SPE5B117Q0012.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 0069540722

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE5B1-17-Q-0012

5. SOLICITATION NUMBER

2017 SEP 01

6. SOLICITATION ISSUE

DATE

Christine Hofaecker DCH0006

a. NAME

Phone: DSN-314-581-2

b. TELEPHONE NUMBER (No Collect calls)

2017 SEP 15

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE5B1

DLA TROOP SUPPORT EUR&AF

MANNHEIMER STRASSE 218/219

D-D-67657 KAISERSLAUTERN

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

541519NAICS:

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

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

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE 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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

33PAGE 1 OF

03:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:RECEIVED INSPECTED

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

CONTINUED ON NEXT PAGE

ADDENDUM TO FAR 52.212-1, INSTRUCTIONS TO THE OFFRORS – COMMERCIAL ITEMS.

GENERAL INSTRUCTIONS:

1. The point of contact for this solicitation is Ms. Christine Hofaecker-Harsdorf, Contract Specialist, Phone: +49-(0) 631-411-2154; E-mail: christine.hofaecker.DEU@dla.mil

2. All questions must be received no later than 6 September 2017 at 1500 (CET). All questions shall be submitted via e-mail to: christine.hofaecker@dla.mil, Contract Specialist; cc: jacqueline.verrine@dla.mil, Contracting Officer.

QUOTE PREPARATION INSTRUCTIONS:

1. Technical Capability. Quoters shall address each of the Technical Capability subfactors:

a. Qualifications: Quoters are advised that DFARS 252.222-7002, Compliance with Local Labor Laws (Overseas)(JUN 1997), applies to the solicitation and any resultant contract. The quoter shall demonstrate that it has the necessary facilities, resources, contacts, etc., to perform at the specified locations within the required timeframe. Quoters shall also provide a valid copy of their business registration.

b. Key Personnel: Quoters shall provide a list of the key personnel that will perform the work along with supporting documentation that demonstrates the qualifications for each individual. In the event of contract award, changes in key personnel need to be approved by the Government.

2. Past Performance. Quoters shall provide recent and relevant past performance in providing the services outlined in the Statement of Work (SOW). Recent past performance must be work performed for a duration of at least one (1) year of continuous performance within the last five (5) years of the solicitation issue date.

Relevant past performance is work performed for “same or similar” services based on size, scope, complexity, and contract type.

a. Quoters shall provide the following information for each Past Performance submission:

-Title of the contract/project. -Description of work completed.

-Name of Organization/Requiring Activity and a Point of Contact (POC).

-Length of contract/project (year/month/date – year/month/date).

-Dollar value of contract/project.

-Complete name, e-mail and phone number of POC at the Organization/Requiring Activity.

b. The Government may send a Past Performance Questionnaire to the POC for each relevant contract.

3. Price. For standardized price comparison, quotes shall be submitted using the attached OPTIONAL FORM 336 (OF336 - ALL.pdf). Quoters shall submit complete pricing for the base and option year periods of performance identified below:

Basic Year: 25 September 2017 through 24 September 2018 Option Year 1: 25 September 2018 through 24 September 2019 Option Year 2: 25 September 2019 through 24 September 2020

a. Quote shall specify whether price is quoted in US Dollars (USD) or local currency (Euro).

b. Any escalation in option year pricing shall be identified.

QUOTE SUBMISSION INSTRUCTIONS:

1. Quotes must be received no later than the closing date and time specified in Block 8 of the solicitation.

Quoters shall submit signed, dated quotes to the following addresses: christine.hofaecker.DEU@dla.mil, AND jacqueline.verrine@dla.mil. Quotes shall be submitted via e-mail and ONLY electronic submissions will considered. Electronic files should not exceed 5MB. Confirmation of submittal prior to the RFQ closing date and time is quoter’s responsibility. Late quotes may not be considered for award.

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SPE5B1-17-Q-0012

2. The quote shall include the name(s), telephone numbers, and e-mail addresses of the person(s) authorized to conduct discussions/negotiations and to financially bind the company.

3. Quoters shall submit a signed first page of the solicitation (SF1449) and each amendment (SF30), if any.

(End of Addendum to FAR 52.212-1)

ADDENDUM TO FAR 52.212-2, EVALUATION – COMMERCIAL ITEMS.

This addendum is provided in lieu of FAR Clause 52.212-2. The Government anticipates award of a firm-fixed-priced contract. Award will be made using the Lowest Price Technically Acceptable source selection process defined in FAR 15.101-2.

The Government intends to award without discussions. However, the Government reserves the right to conduct discussions if determined necessary. Therefore, quoters are advised that quotes submitted should include best and final pricing.

