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SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
SINLEC16Q0036 SEALED BID (IFB)
NEGOTIATED (RFP)
2. TYPE OF SOLICITATION 3. DATE ISSUED
02/19/2016
RATING
IMPORTANT -The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
CODE INLMS
DEPARTMENT OF STATE - MGMT SYSTEMS DIV
(INL/RM/MS)
2430 E. Street, N.W. (SA-4) ATTN: NAVY HILL SOUTH-Post Funded Services
WASHINGTON, DC 20520
7. ISSUED BY
DEPARTMENT OF STATE - MGMT SYSTEMS DIV
(INL/RM/MS)
SA-1 Columbia Plaza: 2401 E Street, NW ATTN: NAVY HILL SOUTH - Post Funded
WASHINGTON, DC 20037-0101
8. ADDRESS OFFER TO
9. FOR INFORMATION EMAIL: a. NAME
Anthony L. Pierce
b. TELEPHONE NO. (Include area code)(NO COLLECT CALLS) c. EMAIL pierceal@state.gov
SOLICITATION
NOTE: In sealed bid solicitations "offer" and "offeror" means "bid" and "bidder".
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
11. The Contractor shall begin performance within ______ calendar days and complete it within ______ calendar days after receiving
X award, notice to proceed. This performance period is X mandatory negotiable. ( (See __.)
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? (If "YES," indicate within how many calendar days after award in Item 12b).
YES X NO
12b. CALENDAR DAYS
Sealed offers in original and ____ copies to perform the work required are due at the place specified in item 8 by __02:00:00__ (hour) local time __02/25/2016 __ (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
a.
b. An offer guarantee is, X is not required.
All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.c.
d.
Offers providing less than ____ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
13. ADDITIONAL SOLICITATION REQUIREMENTS:
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1442 (REV. 4-85)
Prescribed by GSA - FAR (48 CFR) 53.236-1(e)
SINLEC16Q0036
OFFER (Must be fully completed by offeror)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)
16. REMITTANCE ADDRESS (Include only if different than Item 14.)
CONTACT: DUNS:
CODE FACILITY CODE
The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)
17.
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
DATE.
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)
20b. SIGNATURE 20c. OFFER DATE
AWARD (To be completed by Government)
21. ITEMS ACCEPTED
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM
10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
26. ADMINISTERED BY INLMS
DEPARTMENT OF STATE - MGMT SYSTEMS DIV
(INL/RM/MS)
2430 E. Street, N.W. (SA-4) ATTN: NAVY HILL SOUTH-Post Funded Services
WASHINGTON, DC 20520
GLOBAL FINANCIAL SERVICES CENTER,
CHARLESTON, SOUTH CAROLINA
PO BOX 150008; Fax To: 1-866-483-3436
ATTN: OFFICE OF CLAIMS
CHARLESTON, SC 29415-5008
27. PAYMENT WILL BE MADE BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return __________ copies to issuing office) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.
29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No futher contractual document is necessary.
