Exhibit__002__Clauses.docx.pdf

Exhibit #002 - Clauses

FAR 52.212-1, Instructions to Offerors – Commercial

Proposal submissions are due by SUNDAY, 2 DECEMBER 2018, at 11:59 PM CENTRAL STANDARD TIME, and should be transmitted via email to the Contract Specialist at shavokie.m.gibson.civ@mail.mil with PBA HAVAC SUBMISSION in the subject line.

Offerors shall ensure that their company’s name appears in the file name of the electronic proposal submission. The Offeror’s proposal shall demonstrate an offeror’s best solution and price to meet the requirements in the PWS and other documents. The proposal shall not repeat the RFP requirements, but rather provide documentary evidence of how contract requirements will be met. Proposals received in response to this RFP will be valid for 90 days from the closing date of the RFP. (NOTE: Offerors are responsible for submitting a timely proposal compliant with ALL provisions of this clause (52.212-1). Failure to submit a full, compliant, and timely proposal may result in a determination the proposal is non-compliant and render the proposal ineligible for award.)

If this RFP is amended, all terms and conditions that are not amended remain unchanged. Interested offerors shall acknowledge receipt of any amendment to the RFP by the date and time specified in the amendment(s) and in its proposal submission. Failure to acknowledge an amendment may result in an Offeror’s proposal not being considered for award.

Interested offerors are responsible for submitting proposals, and any modifications, or revisions, by the time specified in the RFP or subsequent amendment(s). Any proposal or revision received after the time specified for receipt by the Government will be considered late and may not be considered for award.

52.212-2 -- Evaluation -- Commercial Items.

Evaluation -- Commercial Items (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

_______________PRICE______________________

________TECHNICAL CAPABILITY_____________

_________PAST PERFORMANCE______________

[Contracting Officer shall insert the significant evaluation factors, such as

(i) Technical capability of the item offered to meet the Government requirement;

(ii) Price;

(iii) Past performance (see FAR 15.304);

Technical and past performance, when combined, are approximately equal to cost or price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

FAR 52.204-7 – System for Award Management (Oct 2016)

(a) Definitions. As used in this provision— “Electronic Funds Transfer (EF) indicator” means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

“Registered in the System for Award Management (SAM) database” means that –

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certification, and Points of contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include variation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

(4) The Government has marked the record “Active”.

“Unique entity identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)

(1) By submission of an Offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique http://www.sam.gov/ entity identifier that identifies the Offeror’s name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM database.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

1. Company legal business name.

2. Trade style, doing business, or other name by which your entity is commonly recognized.

3. Company physical street address, city, state and Zip Code.

4. Company mailing address, city, state, and Zip Code (if separate from physical).

5. Company telephone number.

6. Date the company was started.

7. Number of employees at your location.

8. Chief executive officer/key manager.

9. Line of business (industry).

10. Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

(End of Provision)

FAR 52.204-13 – System for Award Management Maintenance (Oct 2016)

(a) Definitions. As used in this provision— https://www.acquisition.gov/

“Electronic Funds Transfer (EF) indicator” means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

“Registered in the System for Award Management (SAM) database” means that –

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certification, and Points of contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include variation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

(4) The Government has marked the record “Active”.

“System for Award Management (SAM)” means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance- related processes.

It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

“Unique entity identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) The Contractor is responsible 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.

(c)

(1)

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 subpart42.12 of the FAR; and

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

ii. If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(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.

(2) 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. 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.

(3) The Contractor shall ensure that the unique entity identifier is maintained within the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

(d) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov.

(End of Clause)

FAR 52.216-18 – Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by https://www.acquisition.gov/ issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 1 FEBRUARY 2019 through 30 30

JANUARY 2024

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-21 Requirements.

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 January 2024.

(End of clause)

FAR 52.216-22 – Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum”. The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum”.

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 January 2024.

