VESSEL FUEL DELIVERY
Added: Dec 16, 2016 5:34 pm The United States Army Corps of Engineers Vicksburg District (MVK) has a requirement to furnish and deliver up to $24,000 of #2 off road diesel fuel to the M/V Fred Lee and the crane barge that accompany this vessel and $24,000 of #2 off road diesel fuel to the M/V Strong and the crane barge that accompany this vessel as described in the Statement of Work. This is a combined synopsis/solicitation for commercial Services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation number for this requirement is W912EE-17-T-0003 and will be issued as a RFQ. This solicitation document and incorporated provisions and clauses are those in effect tough Federal Acquisition Circular (FAC) 2005-87. FAR clause 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition. Please include a completed copy of the provision at 52.212-3, Alt 1, Offeror Representations and Certifications. This is a total Small business set-aside. The NAICS code is 324191 and the applicable Small Business Size Standard is 750 employees. System for Award Management (SAM) applies as required by FAR 4.1102. Offerors must be registered in SAM prior to award. Lack of registration in the SAM database will make an offeror ineligible for award. Information on SAM registration & Representations and Certifications can be obtained at https://www.sam.gov/portal/public/SAM/#1. Please check fbo.gov frequently for any updated changes that may occur. Point of contact for this solicitation is Velma Grant at Velma.Grant@usace.army.mil. Please submit quotes by 20 Dec 2:00PM CST.PROPOSAL COVER PAGEUS Army Corps of Engineer, Vicksburg District Contracting Division4155 Clay Street Room 120Vicksburg, MS 39180W912EE-17-T-0003, Fuels for M/V Strong & M/V Fred LeeSubmitted byOfferor Name:Offeror Address:Offeror Address Cont'd:Cage Code:DUNS Number:TIN:Email Address:Signature:INSTRUCTIONS TO OFFERORS U.S. Postal:Vicksburg DistrictU.S. Army Corps of EngineersATTN: Velma Grant4155 Clay Street Vicksburg, MS 39183-3435Delivery Service: (UPS, FED EX, ETC.) Vicksburg DistrictU.S. Army Corps of EngineersATTN: Velma Grant4155 Clay Street Vicksburg, MS 39183-3435 Section B - Supplies or Services and PricesAMOUNTFuel, Furnish and DeliverFFPThe vender shall provide all plant, labor, equipment, materials, and supplies necessary to furnish and deliver up to $24,000 of #2 off road diesel fuel to the M/V Fred Lee and the crane barge that accompany this vessel as described in the Specifications of the Statement of Work.FOB: Destination NET AMT AMOUNTFuel, Furnish and DeliverFFPThe vender shall provide all plant, labor, equipment, materials, and supplies necessary to furnish and deliver up to $24,000 of #2 off road diesel fuel to the M/V Strong and the crane barge that accompany this vessel as described in the Specifications of the Statement of Work.FOB: Destination NET AMT Section C - Description and SpecificationsSTATEMENT OF WORK (SOW) STATEMENT OF WORKVESSEL FUEL DELIVERYSCOPE. The vender shall provide all plant, labor, equipment, materials, and supplies necessary to furnish and deliver up to $24,000 of #2 off road diesel fuel to the M/V Fred Lee and the crane barge that accompany this vessel and $24,000 of #2 off road diesel fuel to the M/V Strong and the crane barge that accompany this vessel. All fuel shall be delivered by truck and transferred to the vessels as they are located at docks or locks and dams within the Red River and Ouachita/Black Navigation Systems in Louisiana and Arkansas. The range of delivery may encompass locations from Boggs Lock and Dam to Waggoner Lock and Dam on the Red River. The range of delivery may encompass locations from Jonesville Lock and Dam to Thatcher Lock and Dam on the Ouachita/Black River. Also fuel shall be delivered to Vicksburg MS. Fuel shall be delivered in increments averaging 5,000 gallons per shipment or as needed. The location list below indicates possible river delivery locations relative to the nearest city or town: The fuel will be delivered starting the January 2017 tu December 2017.RED RIVER OUACHITA/BLACKBoggs Lock and Dam Marksville, LA Jonesville Lock and Dam Jonesville, LAOverton Lock and Dam Alexandria, LA Columbia, Lock and Dam Columbia, LACentral Maintenance Colfax, LA Central Maintenance Monroe, LA Long Lock and Dam Coushatta, LA Felsenthal Lock and Dam Huttig, ARWaggoner Lock and Dam Seveport, LA Thatcher Lock and Dam Strong, AR Other Locations Include Vicksburg Harbor Vicksburg MS Veterans Employment Emphasis for U.S. Army Corps of Engineers ContractsIn addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:Federal Veteran employment information at http://www.fedshirevets.gov/index.aspx Department of Labor Veterans Employment Assistance http://www.dol.gov/vets/Department of Veterans Affairs-VOW to Hire Heroes Act http://benefits.va.gov/vow/Army Wounded Warriors Program- http://wtc.army.mil/modules/employers/index.htmlU.S. Chamber of Commerce Foundation-Hiring Our Heroes http://www.hiringourheroes.org/ Guide to Hiring Veterans-Reference Materialhttp://www.whitehouse.gov/sites/default/files/docs/white_house_business_council_-_guide_to_hiring_veterans_0.pdf QUALITY ASSURANCE SURVEILLANCE PLAN (QASP) FORContract: Contractor:1. PURPOSE. This QASP is a Government developed and applied document used to ensure that the Contractor performs all requirements of the Contract/Order, that the Government receives quality services, and that the Government pays only for services actually provided. The QASP provides a systematic method to evaluate the services the contractor is required to furnish.2. SCOPE. The Contractor is responsible for management and quality control necessary to perform the required services. The QASP provides for the Government's oversight of the Contractor's quality control efforts to assure timely, responsive services are provided IAW the Contract/Order. The contractor is responsible for management and quality control actions to meet the terms of the contract. The role of the Government is to perform quality assurance to ensure contract standards are achieved.3. ROLES AND RESPONSIBILITIES.Contracting Officer (KO): A duly appointed individual with the authority to enter into, administer and terminate contracts on behalf of the Government. Only