30a.NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)
Anthony L. Pierce 31a. NAME OF CONTRACTING OFFICER (Type or print)
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA
BY
31c. DATE
STANDARD FORM 1442 (REV. 4-85) BACK
Table of Contents
Section Description Page Number
B Supplies or Services and Prices/Costs C Descriptions/Specifications/Statement of Work F Deliveries or Performance
52.247-42 C.I.F. Destination (Apr 1984) G Contract Administration Data
01INV DEPARTMENT OF STATE INVOICE INSTRUCTIONS
I Contract Clauses
52.213-2 Invoices (Apr 1984) 52.217-6 Option for Increased Quantity (Mar 1989) 52.228-3 Workers' Compensation Insurance (Defense Base Act) (July 2014)
652.229-70 EXCISE TAX EXEMPTION STATEMENT FOR CONTRACTORS WITHIN THE
UNITED STATES (JUL 1988)
652.247-71 SHIPPING INSTRUCTIONS (FEB 2015)
K Representations, Certifications, and Other Statements of Offerors or Respondents 52.209-5 Certification Regarding Responsibility Matters (Oct 2015)
001 Anti-Riot Water Cannon Truck Unarmed, Or Equal 3.00 EA Doc Ref No:
Delivery Date
FOB:
002 TRAINING 1.00 LT
See SOW for details
Doc Ref No:
Delivery
Date
FOB:
003 Shipping & Handling 1.00 LT
DELIVERY ADDRESS
INL/APRRP
11841 Newgate Blvd Hagerstown, MD 21740
Doc Ref No:
Delivery
Date
FOB:
1001 Option-Anti-Riot Water Cannon Truck Unarmed, Or Equal 0.00 EA This CLIN is optional and will only be executed at the request of the Government
Doc Ref No:
Delivery
Date
FOB:
1002 Option-TRAINING 0.00 LT This CLIN is optional and will only be executed at the request of the Government
Doc Ref No:
Delivery
Date
FOB:
1003 Option-Shipping & Handling 1.00 LT This CLIN is optional and will only be executed at the request of the Government
DELIVERY ADDRESS
INL/APRRP
11841 Newgate Blvd Hagerstown, MD 21740
Doc Ref No:
Delivery
Date
FOB:
SINLEC16Q0036
Line Item Summary
Solicitation Number:
SINLEC16Q0036
Contract Number: Title: APRRP:Anti-Riot Water Cannon Truck-FY15/16 APRRP
Date of Solicitation:
02/19/2016
Line Item No. Description Quantity Unit Unit Price Total Cost
Section C- Descriptions/Specifications/Statement of Work
Instructions to Offerors SOW
Section 1 General information
INFORMATION TO CONTRACTORS
Contractors are reminded that information furnished under this Request for Quote (RFQ) may be subject to disclosure under the Free-dom of Information Act (FOIA). Therefore, all items that are confidential to business or that contain trade secrets or proprietary or personnel information must be clearly marked. Marking of items will not necessarily preclude disclosure when Department of State (DoS) determines disclosure is warranted by FOIA. However, if such items are not marked, all information contained within the sub-mitted documents will be deemed releasable.
QUESTIONS
All questions must be submitted in writing. DoS will accept questions via e-mail. Written questions relating to this RFQ will be ac-cepted through 2:00pm Eastern Standard Time, 02/23/2016. Any communications in reference to this RFQ shall cite the reference number and be directed to the following individuals:
Name: Anthony Pierce Title: Contract Specialist E-mail: pierceal@state.gov
QUOTE DELIVERY
Contractors shall submit one quote via e-mail to pierceal@state.gov . This includes Microsoft Word, Excel, and PowerPoint (as ap-plicable and appropriate). PDF format shall be used only for scanned documents.
The electronic copy, upon file opening and display on the computer monitor, shall appear exactly as the printed hard copy quote sub-mission with the same font size restriction.
Contractors should use a Read and Delivered Receipt to ensure timely submission as well as to ensure that the USG received the quote.
NOTICE OF RFQ CLOSING DATE AND TIME
All offers shall be submitted to the designated Government Representative via e-mail not later than 2:00pm Eastern Standard Time, 02/25/ 2016.
Name: Anthony Pierce Title: Contract Specialist E-mail: pierceal@state.gov
MULTIPLE QUOTE/ALTERNATIVE SOLUTIONS
Contractors shall not submit, nor will the Government accept or evaluate, multiple quotes offering alternative solutions. Contractors shall not submit, nor will the Government accept or evaluate, multiple solutions within one quote.
PERIOD OF ACCEPTANCE OF OFFERS
Contractors shall agree, if the quote is accepted within 90 calendar days (unless a greater period is inserted by the contractor) from the date specified in the solicitation for receipt of quote, to furnish any or all of the requirements upon which prices are proposed at the price set opposite each item, performed and/or delivered at the designated point(s) within the time specified.
