N33191-24-R-0029 - NTV Lease Stuttgart.pdf

SEE ADDENDUM

(No Collect Calls)

N3319124R0029 02-Jul-2024

b. TELEPHONE NUMBER

081 568 5597

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 29 Jul 2024

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N331919. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

PAUL MARTHA

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

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ACQR6049493

ARE NOT ATTACHED

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

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVFAC EUROPE AFRICA CENTRAL

VIALE PORTO CAPODICHINO

NAPOLI 80144

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE N33191 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

NAVFAC EUROPE AFRICA CENTRAL

ALEX H. WINGERT

PSC 817 BOX 51

FPO AE 09622-0051

TEL: 39-081-568-5517 FAX: 39 081 568 7750

39 081 568 7750FAX:

TEL: 39 081 568 7750 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$47,000,000

NAICS:

532111

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF51

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. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N3319124R0029

Section SF 1449 - CONTINUATION SHEET

1. PERFORMANCE WORK STATEMENT

1. DESCRIPTION.

The contractor shall provide all equipment, tools, materials, and associated labor necessary to provide vehicle leases. The contractor shall perform services required in this Performance Work Statement (PWS) in accordance with the terms and conditions under the associated contract.

LEASE VEHICLE The Contractor shall lease a total of four vehicles in Stuttgart, Germany See Appendix for the vehicle specifications. The leased vehicle shall be registered in compliance with German law. The title of the vehicle remains with the Contractor. The Contractor shall deliver the vehicle to the place specified in the contract. The performance period starts on the day specified in the contract. The Contractor shall pick up the vehicle at the same place where they were delivered after completion of the lease period.

The primary purpose of this vehicle contract is to provide transportation of personnel and equipment.

Period of performance

Base Period 2024 – 2025 Option Period 1 2025 – 2026 Option Period 2 2026 – 2027 Option Period 3 2027 – 2028 Option Period 4 2028 – 2029

2. REGISTRATION AND INSURANCE.

Registration and insurance coverage shall be in accordance with German law for all vehicles. Insurance coverage shall include primary vehicle damage; as well as, third party liability.

Collision Damage Waiver/Theft Protection (CDW/TP). The Contractor will provide collision and theft insurance for all vehicles issued to the USG and provide documentation with the vehicle. This included insurance covers collision damages and reduces the excess deductible to 0 Euro for all vehicles.

All drivers will be above 18 years old.

3. CONDITION OF LEASED VEHICLE

The leasing vehicles shall be model year 2022 or newer and less than 80,000 km odometer reading at the beginning of the contract award effective date. The vehicle furnished under this contract shall be good quality and in safe operating condition and shall comply with the German Law applicable to the vehicle. Both the exterior and the interior of the vehicle must be free of excessive soil, rust, and damage and without excessive wear and tear. All automatic door locks, windows, seats, etc. shall be operative. All vehicle systems shall be operative, kept in line with manufacturer’s recommended maintenance program, and free of trash and debris. If the vehicle does not meet the vehicle manufacturer’s standards and does not meet the criteria listed herein, the United States Government may reject the vehicle promptly after receipt. If the Contracting Officer determines that any vehicle furnished is not in compliance with this contract, the Contracting Officer shall promptly inform the Contractor in writing. If the Contractor fails to replace the vehicle or correct the defects as required by the Contracting Officer, the Government may:

a) By contract or otherwise, correct the defect or arrange for the lease of a similar vehicle and shall charge or set off against the Contractor any excess costs occasioned thereby; or

b) Termination for Cause of this contract.

4. TAGS AND TITLE

All vehicles leased under this contract shall be registered to operate in Germany. The Contractor shall complete all actions necessary to acquire and pay for the tags/registration.

5. HEATING AND AIR CONDITIONING

Heating and air conditioning must be in vehicle and comply with the vehicle manufacturer’s standards.

6. STANDARD TIRES

Tires must be new or in exceptional condition. The tire type shall be in accordance to the vehicle’s manufacturer specifications/recommendations. A full size spare tire must be in all the vehicles and be in exceptional condition. If a spare tire is used, a replacement tire shall be issued to the vehicle within 24 hours.

