Atch 3 Applicable Clauses_Provisions.pdf

FA561320R0002

Attachment 3, Applicable Clauses & Provisions

PROVISIONS/CLAUSES INCORPORATED BY REFERENCE

CLAUSE NO. CLAUSE TITLE YEAR-MO SECTION

VARIATION

NAME DATE

252.201-7000 Contracting Officer's Representative 1991-12 SEC G 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 SEC I 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 SEC I 252.203-7005 Representation Relating to Compensation of Former DoD Officials. As prescribed in 203.171-4(b), insert the following provision:

2011-11 SEC K

252.204-7003 Control of Government Personnel Work Product. 1992-04 SEC I 252.204-7004 Antiterrorism Awareness Training for Contractors. 2019-02 SEC I 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 2016-10 SEC I 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident

Reporting.

2016-10 SEC I

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 SEC I 252.205-7000 Provision of Information to Cooperative Agreement Holders 1991-12 SEC I 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the

Government of a Country that is a State Sponsor of Terrorism.

2019-05 SEC I

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors. 2018-01 SEC L 252.222-7002 Compliance with Local Labor Laws (Overseas). 1997-06 SEC I 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous

Materials.

2014-09 SEC I

252.225-7041 Correspondence in English. 1997-06 SEC I 252.225-7042 252.225-7043

Authorization to Perform Antiterrorism/Force Protection for Defense Contractors Outside the United States.

2003-04 2015-06

SEC K

SEC I

252.225-7048 Export-Controlled Items. 2013-06 SEC I 52.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.

2019-04 SEC I

252.229-7000 Invoices Exclusive of Taxes or Duties 1997-06 SEC I 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12 SEC G 252.232-7008 Assignment of Claims (Overseas). 1997-06 SEC G 252.232-7010 Levies on Contract Payments. 2006-12 SEC I 252.233-7001 Choice of Law (Overseas). 1997-06 SEC I 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 SEC I 252.243-7001 Pricing of Contract Modifications. 1991-12 SEC I 252.243-7002 Requests for Equitable Adjustment. 2012-12 SEC I 252.244-7000 Subcontracts for Commercial Items 2013-06 SEC I 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements-Representation.

2017-01 SEC I

52.204-16 Commercial and Government Entity Code Reporting. 2016-07 SEC I 52.204-18 Commercial and Government Entity Code Maintenance. 2016-07 SEC K 52.204-7 System for Award Management. 2018-10 SEC I 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 SEC I 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. 1984-04 SEC I 52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10 SEC I 52.212-1 Instructions to Offerors-Commercial Items. 2018-10 SEC F 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain

Federal Transactions.

2007-09 SEC I

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. 2010-10 SEC I 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform

Employees of Whistleblower Rights.

2014-04 SEC I

52.203-3 Gratuities. 1984-04 SEC I

52.204-13 System for Award Management Maintenance. 2018-10 SEC I 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. 2011-05 SEC I 52.204-9 Personal Identity Verification of Contractor Personnel. 2011-01 SEC L 52.223-10 Waste Reduction Program. 2011-05 SEC I 52.229-6 Taxes-Foreign Fixed-Price Contracts. 2013-02 SEC I 52.232-18 Availability of Funds. 1984-04 SEC I 52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 SEC I 52.233-3 Protest after Award. 1996-08 SEC I 52.237-1 Site Visit. 1984-04 SEC L 52.242-13 Bankruptcy. 1995-07 SEC I

ADDENDUM TO FAR 52.212-4, CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS

(OCT 2018). Paragraph (k) "Taxes" is deleted in its entirety.

NOTICE OF PRE-PROPOSAL CONFERENCE

(a) A pre-proposal conference will be conducted at 721 APS, Bldg 3333, 66877 Ramstein Air Base, in the conference room (room # 153) on 26 Jun 2020 at 09:30 hrs for the purpose of answering questions regarding this solicitation, with a site visit to follow afterwards. Offerors shall be at the Visitor Center, Ramstein Air Base, West Gate, at 9:00 hrs for access to the military base.

(b) Submit the names of all attendees (not to exceed two per company) to the following points of contact: Ms.

Caterina Rothhaar, email caterina.rothhaar.de@us.af.mil and Ms. Erika Voss-Elsaesser, email erika.voss_elsaesser.1.de@us.af.mil, not later than 23 Jun 2020. This information must be provided in advance in order to ensure access to the military base/conference site and adequate seating for the conference attendees.