SECTION 2
STATEMENT OF WORK (SOW)
GENERAL
The Bureau of International Narcotics and Law Enforcement Affairs (INL) is an instrumental leader in the development of policies and programs to combat international narcotics and crime. INL programs support two of the Department of States' strategic goals: (1) to reduce the entry of illegal drugs into the United States; and (2) to minimize the impact of international crime on the United States and its citizens. One of the many ways to effectively meet the listed goals is to collaborate with allied governments both directly and indirectly to promote the modernization of and support the enforcement operations of their foreign criminal justice systems and law enforcement agencies.
Police are a critically important element of United Nations (UN) peacekeeping operations, as evidenced by the 10 fold growth in po-lice authorized for UN missions over the past 15 years. Recognizing the growing demand for police as well as the increased complex-ity of the roles they play, INL/CAP assists police contributing countries (PCCs) and the UN to improve the quality and timeliness of police deployed to UN missions. INL provides equipment, training, and capacity building assistance to PCCs as well as technical and funding support to the UN Police Division.
President Obama announced the African Peacekeeping Rapid Response Partnership (APRRP) during the August 2014 U.S.-Africa Leaders Summit in an effort to better address this challenge. Through APRRP, the Administration plans to build, strengthen, and in-stitutionalize capabilities to generate and rapidly deploy peacekeepers in six initial partner countries: Ethiopia, Ghana, Rwanda, Senegal, Tanzania, and Uganda. Rapid response includes the ability to quickly plan and deploy Police Contributing Countries (PCCs) within 30 days after the adoption of Security Council resolution and sustain the police for six months. This deployment can include Formed Police Units (FPUs), Individual Police Officers (IPOs), and police support staff. As part of APRRP, INL will focus on build-ing the police peacekeeping capabilities necessary to assist APRRP partners in developing their own capacity so that they are capable of quickly deploying high quality police peacekeepers and independently sustaining them in-mission.
DESCRIPTION OF REQUIREMENTS
The Contractor shall provide to the U.S. Government the new vehicles as described on this RFQ for the stated firm fixed price. Fur-ther, the Contractor shall properly perform the pre-delivery inspection on the vehicles and deliver them to the location set forth in Sec-tion below (Place of Delivery), of this contract. The firm fixed price shall include the vehicles, pre-delivery inspection, certificates of origin, operator’s manuals and warranty certificates. All manuals shall be furnished in the English and French language.
Note: All vehicles should be diesel; Vehicles should be shipped containing 1/3 tank Fuel, (with oil and lubricants serviced), in order to be operational upon arrival.
This is a “OR EQUAL” requirement the Government will consider vehicles of similar make and model.
CLIN 001 Anti-Riot Water Cannon Truck Unarmed, Or Equal Quantity: 3 Each
SPECS:
Chassis Vehicle 2015-2016 28,500 Aprox GVW 4x4, Low Profile Diesel En-gine, Heavy Duty Bumpers, Heavy Duty Cargo Body, Double Rear Doors, Left/Right Crew doors, Roof Hatch, Window Screens, Roof Hatch for Water Fill, Driver, operator, 12 Crew Seating, Color White with UN Markings.
Riot Deterrent System (Capable for both mobile or stationary operations)
SPECIFICATIONS: SRC DIMENSIONS - 10 FEET HIGH X 8 FEET WIDE X 22.5 FEET LONG
Water Delivery System: Engine/Pump module, Diesel Engine, Water Cooled, Bronze Centrifugal Pump, 75 GPM @ 220 PSI, Elec-tric Starting, External Gages, Joystick Cannon operation, Tear Gas Injection System Water Reservoir Tank: Poly Propylene Simi Baffled Construction, 1,025 Gallon Capacity, Sight Glass, 3” Discharge, Top Fill, Man Hole, Drain with Valve Water Cannon: 340 GPM, 12 Volt, Remote Cord, Valve Controller with Surface Mounted Box, 334 degree Horizontal Movement, Cannon Projection.
High Intensity Light Mounted to Cannon Oilfield Grade Epoxy Painted Mounting Skid Self-contained Unit All piping is corrosion resistant.
