Combined_Synopsis_Solicitation_Djibouti_Vehicle_Lease.pdf

Naval Criminal Investigative Service (NCIS) - Combined Synopsis/Solicitation

Date: April 16, 2018

This is a combined synopsis/solicitation (solicitation number N6328518T0365) for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart

12.6, Streamlined solicitation for commercial items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation.

This requirement is a commercial item acquisition in accordance with FAR Part 12 Acquisition of Commercial Items and FAR Part 13 Simplified Acquisition Procedures. Request for Quotes

(RFQ) are being requested and a written solicitation will not be issued.

This solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular FAC 2005-97, Effective 06 November 2017 and Defense Federal

Regulation Supplement (DFARS), current to DPN 20171228 (Effective 28 December 2017)

Edition. It is the responsibility of the contractor to be familiar with the applicable provisions and clauses which can be accessed in full text at www.farsite.hill.af.mil.

This requirement is Unrestricited, Full and Open Competition. The North American Industry

Classification System (NAICS) code is 532112- Passenger Car Leasing. The size standard is

$38.5M.

Base:

CLIN0001: 4x4 SUV Vehicle Lease, Qty: 4

a. Model: (LHD) Toyota Land Cruiser LX Wagon 4x4

b. Model Year: 2018

c. Engine: 4.5L Turbo Diesel, 8 Cylinder, Common Rail

d. Power: 195HP/3300RPM; Torque: 43.8KG / 1200-3200

e. Transmission: 5-Speed Manual

f. Fuel Tank: 130L

g. Seating Capacity: 5

CLIN0101: 4x4 SUV Vehicle Lease,

a. Model: (LHD) Toyota Land Cruiser LX Wagon 4x4 or Equal

b. Model Year: 2018

c. Engine: 4.5L Turbo Diesel, 8 Cylinder, Common Rail

d. Power: 195HP/3300RPM; Torque: 43.8KG / 1200-3200

e. Transmission: 5-Speed Manual

f. Fuel Tank: 130L

g. Seating Capacity: 5

CLIN0201: 4x4 SUV Vehicle Lease,

a. Model: (LHD) Toyota Land Cruiser LX Wagon 4x4 or Equal

b. Model Year: 2018

c. Engine: 4.5L Turbo Diesel, 8 Cylinder, Common Rail

d. Power: 195HP/3300RPM; Torque: 43.8KG / 1200-3200

e. Transmission: 5-Speed Manual

f. Fuel Tank: 130L

g. Seating Capacity: 5

CLIN0301: 4x4 SUV Vehicle Lease, Qty: 4

a. Model: (LHD) Toyota Land Cruiser LX Wagon 4x4

b. Model Year: 2018

c. Engine: 4.5L Turbo Diesel, 8 Cylinder, Common Rail

d. Power: 195HP/3300RPM; Torque: 43.8KG / 1200-3200

e. Transmission: 5-Speed Manual

f. Fuel Tank: 130L

g. Seating Capacity: 5

CLIN0401: 4x4 SUV Vehicle Lease, Qty: 4

a. Model: (LHD) Toyota Land Cruiser LX Wagon 4x4

b. Model Year: 2018

c. Engine: 4.5L Turbo Diesel, 8 Cylinder, Common Rail

d. Power: 195HP/3300RPM; Torque: 43.8KG / 1200-3200

e. Transmission: 5-Speed Manual

f. Fuel Tank: 130L

g. Seating Capacity: 5

Statement of Work

Except where otherwise stated, the Contractor shall furnish all vehicles, labor, supervision, management, tools, materials, equipment, facilities, transportation, and other items necessary to provide the services outlined below and described in this Statement of Work (SOW).

(1) The United States Government will be responsible for insuring this vehicle.

(2) Required Vehicles and Equipment: The intent of this contract is to provide the

Government with safe and reliable vehicles for the base period and option periods as specified in the ELIN Schedule. Dispatch Points: Contract’s agencies that will be used as vehicle delivery/pick-up points.

(3) Normal Wear and Tear: Any dents, dings, paint chips, scratches, pitted windshields (not cracked), and interior wear such as soiled carpets and seats that would normally accrue to a motor vehicle over a period of nine (9) to seventeen (17) months of use.