7. SNOW TIRES

The contractor shall ensure that German-standard snow tires are installed on all vehicles from 1 October to 1 May (or as required in accordance with German Law), as the dates fall within the period of performance.

Outside of these dates, standard tires are acceptable. Studded tires are acceptable. The Contractor shall provide all parts, labor, and expertise necessary to complete any tire exchanges and installation. The US Government will not be responsible for any maintenance or expenses associated with tire exchanges.

The contractor shall be responsible ensure studded snow tires are properly registered for operation within any local municipality that requires additional fees for use of studded snow tires. Any German driving violations resulting from the failure for vehicles to be properly registered for operation and additional fee payment for the use of studded snow tires is the sole responsibility of the contractor.

In the event that the vehicles have to travel to areas where studded tires are required for use, these vehicles will be outfitted with the approved studded tires to operate in these areas to include the cost of registration and any taxes involved for these tires at no additional cost to the US Government to include the mounting and balancing as required.

8. SAFETY

Each vehicle must meet all host nation safety requirements and have, as a minimum, the manufacturer’s safety standard features. The vehicle will also have driver and passenger airbag, when available from the manufacturer.

9. INSTALLATION OF SPECIAL EQUIPMENT OR MARKINGS

The Government may install special equipment (i.e. radio, tow-hitch, etc.) required by the using activity in accordance with German Transportation Regulations. The Government will use portable equipment or non-fixed radios when feasible.

The Government may place non-permanent markings or decals, identifying the using activity, on each side, and or on the front and rear bumpers, of any motor vehicle leased under this contract. The Government may use markings or decals that are removable without damage to the vehicle.

Installation and removal of special equipment and/or markings/decals will be at the Government's expense.

10. GENERAL ITEMS

Windows may be tinted on all sides to include rear windows, as allowed by local laws. Windshield screens and floor mats shall be provided for all vehicles. Each vehicle shall have a lug wrench and jack. In addition, each vehicle shall have road safety kit (reflectors, road flares, etc.) and fire extinguisher in accordance with local safety laws. All general items must meet the manufacturer’s standards.

The Government will, at its own expense, provide all gas, washing, parking, storage, and tolls for automobiles leased hereunder.

During the rental period, the vehicle remains the property of the contractor. Contractor's shall assume all risks and costs associated with either the failure on their part to obtain a license and permits which may be required or their failure to comply with any laws, degrees, regulations or standards which may apply to this performance as required by the German government.

The contractor shall submit all correspondence in English as well as maintain the capability to communicate in

English well enough to accomplish any task via email, telephone, or other form.

11. DELIVERY

Vehicles shall be clean and serviceable at the time of delivery, and a joint inspection with the vendor and Unit POC will occur at the time of delivery.

The vehicles shall be delivered to the following location between 0800hrs 1400hrs on the contract start date:

Delivery Address:

Stuttgart Airport Stuttgart, Germany

Point of Contact:

LT. Nicholas Butler +34 956 821 832

12. GOVERNMENT MAINTENANCE

The Government will provide standard operator care, limited operator maintenance i.e. check fluids and/or check exterior lights for operation. If any discrepancies are found, the contractor is responsible for correcting the problems.

The Government will furnish fuel for the daily operations of the vehicles.

13. SERVICES

The following services shall be provided by the Contractor:

13.1 MAINTENANCE

The contractor shall perform both scheduled and unscheduled maintenance on all vehicles leased under this contract. The contractor shall provide all parts, labor, and expertise necessary to complete required maintenance tasks. Parts include those items that must be replaced due to fair wear and tear such as windshield wipers, tires, headlamps, filters, fluids (i.e. motor oil, antifreeze), and lubricants. Fair wear and tear is defined as damages that occurs during normal use or due to the aging of the vehicle that can be based on the age and mileage of the vehicle; examples of fair wear and tear are minor dents, scratches, fading seats, tire wear, brake wear, clutch wear and other incidental damages except flat tire. The Contractor shall submit a written maintenance schedule at time of vehicle delivery.