All non-price factors shall be evaluated on an acceptable/unacceptable basis. In order to be considered for award, there must be an “acceptable” rating in every non-price factor/subfactor. In other words, a rating of “unacceptable” for any factor or subfactor will result in an overall rating of “unacceptable” and the quoter will be ineligible for award. The following ratings shall be used to evaluate quotes:

Factor I – TECHNICAL CAPABILITY:

Technical Capability Ratings Acceptable: Quote meets the requirements of the solicitation.

Unacceptable: Quote does not meet the requirements of the solicitation.

FACTOR II - PAST PERFORMANCE:

Past Performance Ratings Acceptable: Based on the Quoter’s performance record, the Government has a reasonable expectation that the Quoter will successfully perform the required effort, or the Quoter’s performance record is unknown (See note below).

Unacceptable: Based on the Quoter’s performance record, the Government has no reasonable expectation that the Quoter will be able to successfully perform the required effort.

NOTE: Quoters are authorized to provide information on any problems encountered on the identified contracts as well as any corrective action taken. The Government may obtain past performance information from sources other than the references provided. In the case of an quoter 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 quoter may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a)(2)(iv)). Therefore, the quoter shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered “acceptable.”

FACTOR III – PRICE: Price does not receive an adjectival rating. The Government will evaluate each price using various techniques found in FAR 15.404-1 to determine that the price quoted is fair and reasonable.

a. Unrealistically Low Prices: Prices quoted may be reviewed to determine whether they reflect a lack of technical understanding of the requirements and to assess the inherent risk in accepting an unrealistic quoted price. Unrealistically low quoted prices, initially or subsequently, may be grounds for rejection for this solicitation.

b. Option to Extend the Term of the Contract: As part of the price evaluation, the Government will evaluate its option to extend the term of the contract (see FAR Clause 52.217-5 and 52.217-9).

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(End of Addendum to 52.212-2)

52.212-04 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (JAN 2017) FAR

Beginning with paragraph (t), 52.212-4 is amended as indicated below:

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the SAM database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the

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contract.

(End of Clause)

The following Clause is incorporated by reference:

52.217-05 Evaluation of Options

PLEASE NOTE: In accordance with Clause 52.217-09 the contractor will be notified in writing within 60 days if the option is exercised. A written modification will be forwarded to the vendor within 3 days prior to expiration of the contract.

(End of Addendum to FAR 52.212-1)

STATEMENT OF WORK

FOR INDUSTRIAL SAFETY ADVISOR (ISA)

1. GENERAL SCOPE: The contractor will provide Industrial Safety Advisor (ISA) advice and services to the Defense Logistics Agency (DLA) Installation Operations Europe & Africa Regional Safety Office and other elements of DLA located in Germany. DLA workplaces are a combination of normal office-type environments and industrial/warehouse activities. DLA employees in industrial/warehouse activities engage in warehousing and distribution operations, the management, storage, and disposition of surplus supplies and equipment; and scrap management operations.

2. DESCRIPTION OF SERVICES:

2.1 The Contractor shall identify safety hazards per German Occupational Health and Safety Rules, recommend corrective actions, and report on corrective action closure. The Contractor shall develop and generate annual assessment reports for all locations listed in this statement of work.

2.2 The Contractor shall provide services in coordination with the DLA Installation Support Europe & Africa Safety Office. ISA services required will integrate into the overall DLA Europe & Africa Regional Safety program, in compliance with the US International Agreement that US Forces in Germany will follow German SOH laws and rules for its German workforce, henceforth referred to as “German Local Nationals” (LNs).

2.3 The Contractor shall be required to perform the following tasks:

2.3.1 Travel to each work location within Germany (annually) to conduct SOH Assessments.

2.3.2 Survey each work location identifying existing safety hazards. (As needed)

2.3.3 Develop job hazard analysis and train employees on JHA process corrections. (As needed)

2.3.4 Investigate, measure, analyze and recommend corrective actions. (As needed)

2.3.5 Provide written detailed executive summary reports for each location to include findings, corrective actions, recommendations and best practices. (Annually)

2.3.6 Travel to each work location to ensure corrective actions are implemented. (Annually)

2.3.7 Perform ergonomic assessments of LN workstation to identify potential hazards. (Annually)

2.3.8 Review new process procedures and or equipment to identify hazards. (Annually)

2.3.9 Interpret German SOH laws, standards and regulations for US personnel. (As needed)

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2.3.10 Inspect and certify all DLA locations listed within the Statement of Work, where industrial storage racks are used in accordance with DGUV-Regulation 108-007 & DIN Rack test according to the Ordinance on Industrial Safety (BetrSichV), “Storage facilities and equipment” and DIN 15635 “Steel static storage systems” German Safety and Occupational Health requirements.

