M67400-15-T-0114.pdf
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- Feeding and Housing Stray Dogs & Cats
- Solicitation number
- M67400-15-T-0114
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United States Marine Corps
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MARINE CORPS REGIONAL CONTRACTING OFFICE
MARINE CORPS BASE
CAMP S.D. BUTLER
PSC 557 BOX 2000
FPO AP CA 96379-2000
011816117458531
UNDER DPAS (15 CFR 700)
11. DELIVERY FOR FOB
RFQ
SEE SCHEDULE
14. METHOD OF SOLICITATION
IFB RFP
CODE
SEE ADDENDUM
BLOCK IS MARKED
DESTINATION UNLESS
12. DISCOUNT TERMS
(No Collect Calls)
13b. RATING
13a. THIS CONTRACT IS A RATED ORDER
X
CODE
M67400-15-T-0114 24-Jun-2015
b. TELEPHONE NUMBER
011-81-611-745-8145
8. OFFER DUE DATE/LOCAL TIME
11:30 AM 01 Jul 2015
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV 3/2005)
Prescribed by GSA
FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED
ADDENDA ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY
CODE 10. THIS ACQUISITION IS
UNRESTRICTED
FAX: NAICS:
TEL:
CODE 18a. PAYMENT WILL BE MADE BYOFFEROR
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TEL.
M67400
SIZE STD:
9. ISSUED BY
FACILITY
CODE
17a.CONTRACTOR/
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
15. DELIVER TO CODE M20230 16. ADMINISTERED BY
M20230
PROVOST MARSHAL'S OFFICE
MF BASE PMO BUILDING 496
CAMP FOSTER
CHATAN CHO, OKINAWA 904-0100
TEL: FAX:
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
MINAKO YARA
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES
SEE SCHEDULE
TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS
SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS
SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.
SB
HUBZONE SB
SET ASIDE: % FOR
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
TEL: EMAIL:
2 COPIES
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
.OFFER DATED YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE
X
8(A)
SVC-DISABLED VET-OWNED SB
EMERGING SB
X
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
SEE SCHEDULE
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT
PAGE 2 OF
23. UNIT PRICE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV 3/2005) BACK
Prescribed by GSA
FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
M67400-15-T-0114
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 200 Each Feeding and Housing Stray Dogs & Cats
FFP
The Contractor shall provide Feeding and Housing of Stray Dogs and Cats Services in accordance with the Performance Work Statement (PWS).
FOB: Destination
NET AMT
1001 200 Each OPTION Feeding and Housing Stray Dogs & Cats
FFP
The Contractor shall provide Feeding and Housing of Stray Dogs and Cats
2001 200 Each OPTION Feeding and Housing Stray Dogs & Cats
FFP
The Contractor shall provide Feeding and Housing of Stray Dogs and Cats
3001 200 Each OPTION Feeding and Housing Stray Dogs & Cats
FFP
The Contractor shall provide Feeding and Housing of Stray Dogs and Cats
4001 200 Each OPTION Feeding and Housing Stray Dogs & Cats
FFP
The Contractor shall provide Feeding and Housing of Stray Dogs and Cats
CLAUSES INCORPORATED BY FULL TEXT
SUBMISSION OF OFFER
The Offeror is required to submit as its offer the following:
(X) SF1449 (Solicitation M67400-15-T-0114) completed.
(X) Price Proposal
(X) Copies of necessary licenses, certifications for providing the service of Feeding and Housing of Stray Dogs and Cats.
-Business license -Permits (if applicable) -Health department certificate (if applicable) -Veterinarian-approved vaccination criteria (If applicable)
(x) Past Performance Information List, to include relevant and recent contracts and subcontracts over the past three
(3) years but limited to the most recent 5 contracts, for the same or similar services. (See Attachment 1.)
(X) Offeror’s Representations and Certifications --- shall contain all information regarding Offeror’s Representations and Certifications or a validation that System for Award Management (SAM) registration Online Representations and Certifications Application (ORCA) information is up to date and includes all the necessary representations and certifications . Only one (1) original copy shall be submitted.
Offeror Representations and Certifications:
FAR 52.212-3 and FAR 52.209-5 completed.