(c) Offerors are requested to submit questions to the points of contact noted above not later than the day preceeding the preproposal conference/site visit. Information provided at this conference shall not qualify the terms and conditions of the solicitation and specifications. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of solicitation amendments shall apply.

d) The pre-proposal conference slides and questions/answers will be posted after the meeting.

PROVISIONS/CLAUSES IN FULL TEXT

CLAUSE

NO.

CLAUSE TITLE (MONTH

YEAR)

VARIATION

NAME DATE

CLAUSE TEXT

52.204-22 Alternative Line Item Proposal. (JAN 2017)

(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

(End of provision)

(End of Clause)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (DEC 2019)

The Offeror shall not complete the representation in this provision if the Offeror has represented that it does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision-

Covered telecommunications equipment or services, critical technology, and substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing-

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for covered telecommunications equipment or services.

(d) Representation. The Offeror represents that it [_] will, [_] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it will provide covered telecommunications equipment or services, the Offeror shall provide the following information as part of the offer-

(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of Provision)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019)

(a) Definitions. As used in this clause-

"Covered foreign country" means The People's Republic of China.

"Covered telecommunications equipment or services" means-

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

"Critical technology" means-

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

"Substantial or essential component" means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph

(c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.

(c) Exceptions. This clause does not prohibit contractors from providing-

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

52.204-26 Covered Telecommunications Equipment or Services-Representation. (DEC 2019)

(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.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for covered telecommunications equipment or services.

(c) Representation. The Offeror represents that it [_] does, [_] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

252.215-7008 Only One Offer. (JUL 2019)

(a) Cost or pricing data requirements. After initial submission of offers, if the Contracting Officer notifies the Offeror that only one offer was received, the Offeror agrees to-

(1) Submit any additional cost or pricing data that is required in order to determine whether the price is fair and reasonable or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C. 2306a and FAR 15.403-3); and

(2) Except as provided in paragraph (b) of this provision, if the acquisition exceeds the certified cost or pricing data threshold and an exception to the requirement for certified cost or pricing data at FAR 15.403-1(b)(2) through (5) does not apply, certify all cost or pricing data in accordance with paragraph (c) of DFARS provision 252.215-7010, Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data, of this solicitation.

(b) Canadian Commercial Corporation. If the Offeror is the Canadian Commercial Corporation, certified cost or pricing data are not required. If the Contracting Officer notifies the Canadian Commercial Corporation that additional data other than certified cost or pricing data are required in accordance with DFARS 225.870-4(c), the Canadian Commercial Corporation shall obtain and provide the following:

(1) Profit rate or fee (as applicable).

(2) Analysis provided by Public Works and Government Services Canada to the Canadian Commercial Corporation to determine a fair and reasonable price (comparable to the analysis required at FAR 15.404-1).

(3) Data other than certified cost or pricing data necessary to permit a determination by the U.S. Contracting Officer that the proposed price is fair and reasonable: N/A.

(4) As specified in FAR 15.403-3(a)(4), an offeror who does not comply with a requirement to submit data that the U.S. Contracting Officer has deemed necessary to determine price reasonableness or cost realism is ineligible for award unless the head of the contracting activity determines that it is in the best interest of the Government to make the award to that offeror.

(c) Subcontracts. Unless the Offeror is the Canadian Commercial Corporation, the Offeror shall insert the substance of this provision, including this paragraph (c), in all subcontracts exceeding the simplified acquisition threshold defined in FAR part 2.

252.229-7001 Tax Relief. (SEP 2014) Alternate I 2014-09

(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractors government. The following taxes or duties have been excluded from the contract price:

| NAME OF TAX: __Value Added Tax__ || RATE (PERCENTAGE): __19%__

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

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

(d) Tax relief will be claimed in Germany pursuant to the provisions of the Agreement Between the United States of America and Germany Concerning Tax Relief to be Accorded by Germany to United States Expenditures in the Interest of Common Defense. The Contractor shall use Abwicklungsschein fuer abgabenbeguenstigte Lieferungen/Leistungen nach dem Offshore Steuerabkommen (Performance Certificate for Tax-Free Deliveries/Performance according to the Offshore Tax Relief Agreement) or other documentary evidence acceptable to the German tax authorities. All purchases made and paid for on a tax-free basis during a 30-day period may be accumulated, totaled, and reported as tax-free.

252.232-7006 Wide Area WorkFlow Payment Instructions. (DEC 2018)

(a) Definitions. As used in this clause- "Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

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

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

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

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

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

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

(3) WAWF/iRAPT Login Issues, e.g. activation of the User Account and the NATO Cage Code (Local Code) has to be requested from the Ogden Helpdesk by calling 001-801-605-7095; 001-866-618-5988; or by sending an email to disa.ogden.esd.mbx.cscassig@mail.mil.

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

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

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

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

N/A

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Invoice 2in1

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(f) N/A

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

Routing Data Table*

| Field Name in WAWF || Data to be entered in WAWF | | Pay Official DoDAAC || __F87700__ | | Issue By DoDAAC || __FA5613__ | | Admin DoDAAC || __FA5163__ | | Inspect By DoDAAC || __F3NT07__ | | Ship To Code || __F3NT07__ | | Ship From Code || __N/A__ | | Mark For Code || __N/A__ | | Service Approver (DoDAAC) || __F3NT07__ | | Service Acceptor (DoDAAC) || __F3NT07__ | | Accept at Other DoDAAC || __N/A__ | | LPO DoDAAC || __N/A__ | https://wawf.eb.mil/

| DCAA Auditor DoDAAC || __N/A__ | | Other DoDAAC(s) || __N/A__ |

NOTE: It is the requesting unit's Resource Advisor responsibility to ensure that their DoDAAC is listed in the DLA database: https://www.transactionservices.dla.mil/daasinq/dodaac.asp. The activation of customer DoDAACs in the WAWF database can be requested by contacting the Ogden Helpdesk directly at 001-801-605-7095; 001-866-618- 5988 or via email @disa.ogden.esd.mbx.cscassig@mail.mil.

Local support can also be obtained from USAFE FM, 480-6707.

As a minimum, two (2) unit acceptors shall be registered in WAWF/iRAPT.

Further assistance may be requested from the Contracting eCommerce Support: Corinna Jackson, corinna.jackson.de@us.af.mil, DSN: 314-489-3410.

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

IMPORTANT:

- Funded SubCLINs have to be invoiced -actual € and $ amounts have to be referenced in the description field of each CLIN

- Foreign vendors shall enter their banking information in the Comments tab:

COMMENTS SEPA Banking Information (Foreign Vendors Only):

Name of Bank: -- IBAN: -- BIC:

USE OF VALUE ADDED TAX FORMS (ABWICKLUNGSSCHEINE):

If payment will be made thru WAWF/iRAPT, it is the contractor's responsibility to obtain the VAT form.

- VAT forms can be purchased at local book stores

- Contractors shall mail the completed VAT form with a copy of the invoice and contract to the local paying office:

Defense Finance and Accounting Service, Kleber Kaserne, Gebaeude 3200, ATTN: EU, Mannheimer Str. 218/219, 67657 Kaiserslautern/Germany

- The DFAS Vendor Support Team will return the stamped VAT form to the contractor.

DFAS Vendor Support: +49-631-411-6448 https://www.dfas.mil/contractorsvendors/dfas_europe.html

DFAS Customer Service: +49-631-411-6523 Email: DFAS-EUROPE-CUSTOMERSERVICE@MAIL.MIL

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact: __Corinna Jackson, corinna.jackson.de@us.af.mil, Tel: +49-631-536-3410.__

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that-

(1) It is [_] is not [_] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [_] is not [_] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.209-7 Information Regarding Responsibility Matters. (OCT 2018)

(a) Definitions. As used in this provision- Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means-

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked has in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in-

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed viahttps://www.sam.gov (see 52.204-7).

ADDENDUM TO FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (OCT

2018)

This addendum replaces the below referenced paragraphs of the provision as follows:

(b) The Offeror shall submit written documentation as follows:

(b)(4) Technical Capability:

(A) Past Experience (limited to two pages per evidence, single sided, single spaced): The offeror shall submit evidence of at least one continuous year of contract performance (or the past experience of a joint venture partner or subcontractor being intended to perform the solicited service or instances where the offeror performed as a subcontractor) during the previous seven (7) years from the issuance date of the solicitation, where the offeror is/was responsible for performing passenger terminal security and baggage screening services including the same or similar tasks described in Attachment 2, Performance Work Statement (PWS) for a comparable number of passengers. The offeror shall identify the approximate number of passengers per year for each submitted evidence.

(B) Performance Management Plan (PMP) (limited to no more than 4 pages, single sided, single spaced): Offerors shall submit a Performance Management Plan with their proposal. Offeror shall use Attachment 4, Performance Management Plan (PMP), and address all areas identified in the attachment. All paragraphs 1 through 5 of Attachment 4 shall be completed.

(b)(6) Price: Offerors shall insert a unit and extended price in Attachment 1, Pricing Schedule, for each Contract Line Item Number (CLIN) 0001, 1001, 2001, 3001 and 4001. Offerors shall insert the grand total for the base and all option years. NOTE: Only EURO currency offers will be accepted.

(b)(10) Past Performance: Offerors shall reference up to a total of three recent (within the past seven (7) years from the issuance date of the solicitation for a minimum of one continuous year per referenced contract) and relevant (similar in scope and magnitude; means the work must have been passenger terminal security and baggage screening including same or similar tasks described in Attachment 2, Performance Work Statement [PWS] for a comparable number of passengers, and for a minimum of one continuous year) contracts by completing sections A.

and B. of the Past Performance Questionnaire (PPQ), Attachment 5, one PPQ for each referenced contract. Past performance references of a joint venture partner or subcontractor being intended to perform the solicited service, or instances where the offeror performed as a subcontractor will be accepted. Offerors shall send the PPQs to the references prior to the due date of offers for completion. Offerors shall ensure that the references submit the PPQs directly to the following POCs not later than 17 Jul 2020: Caterina Rothhaar, email caterina.rothhaar.de@us.af.mil and Erika Voss-Elsaesser, email erika.voss_elsaesser.1.de@us.af.mil. Offerors are advised to follow-up with their references to ensure the questionnaires are submitted timely. A listing of these references shall be submitted with the proposal. The Government will not evaluate any additionally received references.

(b)(11) Offerors shall comply with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(b)(12) Offerors shall provide a SAM printout (System for Award Management), https://www.sam.gov/SAM/ , showing their DUNS (Data Universal Numbering System) number and CAGE/NCAGE (Commercial and Government Entity/NATO Commercial and Government Entity) code with the proposal.

(b)(13) Offerors shall provide certification of their authorization (or the authorization of a joint venture partner or subcontractor being intended to perform the solicited service) to perform security services in accordance with (IAW) the German Trade Act (Gewerbeordnung), paragraph 34a, Security Trade (Bewachungsgewerbe) with the proposal. Failure to submit the certification of authorization IAW paragraph 34a of the German Trade Act with the proposal may adversely impact the responsibility determination of the offeror.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(2)(i)(A) – Deleted.

(2)(i)(B). There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers for delivered hardcopy proposals.

If it was transmitted through an electronic commerce method authorized by the solicitation, it must be received in the stated addressees’ email inboxes not later than 14:00 hrs (2:00 PM) Central European Summer Time (CEST) on the proposal closing date and the addressees must be able to open the email and all attachments in a readable format (PDF, Microsoft (MS) Word 2007, MS Excel 2007, MS Power Point 2007, or later versions, as applicable). Offerors are cautioned to consider when submitting their proposal that (1) due to firewall issues some attachments may be stripped; and (2) some attachments are too big and may be blocked. It is the offeror’s responsibility to allow for sufficient time for the proposal to clear all of the Agency’s email servers. For the purpose of electronically transmitted proposal receipt, the proposal is determined to be ” under the Government’s control ” when it is in the addressee’s email inbox, no other Government point of entry, including all email servers, will be acceptable;

(h) Multiple awards Deleted.

(m) NOTE: Section 613A BGB (Buergerliches Gesetzbuch/German Civil Code) may apply to any contract awarded as a result of this solicitation for personnel employed in Germany. It is the offeror’s responsibility to determine if Section 613A BGB applies and propose accordingly.

(End of addendum) mailto:caterina.rothhaar.de@us.af.mil mailto:erika.voss-elsaesser@ramstein.af.mil https://www.sam.gov/SAM/

52.212-2 Evaluation-Commercial Items. (OCT 2014)

(a) The Government will award a single contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation is determined to be the lowest price technically acceptable (LPTA) proposal with acceptable past performance. The Government may award without discussions, reserving the right to hold discussions if deemed necessary by the CO. The following factors will be used to evaluate offers:

(1) FACTOR 1 – Price

(2) FACTOR 2 – Technical Capability:

Subfactor 1: Past experience for performing passenger terminal security and baggage screening services Subfactor 2: Performance Management Plan (PMP)

(3) FACTOR 3 – Past Performance

(1) FACTOR 1 – Price. Offerors will be evaluated on their Total Evaluated Price (TEP) which consists of the total amounts of all CLINs 0001 through 4001 and the 6 month option available from FAR 52.217-8 (as set forth in paragraph (c) below). Only EURO currency offers will be accepted. Unbalanced prices may serve as a basis for rejection of the proposal. The price evaluation will document the reasonableness and completeness of the TEP.

Prices will be evaluated for fair and reasonableness of total evaluated price IAW FAR 13.106-3(a).