DFARS 252.232-7003 – Electronic Submission of Payment Requests and Receiving Reports

(a) Definitions. As used in this clause—

(1) “Contract financing payment” and “invoice payment” have the meanings given in section 32.001 of the Federal Acquisition Regulation.

(2) “Electronic form” means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area Workflow (WAWF) or another electronic form authorized by the Contracting Officer.

(3) “Payment request” means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(4) “Receiving report” means the data required by the clause at 252.246-7000, Material Inspection and Receiving Report.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/.

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when—

(1) The Contracting Officer administering the contract for payment has determined in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer’s determination with each request for payment;

(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g. PowerTrack, Transportation Financial Management System, and Cargo and Billing System);

(3) DoD makes payment for rendered health care services using the TRICARE Encounter Data System (TEDS) as the electronic format; or

(4) When the Government wide commercial purchase card is used as the method of payment, only submission of the receiving report in electronic form is required.

Submission of Payment Requests and Receiving Reports.

(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

DFARS 252.232-7006 – Wide Area WorkFlow Payment Instructions (May 2013)

(f) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

(g) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.

https://wawf.eb.mil/ http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm

(h) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

Combo

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

Destination

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC HQ0303

Issue By DoDAAC W52P1J

Admin DoDAAC W52P1J

Inspect By DoDAAC W41G26

Ship To Code W41G26

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a https://www.acquisition.gov/ document is submitted in the system.

Contracting Officer: val.b.hansen.civ@mail.mil Contract Specialist: shavokie.m.gibson.civ@mail.mil

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact. N/A

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

Other Pertinent Information:

(a) Non-Release of Contractor Information

1. Any proprietary, confidential, commercial, trade secret, or similar type of information in the contract resulting from this solicitation may not be released to anyone outside the Government.

2. Do not release proprietary, confidential commercial, trade secret, or similar type of information from this contract to anyone inside the Government that does not have a legitimate need to know the information.

3. If in doubt about what information in the contract may be released, contact the Contracting Officer.

4. Criminal penalties are provided by 18 U.S.C. for the improper release of proprietary and/or confidential commercial information.

(b) Electronic Award Notice

1. Any contract awarded as a result of this solicitation will be posted to the Army Single Face to Industry (ASFI) under Procurement Notification; the Federal Business Opportunities (FedBizOpps); and/or the Electronic Document Access (EDA) Websites (see addresses below). Paper copies will not be distributed. This is a material condition of the solicitation and by submission of a bid or proposal, the vendor agrees to accept notification of an electronic award transmitted in the manner described above.

2. Notice of award to the awardee will be issued only via electronic mail. Vendors who wish to be notified if they receive an award as a result of this solicitation must provide their electronic mail address in the space provided below. If the vendor fails to provide an electronic mail address, then a separate notice of award will not be provided and it shall be the sole responsibility of the vendor to periodically check the Army Single Face to Industry (ASFI) web site https://acquisition.army.mil/asfi/ and/or the Federal Business Opportunities (FedBizOpps) website at http://www.fbo.gov/ and/or the Electronic Document Access (EDA) web site at http://eda.ogden.disa.mil/ to determine if he/she has received an award. In this event, the vendor’s failure to check any of the three web sites mentioned above in a timely manner shall not be an excuse for failure to perform or mailto:val.b.hansen.civ@mail.mil mailto:shavokie.m.gibson.civ@mail.mil https://acquisition.army.mil/asfi/ http://www.fbo.gov/ http://eda.ogden.disa.mil/ grounds for a delivery schedule extension.

3. Notice of award to unsuccessful offerors shall be issued only via electronic mail from the Contracting Office and/or the FedBizOpps/Vendor Notification and/or ASFI/Procurement Notifications features. Vendors who wish to receive an electronic mail notice if they are unsuccessful must provide an electronic mail address in the space provided below. If the vendor fails to provide an electronic mail address, then a separate notice will not be provided, and it shall be the responsibility of the vendor to periodically check the FedBizOpps/Vendor Notification or the ASFI/Procurement Notifications to determine if an award has been made. In this event, the vendor’s failure to check these sites to determine if an award has been made shall not constitute grounds for an extension of the ten (10) day protest period allowed by regulation.

