4.02 RFQ N6817125R4005 (Ethiopian Transportation).pdf

SEE ADDENDUM

(No Collect Calls)

N6817125R4005 25-Mar-2025

b. TELEPHONE NUMBER

824-5264

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 09 Apr 2025

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N681719. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

DANIEL J. LEININGER

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVSUP FLC SIGONELLA SITE DJIBOUTI

PSC 831

BOX 0013

FPO AE 09902-0001

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE N4919A 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

CJTF-HOA J4

CURTIS H. JONES

US EMBASSY

ENTOTO STREET

P.O. BOX - 1014

ADDIS ABABA

TEL: +251 91 150 1185 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$32,500,000

NAICS:

485113

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF42

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N6817125R4005

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATEMENT

SUPPLEMENTAL PERFORMANCE WORK STATEMENT (PWS)

Combined Joint Task Force – Horn of Africa (CJTF-HOA) Transportation Services Base Period: 1 May – 30 November 2025

Option Year 1: 1 December 2025 – 30 November 2026 Option Year 2: 1 December 2026 – 30 November 2027 Option Year 3: 1 December 2027 – 30 November 2028

1. General: This is a non-personnel services contract to provide passenger transportation services and vehicles with drivers for the US Government in Addis Ababa, Ethiopia. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items necessary to provide services as described in this PWS.

1.1. Contractor Requirements:

1.1.1. Support Hours. The Contractor must be available to provide services 24 hours a day, seven days a week, 365 days a year. The Contractor shall begin performing these services within 30 minutes of receiving notification from the US Government. Historically, services have typically been required between 0700 and 1800 hours, with frequent transportation to and from the airport extending late into the night.

1.1.2. Daily Utilization. The Contractor shall be capable of driving up to 250 kilometers per day, per vehicle.

Historically, the daily utilization under this contract has been approximately 30 kilometers per day.

1.1.3. Overnight Stays. The Contractor shall be capable of performing overnight trips. All costs associated with drivers’ travel expenses will be provided at no cost to the Government.

1.1.4. Vehicle Log. A vehicle log shall be maintained by the driver for each vehicle to document the vehicle usage each day. The US Government will verify this log daily. A copy of the log shall be provided to the Contracting Officer, upon request, within 24 hours.

1.1.5. Contact. Each driver shall have a cell phone with reliable service throughout all of Ethiopia. The driver shall have the WhatsApp and Signal Messenger applications on their device.

1.1.6. Geographical Limits. The Contractor shall perform services throughout the entirety of Ethiopia.

1.2. Driver Experience and Qualifications:

1.2.1. Drivers shall be familiar with the city of Addis Ababa and be able to navigate within the city limits without the use of a global positioning system (GPS).

1.2.2. All drivers must be able to read, write, speak and understand English to a level that they can effectively communicate with the Government. The drivers shall serve as interpreters in instances where US Government passengers are unable to communicate with other Ethiopian passengers.

1.2.3. Drivers shall have at least 5 years professional driving experience.

1.2.4. Drivers shall assist passengers with the handling and transportation of luggage and military equipment to and from the vehicle. This includes lifting, carrying, and securely stowing items as part of their duties.

1.3. Security Requirements:

1.3.1. Background Checks. All drivers shall be required to pass a US Embassy background check. Drivers that do not pass a background check will be replaced at no cost to the Government within 24 hours of notification.

Inability of Contractor personnel to pass a background check may result in contract termination.

1.3.2. Identity Cards. The Government shall issue identity cards to vetted Contractor personnel. All Contracted personnel shall display identify card(s) at all times while providing services under this contract. These identity cards are the property of the Government. The Contractor is responsible for their return at the end of the contract, when an employee leaves Contractor service, or at the request of the Government. The background check and issuance of ID cards may take up to five (5) weeks.

