FA5575-16-Q-0001_Combo_-_Amend_01.pdf

DEPARTMENT OF THE AIR FORCE

496 Air Base Squadron (USAFE)

Combined Synopsis/Solicitation

Request for Quote (RFQ) – MSA Fiber – Reference (FA5575-16-Q-0001)

Requesting Agency: 496 ABS / SC – Communications Flight

Morón Air Base, Morón de la Frontera, Spain 41530

Purchasing Agency: 496 ABS / LGC – Contracting Flight

Morón Air Base, Morón de la Frontera, Spain 41530

I. This is a combined synopsis/solicitation for a commercial item prepared in accordance with the format in FAR Subpart 12.6 and 13.5, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

II. Note: In order to be considered for award, offeror must adhere to all quotation requirements detailed herein, with special attention to Addenda to FAR 52.212-1

Instructions to Offerors - Commercial Items and FAR 52.212-2 EVALUATION--

COMMERCIAL ITEMS (OCT 2014) and Addenda to 52.212-2. Submit written quotes in reference to Request for Quote (RFQ) reference FA5575-16-Q-0001.

III. This solicitation document and incorporated provisions and clauses are those in effect through FAC 2005-89 effective 14 July 2016, DPN 20160811 effective 11 August 2016, AFAC 2016-0603 effective 3 June 2016.

IV. Due to the overseas location of this solicitation, no set-aside will be used. The NAICS code for this requirement is 335929, communications wire and cable, nonferrous, made from purchased nonferrous wire.

V. FAR Part 52.212-3 -- Offeror Representations and Certifications. The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award

Management (SAM) Web site accessed through http://www.sam.gov/portal. If the

Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision. Note: If completing paragraphs (c) through (r) the offeror shall provide the full text of the provision with their quote submission in order to be eligible for award.

DESCRIPTION OF REQUIREMENT

The contractor shall engineer, furnish, install and test (EFI&T) new manhole and duct bank infrastructure and armored single mode fiber optic cable to upgrade and enhance the fiber optic cable connectivity between building 110 to buildings 1012, 1015, 1016 and 1028 in the Munitions Storage Area (MSA) at

Moron AB, Spain. Contractor shall be legally able to work in Spain and able to provide their own equipment, tools, materials, expertise and labor. Work requires underground cable installation, inner-ducts http://www.sam.gov/portal and MH conduit system installation.

***To be considered for award, you or your company must be registered in System for Award

Management (SAM) at www.sam.gov and subsequently enrolled in Wide Area Workflow

(WAWF), https://wawf.eb.mil/, for purpose of invoice/payment if awarded the contract. Please note that WAWF is the ONLY ACCEPTABLE means of invoicing and payment. Offerors should provide their DUNS number, CAGE (or NCAGE) code, and confirmation of their SAM registration along with their quote. ***

CONTRACT LINE ITEM NUMBERS/ PRICE SCHEDULE

Line

Item Description Quantity Unit Price

MSA Fiber

One (1)

Lot

Stated in $ or €

The contractor shall engineer, furnish, install and test (EFI&T) new manhole and duct bank infrastructure and armored single mode fiber optic cable to upgrade and enhance the fiber optic cable connectivity between building 110 to buildings 1012, 1015, 1016 and 1028 in the Munitions Storage Area (MSA) at

Moron AB, Spain. Contractor shall be legally able to work in

Spain and able to provide their own equipment, tools, materials, expertise and labor.

Final Price Extended

**Please provide below how many days after date of contract to complete all work listed in the price schedule above. **

________ Days after date of contract award.

DUNS ___________________, CAGE (or NCAGE) _____________________

DELIVERY AND INSPECTION

Delivery and inspection/acceptance shall be made by the requesting agency on behalf of the U.S.

Government, at FOB Destination, Moron AB, Spain.

INSTRUCTIONS AND CLAUSES

In accordance with FAR 13.004 -- Legal Effect of Quotations the following information is provided in regards to quotations.

A quotation is not an offer and, consequently, cannot be accepted by the Government to form a binding contract. Therefore, issuance by the Government of an order in response to a supplier’s quotation does not establish a contract. The order is an offer by the Government to the supplier to buy certain supplies or services upon specified terms and conditions. A contract is established when the supplier accepts the offer.