Note to Offerors:
1) All and any communications/questions (with the exception of the proposal/quote) pertaining to this solicitation must be submitted in writing to the responsible Contracting Specialist, Minako Yara, no later than 25 June 2015 @0800 Japanese Standard Time. If an Offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the Offeror shall immediately notify the Contract Specialist in writing with supporting rationale. The Offeror is reminded that the Government reserves the right to award this effort based on the initial quote, as received, without discussions.
MAIL:
MCIPAC Regional Contracting Office Attn: Minako Yara PSC 557 Box 2000
FPO AP 96379-2000
HAND CARRIED:
Regional Contracting Office Attn: Minako Yara Bldg #355, MCIPAC Camp Smedley D. Butler, Okinawa, Japan
Phone: 011-81-98-970-3128 (from U.S.) / 098-970-3128 (Local) Fax: 011-81-98-970-0969 (from U.S) / 098-970-0969 (Local) E-mail: minako.yara.ja@usmc.mil
2) Submission of offers: The solicitation must be returned to the address listed above at the date and time specified in block #8, page #1. Offers may be submitted by mail, courier, or facsimile. Facsimile offers are subject to the same rules as paper offers. The Government reserves the right to make award solely on the offers received or enter into “discussions”. Offerors bear the burden of ensuring that offers (and any authorized modifications) reach the designated office on time and should allow a reasonable time for facsimile transmissions to be completed.
3) Offers may be submitted electronically (emailed); however, due to government computer firewall security, please be advised that it is the Offeror’s responsibility to ensure that the Contracting Office receives all required documents.
4) All pages of the offer must reach the office before the deadline specified on the solicitation. Pages of a facsimile transmission that arrive in the office after the specified deadline will be marked as late. The Offeror bears the risk of non-receipt of facsimile transmissions and should confirm by telephone that any facsimile was received. Any facsimile transmission must clearly state the solicitation number and the name of the Contract Specialist on the first page, to ensure proper receipt.
5) Contract Authority: This solicitation is being conducted under FAR subpart 12 and 13.5.
6) System for Award Management (SAM) Additional Information. All DoD Contractors are now required to be registered within the SAM database prior to award, during performance and throughout final payment of any contract resulting from this request for quotation. Offerors may obtain information on registration and annual confirmation requirements by calling 1-312-463-3376 or via the Internet at: https://www.sam.gov. Registration on line will normally take 5 business days vice the standard 30 days processing time required through other methods.
7) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
8) Offered prices shall not include the Consumption Tax in accordance with paragraph c. FAR Clause 52.229-6 entitled, “Taxes - Foreign Fixed - Price Contracts”.
9) Offerors shall ensure that all correspondence that is addressed to the United States Government is submitted in English or with an English translation.
10) NOTE: Offeror’s expenses incurred as a result of proposal preparation shall not be reimbursed by the U.S. Government.
SYSTEM FOR AWARD MANAGEMENT (SAM) VALIDATION
Effective 01 March 1999 all payments made by the government will be made by Electronic Fund Transfer (EFT).
All DoD Contractors are now required to be registered within the SAM database prior to award, during performance and throughout final payment of any contract resulting from this request for quotation. Offerors may obtain information on registration and annual confirmation requirements by calling 1-312-463-3376 or via the Internet at:
https://www.sam.gov. Registration on line will normally take 5 business days vice the standard 30 days processing time required through other methods.
The following information must be provided with this quotation:
Commercial And Government Entity Code (CAGE). ____________________ (U.S. Vendor Only)
NATO Commercial And Government Entity Code (NCAGE). ____________________ (Foreign Vendor Only)
Taxpayer Identification Number (TIN). _____________________________
Data Universal Numbering System (DUNS). __________________________
By submitting the above information, offerors are affirming that they are registered in the SAM database.