Arithmetic Discrepancies. For the purpose of initial evaluation of offers, the following will be utilized in resolving arithmetic discrepancies found on the face of the pricing schedule as submitted by the offeror.

(A) Obviously misplaced decimal points will be corrected;

(B) Discrepancy between unit price and extended price, the unit price will govern;

(C) Apparent errors in extension of unit prices will be corrected;

(D) Apparent errors in extended prices per CLIN will be corrected.

(E) Rounding of unit prices shall be limited to 2 digits after the decimal

The totals calculated by resolution of the arithmetic discrepancies listed above will represent the total evaluated price. These procedures will not be used if the total evaluated price displaces the low offeror. Discussions may then be conducted.

(2) FACTOR 2– Technical Capability. Offerors will be evaluated on written documentation provided in accordance with paragraph (b)(4) of the Addendum to FAR 52.212-1, Instructions to Offerors – Commercial, and listed as subfactors 1 and 2 above. Technical acceptability is based on successfully meeting this requirement and will be rated “Acceptable ” or “Unacceptable ” as follows:

Technical Criteria Ratings

Rating Definition Acceptable Proposal meets the requirements of the solicitation.

Unacceptable Proposal does not meet the requirements of the solicitation.

Offerors must receive an “Acceptable ” rating for each subfactor to receive an overall “ Acceptable ” rating in the technical evaluation. In the event one or more subfactors receive an “Unacceptable” rating, the proposal will receive an overall “Unacceptable ” rating in the technical evaluation.

(A) Subfactor 1: Past Experience. The submitted past experience evidence will be evaluated on the evidence of at least one continuous year of contract performance (or the past experience of a joint venture partner or subcontractor being intended to perform the solicited service, or instances where the offeror performed as a subcontractor) during the previous seven (7) years, where the offeror is/was responsible for performing passenger terminal security and baggage screening services including the same or similar tasks described in Attachment 2, Performance Work Statement (PWS) for a comparable number of passengers as annotated in PWS paragraph 9.0, Workload Estimates.

(B) Subfactor 2: Performance Management Plan (PMP). Attachment 4, Performance Management Plan (PMP) will be evaluated on the offeror’s approach to the areas identified in the attachment to provide a credible approach of successful performance for passenger terminal security and baggage screening services. All paragraphs 1 through 5 of Attachment 4 shall be completed. An incomplete PMP may render the proposal unacceptable.

(3) FACTOR 3 – Past Performance. Past Performance will be evaluated based on subjective assessment of how well the offeror performed on recent and relevant work, as outlined in Addendum to FAR Provision 52.212-1, paragraph (b)(10). Past performance references of a joint venture partner, subcontractor, or instances where the offeror performed as a subcontractor will be accepted. For the purpose of assessing acceptable performance, ratings S (Satisfactory), G (Good) and E (Exceptional) assigned on the PPQs will be considered “ Acceptable ” . M (Marginal) and U (Unsatisfactory) will be considered “Unacceptable ” . The rating is based upon offeror-provided references, received PPQs, or information obtained by the Government from other sources of past performance information such as, but not limited to, the Contractor Performance Assessment Reporting System (CPARS).

Offerors will have the opportunity to address any negative performance information received, that the offeror has not already had the opportunity to address, through clarifiations.

Offeror must receive “Acceptable ” rating to receive an award, as follows:

PAST PERFORMANCE

RATING DEFINITION

Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown (see note below).

Unacceptable Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a) (2) (iv)).

Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/ unacceptability, “Unknown” shall be considered “Acceptable. ”

(b) Award Process: The Government intends to award to the lowest priced, technically acceptable offeror with an acceptable past performance rating; the Government reserves the right to hold discussions at any point during the evaluation. The evaluation process is as follows:

(1) The Government will first evaluate all proposals for price, ranking the offerors from lowest to highest total evaluated price.

(2) Next, a technical and past performance evaluation will be performed beginning with the lowest priced offerors. Evaluations will stop when two technically acceptable proposals receive an acceptable past performance rating for price comparison purposes. Only those offerors determined to be technically acceptable with an acceptable past performance rating, either initially or as a result of discussions, will be considered for award.

(c) Options. The Government will evaluate offers for award purposes by adding the total price for all options, to include 52.217-8, 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). For the evaluation of the option price pursuant to FAR Clause 52.217-8, Option to Extend Services, the prices proposed for the last option period (for 6 months) will be added to determine the offeror’s TEP.

(d) 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 Items.

(DEC 2019)

Alternate I 2014-10

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. 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,…