeror whose offer conforming to this solicitation will be most advantageous to the US Government, price and other factors considered. The US Government will select the lowest price offeror with acceptable Past Experience. The following factors shall be used to evaluate offers: Price and Past Experience Step 1 - The US 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 Atch(s) Atch 1 Price Schedule Atch 2A - 2F Technical Descriptions in English Atch 3 Load Profiles for Bldg. 86, Bldg. 720 at KL-Ehof, Bldg. 3336 at RAB and Bldg. 682 at Landstuhl Maintenance Site CTS Atch 4 Past Experience Documentation