(4) Abnormal Wear and Tear: The following list of discrepancies shall constitute abnormal wear and tear when identified during the inspection of vehicles by the Government.

a. Missing Parts

b. Missing Tires (including spare tire)

c. Body Work: Scratches through the metal and scratches or dents over an inch in length or diameter. However, rusted areas resulting from road salt or salt air less than one inch in diameter will not be considered abnormal wear and tear.

d. Paint Work: Scratches or chips over one inch in length or diameter.

e. Glass: Any crack, putted, chips or scratches less than one inch in length but which are in the critical area of the driver’s vision or which will not [ass safety inspection will also be deemed abnormal wear and tear.

f. Other Glass. Cracked or broken, including in-operative window mechanism

g. Lights. Lenses or sealed beams broken.

h. Chrome and other Bright Metal Exterior Trim:

i. Bumpers. Dents over six inches in length or diameter. Scratches in the metal over 12-inch long. Decals, distinctive markings, lettering or numbering not removed;

j. Grill. Broken grill. Dents larger than three inches in length or diameter.

k. Interior: Missing seats; Torn seat backs, head lining or door panels; floor mats with tears or holes larger than one inch.

(5) Vehicles: Self-propelled motor vehicles designed or highway or cross country operations.

The term vehicles refer to any vehicle furnished by the Contractor under this contract, including temporary vehicles and/or replacement vehicles. In addition to meeting the vehicle requirements elsewhere specified in this annex, the vehicle types to be furnished under this contract are defined as follows:

a. Model: (LHD) Toyota Land Cruiser LX Wagon 4x4

b. Model Year: 2018

c. Engine: 4.5L Turbo Diesel, 8 Cylinder, Common Rail

d. Power: 195HP/3300RPM; Torque: 43.8KG / 1200-3200

e. Transmission: 5-Speed Manual

f. Fuel Tank: 130L

g. Seating Capacity: 5

(6) Vehicle Availability: All vehicles must be available for the entire lease period.

(7) Vehicle usage: All vehicles shall be leased on a unlimited distance basis. The use of vehicles within this contract is restricted to government personnel in possession of a locally valid driving license.

(8) Vehicle Turn-Over during the Leasing Period: Vehicle shall be turned over every 19,300 kilometers/12,000 miles.

(9) The United States Government will be responsible for all maintenance and repair of vehicle.

(10) Emission Controls: Vehicles and engines shall comply with all local regulations governing control of air pollution from new motor vehicles and new motor engines in effect on the date of manufacture. Contractor will provide for any required emissions inspections and regulatory compliance.

(11) The Government will be responsible for removing all devices and accessories before the leased vehicles are turned over to Contractor at the end of leased period, and to restore all damages, if any, resulting from the installation. The Contractor may use placards for temporary identification of vehicles except that the placards may not contain any references to the

Contractor that may be construed as advertising or endorsement by the Government of

Contractor.

(12) Inspection of Vehicles: Every time a vehicle is delivered to the Government, such vehicle shall be subject to a joint inspection by the Government and the Contractor prior to acceptance at the required dispatch point. The Contractor and the Government shall both obtain endorsement of delivery by the Contractor to the Government and also obtain an endorsement to show return and receipt from the Government to the Contractor at the end of the lease period of each vehicle.

The inspection shall consist of, but is not limited to, checking all vehicle requirements and vehicle documentation listed below.

(13) Vehicle Requirements: All vehicles provided under this contract:

a. Vehicles shall be current year model, not more than 6 months old, and with no more than

10,000 kilometers/6 miles on the odometer upon receipt at the dispatch point.

b. Color. Vehicle shall be black for all leased vehicle.

c. All leased vehicles will be diesel fuel.

d. Vehicles shall be delivered with full fuel tank, 2 sets of keys, and in a clean condition

(interior and exterior).

e. The vehicles shall be left hand drive and free of any mechanical or structural (interior and exterior) defects, as well as any abnormal wear and tear.