Operation and Maintenance Manual English and French Maintenance Kit, Filters, and Belts
CLIN 002 – TRAINING
Quantity 1 Lot
The vendor shall provide basic training on the operations and maintenance of the delivered equipment to 5-10 personnel, 10 mainten-ance training and 5 operators training. Each training session will be directed by the COR once equipment is in country. Training will either be conducted in Senegal or Rwanda depending upon which site the COR chooses at the time. Participants must demonstrate knowledge of handling, operating, and maintaining the equipment and INL points of contact will observe and confirm the completion of training as part of the receiving acceptance for payment of services.
CLIN 003 - Shipping & Handling Quantity: 1 Lot (see details below)
OPTIONAL QUANTITY
The Government may purchase optional quantity ranging from 1 to quantity listed in the Base Award. Offeror(s) shall price accord-ingly.
CLIN 1001 – Anti Riot Water Cannon Truck or equal Quantity: 1 Each
Specifications: Reference CLIN 001
CLIN 1002 - TRAINING
QUANTITY: 1 Lot
Specifications: Reference CLIN 002
CLIN 1003 – Shipping & Handling Quantity 1 Lot
Delivery Information.
Delivery will be approximately 90 days after receipt of award. The Contractor shall consolidate the entire shipment to prevent loss and misdirection. Any lost or damaged items during shipment shall be replaced by the contractor upon notification. When the order is ready for shipment, forward the shipment prepaid directly to:
DELIVERY ADDRESS
INL/APRRP
11841 Newgate Blvd Hagerstown, MD 21740
PACKING AND MARKING
REMARKS: Each box, carton, and package shall be marked as follows) INL/African Peacekeeping Rapid Response Partnership (INL/APRRP)
CO
Purchase Order No._____________ Box #__ of __
REMARKS: Improperly marked shipments will be rejected by the USG. Offerors should include specific details and delivery dates in their responses to this RFQ.
No partial shipments are permitted, unless otherwise specified by Contracting Officer at time of contract award.
TYPE OF CONTRACT
This is a firm-fixed price, single award contract, with the optional quantities. No additional sums will be payable on account of any escalation in the cost of materials, equipment or labor, or because of the Contractor’s failure to properly estimate or accurately predict these prices or difficulty of achieving the results required by this contract. Nor will the contract price be adjusted on account of fluctu-ations in the currency exchange rates.
SET-ASIDE
This acquisition is a 100% small-business set-aside in accordance with FAR 6.203.
EFFECTIVE PERIOD OF CONTRACT
This contract shall be effective on the date of the Contracting Officer's signature and shall remain valid until all commodities are re-ceived, inspected and accepted by the Government.
SECTION 3
INSTRUCTIONS, EVALUATION FACTORS AND METHODOLOGY
Quote submitted in response to this RFQ shall include the following information:
• Product information that demonstrates compliance with all specifications in Section 2
• Itemization of all products and services offered
• Description of special features, testing procedures and any value-added services
• Identification of any non-contract items (i.e. open market items)
• Delivery schedule
• Shipping Services terms and conditions
• Payment terms
• Firm fixed prices for all offered items and services (identify discounts offered from the current GSA FSS price)
• Standard warranty offered
The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicit-ation will be most advantageous to the Government, price and other factors considered. Basis for award will be to the vendor provid-ing the lowest price technically acceptable quote determined to meet the minimum requirements.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.
Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for ac-ceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified ex-piration 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.
SOLICITATION CONSIDERATIONS
The seller certifies that it is an authorized distributer of the similar product being sold to the Department of State and that it has the certification/specialization level required by the manufacturer, to support both the product sale and product pricing, in accordance with applicable manufacturer certification/specialization requirements. Unless otherwise specified, Seller warrants that the products are new and in their original box(es).
The Seller confirms to have sourced all products submitted in this Quote from manufacturer-approved channels for Federal sales, in accordance with all applicable laws and manufacturer’s current applicable policies at the time of purchase. Seller must be able to sup-port both the product sale and product pricing, in accordance with applicable manufacturer certification / specialization requirements.
