Solicitation W5J9JE21B0001.pdf

SEE ADDENDUM

(No Collect Calls)

W5J9JE21B0001 03-Dec-2020

b. TELEPHONE NUMBER

540.667.3857

8. OFFER DUE DATE/LOCAL TIME

12:00 AM 22 Dec 2020

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.

W5J9JE9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

TRAVIS J SPECHT

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

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

USACE TRANSATLANTIC AFGHANISTAN DISTRICT

CETAA-CT, USACE TAA HQ BAF, BAGRAM

APO AE 09354

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 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$41,500,000

NAICS:

532112

X

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)

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.

W5J9JE21B0001

Section SF 30 - BLOCK 14 CONTINUATION PAGE

SCOPE OF WORK

STATEMENT OF WORK

US ARMY CORPS OF ENGINEERS MIDDLE EAST DISTRICT

CENTCOM VEHICLE LEASE – DRAFT KUWAIT

Part 1 - General Information

1. General: This is a commercial service procurement to meet a recurring supply effort for ground transportation (vehicles). The vendor shall provide safe and operable vehicles at all times for U. S. Army Corps of Engineers (USACE), Transatlantic Division, Afghanistan District (TAA) personnel who are assigned to the Kuwait Area Office. The U.S. Government (USG) will not exercise any supervision or control over the vehicle providers.

1.1 Background: The intent of this acquisition is to award a Firm-Fixed-Price (FFP) Contract to provide safe and operational vehicles for USACE employees (military and civilian) stationed Outside the Continental United States (OCONUS) at locations within the U.S. Central Command (CENTCOM) Kuwait Area of Responsibility (AOR).

The vehicles shall comply with features and standards listed in Part 5.

1.2 Objectives: USACE – Transatlantic Afghanistan District requires the Contractor to supply vehicles that are safe and fully operational which includes but, is not limited to licensing; inspections; insurance; and as required, toll stickers; and any effort that is required to provide safe and operational vehicles.

1.3 Scope: This contract provides twenty-one (21) vehicles, to include necessary service, insurance, and fuel cards, for USACE personnel located within the CENTCOM AOR KUWAIT. Vehicle types and quantities are: 15 mid-sized sedans, 3 mid-sized SUVs, 1 full-sized SUV, and 2 full-sized Crew Cab trucks.

1.4 Period of Performance Duration: The intended contract duration for this requirement shall be 1 base year, anticipated to begin on or about 15 December, 2020, with one (1) year option period. Vehicles must be available within 2 days of award. A Government POC will be provided upon award. Delivery dates, times, and locations will be coordinated with the Government POC provided.

1.5. Quality/Insurance: The Contractor shall certify in writing in response to this PO request that the vehicles meet the requirements of the SOW; local laws; and are covered by a comprehensive insurance plan per included clause 52.228-08 and paragraph 4.3 of this document. Copies of the current vehicle registration and insurance shall be placed in the glove compartment of the respective vehicles provided.

1.5.1 Contractor Identification: Contractor personnel shall wear a Contractor-provided identification card at all times when interacting with USG personnel. Vehicles will not be accepted from Contractor personnel without proper identification.

1.5.2 Time and Place of Delivery: The contractor shall coordinate delivery with Contracting Officer’s Representative for the delivery of vehicles described in this SOW. The country covered under this Purchase Order is Kuwait with delivery within a 40 Kilometer radius of Kuwait City.

1.5.3 Safety: The Contractor shall provide safe and operational vehicles and vehicles shall be in accordance with this SOW.

A safe and operational vehicle is defined as a vehicle that has:

• Completed all repairs required as a result of a collision; regardless of who is at fault or what collided with the vehicle;

• All damaged, non-operating, or malfunctioning parts are replaced with parts meeting manufacturer specifications;

• Periodic manufacturer recommended inspections and repairs;

• All manufacturer installed safety items such as glass, seat belts, air bags, traction control are fully operational and within manufacturer specifications;

• Maintenance that is not scheduled but is required to correct deficiencies and to restore the vehicle or equipment to a serviceable condition; and

• All recall work completed

1.5.4 Accident Notification: The Contractor will notify the identified Contracting Officer’s Representative (COR) as soon as practical, but not later than eight hours, after notification of an accident which meets the definition of, property damage equal to or greater than $2,000. Immediate notifications to the Contracting Officer (KO) and District/Division Safety Offices shall be made for all accidents noted in EM 385-1-1 paragraph 01-D-02, https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf . The Contractor shall ensure that recordable accident and property damage reports are complete and accurate.

1.6 Type of Contract: Firm Fixed Price.

1. 7 Post-award Conference/Periodic Meetings: The Contractor agrees to attend any post award conference and/or meeting convened, via telephone, by the KO in accordance with Federal Acquisition Regulation (FAR) Subpart 42.5 Post-award Orientation. The Contractor shall provide the minutes of the meeting to the COR within three business days of each meeting.

1.8 Contracting Officer Representative: The COR monitors technical requirements of the contract (see paragraph

5.2.10 of this document) and assists the KO with contract (purchase order) administration. The COR is authorized to perform the following functions: assure that the Contractor provides vehicles that meet the requirements of this SOW. There may be additional duties assigned to the COR which will be detailed in a letter of designation issued to the COR. A copy of which is sent to the Contractor, which may state the responsibilities and limitations of the COR, especially with regard to changes in price, estimates or changes in delivery dates, and locations for pick-up and swap-out of vehicles. The COR is not authorized to change any of the terms and conditions of the resulting order.

PART 2 - DEFINITIONS & ACRONYMS

2.1 DEFINITIONS:

2.1.2 Contractor: A supplier or vendor awarded a contract to provide specific supplies or service to the USG. The term used in this contract refers to the prime contractor.

2.1.3 Contracting Officer (KO): A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the USG. Note: The Contracting Officer is the only individual who can legally bind the USG.

2.1.4 Contracting Officer’s Representative (COR): An employee of the USG appointed by the KO to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract. A COR will be appointed for this PO.

2.1.5 Subcontractor: One that enters into a contract with a prime contractor. The USG does not have privity of contract with the subcontractor.

2.1.6 Work Day: The Contractor shall be available during normal working hours which is 0800 to 1630 hours daily. Additionally, an emergency POC shall be provided as required in paragraph 4.1 and available 24/7.

2.1.7 Work Week: - Sunday through Thursday, 0800 – 1630 hours, but may vary. Emergency service shall be available 7 days a week.

2.1.8 Fair Wear and Tear: The normal deterioration of items attributed to continuous usage. Fair wear and tear includes repair or replacement of all parts not resulting from abuse, accidents, criminal or hostile acts, or any event not at the fault of the USG. If it is determined by mutual agreement of both the contractor and COR/ACO that a tire failed due to willful negligence of the Government driver, the Government shall pay for the repair or replacement of the flat tire. Examples of fair wear and tear FW&T) include, but are not limited to, the following:

Equipment Fair Wear and Tear Standards

Safety Systems Any and all degradation/damage to safety systems.

Engine Components Any and all degradation/damage to all engine components including but not limited to serpentine belts, timing belts, suspension components, alternators, starters, and water pumps.

Undercarriage / Exhaust system Any and all damage/degradation to the undercarriage to include oil pans, mufflers and other components of the undercarriage and exhaust system.

Wheel / Tire / Tire Pressure Monitoring System (TPMS) Any and all damage/degradation to wheel, tire, and the

TPMS.

NTV Exterior

Dents/Dings equal to or less than 152.4 millimeters, (6 inches) up to 10 dents/dings. ** (Applies to entirety of vehicle excluding bumpers) ** Includes any removal/repair due to the application of decals.

Due to the austere environment, scratches will be evaluated on a case by case basis. Generally, scratches are considered fair wear and tear.

Any and all bumper damage.

Any and all damage to Running boards.

Vehicle Interior

Seat rips/tears equal to or less than 25.4 millimeters, (1 inch) up to 10 rips/tears. 10 rips/tears is considered to be part of normal duties/operation of vehicle. Any seat rips/tears on seams.

Soiled interiors with scratches on plastic components.

Any and all damage/degradation to seatbelts.

Damaged/degraded/missing tool kit for changing spare tire.

Missing ash trays, cigarette lighters or any other removable component to NTV.

Lights Any and all Light degradation/damage. Any light that has a burnt out bulb.

Brakes Any degradation to the brake system to include (but not limited to) brakes, pads, and rotors.

Windshield & Washing System Any and all Windshield degradation/damage to the windshield, windshield wipers, and/or washing system.

Defective Material Damage as a result of defective material.

2.2. ACRONYMS:

AOR Area Of Responsibility CENTCOM United States Central Command COR Contracting Officer Representative KO Contracting Officer OCONUS Outside the Contiguous United States PO Purchase Order POC Point of Contact SOW Statement of Work TAM U.S. Army Corps of Engineers Middle East District USACE U.S. Army Corps of Engineers USG U.S. Government

PART 3 – US GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. US Government Furnished Items and Services: Not Applicable

PART 4 – PURCHASE ORDER FURNISHED ITEMS AND SERVICES

4. Technical Requirements: The Contractor shall provide all labor, material, equipment, and supplies to successfully provide vehicles and fuel, as described in this SOW, upon receipt of a duly executed Contract. The Contractor shall act as the single point-of-contact (POC).

4.1 Contractor Points-of-Contact (POC): The Contractor shall provide the KO, within seven (7) days after award, a Contactor employee contact list with names, email addresses, and telephone numbers that shall be available during normal duty hours as stated in the PO. Normal duty hours shall be 0800 to 1630 hours, Sunday through Thursday.

The Contractor shall also provide the KO with emergency POC information for after normal duty hour emergencies.

The listing shall be updated as changes occur and sent to the KO via email no later than the close of the business day when the update was made.

4.2 General Employee Qualifications: The Contractor shall employ persons with the ability to fluently speak, read, write, and understand English to interact with USG personnel.

4.3 Purchase Order Conformance Statement: The Contractor shall provide a signed Letter of Conformance per this contract. The letter shall affirm that vehicles provided are in conformance with all applicable local laws, permits, registration, license, insurance, and all contract terms and conditions.

PART 5 - SPECIFIC TASKS

5.1 Ground Transportation (Vehicles): The Contractor shall supply a fleet of safe and operational vehicles, as required, and incidental services to provide operational vehicles. Items required to keep a vehicle operational is defined as stickers, if required; registration; comprehensive insurance to the full requirements of local law;

licensing; inspections; and whatever effort is required to provide safe and operational vehicles. The Contractor shall demonstrate consistent rapid response (Response within 2 hours, service within 18 hours when emergency services are required) and flexibility to provide the means of transport by the date(s) required in the awarded PO.

5.1.1 The Contractor-provided vehicles shall be invoiced on a monthly basis as indicated in the purchase order CLINS. Fuel, fines, tolls, and damages shall be invoiced concurrently with vehicles but shall be itemized separately from vehicle charges. All invoice for fuel, fines, tolls, and damages shall itemized with sufficient details to determine actual costs and reconcile with Government records. The Contractor is entitled only to actual costs related to fuel, fines, tolls, and damages. No additional Contractor imposed fees or costs will be considered for these lines.

All charges must be itemized in sufficient detail to ascertain the exact source of each charge. The Government shall review invoices in correlation to internal tracking procedures to verify the accuracy of all charges.

5.1.2 The Contractor shall provide vehicles free of limitations or surcharges on mileage or usage.

5.2 Vehicle Types: The Contractor-provided fleet of vehicles shall be in new or in like new condition (less than 20,000 kilometers) Model year 2018 or newer at the time of acceptance. Vehicles shall have all windows tinted in accordance with local laws. The Contracting Officers Representative (COR) will check Contractor-provided vehicles for acceptability before the vehicle is accepted as proposed in the quote. The Contractor shall ensure the vehicle is available for its intended use in a safe and operational condition.

5.2.1 The Contractor shall provide a replacement vehicle that is similar to the vehicle being exchanged, during periods of service, maintenance, and/or repair.

5.2.2 The Contractor-provided vehicles shall be of the following categories:

5.2.3 Mid-Size Sedan: General Services Administration (GSA) Class 9C. Equivalent examples include, but are not limited to: Ford Fusion, Kia Optima, Nissan Altima, Toyota Camry, Peugeot 508, Honda Accord, Chevrolet Malibu, and Hyundai Sonata. The vehicles shall have seating for at least five passengers, an automatic transmission, airbags and seatbelts, an AM/FM stereo and two keys and/or fobs that can unlock all four doors and the trunk and allow ignition operation. The engine shall have at least 150 horsepower.

5.2.4 Mid-Size SUV: GSA class 105A. Equivalent examples include, but are not limited to: Chevrolet Trailblazer, GMC Acadia, Jeep Grand Cherokee, Chevrolet Traverse, Ford Explorer, Toyota Land Cruiser Prado, Mitsubishi Montero Sport, Dodge Durango, Honda Pilot, Toyota Fortuner, Nissan Xterra, and Nissan Pathfinder. Vehicles shall have seating for at least five passengers, an automatic transmission, airbags and seatbelts, an AM/FM stereo, and two keys and/or fobs that can unlock all four doors and the back hatch and allow ignition operation. The engine shall have at least 220 horsepower.

5.2.5 Full-Size SUV: Class 105B as specified by GSA. Equivalent examples include, but are not limited to: Toyota Land Cruiser, Nissan Patrol, Nissan Armada, Chevrolet Tahoe, GMC Yukon, Cadillac Escalade, and Ford Expedition. Vehicles shall have seating for at least seven passengers, an automatic transmission, airbags and seatbelts, an AM/FM stereo and two keys and/or fobs that can unlock all four doors and the back hatch and allow ignition operation. The engine shall have at least 300 horsepower.

5.2.6 Full-Size Crew Cab Pickup 4X4: Class 55 as specified by GSA. Equivalent examples include, but are not limited to: Ram 1500, Chevrolet Silverado 1500, GMC Sierra 1500, Ford F-150, and Toyota Tundra. Vehicles shall have an automatic transmission, airbags and seatbelts, cargo bed, back-up camera, large rear cab, seating for at least five passengers, AM/FM stereo, and two keys and/or fobs that can unlock all four doors and allow ignition operation. The engine shall have at least 250 horsepower. Rear seating area shall be the largest available for that model. Extended cab, quad cab, or club cab pickup trucks are not an acceptable substitute. Vehicles shall be equipped with four wheel drive with a two speed transfer case and a selectable or automatic low range transmission.

At a minimum, the central transmission shall be lockable. Vehicles shall have a rugged suspension and the capability to drive over rough terrain not suitable for a regular sedan or SUV.

5.2.7 The Contractor-provided vehicles shall have the following additional characteristics:

• Off-road steel belted radial tires

• Fully automatic transmission

• Factory installed heating/cooling system

• Driver and passenger side view mirrors

• Seat belts

• Front driver and passenger air bags minimum

• Fire extinguisher

• Safety glass on all windows (Safety glass refers to the standard laminated glass safety features)

• Red Cross approved first aid kit

• Warning triangle

• Jumper cables

• Inflated standard spare tire

• 4-wheel anti-lock brakes

• Stereo with AM/FM radio

• Factory installed GPS and backing up camera.

• Fuel type shall be readily available for the Kuwait Area

5.2.8 FUEL CARDS – The Contractor shall provide one (1) fuel card for EACH vehicle to be used strictly for fuel at approved fuel stations within Kuwait. Fuel will be awarded on a pre-priced, estimated total cost line item.

Estimated total fuel charges for each year of service is $30,000.00. The Contractor must notify the Government if fuel charges for the respective contract year exceed 75% of total price ($22,500) with more than 90 days remaining on the contract year. The Contractor must also notify the Government of any unusual or suspect charges on any fuel card. Payment of fuel cards, while reimbursed by the Government once approved, is the responsibility of the Contractor. Any charges or fees due to failure of the contractor to pay in a timely manner will be the responsibility of the Contractor and will not be reimbursed by the Government.

5.2.10 Traffic fines and other traffic violations are the responsibility of the government driver. The Contractor shall inform the COR of any violations involving its vehicles within 2 months of being notified of the fine. The USG will coordinate settlement of any traffic fine notifications with government personnel. The award shall include up to $34,000 in total estimated damages, fines and tolls per contract year. The Contractor is entitled to invoice only actual costs associated with these items. The Contractor must notify the Government if actual costs exceed 75% of total price ($25,500) with more than 90 days remaining in the contract year.

5.2.6 The Contractor shall coordinate with the COR regarding delivery of all supplied vehicles. The contractor shall ensure that personnel responsible for collection of vehicles for maintenance and towing have access to Ali Al Salem Air Base, Camp Buehring, and Camp Arifjan. The Contractor shall deliver the vehicle early enough to be processed for acceptance and available on the date, time and location specified by the COR. The Contractor shall coordinate date, time and location of vehicle returns with the COR. The Contractor shall deliver vehicles that are clean both exterior and interior and free of rust, soil, dirt, and damage.

Final delivery will be within 40 Kilometers of the Kuwait City Limits, and will be determined upon award of the contract.

5.2.7 The Contractor shall replace all vehicles within the supply fleet that reach 80,000 kilometers (or less at Contractor’s discretion) with a similar vehicle at the contracted amount. Vehicles, including all engine parts, interior parts, and exterior parts, shall be in good working condition when delivered and during use by the US government personnel. The Contractor is responsible for replacing broken windshields and flat tires regardless of fault at no additional cost to the Government. Tires shall be new and/or at least 90% of tread life remaining and tire replacement shall be in accordance with the manufacturer’s recommended mileage and per operating conditions in Kuwait.

5.2.8 The Contractor and the COR or other designated government representative shall perform a joint inspection prior to accepting a vehicle from the Contractor and prior to the Contractor accepting the vehicle from the Government. Any damage shall be documented by photographs and in writing and shall include the date of the inspection and signatures of the individuals performing the inspection. The report shall be submitted to the COR and KO within 10 calendar days after the inspection. The COR shall maintain records of contractor-provided vehicles to the Government to include the vehicle identification number. Vehicles that are replaced and/or loaned to the U.S. Government for any reason will be recorded on the vehicle report. The COR shall provide the Contractor a copy of the vehicle report on a monthly basis.

5.2.9 The Contractor shall provide vehicle breakdown/recovery service 24 hours a day 7 days a week throughout Kuwait, when vehicle is determined to be in an inoperable status, as part of the monthly price per vehicle.

5.2.10 The Contractor shall coordinate directly with the COR to resolve complaints and disputes that occur with contractor-provided vehicles. If a complaint cannot be resolved to the satisfaction of both parties, the KO shall be notified within 15 calendar days for resolution.

INVOICES:

In accordance with FAR 52.212-4, Contract Terms and Conditions- Commercial Items (June 2010), Invoice. (1) The Contractor shall submit an original electronically to the individual designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

INVOICES SHALL BE SENT VIA EMAIL TO USACE TAA POINTS OF CONTACT LISTED BELOW:

The Contractor shall submit invoices, Government Bill of Lading, DD250 Material Inspection and Receiving Report, and Certificate of Conformance to the Contracting Officer, Contract Specialist and Contracting Officer’s Representative at:

Contracting Officer:

TBD at time of award

Contract Specialist:

TBD at time of award

Contracting Officer’s Representative:

TBD at time of award

FINAL INVOICES REQUIRE A SIGNED RELASE OF CLAIMS IN ADDITION TO THE ABOVE

REQUIRED INVOICING DOCUMENTS.

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.204-7 System for Award Management OCT 2018 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2020

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

JUN 2020

52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2020 52.222-50 Combating Trafficking in Persons OCT 2020 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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 the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(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 (DEC

2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has 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”.

https://www.sam.gov/

(c) Representation. 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.

52.208-4 VEHICLE LEASE PAYMENTS (APR 1984)

(a) Upon the submission of proper invoices or vouchers, the Government shall pay rent for each vehicle at the rate(s) specified in this contract.

(b) Rent shall accrue from the beginning of this contract, or from the date each vehicle is delivered to the Government, whichever is later, and shall continue until the expiration of the contract term or the termination of this contract. However, rent shall accrue only for the period that each vehicle is in the possession of the Government.

(c) Rent shall not accrue for any vehicle that the Contracting Officer determines does not comply with the Condition of Leased Vehicles clause of this contract or otherwise does not comply with the requirements of this contract, until the vehicle is replaced or the defects are corrected.

(d) Rent shall not accrue for any vehicle during any period when the vehicle is unavailable or unusable as a result of the Contractor's failure to render services for the operation and maintenance of the vehicle as prescribed by this contract.

(e) Rent stated in monthly terms shall be prorated on the basis of 1/30th of the monthly rate for each day the vehicle is in the Government's possession. If this contract contains a mileage provision, the Government shall pay rent as provided in the Schedule.

52.208-5 CONDITION OF LEASED VEHICLES (APR 1984)

Each vehicle furnished under this contract shall be of good quality and in safe operating condition, and shall comply with the Federal Motor Vehicle Safety Standards (49 CFR 571) and State safety regulations applicable to the vehicle. The Government shall accept or reject the vehicles 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) Terminate the contract under the Default clause of this contract.

(End of clause)

52.208-6 MARKING OF LEASED VEHICLES (APR 1984)

(a) The Government may place nonpermanent markings or decals, identifying the using agency, on each side, and on the front and rear bumpers, of any motor vehicle leased under this contract. The Government shall use markings or decals that are removable without damage to the vehicle.

(b) 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 the Contractor.

(End of clause)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2020)

(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 which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(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 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 subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items 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 specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(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, https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm 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 items, the make and model of the item 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 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…