1.4. Deliverables: The Contractor shall provide the Contracting Officer’s Representative (COR) the following documentation within five (5) days of contract award:

1.4.1. The name, telephone number, and email address of the designated Project Manager who shall be the Contractor’s point of contact. The Project Manager shall be responsible for managing the Contractor’s work under this contract, including delegating requests to drivers along with any instruction required, and ensuring a smooth and effective operation.

1.4.2. The full name, copy of driver’s license, copy of passport, telephone number, and email address of each of the four (4) drivers assigned to this contract (two (2) primary and two (2) alternate).

2. Vehicle Salient Characteristics and Driver Specifications:

2.1. Contractor shall provide vehicles with drivers. All drivers must be fully qualified and possess valid country specific driving licenses. Drivers shall be familiar with local area and conversant in English. In the event the driver is unable to speak English, contractor shall furnish an acceptable solution that shall be decided between the requiring activity, contractor, and authorized ordering officer, at no additional cost to the U.S. Government. An acceptable solution can be, but is not limited to an English-speaking rider in the vehicle which may require a larger vehicle than initially stated to satisfy the number of passengers required to be transported. All vehicles shall be registered, licensed and insured. Contractor are responsible for delivering all cargo and personnel to the correct location on schedule. No individual driver shall be required to drive more than twelve (12) hours straight or more than local labor laws restrict, whichever is lower. Drivers must not have been on-duty within the previous twelve (12) hours or less than local labor laws restrict, whichever is lower.

2.2. Contractor shall provide a Collision Damage Waiver (CDW) for all vehicles. The CDW shall waive the U.S. Government’s (not the hired vehicle drivers) damage responsibility for all of the costs of damage to, loss or theft of, the vehicle or any part or accessory and related costs regardless of fault or negligence. If contractor provide CDW on behalf of rental agency, the U.S. Government shall be subject to the specific requirements of that rental agency’s CDW.

2.3. Contractor shall provide vehicles that have been properly maintained and serviced. If a vehicle does not meet the requirements of this contract as determined by the requesting activities’ representative, the U.S.

Government shall have the right to reject the vehicle for performance of services. Contractor shall ensure that each vehicle is jointly inspected upon delivery of the vehicle at the beginning and return at the end of the rental period by contractor and an authorized representative of the U.S. Government. The U.S. Government shall not consider any claim for damage to a vehicle which has not been inspected.

2.4. Contractor shall provide Global Positioning System (GPS) Unit installed in vehicle. GPS Unit shall be loaded with up-to-date maps of the local area.

2.5. If a vehicle is not operable when required under this contract, contractor shall provide, at no additional expense to the Government, a replacement vehicle within two (2) hours that complies in all respects with this contract.

2.6. Vehicle Specifications, Maintenance, and Malfunctions:

2.6.1. Contractor shall furnish air-conditioned vehicles not more than five (5) years old, in good order and condition and otherwise in full compliance with best commercial practices and local laws and regulations. They shall be equipped with front and back seat belts, an emergency triangle, spare tire, jack, and complete set of tools for changing a flat tire, as well as any other equipment required by local authorities. Upon initial rental, the gasoline tank shall be full.

2.6.2. All vehicles shall be neutral, plain colors with no blemishes, rust, or distinguishing marks.

2.6.3. Contractor shall provide vehicles that have been properly maintained and serviced, including all motor oils, lubricants, antifreeze, coolants, and other fluids such as windshield washer fluid, and shall be responsible for all emergency repairs and services.

2.6.4. Should any vehicle break down while in the U.S. Government’s possession, contractor shall replace it with another vehicle of the same or larger size as quickly as possible, no more than two (2) hours after the breakdown is reported. The replacement shall take place either at the point of breakdown or at contractor’ office closest to that point; whichever is more convenient for the U.S. Government. All repair or replacement costs, including transportation, shall be at contractor’ expense. In addition, contractor shall be liable for any U.S. Government incurred costs because of the breakdown; such as towing, repair costs, and related transportation expenses because contractor was unreachable.