the KO can legally commit the Government and, as the Government's agent, modify the Contract/Order. The KO is the final authority for determining adequacy of the Contractor's performance. KO decisions arising under or relating to the contact are final.Contracting Officer's Representative (COR) - An individual designated in writing by the KO to perform specific technical and administrative functions within the scope and limitations of their written appointment (e.g., surveillance of Contractor's performance, accept services). The COR is not empowered to make any contractual commitments or authorize any changes to the order/contract or in any way obligate additional funds by the Government; such authority rests solely with the KO.4. METHODS OF SURVEILLANCE. Simplified methods of surveillance will be used by the Government to evaluate contractor performance. The primary methods of surveillance are periodic inspections and/or customer feedback. Periodic Inspections - Periodic Inspections could be a onetime evaluation of contractor performance for short duration contracts or for services that occur over a number of months, the COR will perform an inspection on a monthly basis and upon completion of the services. Periodic Inspection could be COR on-site inspection or the use of objective quality evidence such as customer feedback or trusted contractor supplied performance data.Customer Feedback - Customer feedback is typically obtained via telephone or email. Telephonic customer complaints must be followed up in writing/email. The customer complaint must clearly articulate the nature of the complaint, time, date, etc. The COR will investigate the complaint; if determined valid, the COR will advise the KO and the Contractor of the deficiency. Copies of valid complaints and the resolution must be retained in the official contract file.5. QUALITY ASSURANCE (QA) SURVEILLANCE TASKS.a. The COR will perform surveillance on all services required of the contractor either tough periodic inspection or the use of objective quality evidence (i.e. customer feedback or evaluation of contractor supplied performance data), and will ensure all required services of the Contract/Order are properly executed.b. The COR will immediately report any noted contractual deficiencies to the Contractor and the KO, to include date, specific contract requirement, deficiency, request for contractor corrective action and suspense date. When Contractor contractual performance deficiencies are noted increased periodic inspections will take place to assure contract compliance.c. The COR will re-inspect services that were found deficient. Failure to complete corrective actions will be reported immediately to the KO for further action.d. Upon satisfactory completion of the work, the COR will accept the services provided and authorize payment, by approving the Contractor's invoice in Wide Area Workflow.6. DOCUMENTATION. When services are provided IAW the Contract/Order it is not uncommon for a low dollar value and low complexity and/or duration service to be performed without any remedial actions required by the Government. Based on the low dollar value and the low complexity and/or duration of the Contract/Order, documentation will be kept to a minimum. Documentation of COR surveillance of contractor performance can be as simple as a memo for record as long as it includes date, type of surveillance, what was observed and results. The COR must forward all records they maintained to the KO after accepting the Contractor's services for use in the event of a future contract claim/dispute. Section E -Inspection and AcceptanceINSPECTION AND ACCEPTANCE TERMSSupplies/services will be inspected/accepted at:CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY0001 Destination Government Destination Government0002 Destination Government Destination Government Section F - Deliveries or PerformanceDELIVERY INFORMATIONCLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC0001 POP 01-JAN-2017 TO N/A PR W2R9 ENDIST VICKSBURG W807PM31-DEC-2017 SEE SCHEDULE4155 CLAY STVICKSBURG MS 39180-3435FOB: Destination0002 POP 01-JAN-2017 TO N/A (SAME AS PREVIOUS LOCATION) W807PM31-DEC-2017 FOB: Destination Section I - Contract ClausesCLAUSES INCORPORATED BY REFERENCE52.202-1 Definitions NOV 201352.204-7 System for Award Management JUL 201352.204-13 System for Award Management Maintenance JUL 201352.212-3 Offeror Representations and Certifications -Commercial Items OCT 201652.222-38 Compliance with Veterans' Employment Reporting requirements FEB 201652.222-55 Minimum Wages under Executive Order 13658 DEC 201552.223-10 Waste Reduction Program MAY 201152.232-11 Extras APR 198452.232-39 Unenforceability of Unauthorized Obligations JUN 201352.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 201352.233-4 Applicable Law for Breach of Contract Claim OCT 200452.237-2 Protection Of Government Buildings, Equipment, And Vegetation APR 1984252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013252.204-7003 Control of Government Personnel Work Product APR 1992252.204-7004 Alt A System for Award Management Alternate A FEB 2014252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DEC 2015252.232-7010 Levies on Contract Payments DEC 2006252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel JUN 2013252.243-7001 Pricing Of Contract Modifications DEC 1991252.247-7023 Transportation of Supplies by Sea APR 2014252.247-7024 Notification of Transportation Of Supplies By Sea MAR 2000CLAUSES INCORPORATED BY FULL TEXT52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:XX Award shall be made on the basis of the lowest evaluated price of offers that meet or exceed the acceptable standards for non-price factors.(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.(End of provision) 52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (MAY 2015)(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to therequirements of this contract. The Government reserves the right to inspect or test any supplies or services that havebeen tendered for acceptance. The Government may require repair or replacement of nonconforming supplies orre-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performancewill not correct the defects or is not possible, the Government may seek an equitable price reduction or adequateconsideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights(1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in theitem.