When appropriate, the contracting officer may ask the supplier to indicate acceptance of an order by notification to the Government, preferably in writing. In other circumstances, the supplier may indicate acceptance by furnishing the supplies or services ordered or by proceeding with the work to the point where substantial performance has occurred.

If the Government issues an order resulting from a quotation, the Government may (by written notice to the supplier, at any time before acceptance occurs) withdraw, amend, or cancel its offer.

If you have any questions or concerns, please contact one of the following:

Primary point of contact:

Contract Specialist: Charles Hertenstein, SSgt

Email: charles.hertenstein@us.af.mil

Secondary point of contact:

Contracting Officer: Nigel Prince, TSgt

Email: nigel.prince@us.af.mil

Addenda to FAR 52.212-1 Instructions to Offerors - Commercial Items

As prescribed in FAR 12.302(d) the following addendum is provided for solicitation provision FAR

52.212-1 and hereby amends any language therein:

(b) Submission of offers: All quotes must be submitted in English and include the following information listed in this addenda:

(2) The time specified in the solicitation for receipt of offers/requests for information -

Quotes are due to this office no later than 2:00p.m. European Central Time September, 9 2016. All requests for information must be submitted no later than 5:00p.m. European Central Time

September, 5 2016 to the contacts listed below. Government responses shall be posted to this solicitation on FBO no later than 5:00p.m European Central Time September, 7 2016. Quotes may be sent via e-mail to SSgt Charles Hertenstein charles.hertenstein@us.af.mil and TSgt Nigel Prince at nigel.prince@us.af.mil. Email maximum is limited to 6MB or in sequential (1 of 2…) order, when over this maximum. PDF and/or MS Word are the preferred file types for quote submissions.

(4) A Quality Control Plan of the items and incidental service being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. See Factor 1, Sub-factor 1 of 52.212-2 –

Evaluation—COMMERCIAL ITEMS for required submissions. Quality Control Plan shall not exceed 20 total pages.

(9) Acknowledgment of Solicitation Amendments;

**Acknowledgement of Amendment(s)**

Amendment # Authorized Company Point of Contact (Printed name and signature)

(10) Past performance information:

Non-Spanish companies shall provide at a minimum two (2) recent and relevant contracts for the same or similar type of work required within the Statement of Work performed within the last 5 years from the date of this solicitation and other references (including contract numbers, points of contact with telephone numbers, description of work performed/products offered, and other relevant information) not to exceed 6 pages total.

Spanish companies shall provide:

Group I, Subgroup 7 (Telecommunications) of the "Registro Oficial de Licitadores y Empresas

Clasificadas del Estado" of the "Ministerio de Hacienda y Administraciones Públicas" of the Spanish

Government.

(c) Period for acceptance of offers. Quotes shall be shall be valid through 30 September 2016.

(End Addendum)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award one contract resulting from this solicitation to the responsible offeror with the lowest Total Evaluated Price (TEP) that meets the acceptability standards for non-price factors utilizing

FAR Parts 12 and 13. The Government may award without discussions; however, the Government reserves the right to conduct discussions if deemed in the Government’s best interest. The following factors will be used to evaluate offers:

Factor 1 - Technical Capability

Factor 2 - Price

(b) 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.

Addendum to FAR 52.212, Evaluation - Commercial Items

Factor 1 – Technical Capability:

Only those offers determined acceptable will be considered for further evaluation. In order to be considered awardable, there must be an “acceptable” rating in every sub-factor.

TECHNICAL CAPABILITY RATINGS

RATING RATING DEFINITION

Acceptable Offer clearly meet the requirements outlined in Solicitation.

Unacceptable Offer does not clearly meet the minimum requirements of the Solicitation.

Sub-Factor 1: Quality Control Plan. The offeror’s quoted offer meets all the specifications outlined in the Statement of Work. More specifically, the offeror must demonstrate in their written quality control plan how quality will be assured throughout the project as it pertains to sections 2.1, 2.2.1, 2.2.2, 2.2.3, 2.2.4, 2.2.5, 2.2.6, 2.2.7, 2.2.8 2.2.9, 2.2.10, 2.2.11, 2.2.12, 3.3, and 3.4 of the

Statement of Work. In order to be considered “Acceptable”, the offeror’s quality control plan must address the approach to quality control and how it will be applied throughout the duration of the project to include the methods that will be used to handle deficiencies and how it will mitigate issues that may arise.