(14) Vehicle Documentation: Vehicles shall be fully taxed and licensed for the entire lease period. Vehicles shall be in accordance with all laws and regulations of the Motor Vehicle

Department of the countries where vehicles are operated. The below listed documents, in original

(unless otherwise specified) shall be provided at time a vehicle is delivered to the Government. If the contractor chooses to furnish non-original documents (e.g. photocopies), any resulting ticket/fine from competent authorities will be turned over to Contractor for payment immediately. The documents are the following:

a. Insurance policy

b. Property tax receipt

c. Circulation booklet

d. Lease agreement (a copy is acceptable)

e. Roadside emergency service instructions

(15) Failure to provide Vehicles: Acceptable vehicles, as used in this paragraph, means a vehicles, including replacement vehicles resulting from maintenance/breakdown, meeting all requirements set forth in this specification. The Government will accept or reject a vehicle within one working day after receipt. If the Contracting officer determines that any vehicle furnished is not in compliance with the contract, the Contracting Officer will promptly inform the Contractor in writing. The Contractor shall eliminate any discrepancies found by the Government or, if deemed necessary by the Contracting Officer, shall replace the vehicle with another appropriate vehicle. The contract shall correct the defects as required by the Contracting Officer or provide replacement vehicles within 2 calendar days from the notification of ‘Vehicle Rejected”. In the event the Contractor cannot furnish an acceptable vehicle within the time limits established by this contract, the Government may, at its option

a. Deduct from contractor’s invoice amount based on 1/30 of the monthly lease cost set forth in the CLIN (ELIN) Schedule, multiplied by the actual number of calendar days of each day the vehicles was not in compliance within the contract requirements: or

b. Correct the defect or obtain a vehicle of a similar type from another source until an acceptable vehicle is furnished by the Contractor and charge or offset against the Contractor any excess costs occasioned thereby.

(16) Provision of Vehicles: Performance Objectives and Standards: The Contractor shall provide various types of vehicles to the US Government at the dispatch points stated in the contract. Refer to the Contract Line Items(CLIN). ELIN Schedule for number and type of vehicles to be furnished under this contract and Paragraph “Dispatch Points” for delivery locations under this contract. The Contractor shall comply with all requirements specified herein including, but not limited to, timely delivery/pick-up, proper license/insurance, vehicle technical characteristics, and adequate maintenance to provide safe and reliable vehicles throughout the lease period.

Performance Standards:

a. All types and quantities of vehicles specified are delivered on time at the specified locations.

b. All vehicles are properly licensed, and fully meet the required vehicle characteristics.

c. Minimal replacement is required during the lease term as a result of poor vehicle quality and/or poor maintenance.

(17) Vehicle Delivery: Performance Objectives and Standards: Vehicle shall be delivered on the first day of lease period at the various Dispatch Points. Vehicle shall be delivered during

Government regular working hours: 0700 to 1600.

Performance Standards:

a. Vehicles are delivered as scheduled

b. Vehicles pass all inspection points.

c. Vehicle have all required documentation

(18) Vehicle Maintenance: performance Objectives and Standards: Except as specified in paragraphs “Government Provided Materials” and “Government Provided Services,” the United

States government shall provide full maintenance services to maintain safe and reliable vehicles throughout the leasing period.

Performance Standards: Vehicles are properly maintained in accordance with industry standards.

(19) Routine Maintenance Performance and Standards: The United States Government shall provide routine maintenance to minimize vehicle malfunction/breakdown. Minimum requirements shall be in accordance with vehicle’s manufacturer recommendation. Upon delivery of each vehicle, the Contractor shall submit a maintenance schedule indicating kilometer/miles thresholds and their related maintenance checks; it will be the United States

Government’s responsibility to notify the Contractor before these kilometer/mileage thresholds are reached. Vehicle replacement during routine maintenance is addressed in paragraph (23)

“Temporary Replacement Performance and Standards.”

Performance Standards: Vehicles are regularly maintained in accordance with industry standards.

(20) Unscheduled Repair/Maintenance Work Performance and Standards: The Contractor shall provide unscheduled repair/maintenance work to ensure efficient operation of vehicles. The

Government will notify the Contractor of any unscheduled repair/maintenance work needed for the vehicles leased. Completion time for unscheduled repair/maintenance work shall be as agreed on by the Government and the Contractor on a case by case depending upon the extent and complexity of work to be performed. Vehicle replacement during unscheduled repair/maintenance work is addressed in paragraph (23) “Temporary Replacement Performance and Standards.”

Performance Standard: Services are performed in an efficient, accurate, timely manner and in accordance with industry standards.

(21) Road Service Performance and Standards: The Contractor shall provide Road Service to ensure continuous availability of vehicles. All vehicles shall be covered by a roadside repair and recovery service in the event of emergency wherever the vehicle is located at the time the service is required and at no additional expense to the Government. The Contractor shall furnish with the vehicles, at the time of delivery, a package detailing information and procedures for obtaining said roadside maintenance and recovery service. Road Service assistance shall be available at the site of the car within two hours of the road service call being placed. Road Service shall include taking the driver and any passenger to the Road Service’s facility or the nearest facility with telephone access.