Pursuant to the Trade Agreements Act (19 U.S.C. 2512(a)) (TAA), Federal acquisitions of supplies may be made only from offerors that will supply products of an eligible country under any of the free trade agreements entered into pursuant to the TAA. An article is considered a product of a country only if it is wholly a product of that country or if it has been, substantially transformed, in that coun-try into a new and different article of commerce with a name, character, or use distinct from that of the original article(s). Note that any item that is a discreet article as it is sold in commerce, regardless of its ultimate function or use, cannot be considered, substan-tially transformed, and based solely on its integration into IT or other systems
The Contractor and its employees shall exercise the utmost discretion concerning all matters relating to their duties and functions.
They shall not communicate to any person any information known to them by reason of their performance of services under this con-tract, which has not been made public, except in the necessary performance of their duties or upon written authorization of the Con-tracting Officer.
All documents and records (including photographs) generated during the performance of work under this contract shall be for the sole use and become the exclusive property of the U.S Government. Furthermore, no article, book, pamphlet, email, recording, broadcast, speech television appearance, film or photograph concerning any aspect of work performed under this contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do no cease upon the expiration or termination of this contract. The Contractor shall include the substance of this provision in all contracts of em-ployment and in all subcontracts hereunder.
Section F- Deliveries or Performance
52.247-42 C.I.F. Destination (Apr 1984)
(a) The term "c.i.f. destination," as used in this clause, means free of expense to the Government delivered on board the ocean vessel to the specified point of destination, with the cost of transportation and marine insurance paid by the Contractor.
(b) The Contractor shall--
(1)(i) Pack and mark the shipment to comply with contract specifications; or
(ii) In the absence of specifications, prepare the shipment for ocean transportation in conformance with carrier requirements;
(2)(i) Deliver the shipment in good order and condition; and
(ii) Pay and bear all applicable charges to the point of destination specified in the contract, including transporta-tion costs and export taxes or other fees or charges levied because of exportation;
(3) Obtain and dispatch promptly to the Government clean on-board ocean bills of lading to the specified point of destination;
(4) Be responsible for any loss of and/or damage to the goods occurring before delivery;
(5) At the Government's request and expense, provide certificates of origin, consular invoices, or any other doc-uments issued in the country of origin or of shipment, or both, that may be required for importation into the country of destination; and
(6) Obtain and dispatch to the Government an insurance policy or certificate providing the amount and extent of marine insurance coverage specified in the contract or agreed upon by the Government Contracting Officer.
(End of clause)
Section G- Contract Administration Data
01INV DEPARTMENT OF STATE INVOICE INSTRUCTIONS
Invoice submission is only via the Office of Claims’ Commercial Claims Operations fax server, toll-free num-ber: 866-483-3436, or DOSPayments@state.gov, unless otherwise indicated. Each invoice must be transmitted separately.
To constitute a proper invoice, the invoice must include the following information and/or attached documenta-tion:
(1) Name and Address of the Contractor
(2) Dun and Bradstreet Universal Number System (DUNS)
(3) Date of invoice
(4) Unique Vendor Invoice Number - Our Financial System cannot accept the following characters: @ (at symbol), ~ (Tilde), & (Ampersand), ' (Apostrophe), " (Quotation) and spaces. Please do not include any of these characters as part of your invoice number.
(5) Remittance Contact Information
(6) Shipping Terms, Ship to Address
(7) Payment Terms
(8) Total Quantity of Items
(9) Total Invoice Amount
(10) Requisition Number, Contract Number and Order/Award Number, with modification number if applicable.
(11) Order line item number and information (see below instructions)
The name and DUNS of the contractor on the invoice must match the information indicated on the order/award for proper payment.
IMPORTANT: For proper payment, the invoice must detail products and/or services delivered on a line item basis in direct accordance with the corresponding order/award/contract. Each line item must con-tain the following information:
(1) Description of the services rendered for each line item
(2) Line Item Quantity
(3) Line Item Unit Price
(4) Total Line Item Invoicing Amount
(5) Delivery Date
(6) Contract Line Item Number (CLIN)
(7) Order/Award Line Item Number if invoicing against a task or delivery order or Blanket Purchase Agreement (BPA)
Please note that many task or delivery orders against Department of State or GSA contracts or blanket purchase agreements may have a separate and unique line item number in addition to the umbrella Con-tract Line Item Number (CLIN). The order line item number as well as the umbrella award CLIN must be referenced at each invoice line item level in such cases.