Sub-Factor 2: Past Performance. Past Performance shall be evaluated based on subjective assessment of how well the offeror performed on past recent and relevant work. This rating is based upon offeror-provided information, or information obtained from any other sources of past performance information, indicating performance of same or similar requirements. In order to be considered “Acceptable”, the offeror’s quote demonstrated to have performed the same or similar type of work required in the Statement of Work within the last 5 years from the date of this solicitation. Spanish contractors shall be evaluated by their submission of certificate Group I, Subgroup 7 (Telecommunications) of the "Registro Oficial de Licitadores y Empresas Clasificadas del Estado" of the "Ministerio de Hacienda y Administraciones Públicas" of the Spanish

Government. This requirement provides proof of experience, technical skills, qualified personnel and technical equipment of such company to perform the works, as well as proven financial capacity based in previous contracts with the Spanish Government.

(A) Recent past performance information includes contracts performed and/or being performed for any customer within the last five (5) years from the issuance date of the solicitation.

(B) Relevant past performance is that which involved similar scope, magnitude of effort, and complexity that this solicitation requires.

PAST PERFORMANCE RELEVANCY RATINGS

RATING RATING DEFINITION

Recent & Relevant

Past performance involved similar scope, magnitude of effort, and complexity that this solicitation requires and was performed within the last 5 years.

Not Recent &

Relevant

Past performance did not involve similar scope, magnitude of effort, and complexity that this solicitation requires and was performed within the last 5 years.

Note: In the case of an offeror without a record of recent/relevant past performance or for whom past performance is not available, or so sparse that a meaningful past performance rating cannot be reasonably assigned, the offeror cannot be evaluated favorably or unfavorably on past performance (see

FAR 15.305(a)(2)(iv)). Therefore, the offeror will be determined to have an unknown past performance. In the context of acceptability/unacceptability, “unknown” will be considered

“Acceptable.”

The Past Performance information may be obtained from the following sources:

(A) Reference List (Please see details in the Addenda to FAR 52.212-1).

(B) The contracting officer’s knowledge of and previous experience with the supply or service being acquired;

(C) Customer surveys, and past performance questionnaire replies;

(D) The Government wide Past Performance Information Retrieval System (PPIRS) at www.ppirs.gov; or

(E) Any other reasonable basis.

Factor 2 - Price:

All offers proposed prices will be determined by adding the quoted price for each Contract Line Item

Number (CLIN) to confirm the extended amount and the total amount. The price evaluation will document the reasonableness and completeness of the total evaluated price.

(c) BASIS FOR CONTRACT AWARD: The Government will award one contract resulting from this solicitation to the responsible offeror with the lowest Total Evaluated Price (TEP) that meets the acceptability standards for non-price factors utilizing FAR Parts 12 and 13. In accordance with 13.106-2(b)

(3), the Government is not required to establish a competitive range, conduct discussions, or score offers. Consistent with simplified acquisition procedures, the evaluation process is as follows:

i. Price: The Government will evaluate all offers for price, ranking the offerors from lowest to highest total evaluated price.

ii. Technical Capability: The lowest priced offer will then be evaluated for Technical

Acceptability. Offers must be rated “Acceptable” in all sub-factors to receive an Acceptable

Technical rating. If the lowest priced offeror’s offer is found “Technically Unacceptable”, the next low offeror’s offer will be evaluated, continuing until an offeror with a “Technically

Acceptable” offer is identified.

iii. The Government reserves the right that: If the lowest priced offer, with the ability to meet the

Government’s requirement, past performance is determined to be “Acceptable”, the evaluation process may stop and the award may be made to that offeror, pending an affirmative price fair and reasonable determination. However, if it is determined to be in the best interest of the government, the government will continue with the evaluation and reserves the right to enter into discussions any time during the evaluation process. In addition, the government may conduct comparative evaluations of offeror’s to determine the best value offer.