The Contractor shall ensure all unscheduled maintenance is accomplished for vehicles leased under this contract for maintenance items covered/not covered by the manufacturer's warranty at facilities designated by the Contractor. The Government will follow all instructions by the Contractor in the event of a notification of safety, emissions, or other inspection or recall campaign.

The Contractor shall be responsible for all towing and towing cost to/from maintenance facilities if the leased vehicle is inoperable due to mechanical malfunctions/failure. The Contractor shall provide an after-hours contact phone number in case of emergencies.

13.2 VEHICLE REPLACEMENT

The contractor shall replace vehicles that exceed 100,000 kilometers.

13.2.1 Permanent Replacements. Replacements shall be provided for all vehicles. The Contractor shall provide a replacement vehicle of equal size, and style for any vehicle leased hereunder that are out of commission or that requires maintenance or repairs. The contractor shall provide a replacement vehicle within 24 hours from the time the contractor picks up the primary vehicle. The replacement vehicle shall be provided at no additional charge to the Government.

13.2.2 Temporary Loaner Vehicles. The contractor shall provide a loaner vehicle any time a primary vehicle is unavailable for more than 24 hours. The 24 hours starts from the time the contractor is notified that the primary vehicle went down and rent is still being incurred. The loaner shall be of equal or greater to the primary vehicle requirements. In addition, if no loaner of equal or greater vehicle type is provided within 24 hours, $150 shall be deducted from the monthly invoice for every day the Government is without a vehicle.

Primary vehicles not returned within 30 days will be replaced, at the Contracting Officer’s approval, with another vehicle of equal or greater vehicle type at the same price initially offered until the requested vehicle type is delivered. The loaner vehicle shall be provided at no additional charge to the Government.

13.2.3 Vehicle tow/ recovery service/roadside assistance. Upon proper notification, the contractor shall recover disabled vehicles within 8 hours of notification by the USG. Disabled vehicles are vehicles unsafe and/or unserviceable to the point it cannot be driven without causing harm to the driver or the local area. This service shall be available 24 hours a day 7 days per week.

The USG shall not incur any charges for towing, recovery or roadside assistance for disabled vehicles due to mechanical failure.

Towing, recovery or roadside assistance for disabled vehicles due to causes other than vehicle mechanical failure will be provided at no additional cost to the USG for up to six (6) instances annually per location. If additional instances of towing, recovery or roadside assistance for disabled vehicles due to causes other than vehicle mechanical failure are required above the initial six (6), the Contracting Officer will issue a modification in order to pay for these additional towing services.

13.3 TOLLS

The contractor will ensure that all vehicles are equipped with an Autopass for automated toll collection. The contractor shall maintain a record of all tolls paid using the Autopass and will submit a current copy of this record with each invoice for the USG to pay on a monthly basis. The USG will pay only for tolls incurred.

13.4 FINES, TRAFFIC INFRACTIONS, PENALTIES

All local motor vehicle infractions resulting in fines, additional charges, or other penalties during the rental period shall be the sole responsibility of the individual driving the vehicle at the time of infraction. Contractor shall provide instructions on how to pay these fines, traffic infractions, and penalties. The USG cannot pay for any parking or traffic violations and this responsibility for payment is on the individual driver at the time of the violation. Every effort will be made to have the individual driver pay the parking or traffic violation fee directly to the appropriate entity. Violations shall be forwarded to the COR.

14. POINTS OF CONTACT

The contractor shall provide points of contact within his company to interface with the contract representative on issues concerning leased vehicles. Names, business address, and phone numbers shall be provided for contacting the contractor's points of contact during and after normal business hours. Normal business hours are 0730 - 1630 hours Monday – Friday. The contractor shall also include phone number for the 24 hours, 7 days per week roadside assistance.

15. CONTRACT MANAGER

The contractor shall provide a Contract Manager who shall be responsible for the performance of the work. The name of this person, and an alternate(s) who shall act for the contractor when the manager is absent, shall be designated in writing to the Contracting Officer. The Contract Manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

16. SECURITY REQUIREMENTS

Vehicles shall be civilian style, German plated (registration and license) and must blend with the local environment. No other markings or decals are allowed on vehicles besides manufacturer’s original markings.