All payment to domestic claims will be disbursed by electronic funds transfer EFT. Vendors who are re-gistered in the System for Award Management (SAM) should verify and re-confirm their financial in-formation in the database prior to invoicing. Vendors who wish to request a waiver of SAM or payment by check must submit their justification to their assigned contracting officer for consideration at least 30 days prior to billing. For vendors who are granted an EFT exception, the payment address on the invoice must match the remittance address in the vendor record cited in the award.
Additional correspondence should be addressed to:
Name:
U.S. Department of State Global Financial Services Attn: Office of Claims (RM/GFS/F/C) Charleston Financial Service Center
Mailing Address:
Post Office Box 150008 Charleston, SC 29415-5008 Telephone Numbers:
Director’s Secretary Voice 843-202-3761 Fax 843-746-0749 Official Office Hours: 8:00 am – 5:00 pm
To request Payment Status on a Past Due Invoice contact:
Office of Claims Customer Service Email: commercialclaims@state.gov Phone: 877-704-9473 Toll Free
Person to Contact: Supervisor, Vendor Claims Email: GFS-ChiefVC@state.gov (End of clause)
Section I- Contract Clauses
52.213-2 Invoices (Apr 1984)
The Contractor's invoices must be submitted before payment can be made. The Contractor will be paid on the basis of the invoice, which must state-
(a) The starting and ending dates of the subscription delivery; and
(b) Either that orders have been placed in effect for the addressees required, or that the orders will be placed in effect upon receipt of payment.
(End of clause)
52.217-6 Option for Increased Quantity (Mar 1989)
The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within ______________ [insert in the clause the period of time in which the Contracting Officer has to exercise the option]. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.
(End of clause)
52.228-3 Workers' Compensation Insurance (Defense Base Act) (July 2014)
(a) The Contractor shall--
(1) Before commencing performance under this contract, establish provisions to provide for the payment of dis-ability compensation and medical benefits to covered employees and death benefits to their eligible survivors, by purchasing workers' compensation insurance or qualifying as a self-insurer under the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 932) as extended by the Defense Base Act (42 U.S.C. 1651, et seq.), and continue to maintain provisions to provide such Defense Base Act benefits until contract performance is completed;
(2) Within ten days of an employee's injury or death or from the date the Contractor has knowledge of the injury or death, submit Form LS-202 (Employee's First Report of Injury or Occupational Illness) to the Department of Labor in accordance with the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 930(a), 20 CFR
702.201 to 702.203);
(3) Pay all compensation due for disability or death within the time frames required by the Longshore and Har-bor Workers' Compensation Act (33 U.S.C. 914, 20 CFR 702.231 and 703.232);
(4) Provide for medical care as required by the Longshore and Harbor Workers' Compensation Act (33 U.S.C.
907, 20 CFR 702.402 and 702.419);
(5) If controverting the right to compensation, submit Form LS-207 (Notice of Controversion of Right to Com-pensation) to the Department of Labor in accordance with the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 914(d), 20 CFR 702.251);
(6) Immediately upon making the first payment of compensation in any case, submit Form LS-206 (Payment Of
Compensation Without Award) to the Department of Labor in accordance with the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 914(c), 20 CFR 702.234);
(7) When payments are suspended or when making the final payment, submit Form LS-208 (Notice of Final Payment or Suspension of Compensation Payments) to the Department of Labor in accordance with the Long-shore and Harbor Workers' Compensation Act (33 U.S.C. 914(c) and (g), 20 CFR 702.234 and 702.235); and
(8) Adhere to all other provisions of the Longshore and Harbor Workers' Compensation Act as extended by the Defense Base Act, and Department of Labor regulations at 20 CFR Parts 701 to 704.
(b) For additional information on the Longshore and Harbor Workers' Compensation Act requirements see ht-tp://www.dol.gov/owcp/dlhwc/lsdba.htm.