Arithmetic Discrepancies: For the purpose of initial evaluation of offers, the following will be utilized in resolving arithmetic discrepancies as submitted by the offeror.

(A) Obviously misplaced decimal points will be corrected;

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

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

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

(End of provision)

The following provisions and clauses are listed by reference:

52.203-6 Restrictions on Subcontractor Sales to the Government May-14

52.203-6 Alt

I Restrictions on Subcontractor Sales to the Government Oct-95

52.204-16 Commercial and Government Entity Code Reporting Jul-15

52.204-18 Commercial and Government Entity Code Maintenance Jul-15

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations Nov-15

52.209-6 Protecting the Governments Interest When Subcontracting With Contractor's

Debarred, Suspended, or Proposed for Debarment Aug-13

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters Jul-13

52.212-1 Instructions to Contractors - Commercial Items Oct-15

52.212-4 Contract Terms and Conditions - Commercial Items May-15

52.222-19 Child Labor - Cooperation With Authorities and Remedies Feb-16

52.222-21 Prohibition of Segregated Facilities Apr-15

52.222-56 Certification Regarding Trafficking in Persons Compliance Plan Mar-15

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving Aug-11

52.225-13 Restrictions on Certain Foreign Purchases Jun-08

52.232-18 Availability of Funds Apr-84

52.232-33 Payment by Electronic Funds Transfer - System for Award Management Jul-13

52.232-40 Providing Accelerated Payments to Small Business Subcontractors Dec-13

52.233-3 Protest After Award Aug-96

52.233-4 Applicable Law for Breach of Contract Claim Oct-04

52.237-2 Protection of Government Buildings, Equipment, and Vegetation Apr-84

252.203-

Requirements Relating to Compensation of Former DOD Officials Sep-11

252.203-

Requirement to Inform Employees of Whistleblower Rights Sep-13

252.203-

Representation Relating to Compensation of Former DOD Officials Nov-11

252.204-

Control of Government Personnel Work Product Apr-92

252.204-

Billing Instructions Oct-05

252.204-

Compliance With Safeguarding Covered Defense Information Controls Dec-15

252.204-

Alternative Line Item Structure Sep-11

252.204-

Safeguarding Covered Defense Information and Cyber Incident Reporting Dec-15

252.204-

Disclosure of Information to Litigation Support Contractors Feb-14

252.209-

Subcontracting With Firms That Are Owned or Controlled by the Government of a Country That Is a State Sponsor of Terrorism Oct-15

252.213-

Notice to Prospective Suppliers on Use of Past Performance Information

Retrieval System - Statistical Reporting in Past Performance Evaluations May-15

252.215-

Notice of Intent to Resolicit Jun-12

252.222-

Representation Regarding Combating Trafficking in Persons Jan-15

252.225-

Buy American and Balance of Payments Program - Basic Nov-14

252.225-

Qualifying Country Sources As Subcontractors Dec-12

252.225-

Identification of Expenditures in the United States Jun-05

252.225-

Preference for Certain Domestic Commodities Feb-13

252.225-

Secondary Arab Boycott of Israel Jun-05

252.225-

Antiterrorism/Force Protection for Defense Contractors Outside the United States Jun-15

252.225-

Export - Controlled Items Jun-13

252.225-

Disclosure of Ownership or Control by the Government of a Country That Is a

State Sponsor of Terrorism Oct-15

252.226-

Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and

Native Hawaiian Small Business Concerns

Sep-04

252.229-

Tax Exemptions (Spain)

Mar-12

252.232-

Electronic Submission of Payment Requests and Receiving Reports

Jun-12

252.232-

Levies on Contract Payments Dec-06

252.233-

Choice of Law (Overseas) Jun-97

252.243-

Pricing of Contract Modifications Dec-91

252.243-

Requests for Equitable Adjustment Dec-12

252.244-

Subcontracts for Commercial Items Jun-13

252.247-

Transportation of Supplies by Sea - Basic Apr-14

52.209-7 Information Regarding Responsibility Matters (JUL 2013)

(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 database via https://www.acquisition.gov (see 52.204-7).