3. CONTRACTOR QUALIFICATIONS:

3.1 Contractor employee(s) performing under this contract shall be qualified as ISAs as required by German Law (Law on Company Doctors, Safety Engineers and other Industrial Safety Advisors) and other German regulations in the field of Occupational Health and Safety.

3.2 The Contractor must have knowledge of German and US Military Structure as related to Industrial Safety Advisor and Company Doctors in accordance with current German and EC/EU safety and occupational health law.

3.3 Contractor employee(s) providing services must be able to read, write and speak both the English and German languages.

3.4 Contractor employee(s) must have a wide familiarity and experience with the application of German Occupational Health and Safety Rules as applied in the German Army (Bundeswehr). United States Forces are authorized the same exemptions, exceptions, and other favorable Occupational Safety practices exercised by the German Army; accordingly the Contractor must be familiar with Bundeswehr safety regulations and practices.

4. LOCATIONS AND PERSONNEL:

ISA services to DLA operations in Germany shall be provided in the following locations:

Kaiserslautern – Kleber Kaserne Sembach Rhine Ordnance Barracks (Petroleum Laboratory) Ramstein Air Base USAG Wiesbaden - Mainz-Kastel USAG Stuttgart – Kelly Barracks USAG Grafenwoehr

5. REQUIRED SERVICE RESPONSIBILITIES:

5.1 Act as Industrial Safety Adviser as required by German law and regulation. The contractor will provide advice and information concerning German Occupational Health and Safety (OSH) laws and regulations to the DLA Safety Office as requested.

5.2 Assist in development of job hazard analysis (JHA) for workplaces with German employees. Provide assistance and training to German employees and review in place JHA’s for currency.

5.3 Investigate industrial accidents and review accident reports in coordination with DLA Installation Operations Europe & Africa Safety Office guidelines. Analyze accidents and provide root causes and preventive measures to prevent reoccurrence. Review accidents for non- compliance with German OSH law and regulation; recommend corrective actions and effective prevention measures.

5.4 Assist in development of a comprehensive fire safety and emergency scheme for DLA workplaces, meeting German law and regulation.

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5.5 Review utilization of personal protective equipment. Identify hazardous substances, noise levels, lighting, air quality and other environmental influences in the workplace. Observe the implementation of occupational safety and accident prevention measures.

5.6 Make recommendations concerning:

5.6.1 The planning, design and maintenance of plant and other facilities used by DLA’s German workforce;

5.6.2 The acquisition of technical working equipment and the introduction of new work processes and materials used by DLA’s German workforce;

5.6.3 The selection and testing of personal protective equipment used by DLA’s German workforce;

5.6.4 The design of workplaces, organization of work processes, nature of working environment and other ergonomic factors affecting DLA’s German workforce;

5.6.5 The evaluation of working conditions of DLA’s German workforce;

5.6.6 Provide Hazardous substance and dangerous goods management;

5.6.7 Determine if the Occupational Health and Safety management system is in line with current German Law.

6. REQUIRED TRAINING SERVICES:

6.1 Provide training for the German workforce, conducted in the German language. Training for United States employees or mixed audiences shall be conducted in English.

6.2 Provide training and information for German and US employees on proper compliance with German SOH and accident prevention rules, with particular emphasis on instruction about workplace hazards and means of avoiding these hazards. English language training shall be required for US employee training.

6.3 Provide training to DLA Safety Officers and other DLA US and German personnel with collateral safety duties, including Works Council Safety Representatives.

7. REQUIRED MEETINGS, REPORTS AND DOCUMENTS:

7.1 The contractor shall attend regularly scheduled meetings of DLA Safety and Occupational Health Committee(s). In these meetings, the contractor will provide ISA information and expertise as required by German SOH law and regulation.

7.2 The contractor may also be required to provide information and advice to DLA’s German Works Council(s) as required by German SOH law and regulation.

7.3 The contractor may be required to provide reports on DLA’s compliance with German SOH law and regulation.

7.4 The contractor shall provide copies of requested German SOH laws or regulations to the DLA Installation Operations Europe and Africa Safety Office as requested. The contractor will provide these in the English language if commercially available, but is not responsible for translation of the documents available only in German.

8. CONTACT WITH THE CUSTOMER:

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8.1 The designated DLA Installation Support Contracting Officer Representative (COR) shall be the primary point of contact for the Contractor for day to day actions and shall coordinate all government actions as directed by the Contracting Officer for this contract. The Contractor shall coordinate closely with the COR to assure full understanding of all requirements.

