B.08 RFQ W912GB22Q0008 Romania Vehicle Lease_2022.05.09.pdf

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER) 1

PAGE OF PAGES

1. REQUEST NO. 2. DATE ISSUED RATING

W912GB22Q0008 09-May-2022 5a. ISSUED BY

8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE

SEE SCHEDULE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this

Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State, and local taxes)

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e) (f)

SEE SCHEDULE

AMOUNT

% No. %

NOTE: Additional provisions and representations [ ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER (Street, City, County, State, and ZIP Code)

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF

QUOTATION

16. NAME AND TITLE OF SIGNER (Type or print) (Include area code)

TELEPHONE NO.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)

PREVIOUS EDITION NOT USABLE Prescribed by GSA FAR (48 CFR) 53.215-1(a)

THIS RFQ [ ] IS X[ ] IS NOT A SMALL BUSINESS SET-ASIDE

6. DELIVER BY (Date)

SEE SCHEDULE

AND/OR DMS REG. 1

UNDER BDSA REG. 2

4. CERT. FOR NAT. DEF.3. REQUISITION/PURCHASE

REQUEST NO.

CONTRACTING DIVISION

US ARMY CORPS OF ENGINEERS

KONRAD ADENAUER RING 39

D-65187 WIESBADEN GERMANY

WIESBADEN 65187

9. DESTINATION (Consignee and address, including ZIP Code)

7. DELIVERY

[ ] FOB

DESTINATION

[ ] OTHER X

(See Schedule)

09-Jun-2022(Date)

PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS:10.

ALYSHA MACDONALD

(Name and Telephone no.) (No collect calls)5b. FOR INFORMATION CALL:

d. CALENDAR DAYSc. 30 CALENDAR DAYSb. 20 CALENDAR DAYS12. DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS

Section A - Solicitation/Contract Form

CONTACT INFORMATION

POINTS OF CONTACT:

CONTRACT SPECIALIST: Alysha MacDonald: Alysha.A.MacDonald@usace.army.mil

CONTRACTING OFFICER: David Decker: David.W.Decker@usace.army.mil

REQUESTS FOR INFORMATION:

Requests for Information Shall Be Submitted Not Later Than 20 May 2022 at 10:00 AM Central European Summer Time (CEST) to the above Points of Contact.

ADMINISTRATIVE MATTERS:

Submission for proposals shall be via email to both the above Points of Contact.

*It is the contractor’s responsibility to confirm receipt.

SOLICITATION ATTACHMENTS

ATTACHMENT 1: VAT Form Instructions ATTACHMENT 2: VAT Form ATTACHMENT 3: Pricing Schedule

Section C - Descriptions and Specifications

PWS

PERFORMANCE WORK STATEMENT (PWS)

Leased Vehicle Support, Mihail Kogalniceanu Area Office, Romania 18 March 2022

1. Purpose of the Contract. To provide leased vehicle support to the U.S. Army Corps of Engineers, Europe District, at the Mihail Kogalniceanu (MK) Area office, to include liability insurance, maintenance, and mileage as elaborated upon below. Please be advised that there will be no option to purchase as operation funds are not available for the purchase of the capital items.

2. Period of Performance. The contract shall consist of one (1) one-year base period, with an additional four

(4)-year option. The contractor shall deliver the vehicles within 14 calendar days upon notice of award to the specified deliver location. The contractor shall be required to pay all taxes, duties, or other charges levied by the Government of Romania in accordance with Romanian law and regulations and shall not be included in bid prices.

3. Specification, Purchase, Description, or Performance Work Statement.

The Contractor shall supply a fleet of NINE (9) safe and operational Class III compact 4X4 Sport Utility Vehicles (SUV’s) with proper documentation to travel throughout Europe, and incidental services in accordance with the PWS. The Contractor shall demonstrate consistent rapid response (if required) and flexibility to provide the means of transport by the date(s) required in the awarded Purchase Order (PO) no later than fourteen

(14) calendar days after notification by the Contracting Officer (KO). Items required to keep a vehicle operational is defined as emission stickers, if required; registration; licensing; inspections; and any additional effort(s) that may be required to provide safe and operation vehicles.

The Contractor shall provide the KO, within seven (7) days after award, an organizational chart that includes contractor employee contact list with names, email addresses, and telephone numbers that shall be available during normal duty hours, as well as an emergency point of contact (POC) for after duty hours.

All Government inquiries during normal duty hours shall be responded to within a 24 hour period. The listing shall be updated as changes occur and sent to the KO via email no later than the close of the business day when the update was made. All listed contacts shall be able to understand, speak, read, and write English to be able to interact with U.S. Government personnel.