(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts to which the Defense Base Act applies.
(End of clause)
652.229-70 EXCISE TAX EXEMPTION STATEMENT FOR CONTRACTORS WITHIN THE UNITED STATES (JUL 1988)
This is to certify that the item(s) covered by this contract is/are for export solely for the use of the U.S. Foreign Service Post identified in the contract schedule.
The Contractor shall use a photocopy of this contract as evidence of intent to export. Final proof of exportation may be obtained from the agent handling the shipment. Such proof shall be accepted in lieu of payment of ex-cise tax.
(End of clause)
652.247-71 SHIPPING INSTRUCTIONS (FEB 2015)
(a) Each packing box shall be of solid construction in accordance with best commercial practices and suffi-ciently strong in direct ratio to the weight of the contents to withstand excessively rough handling while in transit overseas. It shall be constructed of lumber that is well seasoned, reasonably sound, free from bad cross grain and from knots or knotholes that interfere with nailing or that occupy more than 1/3 of the width of the piece of lumber. Box shall be constructed with three-way corners and diagonal bracing. All nails shall be ce-ment-coated, of correct size and properly spaced to avoid splitting or warping, and shall be driven into the grain of the wood. Dimension of lumber shall be in accordance with the following table, dependent upon the weight of the contents:
Weight of box and Minimum dimensions of lumber for struts, contents frame members, and single diagonal braces
Up to 45 kg 19.05 x 57.15mm 46 to 113 kg 22.23 x 73.03mm 114 to 181 kg 22.23 x 98.43mm 182 to 272 kg 22.23 x 123.83mm or
25.4 x 98.43mm
(b) Each box shall be lined with waterproof paper and shall be bound with 19.05mm steel straps firmly stapled in position to prevent the straps from slipping off the box. Articles must be secured and braced inside the ship-ping container to prevent the articles from shifting.
(c) Packing cases weighing 453.5 kg and more must be equipped with skids. Each skid shall consist of two end sections of 50.8 x 152.4mm lumber placed flat and a center section of 50.8 x 101.6mm lumber placed flat and then arranged in line to prove 254mm forklift spaces between center and end sections. When goods are ready for shipment, the Contractor shall prepare four (4) copies of a packing list, indicating the contract and, if applic-able, order numbers; case number; itemized list of contents; net and gross weights in kilograms; and outside di-mensions, including all clears, of each shipping container. The Contractor shall provide three (3) copies of the packing list to the U.S. Despatch Agent specified in the contract or order. The Contractor shall place the fourth copy of the packing list in packing case number one, which shall be marked as such so that it is easily identified by the consignee. Upon receipt of the packing list, the Despatch Agent will furnish export marks and instruc-tions regarding shipment to the port specified, depending upon steamer services available at the time.
(d) The export marks shall be stenciled on one side of each box reserved for that purpose, and the appropriate case number stenciled in the lower left-hand corner of the same side. The contract and, as necessary, order num-bers, net and gross weights in kilograms shall be stenciled on the same side. However, if the size of the box is too small to accommodate all stenciling on one side, the contract and order numbers and weights may be stenciled on the side opposite that used for the export marks and case number.
(e) The contract and, as necessary, order numbers must appear on all containers and papers relating to this clause.
(End of clause)
Section K- Representations, Certifications, and Other Statements of Offerors or Respondents
52.209-5 Certification Regarding Responsibility Matters (Oct 2015)
(a)(1) The Offeror certifies, to the best of its knowledge and belief, that--
(i) The Offeror and/or any of its Principals--
(A) Are are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) Have have not , within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this soli-citation);
(C) Are are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;
(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial chal-lenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced col-lection action is precluded.
(2) Examples.
(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Ap-peals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the tax-payer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collec-tion action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(ii) The Offeror has has not , within a three-year period preceding this offer, had one or more contracts termin-ated for default by any Federal agency.
(2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person hav-ing primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to con-tract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in or-der to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and in-formation of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certi-fication, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
(End of provision)
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