17. DAMAGE AND ACCIDENT

In case of an accident, the Government representative shall notify the Contractor and Contracting Officer of the accident.

18. LIABILITIES

The contractor shall be liable for, and shall indemnify and hold harmless the Government against, all actions or claims for loss of or damage to property or the injury or death of persons, resulting from the fault, negligence, or wrongful act or omission of the contractor, its agents, or employees.

19. REMEDIES

The Contracting Officer shall follow FAR 52.212-4, Contract Terms and Conditions – Commercial Items, for contractor’s failure to perform satisfactory services or failure to correct non- conforming services.

20. RETURN CONDITION

At the end of the rental period, the contractor shall pick up vehicle not later than five (5) working days after contract completion date as coordinated with the point of contact listed under delivery.

The Government will return vehicles to the contractor in clean condition. The designated government representative will ensure accessories received with the vehicle are inside the vehicle at time of turn in. The contractor shall inspect the vehicle and notify the contracting officer of any damages other than normal wear and tear. The Government shall be responsible for any damage found other than normal wear and tear.

21. APPENDIX

Vehicle Specifications Midsize SUV Quantity: 4 Delivery Location: Stuttgart, Germany

Minimum Vehicle Specifications Automatic or Manual Transmission 4X4 Engine type: Diesel OR Gasoline. Hybrid configuration of either fuel type acceptable Fuel type: Diesel OR Gasoline Fuel Only. Hybrid configuration of either fuel type acceptable Rear and Side-View Mirror Windshield Wipers - Intermittent Front and Rear Windshield Defogger Functioning Door Locks For Every Door One Spare Tire Tire Jack All Interior and Exterior Lights (Functioning) Registration and valid license plate Snow Tires (seasonally) Tire Chains Jumper cables (if required by local/country law) Emergency kit (warning triangles, first aid kit, reflective vest) The vehicle shall have 5 doors total (4 for the cab, one rear door) Power windows and locks Left Hand Drive Gross vehicle weight rating: (min) 5,401 lbs.

Automatic traction control Automatic vehicle stability control Power steering Tilt steering Floor covering: vinyl or carpet Power antilock brakes, front and rear Seating capacity (min): 5

3 point Seatbelts for driver and all passengers Rear bumper Spare tire

2. INSTRUCTIONS TO OFFERORS

PROPOSAL

The Proposal shall be submitted via Procurement Integrated Enterprise Environment (PIEE) solicitation module available at https://piee.eb.mil/ no later than 29 July 2024 at 10:00 Central European Summer Time (CEST).

Hand carried proposals will be NOT be accepted.

Each uploaded attachment to PIEE can be up to 1.9GB in size. Please note spaces or other special characters are not allowed in the filename. Prior to uploading the file, please remove spaces and special characters or replace with underscores '_’. If you need to submit more than one file, files shall be numbered in successive order i.e. 1 of ?, 2 of ?, etc. Proposals not received at the above address on or before the hour and date set for the receipt of proposals shall be considered late, subject to the provisions of FAR Clause 52.212-1 Instructions to Offerors – Competitive Acquisition.

Proposals not received at the above address on or before the hour and date set for the receipt of proposals shall be considered late, subject to the provisions of FAR Clause 52.215-1 Instructions to Offerors—Commercial Products and Commercial Services.

The PRICE PROPOSAL shall include the following:

a) First page of the proposal shall be in accordance with FAR 52.212-1(b)

b) All information required by the Price Proposal submission

The NON-PRICE PROPOSAL shall include the following:

a) All information required by Non-Price Factor

It is the contractor’s responsibility to ensure the Government received the proposal and all enclosures by the proposal due date and time as set forth above.

SITE VISIT

There will not be a site visit.

INSTRUCTIONS FOR SUBMITTING PRE-PROPOSAL INQUIRIES (PPI)

Pre-Proposal Inquiries (PPI) regarding the solicitation shall be submitted in writing via electronic mail to Paul Martha, Contract Specialist at paul.m.martha.civ@us.navy.mil and Alex Wingert at alex.h.wingert.civ@us.navy.mil.