Vehicles must have the following specifications:

a. 4X4 SUV, compact, four (4) door, five (5) passenger, minimum 4500 LBS GVWR

b. Vehicle manufacture date shall not be older than 2021 with and will have no more than

20,000 kilometers; Vehicles older than five years and over 96560km, will need to be replaced during the term of the contract.

c. Automatic Transmission;

d. 4 cylinder 2.0 liter diesel or gas engine; (larger engine size will be considered if fuel efficiency requirements listed below can be met)

e. Fuel efficiency equal to 25 miles per gallon or greater;

f. Air conditioning;

g. AM/FM Radio; Bluetooth compatible for hands free phone and navigation

h. Luggage Capacity of 350 to 400 cubic liters without collapsing the rear seats;

i. Collapsible rear seats;

j. Collision damage waiver;

k. Full coverage insurance throughout Europe;

l. Anti-lock breaking system and minimum driver’s side airbags;

m. Non-smoking;

n. Safety equipment required by Romanian/European law;

W912GB22Q0008

o. Full mechanical maintenance coverage throughout Romania/Europe;

p. Full breakdown recovery and road side assistance throughout Romania/Europe;

q. Full theft protection coverage throughout Romania/Europe;

r. Legal registration documents, to include all other compulsory documentation to be carried in the vehicle in accordance with Romanian/European law

* Change in Quantities: The contractor shall provide up to 4 (four) additional vehicles, at the individual vehicle monthly rate, per the price schedule. The Government reserves the right to add or cancel the additional vehicle(s) within one (1) day, provided notice is provided 14 calendar days prior to the required delivery or turn-in date. The Government also reserves the right to turn-in and cancel any vehicle that is not needed below the initial quantity as long as the contractor is notified 30 calendar days prior.

In accordance with the U.S. Government mandate of the implementation of the Army Petroleum Reduction Act, vehicles provided shall have fuel efficiency equal to or greater than 25 miles per gallon. Vehicles provided can be bio-fuel capable usage or hybrid, depending upon the local economy’s refueling capabilities.

4. Substitutions. The contractor shall seek pre-approval by the U.S. Army Corps of Engineers.

5. Vehicle Delivery, Inspection, Replacement and Return.

The contractor shall coordinate date, time, and location of vehicle deliveries and returns with the Government POC. The initial delivery address is: MK Area Office, Mihail Kogalniceanu Air Base, Romania (specific address will be provided upon award). The Contractor shall deliver the vehicle(s) early enough to be processed for acceptance no later than the date specified by the contract. The contractor shall deliver vehicles that are clean, exterior and interior, free of rust, soil, dirt, and damages. The Contractor and the primary U.S. Government POC shall perform a joint inspection upon delivery to certify (1) the vehicle(s) are as described in the PWS and lease contract, and

(2) the vehicle(s) is in good operating condition. The Contractor and the primary U.S. Government POC shall perform a joint inspection upon the end of the lease. All damage shall be documented by photographs and in writing and shall include the date of the inspection (delivery and return) and signatures of the individuals performing the inspection (Contractor and U.S. Government POC). The report shall be submitted to the COR within 10 calendar days after the inspection. Vehicle(s) that are replaced by the contractor for any reason will be recorded on the vehicle report and reported to the COR.

6. Maintenance. The contractor shall have all maintenance performed. The U.S. Government shall report all deficiencies to the contractor. The contractor shall have maintenance performed in accordance with the manufacturer’s specifications and warranty. Maintenance is defined as any mechanical or electrical repair, replacement, services, inspections, or modifications made on the vehicle(s). The contractor shall coordinate with the U.S. Government POC for all scheduled or unscheduled maintenance in order to establish pickup/delivery locations and times. Any vehicle(s) replacements shall be done within 24 hours by the contractor. The contractor shall provide a like vehicle or greater than the one being replaced. The contractor shall pick up and deliver vehicles to and from the U. S. Army Corps of Engineers office location at Mihail Kogalniceanu Air Base, Romania. The contractor must meet the additional specific maintenance requirements outlined below:

A. Contractor shall ensure that vehicles contain standard tools and seat belt for each individual seat, safety warning vest, first aid kit, warning triangle, tires, and snow chains for each tire. In addition, Contractor will ensure that the GPS Navigation system maps are up to date on delivery of the vehicles and provide any updated maps for the GPS Navigation (Europe Edition) during the contract period if such updates are released.

B. Maintenance and repairs required keeping the vehicle in good appearance and a safe operating condition shall be the responsibility of the contractor. All maintenance and repairs shall be performed outside of Government facility. Government personnel, assigned as drivers to the rented vehicles, will be responsible for keeping the vehicles in orderly condition while under their purview.