(End of Provision)

52.212-5: Contract Terms and Conditions Required to Implement Statutes or Executive Orders –

Commercial Items (DEVIATION 2013-O0019) (Jun 2016)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller

General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b) (1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) __X__ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

__X_ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter

67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302

Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause

52.247-64.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause

52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.214-34 Submission of Offers in the English Language (Apr 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

52.225-14 Inconsistency Between English Version and Translation of Contract (Feb 2000)

In the event of inconsistency between any terms of this contract and any translation into another language, the English language meaning shall control.

52.237-2 Protection of Government Buildings, Equipment and Vegetation (Apr 1984)

The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor’s failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the

Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the

Contractor shall be liable for the cost, which may be deducted from the contract price.

52.252-1: Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: http://farsite.hill.af.mil/

52.252-2: Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://farsite.hill.af.mil/

52.252-5 Authorized Deviations in Provisions (Apr 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

52.252-6 Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

http://farsite.hill.af.mil/ http://farsite.hill.af.mil/

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation (48 CFR 2) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

252.229-7001 Tax Relief (Sep 2014)

(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor’s government.

The following taxes or duties have been excluded from the contract price:

NAME OF TAX: IVR RATE (PERCENTAGE): 21%

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

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

252.232-7006 Wide Area WorkFlow Payment Instructions (May 2013)

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

“Document type” means the type of payment request or receiving report available for creation in Wide

Area WorkFlow (WAWF).

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

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of

Payment Requests and Receiving Reports.

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

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

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

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based

Training Course and use the Practice Training Site before submitting payment requests through WAWF.

Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic

Data Interchange, or File Transfer Protocol.

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

(1) Document type. The Contractor shall use the following document type(s).

Invoice and Receiving Report (Combo)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm https://www.acquisition.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

FOB Destination, Base Aerea de Moron, Moron de la Frontera, Spain

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

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC F78900

Issue By DoDAAC FA5575

Admin DoDAAC FA5575

Inspect By DoDAAC FA5575

(1) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(2) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send

Additional Email Notifications” field of WAWF once a document is submitted in the system.

charles.hertenstein@us.af.mil or 496abs.lgc.contractorsupport@us.af.mil

(b) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in

WAWF from the following contracting activity’s WAWF point of contact.

charles.hertenstein@us.af.mil

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

5352.201-9101 Ombudsman

As prescribed in 5301.9103, insert the following clause:

OMBUDSMAN (JUN 2016)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

mailto:erik.johnson.13@us.af.mil mailto:496abs.lgc.contractorsupport@us.af.mil mailto:erik.johnson.13@us.af.mil http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/af_afmc/affars/5301.htm#p53019103

(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, Primary:

Mr. Douglas Guldan

AFICA/KU, UNIT 3103, APO, AE 09094-3103

AFICA/KU, Geb 404, Flugplatz Ramstein, 66877 Ramstein-Miesenbach, Germany

E-mail: douglas.guldan@us.af.mil

Tel: DSN: (314)480-2209 Fax: (49)-6731-47-2025

Alternate:

Ms. Heidi Hoehn

AFICA/KU, UNIT 3103, APO, AE 09094-3103

AFICA/KU, Geb 404, Flugplatz Ramstein, 66877 Ramstein-Miesenbach, Germany

E-mail: heidi.hoehn.de@us.af.mil

Tel: DSN: (314)480-9330 Fax: (49)-6731-47-2025

Concerns, issues, disagreements, and recommendations that cannot be resolved at the

Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.

5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS) As prescribed in 5323.804-90, insert the following clause in solicitations and contracts:

ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODS) (NOV 2012)

(a) Contractors shall not:

(1) Provide any service or product with any specification, standard, drawing, or other document that requires the use of a Class I ODS in the test, operation, or maintenance of any system, subsystem, item, component, or process; or

(2) Provide any specification, standard, drawing, or other document that establishes a test, operation, or maintenance requirement that can only be met by use of a Class I ODS as part of this contract/order.

[Note: This prohibition does not apply to manufacturing.]

(b) For the purposes of Air Force policy, the following products that are pure (i.e., they meet the relevant product specification identified in AFI 32-7086) are Class I ODSs:

(1) Halons: 1011, 1202, 1211, 1301, and 2402;

(2) Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, and CFC-217, and the blends R-

500, R-501, R-502, and R-503; and

(3) Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide.