2.6.5. Contractor shall obtain written acknowledgement of vehicle service by an authorized requiring activity representative. The U.S. Government shall not be liable for loss or damage to rented vehicles in any amount regardless of the cost, except where the loss or damage is caused by the willful and wanton misconduct of the U.S.

Government employee.

2.7. Substitution of Vehicles:

2.7.1. If contractor does not have available the type of vehicle ordered and the vehicle has been ordered at least 24 hours in advance, contractor shall substitute a vehicle type equal to or better than the vehicle ordered at the price listed for the type of vehicle originally ordered.

2.7.2. In the case of passenger or cargo vans, there shall be no substitution without the approval of the requiring activity’s representative.

2.8. Insurance and Liability. The prices for vehicle rental services, as set forth in the schedule, shall be subject to the conditions below:

2.8.1. The U.S. Government shall not be liable for loss or damage to rented vehicles in any amount regardless of the cause, except where the loss or damage is caused by the willful and wanton misconduct of the U.S. Government employee.

2.8.2. Contractor and any Subcontractor shall be liable for, and shall indemnify and hold harmless, the U.S.

Government, its agents, and its employees against all actions or claims for loss of or damage to property or the injury or death of persons, resulting from the fault, negligence, or wrongful act or omission of contractor, its subcontractor, its agents, or employees.

2.8.3. Contractor shall provide and maintain at its expense, all vehicle operator's insurance required by the law of the country in which the vehicle is to be operated. All necessary insurance certificates shall be provided with the rental vehicle. Such insurance shall include all coverage required by law for bodily injury, collision, and property damage liability. Contractor shall be liable for, and shall indemnify and hold harmless the U.S. Government, its agents, and its employees, against all actions or claims for loss of or damage to property or the injury or death of persons, within the required policy limits, arising out of or in connection with the rental or use by the U.S.

Government, its agents or its employees of any vehicle under this contract.

2.8.4. Paragraph 2.8.3 shall not be construed as limiting contractor’ liability to the amounts of the required minimum insurance coverage specified therein.

2.8.5. Contractor shall provide vehicles that have been properly maintained and serviced. If a vehicle does not meet the requirements of this contract as determined by the authorized ordering officer, the U.S. Government shall have the right to reject the vehicle for performance of services. Contractor shall ensure that each vehicle is jointly inspected upon delivery of the vehicle at the beginning and return at the end of the rental period by contractor and an authorized representative of the U.S. Government. The U.S. Government shall not consider any claim for damage to a vehicle which has not been inspected.

2.9. Traffic Violations and Fines. Each vehicle operator shall be responsible for payment of fines and legal costs incurred as a consequence of the violations of traffic laws or regulations.

2.10. Contractor shall return all items left in rental vehicles to the requiring activity’s representative.

2.11. Contractor shall provide a vehicle with 15 passenger capacity; air conditioning; minimum 2000 cc engine.

2.11.1. Contractor shall provide a vehicle a Sports Utility Vehicle (SUV) 4-wheel drive vehicle shall have a minimum 4 passengers and a 1600cc engine. 4-wheel drive is a four-wheeled vehicle with a drive train that allows all four wheels to receive torque from the engine simultaneously. The SUV shall have all-terrain tires capable of driving on rural roads in all weather conditions. This includes, but is not limited to, driving through mud, water, fields, trails, etc. This vehicle shall have similar specifications to a Toyota Land Cruiser.

2.12. Unit price shall be inclusive of all vehicle access to the place of performance, all mileage, all necessary equipment, all liability insurance as required by local law, holiday and overtime costs, fuel, tolls, parking fees, all other operating expenses, and all other incidentals.

ADDENDUM TO 52.212-1

Addendum to 52.212-1 Instructions to Offerors - Commercial Products and Commercial Services

1. Failure to comply with the Instruction to Offerors, including failure to submit any of the Mandatory Documentation, may result in the Quoter being determined non-compliant by the Contracting Officer and therefore ineligible for award.