C. Contractor is responsible for scheduling, coordinating and executing the change from winter to summer tires in the month of April and change from summer to winter tires in the month of October. Contractor will schedule the tire changeover with U.S Army Corp of Engineers Europe District GOV coordinator. Newly delivered vehicles will have winter tires if delivery takes place from October through March and summer tires if first delivery takes place from April to September.

D. Lubrications, except gasoline needed for the operation of the vehicles shall be furnished by the contractor. The contractor will provide a full fuel tank with each vehicle at the time the vehicles are turned over to the Government

7. Breakdown/recovery. The Contractor shall provide vehicle breakdown/recovery service 24 hours a day, 7 days a week throughout Romania/Europe, when the vehicle is determined to be in an inoperable status.

Upon notification, the Contractor shall provide “Road Side Service” within 4 hours of the notification.

8. Mileage. Mileage incurred through the lease shall be unlimited.

9. Loss, Damage, or Destruction. The U.S. Government will assume risk of loss, damage, and/or destruction of equipment leased under this contract that exceeds compensation made to the contractor by its insurance carrier, provided that no reimbursement will be made for loss, damage, or destruction when (a) negligence of contractor, or contractor’s agent caused or contributed to loss, damage, or destruction, or (b) damages caused by equipment defects unless such defects are caused by the negligence of the U.S. Government. The U.S. Government is only liable for loss, damage, or destruction of equipment not reimbursed by the contractor’s insurance policy. The contractor is required to seek compensation for damages from its insurance carrier before seeking compensation from the U.S. Government.

10. Quality Control (QC) / Quality Assurance (QA) Requirements:

The contractor is responsible for the management and Quality Control (QC) necessary to perform in accordance with the “Performance Objectives” (see number 11 below) identified in this Performance Work Statement (PWS).

The Contractor shall ensure by certifying in writing in response to this PO request that the vehicles meet the requirements of the (PWS), local laws; and covered by a comprehensive insurance plan, which may vary depending on the location to be supplied. Copies of the current vehicle registration and insurance shall be placed in the glove compartment of the respective vehicles provided. The Contractor shall carry “FULL” throughout Europe comprehensive coverage insurance to cover vehicles stolen or damaged through accidents; criminal acts. The insurance shall also cover the costs/damages of third parties involved in an accident, property damaged as a result of an accident, whether caused by the U.S. Government, a U.S. Government employee/military member, or external force. In addition, the Contractor shall provide these vehicles plated with Romanian license plates. The KO or COR will evaluate the contractor's performance under this contract in accordance with the quality assurance surveillance plan (QASP). This plan is primarily focused on what the U.S. Government must do to ensure the contractor has performed in accordance with the performance objectives/standards. The QASP defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rates.

The individual specified under Section 20 shall serve as the COR, as defined in the QASP.

11. Performance Requirements Summary.

Performance Objective PWS Reference Performance Threshold

Type Vehicles. The contractor provides and delivers vehicle types and quantities as specified in this PWS, Section Three (3). All vehicles and systems shall be in excellent mechanical condition and fully operational.

Section Three (3)

100%. As applicable to task/requirement upon delivery or replacement of vehicles. The correct type and number of vehicles are delivered to the designated location(s) on the correct dates and times, in coordination with the KO and the COR.

Equipment and Safety. The contractor shall provide vehicles with safety equipment as specified in this PWS, Section Three (3), and as required by Romanian law.

100%. Vehicles provided meet Government requirements and are in compliance with Romanian law.

Vehicle Delivery, Inspection, Replacement and Return. The contractor delivers, inspects, replaces and or returns vehicles as specified in this PWS, Section Five (5), upon notification from the COR.

Section Five (5)

100%. Vehicles are repaired or replaced, with the same type vehicle or greater, within 24 hour notification from the COR.

Insurance. The contractor shall include vehicle insurance coverage as part of the lease cost, as specified in this PWS, Section Three (3).

100%. Each vehicle is insured in accordance with this PWS, Section Three (3).

Breakdown/recovery. The Contractor shall provide vehicle breakdown/recovery service 24 hours a day, 7 days a week throughout Poland, when the vehicle is determined to be in an inoperable status. Upon notification, the Contractor shall provide “Road Side Service” within 4 hours of the notification.

Section Seven (7)

100%. Contractor provides breakdown/recovery services 24 hours a day and 7 days a week, and provides road side service within 4 hours of the notification, in accordance with section 7 of this PWS.