[NOTE: Material that uses one or more of these Class I ODSs as minor constituents do not meet the Air

Force definition of a Class I ODS.]

5352.223-9001 Health and Safety on Government Installations http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/af_afmc/affars/5323.htm#p5323804 http://static.e-publishing.af.mil/production/1/af_a4_7/publication/afi32-7086/afi32-7086.pdf

As prescribed in 5323.9001, insert the following clause in solicitations and contracts:

HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (NOV 2012)

(a) In performing work under this contract on a Government installation, the contractor shall:

(1) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and

(2) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes.

(b) The contracting officer may, by written order, direct Air Force Occupational Safety and Health

(AFOSH) Standards and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract.

(c) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract.

5352.225-9004 Submission of Offers in Other than United States Currency As prescribed in 5325.1002, insert the following provision in solicitations:

SUBMISSION OF OFFERS IN OTHER THAN UNITED STATES CURRENCY (JUNE 2006)

(a) Offers may be submitted in United States dollars or the currency accepted at the place of performance.

(b) All offers shall be evaluated for determination of contract award by converting all foreign currencies to equivalent United States dollars by using the Foreign Currency Fluctuation Defense (FCFD) budget rate for the applicable currency in effect on the date set for the receipt of initial proposals.

(c) When a "Final Proposal Revision" is requested and received, in accordance with the applicable solicitation's terms and conditions, offers shall be evaluated by converting all foreign currencies to equivalent United States dollars by using the Foreign Currency Fluctuation Defense (FCFD) budget rate for the applicable currency in effect on the date set for the receipt of initial proposals.

5352.228-9101 Insurance Certificate Requirement in Spain (USAFE) (OCT 2012)

(a) Below follows the Insurance Certificate required for any Third Country National (TCN) contractor, other than U.S. or Spanish, required for use under this contract. The certificate is provided to standardize base access procedures. It must be completed and signed by the policyholder and the insurer.

(b) The amount of coverage minimum is 90,151.82 Euros per insured party (personal injury), 60,101.21

Euros per accident (property damage), and 6, 010.12 Euros security deposit for legal fees. In all cases the amount of coverage, if different from the above amounts, will be determined by the insurer, except in situations where the minimum coverage applies.

(c) The request for base access and the insurance certificate should be processed in accordance with DoD

Foreign Clearance Guide instructions for Spain.

(d) Complete the following certification:

INSURANCE CERTIFICATION

CERTIFICATE OF INSURANCE COVERAGE OF THE CIVIL LIABILITY REFERRED TO UNDER

ARTICLE 5 OF ANNEX 6 TO THE AGREEMENT BETWEEN THE KINGDOM OF SPAIN AND THE

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/af_afmc/affars/5323.htm#p53239001 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/af_afmc/affars/5325.htm#p53251002 https://www.fcg.pentagon.mil/ https://www.fcg.pentagon.mil/

UNITED STATES OF AMERICA ON COOPERATION FOR THE DEFENSE, SIGNED THE 1st OF

DECEMBER 1988.

The insurance Company _______________________________________________ with legal domicile in

Tel: __________________________ of Spanish/US nationality, registered in the Mercantile Registry of_______________________________________ Date:____________________, Number________, Book:_______, Section _____, Volume________, Page_______.

CERTIFIES

That Mr./Mrs. ____________________of_____________________ nationality, with passport number_______________, has contracted with this company Policy Number _____________ of civil liability against damages to persons or property which could arise from his/her actions or omissions in the performance of his/her official functions/professional activities in Spain because of the contract of

______________________________________________________ for the U.S. forces, and during the visit which, in respect of such contract, he/she may make to the _______________ Military Base, according to the general conditions in force for this type of insurance and also to the special conditions created for this purpose in the Spanish-U.S. Permanent Committee; that he/she has paid the premium according to the agreed conditions; and that such Policy is in force.

