B.08 Solicitation W564KV24Q0017.pdf

SEE ADDENDUM

( No Col lect Cal ls )

W564KV24Q0017 12-Jun-2024

b. TELEPHONE NUMBER

314-542-6951

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 05 Jul 2024

5. SOLICITATION NUM BER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

( SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISI TION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W564KV9. ISSUED BY

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

7. FOR SOLICITATION

INFORM ATION CALL:

a. NAM E

ROBBIE R. NEWLAND

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

(TYPE OR PRI NT)

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

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

0 27a. SOLI CI TATION INCORPORATES BY REFERENCE FAR 52. 212-1. 52.212-4. FAR 52. 212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRI ATION DATA

1. REQUISITION NUMBER

20.

ADDI TIONAL SHEETS SUBJECT TO THE TERMS AND CONDI TIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0012125750

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52. 212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDI NG ANY ADDITI ONS OR CHANGES WHICH ARE

SET FORTH HEREIN, I S ACCEPTED AS TO I TEMS:

. YOUR OFFER ON SOLI CI TATION

28. CONTRACTOR IS REQUIRED TO SIGN THI S DOCUMENT AND RETURN

% FOR:SET ASI DE:UNRESTRI CTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILI TY

OFFEROR CODE

TCC-KAISERSLAUTERN

KLEBER KASERNE MANNHEI MER STRASSE 238

BLDG 3233

KAI SERSLAUTERN 67657

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATI NG

CODE15. DELI VER TO CODE W507M B 16. ADMI NI STERED BY

12. DI SCOUNT TERMS11. DELI VERY FOR FOB DESTI NA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

BAUMHOLDER M IL COM MUNITY DPW

BRAUN, MATTHIAS LN USARM Y USAG (GBR)

ENGINEER ROAD, GEB. 8468

55774 BUM HOLDER M IL COMM UNITY

GERMANY

TEL: DSN ( 314) 531-3096 FAX:

FAX:

TEL: SERVI CE-DISABLED

VETERAN-OWNED

SMALL BUSI NESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,000

NAI CS:

336212

X

OFFER DATED

29. AW ARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWI SE IDENTIFI ED ABOVE AND ON ANY

COPI ES TO ISSUI NG OFFI CE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOM EN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOM EN- OWNED

SM ALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF61

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

32a. QUANTI TY IN COLUMN 21 HAS BEEN

RECEI VED I NSPECTED

32b. SIGNATURE OF AUTHORI ZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATI VE

32e. MAILI NG ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORI ZED GOVERNMENT REPRESENTATI VE

37. CHECK NUMBER

FI NALPARTI ALCOMPLETE

36. PAY MENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHI P NUMBER

PARTI AL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAI D BY

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

41b. SIGNATURE AND TI TLE OF CERTIFYI NG OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W564KV24Q0017

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each Refuse Collection Truck with Rear Loader

FFP

Cab Medium length (Accomodates 2 persons) Color Oriented to Municipal Service Vehicles, White or Orange Payload approx. 8.5t Number of axles: 3 Volume approx. 20-22 m3 Power: min. 400HP

EQUIPMENT CABIN

Heat able driver comfort seat and air-suspended front seat for 2 Persons, air condition, fine dust and pollen filter, electric headlight range adjustment, cruise control, fog lamp, additional headlight, central wheel lock, starting aid, lifting roof, electric windows, board computer, heat able and electrically adjustable rear-view, sunblind, wide angle mirror heat able and electrically adjustable, monitor min 7”, radio, handsfree kit

BODY EQUIPMENT

Vario or Powerpress superstructure with interchangeable container/transfer lifter for MGB 4.4 loadable via side pockets and MGB 1.1 loadable via comb mount, rear view camera monitoring camera, CAN bus, rotating beacon front/rear, rear steering lift axle.

The vehicle shall comply with all applicable EU directives and rules and be delivered including TÜV inspection and truck permission document.