Performance Standard: Road Service calls are promptly and accurately responded to in accordance with the PWS.

(22) Vehicle Replacement Performance and Standards: The Contractor shall provide replacement vehicles when required to ensure continuous availability of vehicles. All vehicle replacement shall be at no additional cost to the Government. The Contractor shall not replace any vehicles leased under this contract without prior written approval by the Contracting Officer.

No replacement vehicle is required if the vehicle must undergo to any maintenance/repair work requiring up to 24 hours.

Performance Standard: Replacement vehicles meet requirements of Performance Work

Statement (PWS).

(23) Temporary Replacement Performance and Standard; The Contractor shall provide replacement vehicles for any vehicle out of service for more than 24 hour. Temporary replacement shall not exceed 30 calendar days. In case of any Contractor scheduled maintenance work replacement shall take place concurrently with the pick-up of the vehicle requiring maintenance (date/time of replacement to be mutually established by the Government and the

Contractor.) In all other cases response time for temporary vehicle replacement shall be 24 hours from notification by the Government. Picking up of repaired vehicle (and turning over of replacement vehicle) shall take place at the designated dispatch points within 48 hours from notification by the Contractor that maintenance/repair work on the leased vehicle has been completed.

Performance Standard: Replacement Vehicle is provided within the required timeframe (24 hours). Replacement vehicles meet requirements.

(24) Permanent Replacement Performance and Standard: The Contractor shall provide replacement vehicles for any vehicle that has been lost (e.g. fire/theft) or has suffered an accident/breakdown beyond economical repair to ensure continuous availability of vehicles.

Response time for permanent replacement of vehicles shall be not more than 30 calendar days from notification by the Contracting Officer. The Contractor shall provide a temporary replacement vehicle, during this 30-day period, without 24 hours from request by the Contracting

Officer.

Performance Standard: Replacement Vehicle is provided within the required timeframe (30 calendar days). Replacement vehicles meet requirements.

(25) Requirement of Replacement Vehicles Performance and Standard: Replacement vehicles shall be the same type of the vehicle being replaced. If replacement occurs as a result of vehicle loss or accident/breakdown beyond repair, age/kilometers/miles shall not exceed the age/kilometers/miles of the vehicle being replaced. In case of temporary replacement, if the same type of vehicle is not available, he contractor shall provide, upon approval by the Contracting

Officer, a vehicle of a type better than the vehicle being replaced, at no additional cost to the

Government.

Performance Standard: Replacement vehicles meet requirements.

(26) Vehicle Pick-up/Dispatch Points Performance and Standards: The Contractor shall pick-up vehicles at the designated Dispatch Point upon termination of lease period and/or when maintenance/repair work is needed. The Government will contact the Contractor to schedule vehicle pick-up within two working days. Vehicles shall be picked up during normal working hours and within one hour of the scheduled appointment. Any vehicle not picked upon time will be stored in commercial storage and storage costs will be billed to the Contractor. Vehicles returned at the end of the lease period will have a full tank of gas.

Performance Standard: Vehicles are picked up as scheduled.

(27) Government Provided Materials: The Government will provide the following materials:

a. Fuel as required during operation of vehicles by Government personnel. However, all fuel necessary while the vehicle is in Contractor’s custody (e.g during maintenance/repair work) shall be the Contractor’s responsibility.

b. All materials required to perform the services listed in paragraph “Government Provided

Services” below, as applicable.

(28) Government Provided Services: The Government will provide the following services:

a. Routine interior and exterior cleaning of vehicles, excluding initial cleaning

b. Checking and maintaining the correct tire pressure. Flat tire change. Flat tire repair will also be provided by the Government except when tire is damaged beyond repair and needs to be replaced by the Contractor with a new tire.

c. Modification of vehicles as specified in paragraph “Vehicle Modification/Marking of

Vehicles by Government,” including restoration of damages, if any, resulting from Government installed accessories and devices.

d. Loss of or Damage to Vehicle. The Contractor hereby assumes and shall bear the entire risk of loss of or damage cause whatsoever, including without limitation, casualty collision, fire malicious, theft and mysterious disappearance, except when the loss of damage is caused by a

