Solicitation_FA5682-14-R-0004_(Solar_Panels_4_Dorms).doc

Section B - Supplies or Services and Prices

INSTALL SOLAR HEATING PANELS, 4 DORMS

FFP

THE CONTRACTOR SHALL FURNISH ALL LABOR, EQUIPMENT, MATERIALS, TRANSPORTATION, SUPERVISION AND ANY OTHER NECESSARY WORK TO ACCOMPLISH THE PROJECT HEREIN LISTED AT THE PRICE STATED HEREUNDER AND STRICTLY IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS CONTRACT INCLUDING THE DOCUMENTS LISTED IN SECTION J HEREIN.

TECHNICAL SPECIFICATIONS PROJECT ASHE 09-1012 RENEWABLE: INSTALL SOLAR HEATING PANELS, 4 DORMS, FAC# 1423, 1424, 1425, 1426 AREA F, AVIANO AIR BASE, ITALY - REVISION #1

FOB: Destination

NSN: Y1NB-SO-LAR-PANS

PURCHASE REQUEST NUMBER: F1F3A24014A002

SIGNAL CODE: A

NET AMT

NOTICES TO OFFERORS

1) All quantities indicated in the project documents furnished by the Government, including the construction cost breakdown, are estimates and the Government shall not be held responsible for the accuracy of the estimated quantities. The contract shall require a completed project on a lump sum basis. It is the responsibility of the offeror to calculate, foresee and perform all quantities of work manifestly necessary to deliver a complete project based on its overall scope.

2) The contractor shall be in possession of a current SOA throughout the entire performance of the contract.

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

NON WORK DAYS

1. Unless otherwise approved by the Contracting Officer, work shall not be performed at the on base site of work on the following U.S. or Italian holidays (including other base closure days).

2. Regular working days as used herein mean Monday through Friday, from 0800 to 1700 hrs., of each week with exception of established Italian or American holidays or any other day proclaimed an official holiday by either Government.

Italian Holidays:

1 January

New Year's Day

6 January

Epiphany

Easter Monday

Monday following Easter Monday

Aviano Patron's Day

25 April

Liberation Day

1 May

Labor Day

2 June

Republic Day

15 August

Assumption Day

1 November

All Saints' Day

8 December

Immaculate Conception

25 December

Christmas Day

26 December

St. Stephen's Day

U.S. Holidays:

1 January *

New Year's Day

3rd Monday in January

Martin Luther King's Birthday

3rd Monday in February

Washington's Birthday

Last Monday in May

Memorial Day

4th of July*

Independence Day

1st Monday in September

Labor Day

2nd Monday in October

Columbus Day

11 November *

Veteran's Day

4th Thursday in November

Thanksgiving Day

25 December*

Christmas Day

*When the holiday is on a Saturday, the preceding Friday will be the U.S. holiday. When the holiday is on a Sunday, the following Monday will be a U.S. holiday.

If delivery is scheduled for a proclaimed holiday, delivery will be made on the next normal workday.

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

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).

CONSTRUCTION INVOICE

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

NOT APPLICABLE

(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

FA5682

Admin DoDAAC

Inspect By DoDAAC

NOT APPLICABLE

Ship To Code

Ship From Code

Mark For Code

Service Approver (DoDAAC)

NOT APPLICABLE

Service Acceptor (DoDAAC)

FA5682

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

(4) 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.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

Severino.mion@us.af.mil Anna.valeri@us.af.mil Valeria.sist.it@us.af.mil

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

NOT APPLICABLE

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

(End of clause)

PAYMENT REMITTANCE ADDRESS

BANK:

ADDRESS:

ACCOUNT NUMBER:

SWIFT:

ABI CODE:

CAB CODE:

IBAN CODE:

Section H - Special Contract Requirements

INSURANCE AMOUNTS

Pursuant to contract clause 52.228-5, Insurance-Work on a Government Installation, the following are the kinds and minimum amounts of insurance that are required for performance of this contract.

Employee and third party bodily injury (in addition to the mandatory contractor's country social insurance).