(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result ofperformance of this contract to a bank, trust company, or other financing institution, including any Federal lendingagency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makespayment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights toreceive payment under this contract.(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of theparties.(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613).Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal oraction arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause atFAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently withperformance of this contract, pending final resolution of any dispute arising under the contract.(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrencebeyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or thepublic enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics,quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shallnotify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or anyexcusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with allreasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of suchoccurrence.(g) Invoice.(1) The Contractor shall submit an original invoice and tee copies (or electronic invoice, if authorized) to theaddress designated in the contract to receive invoices. An invoice must include-(i) Name and address of the Contractor;(ii) Invoice date and number;(iii) Contract number, contract line item number and, if applicable, the order number;(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped onGovernment bill of lading;(vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent;(viii) Name, title, and phone number of person to notify in event of defective invoice; and(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if requiredelsewhere in this contract.(x) Electronic funds transfer (EFT) banking information.(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice,the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitationprovision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for AwardManagement, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management),or applicable agency procedures.(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office ofManagement and Budget (OMB) prompt payment regulations at 5 CFR part 1315.(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents againstliability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, anyUnited States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided theContractor is reasonably notified of such claims and proceedings.(i) Payment.-(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to thedelivery destinations set forth in this contract.(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.3903) and prompt payment regulations at 5 CFR part 1315.(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for theappropriate EFT clause.(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date ofthe invoice. For the purpose of computing the discount earned, payment shall be considered to have been made onthe date which appears on the payment check or the specified payment date if an electronic funds transfer paymentis made.(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that theGovernment has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-(i) Remit the overpayment amount to the payment office cited in the contract along with a description of theoverpayment including the-(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) ofoverpayment);(B) Affected contract number and delivery order number, if applicable; (C) Affected contract line item or subline item, if applicable; and(D) Contractor point of contact.(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.(6) Interest.(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simpleinterest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be theinterest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under thecontract.(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if-(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debtwithin 30 days;(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timelinespecified in the demand for payment unless the amounts were not repaid because the Contractor has requested aninstallment payment agreement; or(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer(see 32.607-2).(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the finaldecision shall identify the same due date as the original demand for payment.(v) Amounts shall be due at the earliest of the following dates:(A) The date fixed under this contract.(B) The date of the first written demand for payment, including any demand for payment resulting from a defaulttermination.(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the duedate and ending on-(A) The date on which the designated office receives payment from the Contractor;(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payableto the Contractor.(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of theFederal Acquisition Regulation in effect on the date of this contract.(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies providedunder this contract shall remain with the Contractor until, and shall pass to the Government upon:(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.destination.(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, orany part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop allwork hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subjectto the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentageof the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate tothe satisfaction of the Government using its standard record keeping system, have resulted from the termination.The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for thispurpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractorshall not be paid for any work performed or costs incurred which reasonably could have been avoided.