SPE600-18-R-0230.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME 8. OFFER DUE DATE/

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

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

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

PP 1.8B 94

SPE600-18-R-0230

JERMAINE SMITH

b. TELEPHONE NUMBER (No collect calls)

571-767-1796

SPE600

NET 30 NOT RATED

SEE SCHEDULE

SPE600

SEE BLOCK 9

OFFEROR MUST INCLUDE:

CAGE:

POC/EMAIL/PH

Benelux Finance Office, Unit 21420 box 3803, APO AE 09705; civilian address: Building

212, 7010 - SHAPE

Com. 0032-68-27-5480

SEE SCHEDULE B

522210

DATE

08/15/2018

LOCAL TIME

08/28/2018

1400 HRS

DLA ENERGY

POST, CAMPS, AND STATIONS

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR VA 22060

USA

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

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

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

SF Form 1449 - ADDITIONAL INFORMATION CONTINUED

a. Offerors, be advised, to complete and submit one copy of all forms contained in the Solicitation. Copies of all documents submitted shall be exactly the same as original.

Certification and Representation clauses shall be answered in either the affirmative or negative, as applicable. If a clause does not apply, LEAVE BLANK. (DO NOT state "N/A - Not Applicable.") Offer shall be signed by an authorized negotiator – see Clause 52.212- in the Solicitation. Please initial all changes and corrections. Offerors shall acknowledge receipt and acceptance of all amendments to this Solicitation. FAR Clause 52.212-5 lists all clauses incorporated by reference (IBR). Please be advised that Offerors are responsible for complying with the referenced clauses as if they appeared in full text. Please read in its entirety FAR Clause 52.212-1 INSTRUCTIONS TO OFFERORS. Please use https://pcf1x.bsm.dla.mil/cfolders/ to reference product quality specifications.

CLARIFICATION: Hours of operation are 24 hours a day, 7 days a week Belgium time.

Any other reference to hours/time within the solicitation, unless otherwise stated, is Eastern Time. Any reference to BI MONTHLY shall be considered twice a month, unless otherwise noted.

b. DISCUSSIONS: The government contemplates and intends to award without discussions; however, to maximize the government’s ability to obtain best value, it may be necessary to conduct discussions. Discussions may be conducted either orally or in writing. The scope and extent of discussions are a matter of contracting officer judgement. Offerors are advised to submit initial proposals, which are fully and clearly compliant without the need for additional information.

c. COMPETITIVE RANGE: If discussions are conducted, the Government will conduct discussion with those offerors in the competitive range. The government reserves the right to limit for purposes of efficiency, the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. If the contracting officer decides that an Offeror’s proposal should no longer be included in the competitive range, the proposal shall be eliminated from consideration for award. A written notice of the decision shall be provided to the unsuccessful Offeror in accordance with FAR 15.503.

d. NOTICE: Any contract awarded to a contractor who, at the time of award, was suspended, debarred, or ineligible for receipt of contracts with Government agencies, or was in receipt of a notice of proposed debarment from any Government agency, is voidable at the option of the Government.

e. EVALUATION: Reference FAR 52.212-2 -- Evaluation -- Commercial Items (Oct

2014) -for this solicitation, each line item will be evaluated and awarded separately.

https://pcf1x.bsm.dla.mil/cfolders/

f. Pursuant to L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010), offers submitted via e-mail shall constitute an Offeror’s hard copy. It shall contain all required representations and certifications as well as all required signatures. E-Mail addresses in which to submit offers is: jermaine.smith@dla.mil and juebiline.mbandi@dla.mil.

mailto:Anthony.t.brown@dla.mil mailto:juebiline.mbandi@dla.mil

INDEX

Section B- Supplies or Services and Price/Costs

PAGE

Combined synopsis/solicitation

Section C- Description/Specifications/Statement of Work

Section E- Inspection and Acceptance

CLEARANCE FOR TAX EXEMPTION 14

Section G- Contract Administration Data

INVOICE NUMBERING REQUIREMENTS 14

Section I- Contract Clauses

PROVISION/CLAUSE TITLE PAGE

FAR 52.203-3 GRATUITIES (APR 1984) 15

FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (OCT 2010)