(i) Per Person:

EURO 1,000,000.00

Per Occurrence:

EURO 5,000,000.00

(ii) Third Party Property Damages, Per Occurrence:

EURO 1,500,000.00

Vehicle Liability Insurance in accordance with the mandatory requirements of the contractor's country and those of the European Common Market for work outside of the contractor's country. Insurance policies may be denominated in other than currency of the contractor's country provided the amount is equivalent to those stated above and the insurance policies are valid in the country where work is to be performed.

OBSERVANCE OF HOST COUNTRY SOCIAL CONTRIBUTION LABOR LAW

(a) The Contractor throughout the life of this contract shall scrupulously observe the requirements of Italian Law regarding the payment of social contributions for Italian national employees as well as the similar laws/directives for employees who are citizens of any European Community member nations. The contractor shall require subcontractors at all tiers to also comply with the payment requirements of this law and those of the European Community member nations. The Contractor shall on a yearly basis, provide copies of the certifications (DURC) issued by the appropriate host nation authority attesting compliance with regular payment requirements of this law and/or corresponding documentation issued for employees that are citizens of other European Community member countries. The certifications shall be provided any time a new employee or subcontractor performs work under this contract or upon expiration of any previously provided certifications. Failure of the Contractor to strictly observe this special contract requirement shall be sufficient reason for the U.S. Government to terminate this contract for Cause.

(b) The contractor shall be responsible for complying with any and all Italian labor laws, relations and standards in effect or which shall come into effect during the term of this contract. Such compliance shall pertain to: hours of work, wages, salaries, working conditions, labor relations (including collective bargaining, union agreements etc.), particular workmen's compensation, social security contributions for all categories of dependents and professionals.

The Contractor and all subcontractors are required to adhere with all safety laws in effect (I.L. 626, 494) and that may come into effect of the Italian Government. The Contracting Officer reserves the right to suspend work until such time as adherence to the laws is assured and to remove from the work site any worker found to ignore required safety practices. Such suspensions of work or removal of employees shall be at no cost to the Government. Failure by the contractor to correct deficiencies in reasonable time shall be cause for Termination for Default.

(c) Furthermore the contractor shall safeguard his firm with additional insurance against the risks of monetary recovery by Italian authorities and workers for accidents, injuries or deaths which are imputable to the contractor for failure to observe required safety practices and/or any requirement of paragraph a. above.

(d) The contractor shall be totally responsible and shall save harmless the U.S. Government from any and all disputes, claims, or grievance initiated by employees or third parties because of failure to comply with this special contract requirement.

(e) Construction contractors shall be responsible for written notification to the local labor benefits office of site work initiation under this contract and shall produce copy of such notice to the Contracting Officer.

(f) With each base pass request the Contractor shall furnish the health insurance and labor benefits employee number.

(g) With signature of the offer the contractor warrants that the proposed price(s) include all costs in effect or which shall come into effect during the term of the contract for compliance with this contract requirement and also for all responsibilities and risks as indicated herein.

PREPARATION OF MATERIAL APPROVAL SUBMITTALS

The submittals contemplated by the clause entitled “Material and Workmanship” shall be accomplished on and in accordance with the instructions pertaining to AF Form 3000, Material Approval Submittal.

PREPARATION OF PROGRESS SCHEDULES AND REPORTS

The reports contemplated by the clause herein entitled: “Schedules for Construction Contracts” shall be accomplished on and in accordance with the instructions pertaining to AF Form 3064, Contract Progresss Schedule, and AF Form 3065, Contract Progress Report.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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/these address(es):

http://farsite.hill.af.mil

(End of clause)

5352.223-9000

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.]

(End of clause)

5352.242-9000 Contractor Access to Air Force Installations

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 additional requirements if any 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 work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with any additional requirement.

(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

(f) Failure to comply with these requirements may result in withholding of final payment.