12. Value Added Tax (VAT). The U.S. Government is not responsible for any VAT reimbursement to the contractor. All invoicing shall be in U.S. Dollars, exclusive of VAT. Invoices shall indicate non-chargeable VAT on a separate line as a record of VAT exemption.

For more information, please refer to the Value Added Tax (VAT) section under the “TAX CLAUSE” of the solicitation.

VAT POINT OF SALE EXEMPTION

Applicable to Leased Vehicle Support, Deveselu, Romania:

The value added tax (VAT) and excise tax exemption for articles and services acquired by United States members of the force or of the civilian component or dependents, or contractors acting for or on behalf of the United States forces, shall be granted at the point of sale. The acquisition of articles and services acquired free of tax shall be documented using an agreed form. Such form shall be validated by United States forces authorities and presented to an appropriate Romanian fiscal authority, which shall immediately certify it. The purchaser shall provide the form to the vendor in order to obtain relief at the point of sale.

1. Obtaining the VAT Exemption Certificate by Contractors:

a. The VAT form must be done in four (4) copies. Each copy needs to have attached a copy of the contract or, if this is not possible, an order for supply. In case of large contracts, every Contracting Officer’s Representative (COR) must complete a memorandum that certifies the reality of the information from the VAT form. Every VAT form must have attached one (1) of the above mentioned documents, in order to be certified by the competent authority of the host member state, DGFP C-TA.

b. Fill in the VAT Form:

Text Box 1: Institution / eligible person name, street, number, area post code, place, host member state, place. Text Box 2: Full name, address, and telephone number of the COR.

Text Box 3: A. United States Army. C. Place, date, name, position and signature of the COR. Text Box 4: Blank.

Text Box 5: A. Name and address of the contractor, state, registration code for VAT purposes. B.

Number of the contract, detailed description of goods and / or services, quantity or number, value per unit, total value, currency.

Text Box 6: Blank.

Text Box 7: Filled in and stamped by the attorney.

2. Obtaining the VAT Exemption Certificate by Subcontractors:

a. The VAT form must be done in four (4) copies. Each copy needs to have attached a copy of the contract or, if this is not possible, an order for supply.

b. Fill in the VAT Form:

Text Box 1: Contractor’s information: name, street, number, area post code, place, host member state, place.

Text Box 2: Full name and position of the contractor’s representative.

Text Box 3: A. United States Army. C. Place, date, name, position and signature of the contractor’s representative.

Text Box 4: Blank.

Text Box 5: A. Name and address of the subcontractor, state, registration code for VAT purposes. B.

Number of the contract, detailed description of goods and / or services, quantity or number, value per unit, total value, currency.

Text Box 6: Blank.

Text Box 7: Filled in and stamped by the attorney.

13. Customs/Duty Fees. The U.S. Government is not responsible for any customs or duties imposed on the contractor.

14. Toll Charges. The contractor is not responsible for any toll charges while vehicles are in use of the U.S. Government.

15. Invoicing. The contractor shall invoice monthly. The contractor shall invoice for only the amount of vehicles the contractor has issued to the U.S. Government during that billing period. The contractor shall not invoice for vehicles turned in or not accepted due to necessity for that billing period. Payment shall be prorated for only the number of days in the month the U.S. Government actually has possession of the number of vehicles being invoiced for. At a minimum all invoicing shall contain the following:

i. Name of the contractor;

ii. Invoice date and number;

iii. Contract number and contract item number;

iv. Description, rental period, quantity, unit of measure, unit price (excluding VAT), extended price

(excluding VAT) of all items being billed against;

v. Invoices shall indicate non- chargeable VAT on a separate line as a record of VAT exemption; in accordance with the Value Added Tax requirement under the “TAX CLAUSE”;

vi. Terms of any discount for prompt payment offered;

vii. Name and address where the payment is to be sent; and

viii. Name, title, and phone number of a person(s) to notify in the event of a defective invoice.

The payment due date shall be in accordance with the Prompt Payment Act.

16. Additional information:

All drivers are over the age of 24 and have a valid driver license.

Traffic fines and other traffic violations are the responsibility of the driver. The Contractor shall inform the COR of any violations involving vehicles associated with this contract. The COR will coordinate settlement of any traffic fine notifications with U.S. Government personnel.

The Contractor shall coordinate directly with the COR to resolve complaints and disputes that occur with contractor-provided vehicles. If a complaint cannot be resolved to the satisfaction of both parties, the KO shall be notified in writing within 7 calendar days for resolution.