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS- COMMERCIAL ITEMS

(JAN 2017)

FAR 52.212-5

CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS --

COMMERCIAL ITEMS (JAN 2018)

FAR 52.229-6 TAXES—FOREIGN FIXED-PRICE CONTRACTS (FEB 2013) 39

FAR 52.232-17 INTEREST (MAY 2014) 41

FAR 52.233.1 DISPUTES (MAY 2014)

FAR 52.242-13 BANKRUPTCY (JUL 1995) 43

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

DFARS 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER

DOD OFFICIALS (SEP 2011)

DFARS 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS (SEP 2013)

DFARS 252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016) 45

DFARS 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND

CYBER INCIDENT REPORTING (OCT 2016)

DFARS 252.204-7015 DISCLOSURE OF INFORMATION TO LITIGATION SUPPORT

CONTRACTORS (MAY 2016)

DFARS 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT

HOLDERS (DEC 1991)

DFARS 252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR

CONTROLLED BY THE GOVERNMENT OF A COUNTRY THAT IS

A STATE SPONSOR OF TERRORISM (OCT 2015)

DFARS 252.222-7002 COMPLIANCE WITH LOCAL LABOR LAWS (OVERSEAS) (JUN

1997)

DFARS 252.222-7004 COMPLIANCE WITH SPANISH SOCIAL SECURITY LAWS AND

REGULATIONS (JUN 1997)

DFARS 252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC

2017)

DFARS 252.225-7040 CONTRACTOR PERSONNEL SUPPORTING U.S. ARMED FORCES

DEPLOYED OUTSIDE THE UNITED STATES (OCT 2015)

DFARS 252.225-7041 CORRESPONDENCE IN ENGLISH (JUN 1997) 66

DFARS 252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE

CONTRACTORS OUTSIDE THE UNITED STATES (JUN 2015)

DFARS 252.229-7000 INVOICES EXCLUSIVE OF TAXES OR DUTIES (JUN 1997) 67

DFARS 252.229-7001 TAX RELIEF (SEP 2014) 67

DFARS 252.229-7002 TAX EXEMPTIONS (GERMANY) (JUN 1997) 67

DFARS 252.232-7008 ASSIGNMENT OF CLAIMS (OVERSEAS) JUN 1997 68

DFARS 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) 68

DFARS 252.233-7001 CHOICE OF LAW (OVERSEAS) (JUN 1997) 69

DFARS 252.237-7010 PROHIBITION ON INTERROGATION OF DETAINEES BY

CONTRACTOR PERSONNEL (JUN 2013)

DFARS 252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) 70

DFARS 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012) 70

DLAD 52.233-9001 DISPUTES AGREEMENT TO USE ALTERNATIVE DISPUTE

RESOLUTION (ADR) (DEC 2016)

Section J- List of Attachments

Section K- Representations, Certifications, and other Statements of Offerors or Respondents

FAR 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR

1985)

FAR 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO

INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007)

FAR 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT

REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS – REPRESENTATION (JAN 2017)

FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING

(JUL 2016)

FAR 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JULY 2016)

FAR 52.204-20 PREDECESSOR OF OFFEROR (JULY 2016)

FAR 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS—REPRESENTATION (NOV 2015)

FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT

2015)

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL

2013)

FAR 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO

INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007)

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS –

COMMERCIAL ITEMS (NOV 2017)

FAR 52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS

COMPLIANCE PLAN (MAR 2015)

DFARS 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER

DOD OFFICIALS (NOV 2011)

DFARS 252.225-7050 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE

GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF

TERRORISM (OCT 2015)