(End of clause)

GOVERNMENT FILL-INs

Clause 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

Insert: “30” and “210 calendar days”

52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA OR INFORMATION OTHER THAN CERTIFIED COST OR PRICING DATA--MODIFICATIONS (OCT 2010)—ALTERNATE IV (OCT 2010)

Para (b) Insert: “Construction Cost Estimate Breakdown or other forms/documents provided by the Contracting Officer”

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

Insert: “80”

52.236-4 PHYSICAL DATA (APR 1984)

Para (b) Insert: “Average record for Aviano Air Base only, records for other work sites are not available.

% of Hr. Temp. is

Average Min.

Extreme Min.

Below 1(C from Average Relative

Month Temp. ((C) Temp. ((C) 0600 to 1700 hrs. Humidity (%)

JAN

-2 -13

FEB

-11

MAR

-12

APR

- 3

MAY

JUN

JUL

AUG

SEP

OCT

- 2

NOV

-10

DEC

-1 -12

% of Hr.

Humidity is

Over 70% from Average Number

1200 to 1400 of Days With

Month Hrs.

Precipitation Snow Thunderstorms

JAN

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

DEC

* = Occurs less than 1 day or 1%.

Para (c) Insert: No Government transportation vehicles or facilities are available for contractor use.

Para (d) Insert: Items identified as Government Furnished Property will be turned over to the Contractor, whenever he requests such items, at a warehouse located within the limits of Aviano Air Base.

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

Change all references to 1 year to read 2 years.

252.229-7003 TAX EXEMPTIONS (ITALY) (JAN 2002)

Para (iii) Insert: “91000190933”

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

Para (e) Insert: “SEE SECTION J HEREIN” OFFEROR FILL-INs

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)

Para (b) Material Insert:_______________________ Identification No. Insert: ______________________

252.223-7001 HAZARD WARNING LABELS (DEC 1991)

Para (c) Material Insert: _______________________ ACT Insert: ________________________________

252.229-7001 TAX RELIEF (JUN 1997)

Para (a) Name of Tax Insert: _________________ Rate Insert: _________________

Section J - List of Documents, Exhibits and Other Attachments

LIST OF ATTACHMENTS – CONSTRUCTION CONTRACTS

The following documents are an integral part of this contract:

a. Attachment 1:

Master Technical Specifications for Construction Projects Aviano Air Base, Aviano, Italy, dated November 2005

b. Attachment 2:

Aviano AB Design Guide 2011 Revision including Annexes

c. Attachment 3:

Technical Specifications Project ASHE 09-1012 Renewable: Install Solar Heating Panels, 4 Dorms, Fac# 1423, 1424, 1425,1426 Area F, Aviano Air Base, Italy – Revision #1 marked Statement of Work – Rev #1 and dated Feb 2014.

- 16 pages including cover page, Addendum #1 and schematic drawing (attachment to Addendum #1)

Section K - Representations, Certifications and Other Statements of Offerors

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2014)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238220.

(2) The small business size standard is NOT APPLICABLE.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

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

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

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

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

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

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

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

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, Central Contractor Registration.

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

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

(B) Exceed the simplified acquisition threshold; and

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

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012.

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

(vii) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.

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

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

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

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to--

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

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

(i) 52.219-22, Small Disadvantaged Business Status.

(A) Basic.

(B) Alternate I.

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

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

(iv) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for Certain Services–Certification.

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

(vi) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

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

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

FAR Clause Title Date Change

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

(End of provision)

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV

2011)

(a) Definition. Covered DoD official is defined in the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials.

(b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal

Acquisition Regulation 3.104-2.

(End of provision)

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2013)

Substitute the following paragraphs (d) and (e) for paragraph (d) of the provision at FAR 52.204-8:

(d)(1) The following representations or certifications in the System for Award Management (SAM) database are applicable to this solicitation as indicated:

(i) 252.209-7001, Disclosure of Ownership or Control by the Government of a Terrorist Country. Applies to all solicitations expected to result in contracts of $150,000 or more.

(ii) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus--Representation. Applies to all solicitations with institutions of higher education.

(iii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.

(iv) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.