The vehicle shall be delivered ready for operation. Place of delivery is Smith Abrams Avenue, Bldg. 8468, 55774 Baumholder, DPW Refuse Collection Shop.

DOCUMENTATION

Operating instructions and spare parts lists in German language shall be provided.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

PURCHASE REQUEST NUMBER: 0012125750

PSC CD: 2320

NET AMT

0002 1 Job Refuse Truck Orientation Training

FFP

A training to a group of 10 persons shall be provided within 5 days after delivery.

Training shall include all basic and special functions of the truck with rear loader and shall be documented with signatures of instructor and participants.

FOB: Destination

0003 1 Each Commercial Warranty (Extended)

FFP

1 year – Parts & Labor Warranty shall also include "Inspections & Servicing at Manufacturers' Recommended Intervals: This shall include:

Changing engine and/or transmission oil, changing brake fluid, changing spark plug, etc. required during time frame of warranty and extended warranty periods.

Contractor shall also provide name, address and phone number of a vehicle shop/garage in the vicinity (maximum 50 km) to Baumholder Germany or may send their own automotive mechanic to Baumholder for Inspections & Servicing.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 260 dys. ADC 1 BAUMHOLDER MIL COMMUNITY DPW

BRAUN, MATTHIAS LN USARMY USAG

(GBR)

ENGINEER ROAD, GEB. 8468

55774 BUMHOLDER MIL COMMUNITY

GERMANY

DSN (314) 531-3096

W507MB

0002 260 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0003 260 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

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

SEP 2023

CLAUSE(S) 52.212-1 - CLAUSE(S) 52.212-1 – ADDENDUM

INSTRUCTIONS FOR SUBMISSION OF

OFFERS

1. The Government intends to award a Firm Fixed-Price (FFP) contract for this requirement based on price and other factors IAW FAR 13.106. Offers which do not meet the required technical or delivery requirements will be determined "Unacceptable" and may not be considered for award.

2. Offeror shall include all documents and information in accordance with the instructions herein. Noncompliance with the RFQ requirements may hamper the Government's ability to properly evaluate the offer and may result in elimination of the offer from further consideration for award. Offeror is cautioned to follow the instructions carefully and is encouraged to present its best technical offer and prices in its initial submission, because the Government intends to evaluate offers and award a contract without discussions, however, discussions may be conducted upon discretion by the Contracting Officer (KO).

Offeror shall submit an offer that is self-sufficient and responds directly to the requirements of this solicitation. If an Offeror believes that the requirements in these instructions contain an error, an ambiguity, omission, or are otherwise deemed unsound, the Offeror shall immediately notify the Contracting Officer in writing with supporting rationale.

3. REQUIRED CLAUSES AND PROVISIONS: The offeror must complete and submit with their offer, as appropriate, the following representations, certifications and clauses listed in full text within this solicitation.

i. Offeror shall complete FAR 52.212-3, Offeror Representations and Certifications – Commercial Items, listed in full text within this solicitation.

Note:

a. The offeror shall complete only paragraph (b) of FAR 52.212-3 if the offeror has already completed the annual representations and certifications electronically in the System for Award Management (SAM) accessed through https://www.sam.gov.

b. If the offeror has not completed the annual representations and certifications electronically in SAM, then the offeror shall complete paragraphs (c) through (v) of FAR 52.212-3

ii. FAR 52.204-24, Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment

iii. FAR 52.204-26, Covered Telecommunications Equipment or Services-Representation

iv. FAR 52.209-7, Information regarding Responsibility Matters

v. FAR 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation

vi. DFARS 252.204-7016, Covered Defense Telecommunications Equipment or Services

vii. DFARS 252.204-7017, Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services – Representation

viii. DFARS 252.225-7020, Trade Agreements Certificate

ix. DFARS 252.229-7001, Alt. I, Tax Relief

4. For provisions completed by the offeror electronically as part of its annual representations and certifications, the contracting officer will consider that information instead of requiring the offeror to complete and submit those provisions.