K15 RELEASE OF PRICES (DLA ENERGY MAR 2009) 96

Section L- Instructions, Conditions and Notices to Offerors or Respondents

L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991) 99

L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010) 100

52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (JAN 2017) 101

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991) 105

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991) 105

52.216-1 TYPE OF CONTRACT (APR 1984) 105

52.233-2 SERVICE OF PROTEST (SEP 2006) 106

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE

INFORMATION CONTROLS (OCT 2016)

Section M- Evaluation Factors for Awards

FAR 52.212-2 EVALUATION -- COMMERCIAL ITEMS (OCT 2014) 109

Page 9 of

Part I-The Schedule

SECTION B- SUPPLIES OR SERVICES AND PRICES/COSTS

Requesting an estimated 250 Credit Cards as a means of paying for tax free fuel.

Estimated period of performance is 1 NOVEMBER 2018 through 30 September 2023.

Hours of operation are 24 hours, 7 days a week.

SECTION C- DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 GENERAL SCOPE OF SERVICES

The Contractor shall provide a minimum of 250 fuel cards for the purchase of gasoline and diesel fuel from fueling stations within Belgium. For identification purposes these cards will be referenced as “Tax-Free Fuel Cards,” although only a finite quantity will be eligible for tax-free dispensation. The contractor must have the ability to separate charges for tax-free fuel and fuel exceeding the tax-free fuel limit on the same billing monthly. A maximum of 1,000 euros per week per card and 240 euros per transaction should be established. The Contractor must ensure acceptance of the offered fuel card at a minimum of 10 service stations within the 50 km. It is preferred that the Contractor shall be experienced in providing this capability and have functioning processes already in existence and currently in use. Each service station shall be identified as Self-Serve or Full Service in the proposal and the discounts on pump prices should reflect the difference in price per liter as well (if any). Only fuel purchases will be applied to the fuel cards.

C.1.1 FUEL SPECIFICATIONS

Tax-free fuel credit card shall enable authorized users to purchase fuel types listed below. Fuel provided at participating stations shall conform to all National environmental requirements applicable to the geographic location of the purchase of fuel on the date of delivery. Product quality specifications may be obtained at https://pcf1x.bsm.dla.mil/cfolders/.

A. GASOLINE, AUTOMOTIVE, UNLEADED, PREMIUM GRADE

NATIONAL STOCK

NUMBER

PRODUCT

NOMENCLATURE

PRODUCT

CODE

9130-01-527-5763 Gasoline, Premium, Unleaded

ULG

B. FUEL, OIL, DIESEL

NATIONAL

STOCK NUMBER

PRODUCT

NOMENCLATURE

PRODUCT

CODE

SULFUR

MAXIMUM

https://pcf1x.bsm.dla.mil/cfolders/

Page 10 of

9140-01-556-9156 Diesel Fuel SFD 10

C.1.2 CLEARANCE FOR TAX EXEMPTION

Clearance on products shall be governed by the following procedures:

A. Tax exemption authorization for products supplied will be governed by instructions and policies issued by the Belgium Ministry of Finance Tax-Free Products Administrator.

B. The U.S. Government shall obtain from the Belgium Government quarterly plafonds (ceilings) based on expected consumption of tax-free products, which will be made available to the Contractor under this contract.

C. A report of consumption is coordinated by the Belgium Credit Card Office and submitted to the Belgian government quarterly. It is substantiated by sales records expended during the month of consumption being reported. For this purpose, the Contractor shall submit a complete sales report to the Tax-Free Products Administrator for the preparation of each report broken down by region.

C.1.3 INSTRUCTIONS

A. Billing/Invoicing: Contractor shall provide a monthly statement that summarizes all transactions for the specified billing period, including previous month’s payment, total new charges and total quantities, total exempted taxes and total discounts. Invoicing and payment information will be provided upon award.

B. Secure Website: The Contractor shall allow the U.S. Government to participate in managing card issuances, card delivery, cancellations or replacements, and reporting through a secured website. The Contractor’s website must require user ID’s, be password protected, and contain industry standard security measures to prevent access by non-authorized individuals.