2. The Quoters shall provide a quote, in English, and priced in United States (US) dollars, that shall address all that is listed in this clause. All criteria under this solicitation will be evaluated based on 52.212-2. The Government intends to evaluate quotations and issue a contract award based upon initial quotations received. Therefore, the Quoter’s initial quotation should contain the Quoter’s best terms from a price and technical standpoint. However, the Government reserves the right to request revised quotations from, or negotiate final contract award terms with, one or more Quoters if it is later determined by the Contracting Officer to be necessary. However, the Contracting Officer will not establish a competitive range, conduct discussions, or otherwise utilize the formal source selection procedures described at FAR Part 15. The Government may reject any or all quotations if such action is in the public interest and waive informalities and minor irregularities in quotations received.

3. The Quoter shall submit a quote, in English, that consist of submission of one (1) electronic copy via email.

a. Questions arising from this RFQ must be submitted via email to the Primary Points of Contact identified below and received no later than 0900 hours CET (Central European Time) on 01 April 2025. Answers to Quoters' questions will be answered as an amendment to the solicitation.

b. Submission Due Date/Time: Quotes are required to be received by the Primary Points of Contact, identified below, no later than 1100 hours CET (Central European Time) on 09 April 2025.

c. Use of hyperlinks is strictly prohibited. All documentation will be provided in PDF format using

International/A4 letter style.

d. Point of Contact (POC):

i. Contract Specialist (CS): Major Daniel Leininger by email at daniel.j.leininger.mil@army.mil.

ii. Contracting Officer (KO): Ms. Tedra Thompson by email at tedra.n.thompson.civ@us.navy.mil.

4. Quotes shall be submitted in two (2) separate Volumes identified below:

a. Volume 1 – Mandatory Documentation

b. Volume 2 – Price

5. Volume 1 – Mandatory Documentation. The below requirements for the Mandatory Documentation Volume will not be evaluated and will not receive an assessed rating; rather, the contents of the Mandatory Documents will be addressed and included within the Contracting Officer's responsibility determination. The U.S. Government requires the Quoter submit the following documentation:

a. Signed1449. The Quoter shall complete blocks 17(a) 30(a), 30(b), and 30(c) on the first page of the 1449.

b. Documentation for the primary driver supporting PWS paragraph 1.2.1. This may include proof of residence in Addis Ababa.

c. Documentation for the primary driver supporting PWS paragraph 1.2.2. This may be a written confirmation.

d. Documentation for the primary driver supporting PWS paragraph 1.2.3. This may include any proof of experience, including but not limited to a resume, letters of recommendation, or employment history.

e. Acknowledgment of RFQ amendments, if there are any, by signing the first page of the amendment.

f. Proof of JCCS Registration or proof the quoter has initiated the registration process in JCCS. However, ALL

Non-US Offerors shall be register in the Joint Contingency Contracting System (JCCS) via https://www.jccs.gov/jccscoe/ prior to contract award. Vendors that have not submitted information or have incomplete information, shall not be considered for contract award.

g. Proof of initiating the NATO Commercial and Government Entity (NCAGE) code registration process prior to contract award. NCAGE code can be obtained via https://eportal.nspa.nato.int/Codification/CageTool/home.

h. SAM.gov Registration. The Quoter shall provide proof of current and active registration in the System for Award Management (SAM) website. At a minimum, the Quoter shall provide their Unique Entity Identifier (UEI) so that the contracting office can verify the Quoter’s registration status.

i. Mobilization Schedule. This schedule must be complete and realistic in demonstrating that the Quoter is able to meet the PWS's performance-based requirements within the period of performance. At a minimum, the mobilization schedule shall annotate key personnel travel dates and locations s well as the minimum number of days required to commence work after receipt of contract award. Note: Mobilization schedules which do not meet the performance period as cited in the PWS may be rejected.