5. For those provisions and clauses that have not been completed electronically, the offeror must submit them with the offer.

6. For the annual FAR and DFARS representations and certifications submitted electronically via the SAM website, the offeror verifies by submission its offer that those representations and certifications currently posted electronically that apply to this solicitation have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation, as of the date of its offer, and are incorporated in its offer by reference (see FAR 4.1201); except for the changes expressly identified in the offeror’s offer. Regarding any changes, the offeror represents that the new information is current, accurate, and complete as of the date of its offer and incorporated into it. Any changes provided by the offeror in its offer are applicable to this solicitation only, and do not result in an update to the representations and certifications located in the SAM database.

7. All offers, questions, and correspondence shall be submitted in the ENGLISH language.

Offers submitted in a language other than English will be determined "Unacceptable" and will not be evaluated. Offeror’s may submit certified translations of documents, manuals, and/or product literature from their native language to the English language. Offers that are sent in multiple emails must be numbered sequentially to include the total number of emails sent.

8. The offeror is responsible for ensuring the Government’s receipt of its offer. No late submissions will be accepted. Block 8 of this solicitation provides the due date and time for offers. Local time is Central European Summer Time (CEST).

9. SYSTEM FOR AWARD MANAGEMENT (SAM): In order to be considered for award, prospective offerors shall be registered in SAM by the date offers are due (www.sam.gov)

10. Submission of offers shall be via email to the following:

Robbie Newland, Contract Specialist robbie.r.newland.civ@army.mil

Ricardo Colon Acevedo, Contracting Officer, ricardo.colonacevedo.civ@army.mil

10a. All electronic e-mailed submissions shall follow the following format:

1. Electronic offers provided via e-mail shall be submitted in Microsoft Word, Excel

Format, Adobe Acrobat (pdf) or as indicated elsewhere. WINZIP (zip) files cannot be accepted as they are routinely blocked by the domain firewall. Offers that are sent in multiple e-emails shall be numbered to include the total sent, for example 1 of 3.

2. All offers with company identifying information (name and logo) shall be limited to the cover of the submitted offer of each section. This includes technical submittals and schedules provided with the offer. Failure to do so may render your offer unacceptable and therefore, may not be evaluated.

3. Offer font type shall be limited to Arial, Courier, or Times New Roman equal to or larger than 11 points font size. Graphics, photos, and charts may use color; however, offerors are cautioned to use colors that are legible if printed in black and white.

Tables and illustrations may use a reduced font no less than 10-pointand maybe landscaped.

4. Margins shall be at least one (1) inch on the top and bottom and ¾ inch on each side.

The Contractor shall number each page to eliminate any confusion. In the event an offeror creates an ambiguity in their page numbering, the Government may exercise its own discretion in counting pages.

5. Microsoft Excel files submitted shall be unlocked, formula driven, and numbers shall not be hard coded, where applicable. Spreadsheets shall be in Microsoft Excel compatible form.

11. QUESTIONS. Offerors shall submit any questions via email to Mr. Robbie Newland, Contract Specialist, robbie.r.newland.civ@army.mil AND to Mr. Ricardo Colon Acevedo, Contracting Officer, ricardo.colonacevedo.civ@army.mil, no later than 3 days prior to the solicitation close date. Questions shall annotate a reference to the specific solicitation element to which they pertain.

12. DELIVERY INFORMATION:

Delivery Terms: FOB Destination OCONUS (Outside Continental US), which means the contractor must deliver the goods on its conveyance at the destination specified in the contract and the contractor is responsible for the cost of shipping and risk of loss prior to actual delivery at the specified destination.

NOTE: The Government is responsible for the unloading of deliveries at the destination as well as responsible for any damages caused during the unloading process. However, any damage which may be incurred by items during the transportation to the delivery location is the responsibility of the contractor.