C. Customer Service: Contractor shall provide for the following:

1. Contractor shall provide assistance in resolving issues related to inaccurate fuel type dispensed, questionable transactions, Point of Sale (POS) unit problems, and lost and/or stolen fuel cards.

2. Contractor will assign a customer service representative(s) to act as a lead liaison between the Contractor and the U.S. Government/ DA, SHAPE HQ Belgium Program Manager.

D. Reports

1. Contractor shall provide summary monthly statement of all transactions for the billing period with but not limited to the following fields: previous months, payment, total new charge amounts, total quantities, total exempted taxes, and total discounts.

2. Contractor shall maintain an automated/online database that maintains fuel usage data that shall be easily queried and have the ability to generate varied on-line and printed reports based on the U.S.

Government’s needs.

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C.2.1 AUTHORIZED INDIVIDUALS ARE: All U.S. military and civilian personnel or local national employees or the U.S.

Government who operate official U.S. Government or military vehicles and possess valid cards and official dispatch orders for operation of said vehicles at time of delivery.

C.2.2. NUMBER OF CARDS REQUIRED: Estimated 250 credit cards are required for this program. Credit Cards will be issued to DA, SHAPE HQ Belgium.

C.2.3. MAXIMUM LIMITATION: A maximum of 1,000 euros per week per card and 240 euros per transaction should be established.

C.2.4. CONTRACTORS CREDIT CARD SYSTEM: The contractor will operate in a credit card system as listed below:

• Free issuance of an estimated 250 credit cards to the designated property administrator delivered within 15 days after contract award date.

• Credit card shall be fully activated and automatically recharged at the end of each month.

• There shall be no service charge or additional charges for replacement of lost or stolen cards.

• Information will be collected by a centralized credit card office and invoices will be issued monthly to the designated

Property Administration Office below:

405th Army Field Support Brigade Europe and Africa Logistics Readiness Center Benelux Com. 0032-68-27-5480

C.2.5. SECURITY CONTROL FEATURES:

a. Each credit card account shall be linked to the cardholder’s vehicle license number.

b. Maximum limit of three (3) transactions per day into authorized vehicles. For each transaction, the following information will be recorded:

a. Card Number

b. Card Identification

c. Time and Date

d. Location

e. Total number of liters purchased

f. Product Type

g. Vehicle License Number

The recorded information for a specific transaction can be retrieved from the contractor’s computer system upon request from the Property Administrator.

c. DoD / DA, SHAPE HQ Belgium shall not be liable for any unauthorized use of the credit cards. Unauthorized use means, the use of the credit card by a person other than the cardholder.

C.2.6. INVOICING PROCEDURES: The Contractor shall:

• Send to the Property Administrator and DA, SHAPE HQ Belgium an official billing statement / invoice, within 5 working days after the end of the 30 day billing cycle.

• If the contractor’s billing system is automatic, the billing statement / invoice shall be available immediately to the Property Administrator and DA, SHAPE HQ Belgium online at the close of the billing cycle.

• The statements shall include consolidated data on all transactions made by the authorized cardholders.

• The statement / invoice shall be priced in EURO per liter.

• The statement / invoice shall state the contract unit price and date fuel was lifted; and if the purchase was exclusive of all taxes and duties from which the US Government is exempt.

C.2.7. AUTHORIZING OFFICIAL / APPROVING OFFICIAL RESPONSIBILITIES:

The Authorizing Official / Approving Official is responsible for the following functions:

• Delegating authority to individual cardholders.

Page 12 of

• Establishing the cardholder’s limitation (increase or decrease).

• Request and maintain a monthly limitation of 200 Liters each month.

• Ensuring coordination of the credit card program with DA, SHAPE HQ Belgium prior to implementation.

• Approval of billing statements prior to submission to DA, SHAPE HQ Belgium for distribution of payment.

C.2.8. PROPERTY ADMINISTRATOR / PROGRAM COORDINATOR RESPONSIBILITIES:

The Property Administrator / Program Coordinator is responsible for the following functions:

• Oversees the local credit card program.