17. Submit invoices to:

U.S. Army Corps of Engineers, Europe District Mr. Amaury Mirabal, District Fleet Manager/COR Telephone: +49611974429344 E-mail: Amaury.G.Mirabal@usace.army.mil

18. Contracting Officer’s Representative:

U.S. Army Corps of Engineers, Europe District Mr. Amaury Mirabal, District Fleet Manager/COR Telephone: +49611974422344 E-mail: Amaury.G.Mirabal@usace.army.mil

19. It is emphasized that only a Contracting Officer has the authority to modify the terms of the contract, therefore, in no event will any understanding, agreement, modification, change order, or other matter between the contractor and any other person deviating from the terms of the basic contract be binding on the U.S. Government.

Section E - Inspection and Acceptance

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

Section H - Special Contract Requirements

CONTRACT REQUIREMENTS

52.000-4004 IMMUNITY FROM LEGAL PROCESS

The Contractor agrees to indemnify and save harmless the United States Government against all claims and suits of whatsoever nature arising under or incidental to performance of this contract by any subcontractor against the United States Government. The Contractor further agrees to waive his rights to bring suit or other legal action against the United States Government, except as provided in the "Disputes" clause of this contract and in the United States Federal Statutes.

(September 1993)

(End of Clause)

52.000-4023 UNAUTHORIZED SERVICE

The Contractor shall not undertake any action that will increase the price of this contract without the written approval of the Contracting Officer. Any such unauthorized action taken by the Contractor or any Contractor employee, which might be construed to be approved by the U.S.

Government, shall be the responsibility of the Contractor and shall be resolved by the Contractor at no expense or embarrassment to the U.S. Government. Third-party claims resulting from such unauthorized actions shall also be resolved by the Contractor without expense or embarrassment to the U.S. Government.

End of Clause

52.000-4038 ENGLISH SPEAKING REPRESENTATIVE (AUG 1993)

At all times when any performance of the work at the site is being conducted by any member of the Contractor or its subcontractors, the Contractor shall have a representative present on the site who is capable of explaining the work operations and receiving instructions in the English language. The Contracting Officer shall have the right to determine, without appeal of such decision, whether the proposed representative has sufficient technical and linguistic capabilities, and the Contractor shall immediately replace any individual not acceptable to the Contracting Officer.

End of Clause

52.000-4043 CORRESPONDENCE IN THE ENGLISH LANGUAGE (ADDITIONAL

INFORMATION)

In additional to FAR 52.215-1, it shall be the responsibility of the Contractor to prepare proposals and all documents related to this contract, to include, change orders, shop drawings and submittals, quality control reports, computations, and all correspondence, in the English language. In the event of disputes or litigation arising out of performance of this contract, the contractor will provide English language translations of any documents that are provided to the Government in support of the contractor’s position or any documents pertinent to the dispute that are requested by the Government. For the purposes of this clause, pertinent means any documents that would normally be considered to be within the scope of discovery in an ASBCA or court proceeding concerning the dispute. The term ‘documents’ includes electronic documents including but not limited to email and includes documents generated by subcontractors or suppliers.

In the event a dispute results in litigation, including actions at the ASBCA or actions in U.S.

courts, the contractor will be responsible for providing translations of any documents that are within the scope of a discovery request filed by the U.S. Government and for providing certified translations upon request by the U.S. Government.

(End of Clause)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-18 Prohibition on Contracting With Entities That Require Certain

Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-19 Incorporation by Reference of Representations and Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

DEC 2021

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

DEC 2021

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

DEC 2021

52.217-5 Evaluation Of Options JUL 1990 52.222-50 Combating Trafficking in Persons DEC 2021 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.228-8 Liability and Insurance - Leased Motor Vehicles MAY 1999 52.247-34 F.O.B. Destination NOV 1991 52.253-1 Computer Generated Forms JAN 1991 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 SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7006 Billing Instructions OCT 2005 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

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

MAY 2019

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7041 Correspondence in English JUN 1997 252.225-7042 Authorization to Perform APR 2003 252.225-7051 Prohibition on Acquisition of Certain Foreign Commercial

Satellite Services.

SEP 2021

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2022)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 532112.

(2) The small business size standard is $41,500,000.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(D) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. 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.

FAR Clause Title Date Change

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 on SAM.

(End of provision)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of 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 paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) 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. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(2) Section 889(a)(1)(B) 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, 2020, from entering into a contract or extending or renewing a contract with an entity that uses 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. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot 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) Representations. The Offeror represents that--

(1) 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. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

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

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) 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);

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

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

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have 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) Representations.

(1) 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.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

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.

52.212-2 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:

Factor 1: Price Factor 2: Past Performance Past performance is approximately equal to Price.

(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.

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

COMMERCIAL SERVICES (NOV 2021)

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.