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government 4001 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 POP 01-AUG-2015 TO
30-JUL-2016
N/A M20230
PROVOST MARSHAL'S OFFICE
MF BASE PMO BUILDING 496
CAMP FOSTER
CHATAN CHO, OKINAWA 904-0100
M20230
1001 POP 01-AUG-2016 TO
30-JUL-2017
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 01-AUG-2017 TO
30-JUL-2018
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 01-AUG-2018 TO
30-JUL-2019
N/A (SAME AS PREVIOUS LOCATION)
4001 POP 01-AUG-2019 TO
30-JUL-2020
N/A (SAME AS PREVIOUS LOCATION)
PERFORMANCE WORK STATEMENT
PERFORMANCE WORK STATEMENT (PWS)
MCB Provost Marshal's Office (PMO) Okinawa
MCB Camp S.D. Butler, Okinawa, Japan
DESCRIPTION OF SERVICES
1.0 BACKGROUND
One of the current requirements of the Provost Marshal’s Office (PMO) on Marine Corps base Camp Butler, Okinawa Japan is the need of a facility and service of housing, and feeding stray animals that the PMO Animal Control section picks up from time to time in the performance of their duties. The Contractor shall accept stray animals from PMO, IAW under current Inter Service Agreement. The Contractor shall accept stray animals, for a maximum of 3 days. If at any time the owner of the stray animal is contacted during this three (3) days period the owner shall be responsible to pay the fee and the Provost Marshal’s Office (PMO) and shall not be billed. No additional cost will be charged to PMO by the Contractor after 3-days hold, the stray animal shall be owned by the Contractor. The service shall include the Kennels' boarding fees for housing/feeding, and other administrative fees, which include Veterinary Service support for microchipping and vaccinations as well as to support the adoption program. All cost for housing a healthy animal after the initial three day period will be the responsibility of the Contractor until the animal is either adopted or euthanized.
2.0 GENERAL REQUIREMENTS
2.1 The general requirements at minimum will include the above listed service shall be provided. A secure and adequate facility to house and feed stray animals at minimal cost.
2.2 The above listed services shall be the minimum requirements for the service. The contractor’s facility must be located in a central location within the (6) main Camps that fall under Provost Marshal’s Office, MCB Camp Butler. These camps include Foster, Kinser, Courtney, Hansen, Schwab and MCAS Futenma. The Preferable facility location shall be within the vicinity of Kadena Air Base which is centrally located to the above listed camps.
3.0 DESCRIPTION OF WORK
The contractor shall furnish clean, climate controlled shelter to secure the stray animals, as well as food and water to stray animals captured by the Provost Marshal’s Office (PMO) Animal Control Section. The contractor shall process the ability to make a reasonable attempt to locate, and contact the captured stray’s owners and essentially read a pet microchip implant as applicable. The facility must be available twenty four (24) hours a day, and seven (7) days a week.
4.0 WARRANTY /MAINTENANCE AGREEMENT
N/A
5.0 DELIVERABLES.
6.0 SPECIAL REQUIREMENTS
6.1 REMOVAL. The Contracting Officer has the right to remove any contractor personnel not qualified or is a potential threat to the health, safety, security, general well-being or operational mission of the installation and its population.
6.2 CONDUCT OF CONTRACTOR PERSONNEL. If the Contracting Officer finds it to be in the best interest of the Government, he/she may at any time during the performance of this task order, remove any contractor personnel for reasons of their moral character, unethical conduct, security reasons, and for violation of installation regulations. In the event that it becomes necessary to replace any contractor personnel for any of the above reasons, the contractor shall bear all costs associated with such removal, including the cost for the replacement of any personnel removed. This cost shall not be charged to the Government.
6.3 ACCESS TO MILITARY INSTALLATIONS. Access to a military installation is a privilege, not a right, and as such, for reasons of health, welfare, morale, security, and mission accomplishment, the Installation Commander has the unilateral right to deny or provide access to the installation and to all facilities listed in the PWS.
6.4 ACCIDENT OR INCIDENT REPORT PROCEDURES. In the event of an accident or incident on
Government property, or involving Government personnel or property, the Contractor shall immediately notify the Contracting Officer's Representative (COR) and shall submit a report within seventy two (72) hours to the COR, Base Safety Office, and Contracting Officer in letter form that shall include the following: (1) the time and date of occurrence; (2) the place of occurrence; (3) a list of personnel directly involved; and (4) a narrative or description of the accident to include chronological order of the accident and circumstances.