6. Volume 2 – Price.

a. Quoter shall enter a 'Unit Price' and total 'Amount' for each CLIN within this RFQ by filling out the SF 1449.

b. Prices quoted shall be in United States Dollars (USD) and shall be valid for at least 90 days from the date of submission. Quotes received in other than USD shall be rejected.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 7 Months 15 Passenger Van with Driver

FFP

See PWS.

FOB: Destination

PSC CD: V222

NET AMT

0002 7 Months SUV with Driver

FFP

See PWS.

1001 12 Months OPTION 15 Passenger Van with Driver

FFP

See PWS.

1002 12 Months OPTION SUV with Driver

FFP

See PWS.

2001 12 Months OPTION 15 Passenger Van with Driver

FFP

See PWS.

2002 12 Months OPTION SUV with Driver

FFP

See PWS.

3001 12 Months OPTION 15 Passenger Van with Driver

FFP

See PWS.

3002 12 Months OPTION SUV with Driver

FFP

See PWS.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-MAY-2025 TO

30-NOV-2025

N/A CJTF-HOA J4

CURTIS H. JONES

US EMBASSY

ENTOTO STREET

P.O. BOX - 1014

ADDIS ABABA

+251 91 150 1185

N4919A

0002 POP 01-MAY-2025 TO

30-NOV-2025

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-DEC-2025 TO

30-NOV-2026

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-DEC-2025 TO

30-NOV-2026

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-DEC-2026 TO

30-NOV-2027

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-DEC-2026 TO

30-NOV-2027

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-DEC-2027 TO

30-NOV-2028

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 01-DEC-2027 TO

30-NOV-2028

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management NOV 2024 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded

JAN 2025

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

SEP 2023

52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2025 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-50 Combating Trafficking in Persons NOV 2021 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.225-26 Contractors Performing Private Security Functions Outside the United States

OCT 2016

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.252-2 Clauses Incorporated By Reference FEB 1998 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

MAY 2024

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.225-7048 Export-Controlled Items JUN 2013 252.232-7006 Wide Area WorkFlow Payment Instructions JAN 2023 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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:

a. Price. The Government will evaluate quotes using price analyses described in FAR 13.106-3 to ensure the price is fair and reasonable. The total evaluated price is the cumulative total value added for all CLINs.

Priced quotes shall support all PWS requirements and will be evaluated for total price, completeness, and reasonableness. A quote whose price is determined to be incomplete or unreasonable will not be considered for award.

(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)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024) ALTERNATE I (FEB 2024)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

"Service-disabled veteran-owned small business (SDVOSB) concern" means a small business concern--

(1)(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

"Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program" means an SDVOSB concern that--

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

"Service-disabled veteran-owned small business (SDVOSB) Program" means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

"Small business concern"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13

CFR 121.103.

"Small disadvantaged business concern, consistent with 13 CFR 124.1001", means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

"Subsidiary" means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

"Veteran-owned small business concern" means a small business concern--

(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ ]

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) SDVOSB concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB concern.

(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture:

(5) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1001.

(6) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

(7) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.

(9) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

(10) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: _________

(11) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(12) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(5) of this provision.)

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation, and

(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American --Supplies, is included in this solicitation.)

(1) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no''.

(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(iv) The terms "commercially available off-the-shelf (COTS) item," "critical component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

Line Item No. Country of origin Exceeds 55% domestic content (yes/no)

[List as necessary]

(3) Domestic end products containing a critical component:

Line Item No.

(4) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)

(i) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product and that each domestic end product listed in paragraph (g)(1)(iv) of this provision contains a critical component.

(B) The terms "Bahraini, Moroccan, Omani, Panamanian, or Peruvian end product,'' "commercially available off-the-shelf (COTS) item,'' "critical component,'' "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."

(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahraini, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."

Free Trade Agreement Country End Products (Other than…