(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the eventof any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or failsto provide the Government, upon request, with adequate assurances of future performance. In the event oftermination for cause, the Government shall not be liable to the Contractor for any amount for supplies or servicesnot accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided bylaw. If it is determined that the Government improperly terminated this contract for default, such termination shallbe deemed a termination for convenience.(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to theGovernment upon acceptance, regardless of when or where the Government takes physical possession.(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit foruse for the particular purpose described in this contract.(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable tothe Government for consequential damages resulting from any defect or deficiencies in accepted items.(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executiveorders, rules and regulations applicable to its performance under this contract.(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relatingto officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118,Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedencein the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice,Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any licenseagreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of thisclause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.(t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor isresponsible during performance and tough final payment of any contract for the accuracy and completeness of thedata within the SAM database, and for any liability resulting from the Government's reliance on inaccurate orincomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required toreview and update on an annual basis from the date of initial registration or subsequent updates its information inthe SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alterthe terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whicheveris shown on the contract), or has transferred the assets used in performing the contract, but has not completed thenecessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractorshall provide the responsible Contracting Officer a minimum of one business day's written notification of itsintention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractormust provide with the notification sufficient documentation to support the legally changed name.(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to performthe agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or changeof-name agreement, the SAM information that shows the Contractor to be other than theContractor indicated in the contract will be considered to be incorrect information within the meaning of the"Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, inthe SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment ofClaims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor'sSAM record that indicates payments, including those made by EFT, to an ultimate recipient other than thatContractor will be considered to be incorrect information within the meaning of the "Suspension of payment"paragraph of the EFT clause of this contract.(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAMaccessed tough https://www.acquisition.gov.(u) Unauthorized Obligations.(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract issubject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument oragreement, that includes any clause requiring the Government to indemnify theContractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:(i) Any such clause is unenforceable against the Government.(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clauseby virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similarlegal instrument or agreement is invoked tough an ``I agree'' click box or other comparable mechanism (e.g.,``click-wrap'' or ``browse-wrap'' agreements), execution does not bind the Government or any Government authorized end user to such clause.(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorizedby statute and specifically authorized under applicable agency regulations and procedures.(v) Incorporation by reference. The Contractor's representations and certifications, including those completedelectronically via the System for Award Management (SAM), are incorporated by reference into the contract. (End of Clause) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OREXECUTIVE ORDERS--COMMERCIAL ITEMS (JUN 2016)(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which areincorporated in this contract by reference, to implement provisions of law or Executive orders applicable toacquisitions of commercial items:(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).(3) 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 hasindicated 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) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), 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 (Oct 2015) (41 U.S.C. 3509).____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)XX___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).___ (5) [Reserved]___ (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).XX___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred,Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41U.S.C. 2313).____ (10) [Reserved]____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a)._____ (ii) Alternate I (NOV 2011) of 52.219-3.____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).____ (ii) Alternate I (JAN 2011) of 52.219-4.____ (13) [Reserved] _XX_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).____ (ii) Alternate I (NOV 2011).____ (iii) Alternate II (NOV 2011).____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).____ (ii) Alternate I (Oct 1995) of 52.219-7.____ (iii) Alternate II (Mar 2004) of 52.219-7.____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)).____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).____ (ii) Alternate I (Oct 2001) of 52.219-9.____ (iii) Alternate II (Oct 2001) of 52.219-9.