6.5 COMPLIANCE WITH LOCAL AND FEDERAL LAWS AND REQUIREMENTS. The contractor and the contractor’s employees or sub-contractors are subject to, and shall abide by and comply with, all relevant statutes, ordinances, laws and regulations of the United States (including Executive Orders of the President) and any state (or other public authority now or hereafter in force). The Contractor agrees to observe and comply with all applicable Federal requirements regarding Social Security, Worker’s Compensation, Compensation, Unemployment Insurance and any other matter concerning employment applicable to the performance of this contract or rules, regulations, directions and orders not inconsistent therewith as may from time to time be issued by the Government. The unilateral act of any Governmental body against any employee of the contractor for the violation of a Local or Federal law or regulation (to specifically include persons barred by the Commander) shall not excuse the contractor from full compliance with the terms and conditions of this contract.
6.6 RELEASE OF INFORMATION. The contractor shall not hold any discussions or release any information relating to this task order to anyone not having a direct interest in performance of this contract, without the written consent of the Contracting Officer or the COR. This restriction applies to all news releases of information to the public, industry or Government agencies, except as follows: Information for actual or potential subcontractors or other individuals necessary for the contractor’s performance of this task order, and information to be supplied to the COR.
7.0 PLACE OF PERFORMANCE. The contractors facility must be located in a central location within the
(6) main camps that fall under Provost Marshal’s Office, MCB Camp Butler. These camps include Foster, Kinser, Courtney, Hansen, Schwab, and MCAS Futenma. The Preferable facility location shall be within the vicinity of Kadena Air Base.
8.0 PERIOD OF PERFORMANCE. The period of performance for this task is date of award for period of
(5) YEARS thereafter.
9.0 TRAVEL AND PER DIEM REQUIREMENTS. N/A
10.0 GOVERNMENT FURNISHED INFORMATION. N/A
11.0 GOVERNMENT FURNISHED OFFICE SPACE/LAY DOWN AREA. N/A
12.0 GOVERNMENT FURNISHED EQUIPMENT. N/A
13.0 CONTRACTOR FURNISHED EQUIPMENT. The contractor shall furnish the standard/basic tools of the trade in performance of this PWS. Standard tools are defined as those tools identified as standard issues for the trade using them.
14.0 CONTRACTOR FURNISHED MATERIAL. The contractor shall be responsible for providing all material, and services.
15. CONTRACTOR RESPONSIBILITY FOR DISPOSAL OF EXCESS EQUIPMENT/ MATERIAL.
16.0 TRANSPORTATION OF EQUIPMENT/MATERIAL. N/A
17.0 ACCEPTANCE PLAN. The COR shall be responsible for monitoring, inspection, and acceptance of this tasking.
18.0 OTHER CONDITIONS/REQUIREMENTS
18.1 Work under this requirement shall provide a 24 hour a day, 7 day a week service.
19.0 REFERENCES
a. MCO 5580.2B, Section 16200 – Animal Control Regulations
20.0 SPECIFICATIONS
a. As referenced in PWS sections 1.0 through 3.0, the required facility, and service provided shall meet the minimum standards.
21.0 CONTRACTING OFFICER’S REPRESENTATIVE (COR), POINT OF CONTACTS.
The Contracting Officer's Representative (COR) to be determined at the time of Contract award.
SERVICE DELIVERY SUMMARY
Task Performance Objective
PWS
Reference
Performance Standard Acceptable Quality Level
(AQL)
Surveillance Method and Procedures
Reports The Contractor shall prepare written reports.
1.0/2.0/3.0
Provide a report: Numbers of Feeding and Housing Stray Dogs and Cats monthly.
Timeliness:
98% Accuracy:
100%
100 % Inspection
CLAUSES INCORPORATED BY REFERENCE
52.204-2 Security Requirements AUG 1996 52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for Debarment
AUG 2013
52.212-3 Offeror Representations and Certification--Commercial Items MAR 2015 52.212-4 Contract Terms and Conditions--Commercial Items DEC 2014 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7000 Disclosure Of Information AUG 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7012 Safeguarding of Unclassified Controlled Technical
Information
NOV 2013
252.215-7008 Only One Offer OCT 2013 252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.225-7041 Correspondence in English JUN 1997 252.225-7042 Authorization to Perform APR 2003 252.227-7015 Technical Data--Commercial Items FEB 2014 252.227-7037 Validation of Restrictive Markings on Technical Data JUN 2013 252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JUN 2013
252.243-7001 Pricing Of Contract Modifications DEC 1991
CLAUSES INCORPORATED BY FULL TEXT
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(a) Basis of award will be determined by means of an integrated assessment of each offer in terms of the following evaluation factors. Award will be made to the responsive, responsible Offeror whose offer conforming to the requirements of the solicitation, offers the Best Value to the Government, price and other non-price factors considered. Best value is determined by performing a tradeoff evaluation in terms of the below listed evaluation factors for award.