U.S Government Representative in one or more of the following instances:

i. Obtaining the vehicle through fraud or misrepresentation; Operation of the vehicle by a driver (if self-driven) who is under the influence of intoxicants or any prohibited drugs.

ii. Use of the vehicle for any illegal purpose;

1. Use of the vehicle in pushing or towing another vehicle.

2. Use or permitting the vehicle to carry passengers or property for hire.

3. Operation of the vehicle in live artillery fire exercise, or used in training for tactical maneuvers.

4. Operation of the vehicle in a test, race or contest.

5. Theft of the vehicle and the customer cannot produce the vehicle keys, unless the customer can show the keys were stolen through theft or robbery

6. Operation across international boundaries unless specifically authorized at the time of contract award. Contractor shall state what countries are authorized in offer.

e. Billing for Damages: When loss or damage is due to an exception stated above, the contractor will submit its bills directly to the customer’s agency to the attention of the customer at the official duty address. If the agency denies liability on the basis that the customer or other authorized driver was not operating the vehicle within scope or employment or for an official purpose at the time of the loss, the contractor may handle the matter directly with the customer.

Claims for damage to a vehicle will not include amounts for administrative costs, loss of use or replacements.

f. Police Report: The driver will notify the company of any accident and obtain a police/traffic report for the contractor if one is reasonably available.

(29) Contractor Furnished Items: Except as specified in paragraph 27 “Government Provided

Materials” and 28 “Government Provided Services,” and Contractor shall provide all vehicles, transportation, maintenance, repair, equipment, materials, parts, supplies, components, and facilities to perform the requirements of this contract. The Contracting Officer or other

Government Representative may inspect Contractor furnished items for adequacy and the compliance with contract requirements. Inadequate or unsafe items shall be removed and replaced by the Contractor at no cost to the Government. Materials containing asbestos, lead, and

PCB’s shall not be brought on site. The Contracting Officer may at any given time require samples, Material Safety Data Sheets(MSDS), manufacturer’s data cut sheets of materials used in this contract.

(30) Invoicing: The Contractor shall submit invoices monthly to the Contracting Officer in original and one copy for service provided. Payment will be based on invoices submitted by the

Contractor for satisfactorily completed work. Invoices will be processed for payment upon verification of work actually performed and receipt of required Contractor submittals. Invoices for the work shall be formatted in accordance with the samples provided in the pre-performance conference and submitted with copies of the DD 1155 in case of modification to the subject contract. The Contracting Officer is required to accept only one invoice per month. Invoices should be delivered the first week of each month, during the Government’s regular working hours, to: The Contractor should anticipate invoicing monthly for a prorate portion (1/12th) of the firm fixed-price work for CLIN 0001 however, the Government reserves the right to require itemized invoices for all firmed fixed-price work. An invoice is a written request for payment under the contract, for supplies delivered or for services rendered. In order to be proper, an invoice must include as applicable the following:

a. Invoice date

b. Name of Contractor

c. Contract Number (including order number if any), contract line item number, contract description of supplies or services, quantity, contract unit of measure and unit price, and extended total.

d. Name and address to which payment is to be sent (which must be the same as that in the contractor on a proper notice of assignment)

e. Name (where practicable), title, phone number and mailing address of person to be notified in event of an improper invoice

f. Any other information or documentation required by other provisions of the contract

(such as evidence of shipment).

(31) Additional Contract Terms: The following additional contact terms apply:

a. The Contractor may be required to attend administrative and coordination meetings.

b. The Contractor shall obtain all required permits, licenses, and authorization to perform services under this contract and comply with all the applicable local laws and regulations.

c. The Contractor and all Government personnel authorized to lease vehicles under this contract shall observe the terms of this contract. Contract terms and conditions may only be modified in writing by the Contracting Officer.

d. For purposes of determining the monthly cost of a vehicle, the ELIN TOTAL AMOUNT shall be divided by Quantity (QTY) and divided by 12 (months).

e. For purposes of determining the yearly cost of a vehicle, the ELIN TOTAL AMOUNT shall be divided by Quantity (QTY).