____ (iv) Alternate III (Oct 2015) of 52.219-9.____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).____ (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (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 (NOV 2011) (15U.S.C. 657f).____ (22) 52.219-28, Post Award Small Business Program Re-representation (July 2013) (15 U.S.C. 632(a)(2)).____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (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 (Dec 2015) (15 U.S.C. 637(m))._XX_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755)._____(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2016) (E.O. 13126).XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)._XX_ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246)._XX_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212)._XX_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793)._XX (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212)._ XX (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _XX_ (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O.13627).____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to theacquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)____ (35)(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 ofcommercially available off-the-shelf items.)____ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693).____ (38) (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.____ (39)(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.____ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).____ (41)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015)(E.O.s 13423 and 13514).____ (ii) Alternate I (Jun 2014) of 52.223-16._XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).____ (43) 52.223-20, Aerosols (June, 2016) (E.O. 13693).____ (44) 52.223-21, Foams (June, 2016) (E.O. 13693).____ (45) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).____(46) (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. ____ (47) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).XX (48) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ____ (49) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013)(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).____ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150____ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).____ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10U.S.C. 2307(f)).____ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f))._XX_(54) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (July 2013) (31U.S.C. 3332).____ (55) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (July 2013) (31 U.S.C. 3332).____ (56) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).____ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).____ (58)(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.(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) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)._XX_ (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67)._____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67)._____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67)._____ (5) 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)._____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts forMaintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67)._____ (7) 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). _XX_(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658)._____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792)._____ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).(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 teshold, 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 otherevidence 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, theContractor 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 (Oct 2015) (41 U.S.C. 3509).(ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.(iii) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required inaccordance with paragraph (l) of FAR clause 52.222-17.(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).(v) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).(ix) 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.(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xi) XX (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (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).(xii) 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.)(xiii) 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)(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).(xv)52.222-55, Minimum Wages under Executive Order 13658 (Dec 2015) (E.O. 13658).(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.(xviii) 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)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):http://farsite.hill.af.mil/(End of clause)252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS(JUNE 2012)(a) Definitions. As used in this clause-(1) Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal Acquisition Regulation.(2) Electronic form means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.(3) Payment request means any request for contract financing payment or invoice payment submitted by theContractor under this contract. (4) Receiving report means the data required by the clause at 252.246-7000, Material Inspection and Receiving Report.(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/.(c) The Contractor may submit a payment request and receiving report using other than WAWF only when-(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronicsubmission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer's determination with each request for payment;(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System);(3) DoD makes payment for rendered health care services using the TRICARE Encounter Data System (TEDS) as the electronic format; or(4) When the Government-wide commercial purchase card is used as the method of payment, only submission of the receiving report in electronic form is required.(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payments requests.(End of clause)
W912EE-17-T-0003 Department of the Army Corps of Engineers Engineering District Middle East
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