(v) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance will be in Italy.

(vi) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance will be in Spain.

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer:

____ (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.

____ (ii) 252.225-7000, Buy American--Balance of Payments Program Certificate.

____ (iii) 252.225-7020, Trade Agreements Certificate.

____ Use with Alternate I.

____ (iv) 252.225-7022, Trade Agreements Certificate--Inclusion of Iraqi End Products.

____ (v) 252.225-7031, Secondary Arab Boycott of Israel.

____ (vi) 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program Certificate.

____ Use with Alternate I.

____ Use with Alternate II.

____ Use with Alternate III.

____ Use with Alternate IV.

____ Use with Alternate V.

____ (vii) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.

(e) The offeror has completed the annual representations and certifications electronically via the SAM Web site at https://www.acquisition.gov/. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below ____ [offeror to insert changes, identifying change by provision number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

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

252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION 2012-O0004) (JAN 2012)

(a) In accordance with sections 8124 and 8125 of Division A of the Consolidated Appropriations Act, 2012,(Pub. L. 112-74) none of the funds made available by that Act may be used to enter into a contract with any corporation that—

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

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

(b) The Offeror represents that—

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

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

(End of provision)

252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992)

(a) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term supplies is defined in the Transportation of Supplies by Sea clause of this solicitation.

(b) Representation. The Offeror represents that it:

____ (1) Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

____ (2) Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

(c) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense FAR Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea.

(End of provision)

NON APPLICABILITY OF ITALIAN CIVIL CODES

The undersigned contractor, having seen and completely knowledgeable of the contents of the solicitation and eventual contract, in all of its parts, hereby renounces to any and all rights afforded to him by article 1341 of the Italian Civil Code with respect to the provisions and clauses of this contract and Italian Civil Code articles 1664, 1467 and 1673. The renouncement is made on his own free will without having received influence of any kind, from any third parties, including the contracting officer. The contractual price includes adequate monetary compensation for this renouncement.

I hereby certify to have read and understood all terms, conditions and clauses of this contract and hereby approve them in their entirety.

Name of Contractor: _______________________________________________________ Position of Agent: _________________________________________________________

Signature of Agent: ________________________________________________________

USE OF DRAWINGS, MAPS, SITE PLANS AND OTHER DOCUMENTS

a. For purposes of this certification drawings, maps, site plans and other documents shall be referred to as the "documents".

b. The Offeror certifies that he understands and shall observe the following instructions concerning the "documents" furnished by the government including those developed by him if required by the scope of the eventual contract:

The "documents" shall not be:

(1) reproduced in whole or in part without the written consent of the Contracting Officer prior to award of the contract.

(2) released to third party personnel or subcontractors without the written consent of the Contracting Officer. For purposes of obtaining written consent, the Contractor shall provide the Contracting Officer the name of the firms who require the "documents" and the contents to be released.

(3) reproduced in whole or in part after contract award, without the written consent of the Contracting Officer. The request for approval shall contain a list of "documents" that require reproduction, the number of copies and to whom they will be distributed.

(4) retained by the Contractor after contract completion without the approval of the Contracting Officer.

NAME OF OFFEROR: ________________________________________________

SIGNATURE: ______________________________________________________

NAME AND TITLE OF SIGNER: _______________________________________

OFFEROR'S FILL-INS

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2013)

Paragraph (d)(2)(vii) inserts: 252.247-7022 Representation of Extent of Transportation by Sea.

(a) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term “supplies” is defined in the Transportation of Supplies by Sea clause of this solicitation.

(b) Representation. The Offeror represents that it

_____ Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

_____ Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

Section L - Instructions, Conditions and Notices to Bidders

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (JULY 2013)

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

Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

Data Universal Numbering System +4 (DUNS+4) number means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern.

Registered in the System for Award Management SAM database means that--

(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14) into the SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number--

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and Zip Code.

(iv) Company Mailing Address, City, State and Zip Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

(End of clause)

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004)

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

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

“In writing or written” means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time”, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show--

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, or revision, of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications, or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's…