Delivery shall be made to NCIS Attn: Frank Bruzzi Central Receiving Point Building 730 South

Road Camp Lemonnier, Djibouti 09363 with FOB Destination. Shipping and taxes (if applicable) shall be incorporated into your proposed price.Email: frank.bruzzi@ncis.navy.mil

Alternate POC: Victoria Tyson, victoria.tyson@ncis.navy.mil

Period of Perormance as specified:

CLIN 0001: 05/15/2018-05/14-2019

CLIN 0101: 05/15/2019-05/14-2020

CLIN 0201: 05/15/2020-05/14-2021

CLIN 0301: 05/15/2021-05/14-2022

CLIN 0401: 05/15/2022-05/14-2023

Offerors that fail to furnish required representation or technical information as required by

Federal Acquisition Regulation provisions 52.212-1, Instructions to Offerors or reject the terms and conditions of this solicitation shall be excluded from consideration.

52.212-2 -- Evaluation -- Commercial Items (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible 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: Lowest

Price Technically Acceptable (LPTA), vehicle specifications, required delivery date.

Award shall be made to the responsive and responsible offeror who has the lowest price and is technically acceptable. Requests having multiple line items shall be analyzed by the total cost of the quote and not by individual item. All items quoted must be new. No partial awards shall be made.

The Government will award a quote that includes the requested information for the base year and all option years. Partial quotes and/or quotes received after the closing date will not be accepted.

The RFQ contains the clauses, terms, and conditions acceptable to the Government. Any quote that contains terms or conditions or any other vendor-specific or OEM-specific agreement regardless of how titled or described may be considered unacceptable for award. Vendors are on notice that if they choose to submit a document containing terms and conditions, they are mailto:frank.bruzzi@ncis.navy.mil mailto:victoria.tyson@ncis.navy.mil required to demonstrate that those terms and conditions do not conflict with, or differ from, the

RFQ’s terms and conditions, as well as statute and regulation (e.g., Federal Acquisition

Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS)).

Compliance with this section is a component of technical acceptability. Accordingly, a quote that contains vendor-specific or OEM-specific terms and conditions that conflict with statutory or regulatory requirements, or are otherwise disadvantageous to the Government as noted above, may be determined unacceptable. Further, NO such terms and conditions will be accepted after award.

(b) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the

Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

CLAUSES INCORPORATED BY REFERENCE

52.203-2 Gratuities APR 1984

52.203-6 Restrictions on Subcontractor Sales to the Government SEP 2006

52.203-7 Anti-Kickback Procedures MAY 2014

52.204-2 Security Requirements AUG 1996

52.204-7 System for Award Management JUL 2013

52.204-13 System for Award Management Maintenance OCT 2016

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017

52.217-5 Evaluation Of Options JUL 1990

52.228-8 Liability and Insurance -- Leased Motor Vehicles MAY 1999

52.229-6 Taxes--Foreign-Fixed Price Contracts FEB 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013

52.243-1 Changes—Fixed Price AUG 1987

52.252-2 Clauses Incorporated By Reference FEB 1998

252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011

252.204-7003 Control of Government Personnel Work Product APR 1992

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber

Incident Information OCT 2016

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997

252.225-7041 Correspondence in English JUN 1997

252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997

252.229-7001 Taxes Relief SEP 2014

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 Law (Overseas) JUN 1997

252.237-7023 Continuation of Essential Contractor Services OCT 2010

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS NOV 2017

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management

(SAM) Web site located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the

United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

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

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

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

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

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or https://www.sam.gov/portal interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-

9999, except--

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the

International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States;

and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR

124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term

“successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted electronically on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the

SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and

Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs

[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.

https://www.acquisition.gov/

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___

) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___

) is, ( ___ ) is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part

127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in

(c)(6) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part

127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the

EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the

Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with

13 CFR Part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of

13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the

HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the

HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Certifications and representations required to implement provisions of Executive Order

11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and

(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the

Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352).

(Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation

(FAR) 52.225-1, Buy American --Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United

States” are defined in the clause of this solicitation entitled “Buy American--Supplies.”

(2) Foreign End Products:

Line Item No. Country of Origin

(List as necessary)

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR

Part 25.

(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or

(g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms ``Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,'' ``commercially available off-the-shelf (COTS) item,'' ``component,''

``domestic end product,'' ``end product,'' ``foreign end product,'' ``Free Trade Agreement country,'' ``Free Trade Agreement country end product,'' ``Israeli end product,'' and ``United

States'' are defined in the clause of this solicitation entitled ``Buy American--Free Trade

Agreements--Israeli Trade Act.''

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or

Israeli end products as defined in the clause of this solicitation entitled ``Buy American--Free

Trade Agreements--Israeli Trade Act'':

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy

American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of…