Delivery Address:

Baumholder Military Community DPW Attention: Matthias Braun (LN) US Army USAG (GBR) Engineer Road Geb. 8468 55774 Baumholder, Germany

Delivery Date: NLT 260 calendar days after date of contract (ADC).

13. PERIOD OF ACCEPTANCE. The contractor shall annotate its agreement to hold its proposed prices firm for 60 calendar days from the date specified for receipt of offers.

14. PRICE SUBMISSION. The Government intends to award one contract from this solicitation. The offeror shall submit proposed prices in accrodance with (IAW) the formats described in 52.212-1 Paragraph 10a. that is consistent with and supports the line items of the

Standard Form (SF) 1449 provided as part of this solicitation.

15. SUBMISSION REQUIREMENTS The offeror shall submit technical information IAW the formats described in 52.212-1 Paragraph 10a. to be evaluated in accordance with the evaluation criteria in 52.212-2. Failure to provide the following technical documentation may result in an offerors offer being determined non-responsive and removed from further consideration for award. The technical documentation to be provided upon offer submission shall identify those salient characteristics as found in the item description of CLIN (Item) 0001 of the PRICE SCHEDULE and the below information as follows:

1. Copy of the vehicle chassis EU certificate of conformity.

2. Identification of maintenance/repair service facility(ies) that meet the requirement of CLIN (Item) 0003 of the PRICE SCHEDULE.

16. Government Furnished Property will not be provided

17. TAA: One or more of the items under this acquisition is subject to the World Trade Organization Government Procurement Agreement and Free Trade Agreements.

18. SUPPLIER PERFORMANCE RISK: The offeror shall submit their Commercial and Government Entity (CAGE) code in Block 17a of the SF 1449. This CAGE code will be used by the Government to access Supplier Performance Risk information. The offeror shall also provide a national stock number (NSN), internet blog serial number (IBSN), universal product code (UPC), global standards (GS1), or manufacturer's CAGE (if different from offeror's cage) and part numbers of each end item contained in the offerors offer that the Government will use to query the SPRS system to assess price and item risk.

19. COMPLIANCE REVIEW: The Government will perform a compliance review of the offerror’s offer to determine the extent of compliance to the solicitation instructions. An offer may be rejected if:

i. The clauses and provisions are not completely and accurately filled in and submitted with the offerors offer as required by FAR 52.212-1 paragraph 3 “Required Clauses and Provisions” of this solicitation.

ii. All technical documentation as required by 52.212-1 addendum paragraph 15 “Submission Requirements” to be evaluated IAW 52.212-2 as part of this solicitation is not submitted with the offerors offer.

(End of Addendum)

CLAUSE(S) 52.212-1 - CLAUSE 52.212-1 - ADDENDUM 2

Army Contract Writing System (ACWS) Transition Information for Offerors

a. The Army Contracting Enterprise (ACE) is in the process of deploying new solicitation and contract writing software to Army contracting offices worldwide. Known as the Army Contract Writing System (ACWS), this modern software suite will soon replace most existing Army contract writing systems, including the system used to create and release this Solicitation.

b. During this transition period, Offerors are hereby advised:

1. The Contracting Office may use any combination of contract writing systems to create and release documents related to this solicitation (e.g. solicitation amendments and awards, if any). Due to this:

i. This solicitation may contain different offer submission instructions than other solicitations released by the same Contracting Office (e.g. requiring offer submission via the PIEE Solicitation Module vs. e-mail). Offerors should review all offer submission instructions contained in the solicitation documents and direct any questions or concerns to the Contract Specialist or Contracting Officer.

ii. If the Contracting Office switches contract writing systems prior to award, documents you receive from the Contracting Officer or view on SAM.gov or other forums may appear noticeably different than the initial solicitation or previous solicitations or awards from the same Contracting Office. This is normal and expected.

iii. A change between contract writing systems may cause important information concerning solicitation response (amendments) or accepted terms (awards) to take on different formatting or appear in different parts of later documents issued. Offerors shall review all documents carefully to locate this important information and direct any questions or concerns to the Contract Specialist or Contracting Officer.