1) Technical Approach
2) Past Performance
3) Price
Pricing of CLINs will be evaluated by the Contracting Officer for price reasonableness using price analysis techniques in the FAR. Option pricing will be evaluated and included as a part of evaluations.
The Government intends to evaluate proposals and contemplates award based on initial proposals without discussions. However, the Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.
(b) The Government will make an integrated assessment best value award decision considering an Offeror’s technical proposal, past performance, and the price for the requirement. Technical Approach, Past Performance, and Price are the only evaluation factors for award. For the non-price factors (Technical Approach and Past Performance), Technical Approach is more important than Past Performance. The non-price factors combined are more important than Price. Offerors must receive a combined overall rating of “Acceptable” or higher for the non-price factors of Technical and Past Performance to be considered for award.
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) (MAR 2015)
(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) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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 (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
(vii) 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.
(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)
(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
____ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-- Requirements (Feb 2009) (41 U.S.C. 351, et seq.)
(xii) 52.222-54, Employment Eligibility Verification (Jul 2012).
(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xiv) 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)
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.
(End of provision)
52.216-18 ORDERING. (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 1 Aug 2015through 31 July 2020.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
(End of clause)
52.216-19 ORDER LIMITATIONS. (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor:
(1) Any order for a single item in excess of $50,000.00
(2) Any order for a combination of items in excess of $50,000.00; or
(3) A series of orders from the same ordering office within 10days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.
(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.
Upon receiving this notice, the Government may acquire the supplies or services from another source.
52.216-21 REQUIREMENTS (OCT 1995)
(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated'' or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.
(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.
(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.
(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 31 July 2020.
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days prior to the contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five
(5) years.
52.225-17 EVALUATION OF FOREIGN CURRENCY OFFERS (FEB 2000)
If the Government receives offers in more than one currency, the Government will evaluate offers by converting the foreign currency to United States currency using $1.00 = ¥120.1200 (Budgetary Exchange Rate for Fiscal Year 2015) in effect as follows:
(a) For acquisitions conducted using sealed bidding procedures, on the date of bid opening.
(b) For acquisitions conducted using negotiation procedures--
(1) On the date specified for receipt of offers, if award is based on initial offers; otherwise
(2) On the date specified for receipt of proposal revisions.
(End of provision)
52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)
Funds are not presently available for performance under this contract beyond 30 Sep 2015 . The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 30 Sep 2015, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.
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/vffara.htm http://www.arnet.gov
252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS
OUTSIDE THE UNITED STATES (MAR 2006)
(a) Definition. United States, as used in this clause, means, the 50 States, the District of Columbia, and outlying areas.
(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall--
(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;
(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;
(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and
(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.
(c) The requirements of this clause do not apply to any subcontractor that is--
(1) A foreign government;
(2) A representative of a foreign government; or
(3) A foreign corporation wholly owned by a foreign government.
(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from CMC Code POS-10; telephone, DSN 224-4177 or commercial (703) 617-4177.
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 Central Contractor Registration 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).
The contractor is directed to use the Combo format when processing invoices and receiving reports for contract awards relating to goods/products.
(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 M67443 Issue By DoDAAC M67400 Admin DoDAAC M67400 Inspect By DoDAAC Ship To Code Ship From Code Mark For Code Service Approver (DoDAAC) M20230 Service Acceptor (DoDAAC) M20230 Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A
(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.
adrian.gutierrez2@usmc.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.
Mcbb_g4_rco_wawf@usmc.mil
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (APR 2014)
(a) Definitions. As used in this clause --
"Components" means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.
"Department of Defense" (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.
"Foreign-flag vessel" means any vessel that is not a U.S.-flag vessel.
"Ocean transportation" means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.
"Subcontractor" means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.
"Supplies" means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea.
(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.
(ii) "Supplies" includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing.
"U.S.-flag vessel" means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.
(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.
(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if--
(i) This contract is a construction contract; or
(ii) The supplies being transported are--
(A) Noncommercial items; or
(B) Commercial items that--
(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it contracts for f.o.b. destination shipment);
(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or
(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643.