The Policy establishes as coverage of the mentioned risks the following amounts:

INDEMNITY LIMITS:

- For casualty: 601,012.10 Euros

With the following sub-limits for each injured person:

- For personal liability: 90,151.82 Euros

- For property damage: 60,101.21 Euros

- For Judiciary Bond: 6, 010.12 Euros

The granted coverage is effective from ________________ through________________, and does not include any type of franchise, or similar limitation, to be deducted from the mentioned guarantees or any clause which requires the submission to any type of arbitration. The underwriting insurance company considers that the established amounts adequately cover the insured risks.

The policy sets forth the following clauses:

1. “The insurance company waives any right of subrogation against the United States of America which may arise by reason of any payment under this Policy.”

2. “The parties hereto explicitly agree to submit to the jurisdiction of the Spanish Courts of Law and to the

Spanish Laws to settle any matter related to the construction or enforcement of the clauses and conditions of this Policy.”

IN WITNESS HEREOF, the present document is signed in______________________________, on the____________of_____________20____

For the Insured Company (signature) For the Insurance (signature)

CERTIFICADO DE COBERTURA DE SEGURO DE LA RESPONSABILIDAD CIVIL A QUE SE

REFIERE EL ARTICULO 5 DEL ANEXO 6 AL CONVENIO ENTRE EL REINO DE ESPAÑA Y LOS

ESTADOS UNIDOS DE AMERICA SOBRE COOPERACION PARA LA DEFENSA, FIRMADO EL

DIA 1 DE DICIEMBRE DE 1988.

La Compañia de Seguros ______________________________________ con domicilio social en la

Calle/Avda./Pla. ____________________________________________________________________, Tlfo.: _________________ , de nacionalidad española/norteamericana, inscrita en el Registro Mercantil de______________________________, fecha _________________, Número ________, Libro _________, Sección ______, Tomo _______, Folio_______.

CERTIFICA:

Que D. __________________________, de nacionalidad _________________________, provisto del pasaporte número _______________________, tiene suscrita con esta Compañia la Póliza número

____________________________, de responsabilidad civil contra daños a personas y cosas que pudieran derivarse de acciones u omisiones realizadas en el desempeño de sus funciones oficiales/actividades profesionales en España con ocasión del contrato de __________________________________________, para las Fuerzas de los EE.UU. y con la visita que en relación con dicho contrato realice a la Base Militar de

___________________________, según las condiciones generales vigentes para este tipo de seguros y además las condiciones especiales elaboradas a este fin en el Comité Permanente Hispano-Norteamericano;

habiéndose satisfecho la prima según las condiciones pactadas, y encontrándose dicha Póliza en vigor.

La Póliza establece como cobertura de los riesgos mencionados las siguientes cuantías:

LIMITES DE INDEMNIZACION:

- Por siniestro: -------------------------- 601.012,10 Euros

Con los siguientes sublímites por perjudicado:

- Por daños personales:----------------- 90.151,82 Euros

- Por daños materiales: ----------------- 60.101,21 Euros

- Por fianzas judiciales:-_--------------- 6.010,12 Euros

Las coberturas otorgadas son efectivas desde el ___________________________, hasta el

_________________________, no incluyéndose en las mismas ningún tipo de franquicia o limitación similar a deducir de las garantías indicadas ni ninguna disposición que requiera la sumisión a cualquier tipo de arbitraje. La Compañia aseguradora que suscribe considera que las cuantías establecidas cubren adecuadamente los riesgos asegurados.

La Póliza establece las siguientes cláusulas:

1. “La Compañia Aseguradora renuncia a cualquier derecho de subrogación contra los Estados Unidos de

América que pueda provenir por razones diferentes a pago, bajo la Póliza epígrafiada.”

2. “Las partes se someten expresamente a la jurisdicción de los tribunales españoles y al derecho español para resolver cualquier cuestión relativa a la interpretación o aplicación de las cláusulas y condiciones de la

Póliza.”

Y para que conste a los efectos oportunos, se firma el presente en __________________ a

_______________ de _____________ 2.0___._______________________________________

Tomador: Asegurador:

(END OF CERTIFICATE)

5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (Nov 2012)

(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver's license, current vehicle registration, valid vehicle insurance certificate, and [insert any additional requirements to comply with local security procedures] to obtain a vehicle pass.

(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

(d) When…