2. The Government does not intend to use the transition between contract writing systems to effect any changes to solicitation or award terms and conditions without accompanying document narratives explicitly stating such changes are deliberate and desired. While the Contract Specialist and Contracting Officer will take care to minimize or eliminate any inadvertent changes when adapting to the new contract writing software, you, as the Offeror, may still be the first to spot such errors. Therefore, Offerors shall:

i. Notify the Contracting Officer immediately if any observed changes, removals, or additions affect your award eligibility, violate or alter existing quote/proposal terms, or could affect Contract performance post-award.

ii. Take special care to ensure all fill-in Clauses are populated and remain populated across documents received from the Contracting Office throughout the Solicitation and Award process.

iii. Contact the Contracting Officer listed on the first page of the solicitation or solicitation amendment for guidance if you notice or suspect any inadvertent change has occurred between document issuances.

3. The Contracting Officer will correct problems affecting award documents (if any) via bilateral modification, at no cost to the Contractor. Any such modification will reconcile the award with the latest version of this solicitation reflecting deliberate action by the Contracting Officer (e.g. the first issuance if no amendments, or the latest amendment with accompanying narratives), inclusive of any documented pre-award negotiations or accepted supplemental offer terms.

4. In the unlikely event a network disruption, contract writing system error, or financial system error threatens timely award of the requirement set forth in this solicitation, the Contracting Officer:

i. May elect to use alternative mechanisms to obligate funds and allow work or deliveries to legally begin to the benefit of, and with legal protection for, both parties.

ii. Will incorporate the latest version of this Solicitation into such mechanisms to serve as a framework for contract execution until any such system problems are resolved.

iii. Will ensure any action taken does not conflict with the stated offer evaluation and award methodology of this requirement.

iv. Will issue a complete, properly-formatted award accurately reflecting this requirement and all applicable terms and conditions once systems return to normal.

CLAUSES INCORPORATED BY REFERENCE

52.214-34 Submission Of Offers In The English Language APR 1991 52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.229-12 Tax on Certain Foreign Procurements FEB 2021 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

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

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

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

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7022 Expediting Contract Closeout MAY 2021 252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.215-7007 Notice of Intent to Resolicit JUN 2012 252.215-7008 Only One Offer DEC 2022 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7007 Prohibition on Acquisition of Certain Items from Communist

Chinese Military Companies

DEC 2018

252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7041 Correspondence in English JUN 1997 252.225-7048 Export-Controlled Items JUN 2013 252.227-7015 Technical Data--Commercial Products and Commercial

Services

MAR 2023

252.229-7002 Customs Exemptions (Germany) JUN 1997 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) The Offeror shall provide its CAGE code with its offer with its name and location address or otherwise include it prominently in its proposal. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via--

(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Commercial and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the Offeror does not otherwise register in SAM, an Offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity's country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.

(d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil.

(e) When a CAGE code is required for the immediate owner and/or the highest-level owner by Federal Acquisition Regulation (FAR) 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE code from that entity to supply the CAGE code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

(g) If the solicitation includes FAR clause 52.204-2, Security Requirements, a subcontractor requiring access to classified information under a contract shall be identified with a CAGE code on the DD Form 254. The Contractor shall require a subcontractor requiring access to classified information to provide its CAGE code with its name and location address or otherwise include it prominently in the proposal. Each location of subcontractor performance listed on the DD Form 254 is required to reflect a corresponding unique CAGE code for each listed location unless the work is being performed at a Government facility, in which case the agency location code shall be used. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.

(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.

(End of 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.

52.209-7 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 via https://www.sam.gov (see 52.204-7).