(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that --
(1) U.S.-flag vessels are not available for timely shipment;
(2) The freight charges are inordinately excessive or unreasonable; or
(3) Freight charges are higher than charges to private persons for transportation of like goods.
(d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum --
(1) Type, weight, and cube of cargo;
(2) Required shipping date;
(3) Special handling and discharge requirements;
(4) Loading and discharge points;
(5) Name of shipper and consignee;
(6) Prime contract number; and
(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose.
(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW., Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information:
(1) Prime contract number;
(2) Name of vessel;
(3) Vessel flag of registry;
(4) Date of loading;
(5) Port of loading;
(6) Port of final discharge;
(7) Description of commodity;
(8) Gross weight in pounds and cubic feet if available;
(9) Total ocean freight in U.S. dollars; and
(10) Name of the steamship company.
(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief--
(1) No ocean transportation was used in the performance of this contract;
(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;
(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all foreign-flag ocean transportation; or
(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format:
ITEM CONTRACT QUANTITY
DESCRIPTION LINE ITEMS
TOTAL_______________________________________________________________
(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use.
(h) In the award of subcontracts for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for commercial items, the Contractor shall flow down the requirements of this clause as follows:
(1) The Contractor shall insert the substance of this clause, including this paragraph (h), in subcontracts that exceed the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.
(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (h), in subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.
GENERAL CORRESPONDENCE
Correspondence or inquiries relative to this order shall be addressed to the following:
(a) Written Inquiries: Marine Corps Regional Contracting Office (RCO, Far East) PSC 557 Box 2000 (Camp Butler)
FPO AP 96379-2000
Attn: M. Yara
(b) Telephone Inquiries: Commercial telephone number, direct dial from the United States is 011-81-611-745-3128.
Locally, dial 098-970-8145
(c) Fax Inquiries: 011-81-611-745-0959 (local 098-970-0959)
(d) E-mail inquiries: minako.yara.ja@usmc.mil
Receiving Unit Name: To be determinded at the time of award Receiving Unit POC: To be determinded at the time of award Receiving Unit Phone#: To be determinded at the time of award
CONCILIATION
Any disagreement arising under this contract which is not resolved by the parties to this contract may be submitted to the U.S. Japan Joint Committee fro Conciliation in accordance with paragraph 10, Article XVIII, of the Status of Forces agreement under Article VI, of the Treaty of Mutual Cooperation and security between Japan and the United States of America.
Recourse to the Joint Committee for Conciliation for resolving disputes is available in addition to the procedures set forth in the Contract Disputes Act of 1978 and the Disputes Clause of this contract, 52.233-1. A request for conciliation by the Joint Committee, however, shall not toll the time periods allowed under the Contract Disputes Act for appealing a counteracting officer’s final decision to ether the Armed Services Board of Contract Apples or U.S. Court of Federal Claims.
Upon filing a request for conciliation with the joint Committee, the Contractor shall immediately notify the Contacting Officer in writing of the request.
TRAFFICKING IN PERSONS AWARENESS TRAINING
As required by USSECDEF memo dtd 17 NOV 04, all Contractor personnel who are deploying overseas are required to complete Trafficking in Persons Awareness Training. This training is available through the Navy Knowledge Online (NKO) website www.nko.navy.mil. The Contractor shall provide training completion certificates of Contractor employees who are deploying overseas in performance of this contract to the Contracting Officer for retention in the contract file. Additional details may be found at the following link http://www.hq.navy.mil/shhro/Combating Trafficking.pdf
COST OF OPERATION
All cost of operation under this contract shall be borne by the Contractor. This includes but is not limited to taxes, surcharges, licenses, insurance, transportation, salaries and bonuses. No payments other than those provided for in the Price Schedule shall be made to the contractor.
PHYSICAL SECURITY
Contractor shall be responsible for safeguarding all government property provided for Contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured, and utilities turned off or set for conservation.
INFORMATION SECURITY
The Contractor shall keep the customer’s transaction confidential and not disclose any information pertaining to the customer without permission, except that required by management information reports, including such information as may needed by the Marine Corps to audit or monitor services rendered, prices charged, concession fees paid, etc.
ATTACHMENT I
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