Attachment_1_Clauses-Provisions.pdf

Attachment 1: Provision/Clauses

The following FAR provisions and clauses are applicable to this solicitation:

FAR 52.212-1, Instructions to Offerors – Commercial Items.

FAR 52.212-3, Offeror Representations and Certifications – Commercial Items FAR 52.212-4, Contract Terms and Conditions – Commercial Items FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes Or Executive Orders – Commercial Items

FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (Sept 2006). With Alternate I (Oct 1995) FAR 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards FAR 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended or Proposed for Debarment FAR 52.219-28, Post Award Small Business Program Representation FAR 52.222-3, Convict Labor FAR 52.222-19, Child Labor-Cooperation with Authorities and Remedies FAR 52.222-21, Prohibition of Segregated Facilities FAR 52.222-26, Equal Opportunity FAR 52.222-35, Equal Opportunity for Veterans FAR 52.222-36, Equal Opportunity for Workers with Disabilities FAR 52.222-50, Combating Trafficking in Persons FAR 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving FAR 52.225-13, Restrictions on Certain Foreign Purchases FAR 52.232-33, Payment by Electronic Funds Transfer-System for Award Management

52.204-07 SYSTEM FOR AWARD MANAGEMENT

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE

52.207-04 ECONOMIC PURCHASE QUANTITY - SUPPLIES

52.211-17 DELIVERY OF EXCESS QUANTITIES

52.225-19 CONTRACTOR PERSONNEL IN DESIGNATED OPERATION AREA OR SUPPORTING

A DIPLOMATIC OR CONSULAR MISSION OUTSIDE THE UNITED STATES

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN

ACTIVITIES OR TRANSACTIONS RELATING TO IRAN—REPRESENTATION AND

CERTIFICATION (OCT 2015)

52.233-01 DISPUTES

52.242-17 GOVERNMENT DELAY OF WORK

52.247-34 F.O.B. DESTINATION

52.252-01 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

52.252-02 CLAUSES INCORPORATED BY REFERENCE

52.253-01 COMPUTER GENERATED FORMS

52.225-17 -- Evaluation of Foreign Currency Offers

Evaluation of Foreign Currency Offers (Feb 2000)

If the Government receives offers in more than one currency, the Government will evaluate offers by converting the foreign currency to United States currency using THE FEDERAL RESERVE [https://www.federalreserve.gov/Releases/H10/current/] in effect as follows:

(a) For acquisitions conducted using sealed bidding procedures, on the date of bid opening.

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(b) For acquisitions conducted using negotiation procedures--

(1) On the date specified for receipt of offers, if award is based on initial offers;

otherwise

(2) On the date specified for receipt of proposal revisions.

(End of provision)

The following DFARS provisions and clauses are applicable to this solicitation:

252.212-7001, Contract Terms and Conditions Required to Implement Statues or Executive Orders applicable to Defense Acquisition of Commercial Items 252.203-7000, Requirements Relating to Compensation of Former DoD Officials

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS

252.203-7997 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN

INTERNAL CONFIDENTIALITY AGREEMENTS

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT

252.204-7004 ALTERNATE A, SYSTEM FOR AWRD MANAGEMENT

252.204-7012 Safeguarding of Unclassified Controlled Technical Information

252.222-7002 COMPLIANCE WITH LOCAL LABOR LAWS (OVERSEAS)

252.222-7007 REPRESENTATION REGARDING COMBATING TRAFFICKING IN PERSONS

252.225-7005 IDENTIFICATION OF EXPENDITURES IN THE UNITED STATES

252.225-7036 BUY AMERICAN-FREE TRADE AGREEMENTS-BALANCE OF PAYMENTS

PROGRAM-BASIC (DEC 2016)

252.225-7041 CORRESPONDENCE IN ENGLISH

252.225-7042 AUTHORIZATION TO PERFORM

252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS

OUTSIDE THE UNITED STATES

252.225-7048 EXPORT CONTROLLED ITEMS

252.229-7001 TAX RELIEF

252.232-7003, Electronic Submission of Payment Request and Receiving Reports

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS

252.232-7008 ASSIGNMENT OF CLAIMS (OVERSEAS)

252.232-7010 LEVIES ON CONTRACT PAYMENTS

252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT

252.247-7023, Transportation of Supplies by Sea

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA ALT I

252.229-7003 TAX EXEMPTIONS (ITALY) (MAR 2012)

(a) As the Contractor represented in its offer, the contract price, including the prices in subcontracts awarded under this contract, does not include taxes from which the United States Government is exempt.

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(b) The United States Government is exempt from payment of Imposta Valore Aggiunto (IVA) tax in accordance with Article 72 of the IVA implementing decree on all supplies and services sold to United States Military Commands in Italy.

(1) The Contractor shall include the following information on invoices submitted to the United States Government:

(i) The contract number.

(ii) The IVA tax exemption claimed pursuant to Article 72 of Decree Law 633, dated October 26, 1972.

(iii) The following fiscal code(s): [Contracting Officer must insert the applicable fiscal code(s) for military activities within Italy: 80028250241 for Army, 80156020630 for Navy, or 91000190933 for Air Force].

(2)(i) Upon receipt of the invoice, the paying office will include the following certification on one copy of the invoice:

“I certify that this invoice is true and correct and reflects expenditures made in Italy for the Common Defense by the United States Government pursuant to international agreements. The amount to be paid does not include the IVA tax, because this transaction is not subject to the tax in accordance with Article 72 of Decree Law 633, dated October 26, 1972.”

An authorized United States Government official will sign the copy of the invoice containing this certification.

(ii) The paying office will return the certified copy together with payment to the Contractor. The payment will not include the amount of the IVA tax.

(iii) The Contractor shall retain the certified copy to substantiate non-payment of the IVA tax.

(3) The Contractor may address questions regarding the IVA tax to the Ministry of Finance, IVA Office, Rome (06) 520741.

(c) In addition to the IVA tax, purchases by the United States Forces in Italy are exempt from the following taxes:

(1) Imposta di Fabbricazione (Production Tax for Petroleum Products).

(2) Imposta di Consumo (Consumption Tax for Electrical Power).

(3) Dazi Doganali (Customs Duties).

(4) Tassa di Sbarco e d’Imbarco sulle Merci Transportate per Via Aerea e per Via Maritima (Port Fees).

(5) Tassa de Circolazione sui Veicoli (Vehicle Circulation Tax).

(6) Imposta di Registro (Registration Tax).

(7) Imposta di Bollo (Stamp Tax).

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(End of clause)

252.229-7012 TAX EXEMPTIONS (ITALY)—REPRESENTATION (MAR 2012)

(a) Exemptions. The United States Government is exempt from payment of—

(1) Imposta Valore Aggiunto (IVA) tax in accordance with Article 72 of the IVA implementing decree on all supplies and services sold to United States Military Commands in Italy; and

(2) The other taxes specified in paragraph (c) of the clause DFARS 252.229- 7003, Tax Exemptions (Italy).

(b) Representation. By submission of its offer, the offeror represents that the offered price, including the prices of subcontracts to be awarded under the contract, does not include the taxes identified herein, or any other taxes from which the United States Government is exempt.

(End of provision)

The following DLAD provisions and clauses are applicable to this solicitation:

52.211-9000 GOVERNMENT SURPLUS MATERIAL

52.211-9023 SUBSTITUTION OF ITEM AFTER AWARD

52.246-9039 REMOVAL OF GOVERNMENT IDENTIFICATION FROM NON-ACCEPTED

SUPPLIES

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