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

(a) In accordance with FAR 13.106-2, Offerors are notified that the Government will evaluate all offers in accordance with FAR Part 25.502(a)(3) where the factors for the basis of award are specified in 52.212- 2 of this solicitation. The Government will award a contract based on the offer that conforms to this solicitation and is evaluated as the lowest price technically acceptable (LPTA). The following evaluation criteria shall be used as the basis for award:

Factor 1: Technical

The offer shall meet the technical requirements (salient characteristics) as set forth in CLIN 0001 of the PRICE SCHEDULE. Therefore, it is essential that the offeror provide all the documentation listed in CLIN 0001. This factor will be evaluated as acceptable or unacceptable. Offers which fail to meet the evaluation criteria will be determined ‘unacceptable’ and may not be considered for award. Additionally, the offer shall include the copy of the vehicle chassis EU certificate of conformity, and identification of the maintenance/repair service facility(ies) that meets the requirement of CLIN (Item) 0003 of the PRICE SCHEDULE.

Factor 2: Price

a. The Government will review the pricing submissions for completeness and compliance with the instructions provided in 52.212-1 and its addendum. Incomplete price submissions may not be evaluated and the proposal may be eliminated from the competition. Price will not be scored or rated. The Government will evaluate the reasonableness of the offered prices. The Government will NOT evaluate the realism of offered prices.

Normally, adequate price competition establishes a fair and reasonable price. Analytical techniques and procedures described in FAR 13.106-3 may be used, singly or in combination with others, to ensure that the price is fair and reasonable. If adequate competition is not achieved, the solicitation may be cancelled and resolicited in accordance with DFARS 252.215-7007 or the contracting officer may request pricing data in accordance with DFARS 252.215- 7008 so that analytical techniques and procedures described in FAR 15.404-1 may be used, singly or in combination with other techniques, to ensure that the final price is fair and reasonable.

b. The Government will evaluate Offers for award by calculating a Total Evaluated Price (TEP) for each Offeror. TEP will be calculated by adding each priced Contract Line Item Numbers (CLIN/s) and Subcontract Line Item Number (SLIN/s) together and evaluating the total sum, or TEP of the offer. The prices in the offers shall not include taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor’s government in accordance with DFARS 252.229-7001, Alt I;

DFARS 252.229-7003; and DFARS 252.229-7012, which are included in this solicitation.

c. The Government will query the SPRS as an additional evaluation method for evaluating price risk. Price risk will be evaluated by comparing proposed prices to historical prices paid for the same or similar end items which will be used to determine overall price risk to the Government. If an offeror’s proposed total evaluated price/s are evaluated to be unreasonably high or low when compared to the price risk analysis report generated by the SPRS system, the offeror may not be considered for award. An offeror will not be considered favorably or unfavorably for award where no SPRS rating information is found during the Government’s query before award. Where no information is found in SPRS, the offeror shall be determined to have unknown risk score. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.

Factor 3: SUPPLIER PERFORMANCE RISK

The Government will consider Risk is accordance with the provision at 252.204-7024, Notice on the Use of the Supplier Performance Risk System. The Government will consider supplier risk as described in the cited provision.

For purposes of this Risk assessment, the Government will only consider information contained in the Supplier Performance Risk System (SPRS). Any questions or concerns the offeror has concerning its SPRS risk assessments should be addressed as described in paragraph (d) of the provision.

FACTOR RATING DESCRIPTION

The rating will be based on an “Acceptable” /”Unacceptable” basis*. The following definitions will be used to assign the rating:

Acceptable: Offeror has a Supplier Risk Score of Green, Purple, Blue, or Black. Unacceptable: Offeror has a Supplier Risk Score of Yellow, Red or Grey.

*A offeror will not be considered favorably or unfavorably for award where no SPRS rating information is found during the Government’s query before award. Where no information is found in SPRS, the offeror shall be determined to have unknown risk score. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable”.

(b) RESERVED.

(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 (MAY 2024)

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

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

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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