• Serves as the liaison between DA, Belgium Credit Card Officer, Cardholders and Contractor.

• Approves charges to Contractor on each cardholder’s account.

• Serves as the focal point for the application, distribution, cancellation, destruction of the credit cards.

• Receives and verifies transactions:

- Monthly review of the cardholder’s receipts/log against Contractor’s invoice.

- Certifies billing statement / invoice and has Approving Official to approve.

• Retaining all supporting documentation each month on charges for each cardholder, such as log /receipts and invoice / statements.

• Notifies Approving Official, Belgium Credit Card Officer and / or Contractor of any disputes or suspected unauthorized use of each credit card.

SECTION E – INSPECTION AND ACCEPTANCE

SECTION G -CONTRACT ADMINISTRATION DATA

BELGIUM CREDIT CARD Program Officer will provide awardee with Invoicing and Payment data.

SECTION I CONTRACT CLAUSES

PROVISION/CLAUSES INCORPORATED BY FULL TEXT

52.202-1 Definitions (NOV 2013) When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition

Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless—

(a) The solicitation, or amended solicitation, provides a different definition;

(b) The contracting parties agree to a different definition;

(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or

(d) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

FAR 52.203-3 GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative— https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%202_1.html#wp1145508 https://www.acquisition.gov/sites/default/files/current/far/html/FARTOCP31.html#wp253693

Page 13 of

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled—

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This paragraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010)

(a) Definitions. As used in this clause— “Agency” means “executive agency” as defined in Federal Acquisition Regulation (FAR) 2.101.

“Covered Federal action” means any of the following actions:

(1) Awarding any Federal contract.

(2) Making any Federal grant.

(3) Making any Federal loan.

(4) Entering into any cooperative agreement.

(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.

“Indian tribe” and “tribal organization” have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.

“Influencing or attempting to influence” means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

“Local government” means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

“Officer or employee of an agency” includes the following individuals who are employed by an agency:

(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.

(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.

(3) A special Government employee, as defined in section 202, Title 18, United States Code.

(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory

Committee Act, Title 5, United States Code, appendix 2.

“Person” means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, http://uscode.house.gov/

Page 14 of cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

“Reasonable compensation” means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.

“Reasonable payment” means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.

“Recipient” includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

“Regularly employed” means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.

“State” means a State of the United States, the District of Columbia, or an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers.

(b) Prohibition. 31 U.S.C. 1352 prohibits a recipient of a Federal contract, grant, loan, or cooperative agreement from using appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal actions. In accordance with 31 U.S.C. 1352 the Contractor shall not use appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the award of this contractor the extension, continuation, renewal, amendment, or modification of this contract.

(1) The term appropriated funds does not include profit or fee from a covered Federal action.

(2) To the extent the Contractor can demonstrate that the Contractor has sufficient monies, other than Federal appropriated funds, the Government will assume that these other monies were spent for any influencing activities that would be unallowable if paid for with Federal appropriated funds.

(c) Exceptions. The prohibition in paragraph (b) of this clause does not apply under the following conditions:

(1) Agency and legislative liaison by Contractor employees.

(i) Payment of reasonable compensation made to an officer or employee of the Contractor if the payment is for agency and legislative liaison activities not directly related to this contract. For purposes of this paragraph, providing any information specifically requested by an agency or Congress is permitted at any time.

(ii) Participating with an agency in discussions that are not related to a specific solicitation for any covered Federal action, but that concern—

(A) The qualities and characteristics (including individual demonstrations) of the person’s products or services, conditions or terms of sale, and service capabilities; or

(B) The application or adaptation of the person’s products or services for an agency’s use.

(iii) Providing prior to formal solicitation of any covered Federal action any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;

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(iv) Participating in technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and

(v) Making capability presentations prior to formal solicitation of any covered Federal action by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Pub. L. 95-507, and subsequent amendments.

(2) Professional and technical services.

(i) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action.

(ii) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations.