Verbal queries will not be accepted. Responses to the Pre-Proposal Inquiries will be provided as an amendment and will be posted to the System for Award Management (SAM) website www.sam.gov; as well as, PIEE Solicitation module. The Government may not respond to Pre-Proposal Inquiries submitted less than 10 calendar days before the proposal due date.

AMENDMENTS

Amendments will be posted to the System for Award Management (SAM) website: www.sam.gov and well as PIEE Solicitation module. It is the Offeror’s responsibility to check the SAM for any amendments to the solicitation. All Amendments SHALL be acknowledge in the Offeror’s proposal per instructions.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Months Non-Tactical Vehicles Lease

FFP

Contractor will provide all vehicles, maintenance services, and insurance as per

PWS.

FOB: Destination

PURCHASE REQUEST NUMBER: ACQR6049493

PSC CD: W023

NET AMT

0002 Months OPTION Non-Tactical Vehicles Lease

FFP

Contractor will provide all vehicles, maintenance services, and insurance as per

PWS.

FOB: Destination

0003 Months OPTION Non-Tactical Vehicles Lease

FFP

Contractor will provide all vehicles, maintenance services, and insurance as per

PWS.

FOB: Destination

0004 Months OPTION Non-Tactical Vehicles Lease

FFP

Contractor will provide all vehicles, maintenance services, and insurance as per

PWS.

FOB: Destination

0005 Months OPTION Non-Tactical Vehicles Lease

FFP

Contractor will provide all vehicles, maintenance services, and insurance as per

PWS.

FOB: Destination

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 12-AUG-2024 TO

11-AUG-2025

N/A NAVFAC EUROPE AFRICA CENTRAL

ALEX H. WINGERT

PSC 817 BOX 51

FPO AE 09622-0051

39-081-568-5517 FOB: Destination

N33191

0002 POP 12-AUG-2025 TO

11-AUG-2026

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 12-AUG-2026 TO

11-AUG-2027

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 12-AUG-2027 TO

11-AUG-2028

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 12-AUG-2028 TO

11-AUG-2029

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-29 Federal Acquisition Supply Chain Security Act Orders--

Representation and Disclosures.

DEC 2023

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

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

NOV 2023

52.212-5 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services (Deviation 2023-O0008)

FEB 2024

52.217-5 Evaluation Of Options JUL 1990 52.229-11 Tax on Certain Foreign Procurements--Notice and

Representation

JUN 2020

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

Subcontractors

MAR 2023

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-15 Stop-Work Order AUG 1989 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 DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

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

JAN 2023

252.204-7022 Expediting Contract Closeout MAY 2021 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.215-7007 Notice of Intent to Resolicit JUN 2012 252.215-7008 Only One Offer DEC 2022 252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.225-7005 Identification Of Expenditures In The United States JUN 2005 252.225-7041 Correspondence in English JUN 1997 252.225-7048 Export-Controlled Items JUN 2013 252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation

JUN 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region

JUN 2023

252.225-7967 (Dev) Prohibition Regarding Russian Fossil Fuel Business Operations (Deviation 2024-O0006).

MAR 2024

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

Reports

DEC 2018

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.246-7003 Notification of Potential Safety Issues JAN 2023 252.246-7008 Sources of Electronic Parts JAN 2023 252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

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

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

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

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(SEP 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

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

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

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

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, 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 offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer 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--

(A) 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 offers; or

(B) 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 control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.

(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.

(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by--

(i) Using the ASSIST feedback module (https://assist.dla.mil/feedback); or

(ii) Contacting the Defense Standardization Program Office by telephone at 571-767-6688 or email at assisthelp@dla.mil.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award

Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

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

(a) The Government will award a contract resulting from this solicitation to the lowest-priced, technically acceptable offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

I. Price II. Technical

III. Past Performance

Relative importance of the factors: For the purposes of award, the technical factor and price factor are approximately equal in importance.

The number of proposals to be evaluated will be limited to the lowest priced offer. If proposal is not found to be technically acceptable, then the process will be conducted again as many times as necessary, until such time as the Government identifies a technically acceptable proposal.

This procurement is covered by the World Trade Organization Government Procurement under the policy at 225.401-70 End products subject to trade agreements. The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. The Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute.