SOLICITATION W912PB20Q3164 Vegetation Control Railroad Services.pdf

SEE ADDENDUM

(No Collect Calls)

W912PB20Q3164 14-Oct-2020

b. TELEPHONE NUMBER

SEE POC PAGE

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 12 Nov 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.

W912PB9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

DONNA.L.SPENCE

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

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

0011527696

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

RCO BAVARIA

AMERIKANISCHE BESCHAFFUNGSSTELLE

GEB 542

92655 GRAFENWOEHR LAGER

GERMANY

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 WK4FRD 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

W6FHAA

5843 A BISMARK KASERNE

91522 ANSBACH - KATTERBACH

GERMANY

TEL: FAX:

FAX:

TEL: SEE NAME OF POC

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

488210

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)

PAGE 2 OF65

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.

W912PB20Q3164

Section SF 1449 - CONTINUATION SHEET

SOLICITATION / AWARD INFORMATION AND INSTRUCTION

General Information:

Regional Contracting Office POC:

Contract Specialist: Donna Spence

COMM: (+49) 09641-70-526-8706

DSN: 314-526-8706

E-mail: donna.l.spence2.civ@mail.mil

Customer POC: To be added at time of award.

Short Description of Requirement:This is a non-personal services contract to provide inspection and vegetation control including basic services on railroads and infrastructure located in U.S. Army Garrison

Ansbach at Katterbach- Katterbach Kaserne, Illesheim-Storck Barracks.

PERIOD OF PERFORMANCE:

The PoP shown herein is tentative. The Government will try to make an award before that date, however, should an award be made after that date, there will be an administrative change on the contractual document and the award must be signed/accepted by the contractor.

In the event of a disagreement between the English text and the courtesy translation of this specification the English text shall govern.

Im Falle einer Unstimmigkeit zwischen dem englischen Text der Leistungsbeschreibung und der

Gefälligkeitsübersetzung ist der englische Text maßgebend.

AM AND WAWF REGISTRATION INSTRUCTIONS

1. SAM BACKGROUND

The System for Award Management (SAM) is a computer system accessed by the Internet managed by the U.S. Government.

Entities must have an active registration in SAM to do business with the U.S. Government. An “entity” is the company, business, or organization registering in SAM. Each entity is represented by a nine-digit unique entity identifier, the Data Universal

Numbering System (DUNS) Number as issued by Dun & Bradstreet.

Only individuals who are authorized to represent a particular entity, or individuals representing themselves as an entity, may register an entity in SAM. Accessing or using SAM, or information contained therein, for any unauthorized or illegal purposes, may have civil and criminal penalties, and may negatively impact the status of the SAM registration maintained for the entity.

In order to register, contractors must have a valid Data Universal Numbering System (DUNS) number and a Contractor and

Government Entity (CAGE) code.

A DUNS number, a nine-digit number assigned by BISNODE (in Germany) and DUN and Bradstreet outside of Germany to an establishment, is the Contractor Identification Number for Federal contractors.

Foreign vendors can obtain the DUNS number from: https://www.bisnode.de/produkte/dun-bradstreet/dnb-duns-nummer/dnb-duns-nummer-bestellen/

- US vendors can obtain the DUNS number from: http://fedgov.dnb.com/webform

A CAGE Code is a five (5) position unique identifier for entities doing or wishing to do business with the Federal Government.

The format and character position of the code vary based on country.

mailto:donna.l.spence2.civ@mail.mil https://www.bisnode.de/produkte/dun-bradstreet/dnb-duns-nummer/dnb-duns-nummer-bestellen/ https://www.bisnode.de/produkte/dun-bradstreet/dnb-duns-nummer/dnb-duns-nummer-bestellen/ http://fedgov.dnb.com/webform

German vendors can obtain their CAGE code by mailing to: ncbge-ncage@bundeswehr.org or logkdobwncbge@bundeswehr.org

POC: Mr. Mueller Tel.: 02241-991643

All other foreign vendors can obtain their CAGE codes by reviewing the web site https://www.nato.int/structur/AC/135/main/links/contacts.htm

CAGE codes may also be requested online at: https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx

US vendors can obtain the CAGE code from: http://www.dlis.dla.mil/cage_welcome.asp

2. HOW TO REGISTER IN SAM

Go to the SAM homepage at https://www.sam.gov

Click on “Create an Account”

Provide all mandatory information and any applicable optional information.

Non-US companies shall NOT incorporate any TIN numbers or banking data as they are applicable for the US banking system only.

Instructions for International Entity - No U.S. Banking Information Required

Use the following letter template to formally appoint an Entity Administrator for a single international entity only if your entity does not use banking information from a U.S. financial institution in your SAM entity registration. Upon filling out all the required information, print the letter on your entity’s letterhead. In the event there is no letterhead available, enter your entity’s legal business name and physical address at the top of the letter before printing. Ensure the signee of the letter is a representative with signatory authority, i.e. someone who can make commitments on behalf of the entity like an executive, officer, partner, or other authorized representative.

To expedite the approval process, submit a scanned copy to the Federal Service Desk by creating a service ticket at https://www.fsd.gov/fsd-gov/account-creation.do. The scanned letter can be submitted via “submit a question”. The account registration can be activated with an approved, scanned copy of the letter on file, therefore, a mail copy of the letter may not be required. Mailed copies are to be sent to the following address:

FEDERAL SERVICE DESK

ATTN: SAM.GOV REGISTRATION PROCESSING

460 INDUSTRIAL BLVD

LONDON, KY 40741-7285

UNITED STATES OF AMERICA

///////////////////////////////////////////////////////////////////////////SAMPLE LETTER ///////////////////////////////////////////////////////////////////////////////

[Insert Date]

TO:

FEDERAL SERVICE DESK

ATTN: SAM.GOV REGISTRATION PROCESSING

460 INDUSTRIAL BLVD

LONDON, KY 40741-7285

UNITED STATES OF AMERICA

SUBJECT: Information Required to Activate SAM Entity Registration

Purpose of Letter

The purpose of this letter is to formally appoint an Entity Administrator for each named Entity and to attest to the accuracy of the information contained in the entity registration.

mailto:ncbge-ncage@bundeswehr.org mailto:logkdobwncbge@bundeswehr.org https://www.nato.int/structur/AC/135/main/links/contacts.htm https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx http://www.dlis.dla.mil/cage_welcome.asp https://www.sam.gov/ https://www.fsd.gov/fsd-gov/account-creation.do

Designation of Entity Administrator

I, [Insert Name and Title of Signatory], the below signed individual, hereby confirm that the appointed Entity Administrator is an authorized officer, agent, or representative of the Entity. This letter authorizes the appointed Entity Administrator to manage the Entity's registration record, its associated users, and their roles to the Entity, in the System for Award Management (SAM).

Entity Covered by this Letter

DUNS Number:______________________________________

Legal Business Name:________________________________

Physical Address:____________________________________

Entity Administrator Contact Information

Full Name:________________________________________

Phone Number:____________________________________

Email Address:____________________________________

*The Entity Administrator must have an individual user account in SAM associated with the email address listed.

Account Administration Preference (ONLY CHOOSE ONE)

You must choose ONE of the two following statements by checking the applicable box.

Remember, there is no cost to register in SAM -- it is free. However, if you choose to have a third-party agent administer your

SAM registration, with or without an associated fee, you must check the Third-Party Agent Designation box below.

☐ Self-Administration Confirmation

For the purpose of registering with the United States Government through the online System for Award Management (SAM), I do not authorize any third party to act on behalf of the Entity listed above. I have checked the Self-Administration Confirmation box to indicate that the designated Entity Administrator is not a third-party agent.

☐ Third-Party Agent Designation

For the purpose of registering with the United States Government through the online System for Award Management (SAM), I do hereby authorize [insert full name, phone number, address, and email address of the Third-Party Agent] (Designated

Third-Party Agent) to act on behalf of the Entity listed above. This authorization permits the Designated Third-Party Agent to conduct all normal, common business functions within SAM while binding the signatory to all actions conducted and representations made as a result of authorization granted herein. I have checked the Third-Party Agent Designation box and completed the above information to indicate that the designated Entity Administrator is a third-party agent.

Attestation

I, the below-signed, attest to the following: 1) all information contained in this letter is complete and accurate. 2) the designated

Entity Administrator listed above has an individual SAM User Accounts created with the email address provided in this letter.

Respectfully, [Insert Full Name of Signatory]

[Insert Title of Signatory, e.g. Director of Contracting, Managing Partner, Vice President for Research, etc.]

[Insert Email of Signatory]

[Insert Entity Legal Business Name]

[Insert Entity Physical Address]

///////////////////////////////////////////////////////////////////////////END OF LETTER ///////////////////////////////////////////////////////////////////////////////

Please ensure that SAM registration status is “SUBMITTED”. A “submitted” status means the registration is complete and the data will be validated prior to becoming “active”. If a status is “WORK IN PROGRESS”, the registration has not been fully completed.

For questions about the registration, if you are registering for Contracts with RCO Bavaria (Grafenwoehr), please contact Ms.

Schmalzreich, Yvonne.V.Schmalzreich.LN@mail.mil or Mr. Neumann, Klaus.Neumann.LN@mail.mil. Companies trying to register for other Contracting Areas shall contact the POC shown on the respective solicitation. - or click on SAM HELP.

Registration is only valid for one year. Several weeks before expiration, you will be notified by SAM in order to renew/update your registration.

SPECIAL ATTENTION is made to FAR provision 52.204-7, incorporated in this Solicitation:

According to this clause, an offeror must be SAM registered when SUBMITTING an offer or quotation. Offers or quotations where the offeror is not registered will be rejected.

3. WIDE AREA WORKFLOW (WAWF) BACKGROUND

WAWF (as part of PIEE – Procurement Integrated Enterprise Environment) is a convenient online solution that allows vendors to electronically submit invoices and receiving reports; allows the Government to perform inspection and acceptance of goods and services, and interfaces with payment systems to receive transactions electronically. With WAWF, Vendors Company can:

Submit invoices and receiving reports real-time, directly via the Internet, or by using File Transfer Protocol or Direct

Electronic Data Interchange.

Be paid in a timelier fashion due to the reduction of lost or misplaced documents, and quicker document routing.

Have total visibility of document status.

Receive system-generated e-mails advising you of action taken by the government inspection and acceptance officials, or if an invoice is rejected.

4. HOW TO REGISTER IN WAWF

All vendors shall register in WAWF in order to process invoices electronically. In order to register as a Vendor in WAWF, the

Cage Code must be loaded and activated first. The Cage Code is listed on page 1 of the contract or must be already available if

SAM registration has been made. Please don’t forget that the SAM Registration is only valid for one year and must be renewed annually.

The Electronic Business POC (EB POC) is listed in SAM.

The Vendor needs to either call the OGDEN Help Desk Commercial: 001-801-605-7095 or send via email to:

disa.ogden.esd.mbx.cscassig@mail.mil

Telephone requests will be activated online. Email requests will be processed within 48 hours after receipt. Please use the following template to email requests to WAWF customer support and fill in missing information with your company information.

To: disa.ogden.esd.mbx.cscassig@mail.mil

Subject: WAWF Cage Code Activation.

Ogden support: Please activate the following CAGE CODE in WAWF.

Cage Code:

EB POC's Name:

EB POC's email:

EB POC's Phone Number

After cage code is activated in WAWF, you must register as a Group Administrator (GAM), the Vendor Role to process invoices will be added by the help desk (for GAM’s only). The Group Administrator administered and activate/deactivate the Vendor

WAWF user accounts. If the GAM is not the EBPOC, an Appointment Memo needs to be prepared, signed by the EBPOC and attached to the online registration.

Registration website: https://wawf.eb.mil/

Online training is available at: https://wawftraining.eb.mil

NOTE:

Before you submit your invoices via WAWF, please make sure, that the COR/POC is registered and activated in WAWF, otherwise your invoice will not be paid.

5. HOW TO REGISTER AS VENDOR GROUP ADMINISTRATOR

First Name* Hans

Last Name* Mustermann

Commercial Telephone* 011 -49 – 9123 – 45678

Organization* Hans Mustermann GmbH

E-mail Address* hans.mustermann@mustermann.de

Confirm E-mail Address* hans.mustermann@mustermann.de

Title* (Director)

Verify the information is accurate and click on continue.

Logon Method* (click on User ID and Password)

User ID* hansmustermann (self created) -- click on continue

User Profile click on edit and fill out all mandatory fields

User Authentication click on edit and assign your USER ID and password

User Security questions click on edit and choose your questions and answers

Administrative user roles click on add and select Group Administrator – Group name is your CAGE code – click on save

NOTE: (*) indicates mandatory field. It is mandatory for all vendors to have a Group Administrator (GAM) to provide user activation and maintenance for your company!! Instructions for the vendors are under box “New User?” click on “Vendor – Getting

Started Help” and “Step 6: Designate a Group Administrator (GAM) for your company. (Mandatory step – there must be a GAM registered).”

Verify the information is accurate (if not, click on edit and change) and click register.

The Ogden Help Desk will activate the account and an email notification will be send. After activation the GAM is able to approve all other WAWF registrations from your company.

6. HOW TO REGISTER AS VENDOR USER ROLE

Registration process is the same as for the GAM, but instead of the Administrative user role - the Vendor User Role needs to be selected. The registration of the User role is for processing of invoices.

Vendor user Roles click on add and select Vendor – Location Code is your CAGE code – click save -- click on add again and select Vendor View Only – Location Cade is your CAGE code – click save

Verify the information is accurate (if not, click on edit and change) and click register.

NOTE: The Group Administrator will receive an email that a new user registered. Account can be activated by the GAM.

NOTE:

German Version of the Registration Instructions can be requested from the Contract

Specialist shown herein.

Eine deutsche Version der Registrierungsinstruktionen kann von dem

Vertragssachbearbeiter angefordert werden.

IMPORTANT NOTE:

Please see further instructions to offerors in the ADDENDA section of this document.

mailto:hans.mustermann@mustermann.de

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Railroad Tracks Maintenance (Base Year)

FFP

Maintenance and Vegetation Control for Railroad Infrastructure and Facilities in

Ansbach IAW the attached Performance Work Statement (PWS).

FOB: Destination

PURCHASE REQUEST NUMBER: 0011527696

PSC CD: Z1LB

NET AMT

1001 1 Job OPTION Railroad Tracks Maintenance (1st Option)

FFP

Maintenance and Vegetation Control for Railroad Infrastructure and Facilities in

Ansbach IAW the attached Performance Work Statement (PWS).

FOB: Destination

2001 1 Job OPTION Railroad Tracks Maintenance (2nd Option)

FFP

Maintenance and Vegetation Control for Railroad Infrastructure and Facilities in

Ansbach IAW the attached Performance Work Statement (PWS).

FOB: Destination

3001 1 Job OPTION Railroad Tracks Maintenance (3rd Option)

FFP

Maintenance and Vegetation Control for Railroad Infrastructure and Facilities in

Ansbach IAW the attached Performance Work Statement (PWS).

FOB: Destination

4001 1 Job OPTION Railroad Tracks Maintenance (4th Option)

FFP

Maintenance and Vegetation Control for Railroad Infrastructure and Facilities in

Ansbach IAW the attached Performance Work Statement (PWS).

FOB: Destination

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-DEC-2020 TO

30-NOV-2021

N/A W6FHAA

5843 A BISMARK KASERNE

91522 ANSBACH - KATTERBACH

GERMANY

FOB: Destination

WK4FRD

1001 POP 01-DEC-2021 TO

30-NOV-2022

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-DEC-2022 TO

30-NOV-2023

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-DEC-2023 TO

30-NOV-2024

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-DEC-2024 TO

30-NOV-2025

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

52.204-7 System for Award Management OCT 2018

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.222-56 Certification Regarding Trafficking in Persons Compliance

Plan.

MAR 2015

52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014

52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984

52.232-18 Availability Of Funds APR 1984

52.232-37 Multiple Payment Arrangements MAY 1999

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.237-1 Site Visit APR 1984

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

DEC 2019

252.215-7008 Only One Offer JUL 2019

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

252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business

Concerns

APR 2019

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7008 Assignment of Claims (Overseas) JUN 1997

252.232-7010 Levies on Contract Payments DEC 2006

252.233-7001 Choice of Law (Overseas) JUN 1997

252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.246-7008 Sources of Electronic Parts MAY 2018

252.247-7023 Transportation of Supplies by Sea FEB 2019

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”.

(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.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian

Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a

Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having 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).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than

$10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the

Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

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).

https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ 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, 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 Government, price and other factors considered. The following factors shall be used to evaluate offers:

https://assist.dla.mil/wizard/index.cfm http://www.sam.gov/

1. Technical

2. Past Performance

3. Price

Award will be made on the basis of the lowest evaluated price of offers meeting the acceptability standards for non-price factors.

Factor 1: Technical

The Technical rating will be based on an “Acceptable” / “Unacceptable” basis. The following definitions will be used in evaluating the offeror’s offer against the technical requirement.

Rating Description

Acceptable Offer clearly meets the minimum requirements of the solicitation.

Unacceptable Offer does not clearly meet the minimum requirements of the solicitation.

Subfactor 1: Certification

a. The Offeror’s proposal shall include a required certification qualification as directed in VDV 754 Richtlinie ueber die Befaehigung von Mitarbeitern im Eisenbahnbetrieb for the necessary work and inspections. Valid

Certification therefore will be provided with the submission of the proposal IAW para 2.4.4.3.1 of the PWS.

Subfactor 2: Experience

a. The Offeror’s proposal shall provide evidence of a minimum experience of three(3) years in the respective field of performing inspection and vegetation control on railroads and railroad facilities IAW para 2.4.4.3.1 of the PWS.

The technical factor is met when the Offeror’s proposal clearly demonstrates evidence of the full capability for executing the PWS requirements and meeting the two subfactors above.

Factor 2: Past Performance

The Past Performance rating will be based on an “Acceptable” / “Unacceptable” basis. The following definitions will be used in evaluating the degree the offeror will satisfactorily provide the required services based on past and current performance records. An Acceptable or Unacceptable rating will be determined as follows:

Rating Description

Acceptable Based on the offeror’s performance record, the

Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See note below.)

Unacceptable Based on the offeror’s performance record, the

Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

The contractor will provide no more than three (3)records for a proper evaluation.

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

a. Past Performance Information: The information presented in the Past Performance References and information obtained from other available sources other than those identified by the Offeror (such as past performance information obtained from Federal, State and local Government agencies, better business bureaus, published media, and electronic data bases available to the Government) will be the basis for evaluation of this factor.

b. Past Performance Evaluation: The Government will consider the offeror’s previous and current record of contractual performance. The Government assessment will focus on recent contracts that are relevant to the effort required by this solicitation. Recent is defined for this action to be contracts that were performed within the last three (3) calendar years from the issuance date of the Request for Quotes (RFQ). Relevant contracts include individual contracts that are similar, in whole, to this solicitation, including contracts performed by a teaming partner or subcontractor.

c. The Government may reject a offer if it is found that any information that has a negative impact on the offeror’s past performance record has been deleted, misrepresented, or withheld.

d. It is at the Government’s discretion to determine whether past performance information furnished is or is not…