8.2 The COR/COTR has no authority to make any commitments or changes that affect price, quality, quantity, delivery, or other terms and conditions of the contract nor in any way direct the Contractor or its subcontractors to operate in conflict with the contract terms and conditions. The Contracting Officer (KO) is the sole final authority for the contract and is the only person with the authority to authorize approval for the awarded contract and actions work performed in relation to the awarded contract.

9. COORDINATION WITH OCCUPATIONAL HEALTH OFFICIALS:

9.1 The contractor may be required to coordinate information and actions with US Army Europe (USAREUR) Occupational Health professionals who perform duties of the Occupational Health Physician for US Forces.

9.2 The contractor may also be required to coordinate information and actions with other US contractors in the field of Occupational Health and Safety.

10. GOVERNMENT-FURNISHED SUPPORT: DLA facilities provided to the Contractor for the performance of in-house training.

11. SECURITY:

11.1 Pass and Identification.

11.1.1 The Government will provide entry badges identifying the contractor’s employees as contractor personnel.

11.1.2 The Contractor shall provide names of all employees performing on the contract to the DLA Installation Operations Europe and Africa Facility Manager who will arrange badges that will be returned to DLA upon completion of the contract. Contractor will issue company ID cards to each employee performing on the contract.

11.2 Parking on US installations shall be in designated parking areas.

11.3 The Contractor shall provide its own computer and telephone, including cellular telephone(s) for its employees while at DLA locations:

Kaiserslautern Location: Kleber Kaserne, BLDG. 3228, 3229 and 3230 POC: Delia Mann (Troop Support); Lawrence Evans (Disposition); Robert Flagg (Document Services); Matthew Schmidt (Energy); Tim Klingenberg # Local National Personnel (LNs): 25 Function: Troop Support, Disposition, Document Services and Energy

Kaiserslautern Rhine Ordnance Barracks (ROB) - Petroleum Laboratory Location: Kaiserslautern Fuels Lab, BLDG 320 POC: SFC Marlon Haughton (Energy) # Local National Personnel (LNs): 2 Function: Energy

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Sembach Location: BLDG 214 (Room 327, 301, 328, 302, 201, 226, 203) POC: Gregory McCray (Distribution) # Local National Personnel (LNs): 4 Function: Distribution, Energy

Ramstein Air Base Location: BLDG 528 (Room108), BLDG 404 (Door 4), BLDG 528 (Room 109) POC: Levon McDowell (Europe & Africa); Robert Flagg (Document Services); Christopher Sheppard (Energy) # Local National Personnel (LNs): 3 Function: Europe & Africa, Document Services, Energy

USAG Wiesbaden Location: Mainz-Kastel POC: Mrs. Ute Stapf-Mocanu (Document Services); Rita Henry (Energy) # Local National Personnel (LNs): 4 Function: Energy, Document Services

USAG Stuttgart Location: Kelly Barracks POC: Donald Liles (Europe & Africa); Timothy Robinson (Troop Support);

Aybike Arslain (Energy) # Local National Personnel (LNs): 1 Function: Europe & Africa, Troop Support, Energy

USAG Grafenwoehr POC: Ronald Johns (Europe & Africa); Jose Montanez (Disposition) # Local National Personnel(LNs): 6 Function: Document Services, Disposition, Europe & Africa

NOTE: Solicitation package is including OF336.pdf - File attached

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Form

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENTS (DEC 2012) DFARS

(b) In accordance with 10 U.S.C. 2410(a), any request for equitable adjustment to contract terms that exceeds the simplified acquisition threshold shall bear, at the time of submission, the following certificate executed by an individual authorized to cer tify the request on behalf of the Contractor:

I certify that the request is made in good faith, and that the supporting data are accurate and complete to the best of my knowledge and belief.

(Official’s Name) (Title)

252.204-7000 DISCLOSURE OF INFORMATION (AUG 2013) DFARS

52.204-09 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) FAR

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) FAR

Standard Element has no text Standard Element has no text

Part 12 Clauses

52.212-04 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (JAN 2017) FAR

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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(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) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(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

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

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232- 33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer— Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(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.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

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(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C.

2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

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(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via CCR accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

52.212-05 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -

COMMERCIAL ITEMS (JAN 2017) FAR

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

___ 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C.

4704 and 10 U.S.C. 2402).

___ 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

___ 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C.

6101 note).

___ [Reserved]

___ 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

___ 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ [Reserved]

___ (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.