(iii) As used in paragraph (c)(2) of this clause, “professional and technical services” are limited to advice and analysis directly applying any professional or technical discipline (for examples, see FAR 3.803(a)(2)(iii)).

(iv) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation and any other requirements in the actual award documents.

(3) Only those communications and services expressly authorized by paragraphs (c)(1) and (2) of this clause are permitted.

(d) Disclosure.

(1) If the Contractor did not submit OMB Standard Form LLL, Disclosure of Lobbying Activities, with its offer, but registrants under the Lobbying Disclosure Act of 1995 have subsequently made a lobbying contact on behalf of the Contractor with respect to this contract, the Contractor shall complete and submit OMB Standard Form LLL to provide the name of the lobbying registrants, including the individuals performing the services.

(2) If the Contractor did submit OMB Standard Form LLL disclosure pursuant to paragraph (d) of the provision at FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, and a change occurs that affects Block 10 of the OMB Standard Form LLL (name and address of lobbying registrant or individuals performing services), the Contractor shall, at the end of the calendar quarter in which the change occurs, submit to the Contracting Officer within 30 days an updated disclosure using OMB Standard Form LLL.

(e) Penalties.

(1) Any person who makes an expenditure prohibited under paragraph (b) of this clause or who fails to file or amend the disclosure to be filed or amended by paragraph (d) of this clause shall be subject to civil penalties as provided for by 31 U.S.C. 1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.

(2) Contractors may rely without liability on the representation made by their subcontractors in the certification and disclosure form.

(f) Cost allowability. Nothing in this clause makes allowable or reasonable any costs which would otherwise be unallowable or unreasonable. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any other provision.

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%203_8.html#wp1090192 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137684

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(g) Subcontracts.

(1) The Contractor shall obtain a declaration, including the certification and disclosure in paragraphs (c) and (d) of the provision at FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, from each person requesting or receiving a subcontract exceeding $150,000 under this contract. The Contractor or subcontractor that awards the subcontract shall retain the declaration.

(2) A copy of each subcontractor disclosure form (but not certifications) shall be forwarded from tier to tier until received by the prime Contractor. The prime Contractor shall, at the end of the calendar quarter in which the disclosure form is submitted by the subcontractor, submit to the Contracting Officer within 30 days a copy of all disclosures. Each subcontractor certification shall be retained in the subcontract file of the awarding Contractor.

(3) The Contractor shall include the substance of this clause, including this paragraph (g), in any subcontract exceeding $150,000.

52.204-18 Commercial and Government Entity Code Maintenance. (Jul 2016)

(a) Definition. As used in this clause– “Commercial and Government Entity (CAGE) code” means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics

Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity;

or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract. For contractors registered in the System for Award Management (SAM), the DLA Commercial and Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration. Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with subpart 42.12. The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.

(c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Commercial and Government Entity (CAGE) Branch. Requests for changes shall be provided at https://cage.dla.mil. Change requests to the CAGE master file are accepted from the entity identified by the code.

(d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau (points of contact available at http://www.nato.int/structur/AC/135/main/links/contacts.htm) or NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx to request CAGE changes.

(e) Additional guidance for maintaining CAGE codes is available at https://cage.dla.mil.

52.204-21 Basic Safeguarding of Covered Contractor Information Systems. (Jun 2016)

(a) Definitions. As used in this clause– “Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137684 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_12.html#wp1084217 https://cage.dla.mil/ http://www.nato.int/structur/AC/135/main/links/contacts.htm https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx https://cage.dla.mil/

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“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

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(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

52.204-23-Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities (Jul 2018)

(a) Definitions. As used in this clause-- Covered article means any hardware, software, or service that--

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

Covered entity means--

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018

(Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from--

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement. (1) In the event the Contractor identifies a covered article provided to the

Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil/. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil/.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

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(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

52.212-4 Contract Terms and Conditions—Commercial Items (JAN 2017)

(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 41 U.S.C. chapter 71, Contract Disputes. 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;

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

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

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113304 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137572

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(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—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), 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.