Vendor’s Electronic Mail (E-mail) Address:

Note: For EDA registration guidance and information, please go to http://eda.ogden.disa.mil The registration process will accommodate Contractor and Government users. For FedBizOpps registration guidance and information, please go to http://www.fedbizopps.gov and for registration guidance and information for ASFI, go to https://acquisition.army

(c) Containers shipped to Pine Bluff Arsenal shall be clearly marked as follows:

a. Name of Contractor

b. Contract No./Order No.

c. Description of items contained therein

d. Consignee’s name and address

e. End item

(d) Inspection and Acceptance

Inspection and acceptance will be at destination, unless otherwise provided herein. Until delivery and acceptance, and after any rejections, risk of loss will be on the contractor, unless loss results from negligence of the United States Government.

(e) Certified Material Reports

For those material(s) identified below, a Certificate of Compliance (COC) shall be made available to the Government/DACA Quality Assurance Representative (QAR). The COC shall address compliance with all applicable requirements of the material specification(s) listed below. Availability of the COCs are in addition to other contract requirements and does not reduce or prejudice the Government’s right to inspect supplies under other provisions of this contract. The COC shall contain the following:

a. Name and address of supplier http://eda.ogden.disa.mil/ http://www.fedbizopps.gov/ https://acquisition.army/

b. Purchase Order number

c. Identification of material by specification, revision, amendment and dates, together with type, grade, size, etc.

d. Quantity of material

e. Date, signature, and title of the authorized representative of the Contractor that is attesting to the accuracy of test report content.

REQUIREMENTS FOR WHICH PART NO. MATERIAL

SPECIFICATION RESULTS ARE REQUIRED NSN:

(f) Shipping Instructions

Delivery is F.O.B. Destination. Shipment is to be prepaid to the destination shown in Block 14 on page 1 of DD Form 1155, or Block 15 of Standard Form 1449. The cost of shipping and risk of loss are borne by the seller. Original bill of lading must be forwarded same day material is shipped to address shown in Block 14 on page 1 of DD Form 1155, or Block 15 of Standard Form 1449. Forward acknowledgement of order and notice of shipment to the address shown in Block 6 of DD Form 1155 or Block 9 of Standard Form 1449. Receiving hours are from 6:30 a.m. to 2:30 p.m., Monday through Thursday, except Federal holidays.

NOTE: Shipment to any address other than that designated in Block 14 on page 1 of DD Form 1155, or Block 15 of Standard Form 1449, may result in a delay in payment of your invoice without the commencement of interest accrual under the Prompt Payment Act (Public Law 97-117).

(g) Delivery of Materials

It is the responsibility of the contractor or subcontractor to inform their vendors or truck drivers of the prime contractor’s name, contract number and work site. Pine Bluff Arsenal is a controlled access installation, therefore subcontractors, vendors, or delivery persons who do not possess the above information and other proper identification as required by the Security Office may be denied access to Pine Bluff Arsenal. Any delay caused by such denial will be at the contractor’s expense, and no time extensions for such delays will be allowed.

Contractors will provide escorts for suppliers’ trucks from the perimeter gates to job site when required.

(h) Pine Bluff Arsenal Working Hours

Carriers must make delivery appointment 24 hours in advance by calling 870-540-3610. No shipments will be accepted in the absence of the required delivery appointment.

Receiving hours at Bldg. 23-330 are from 6:30 a.m. until 2:30 p.m. Monday through Thursday. All shipments must be at Dexter Gate (truck gate) on or before 2:30 p.m., unless prior arrangements have been made. No shipments will be accepted on Friday. No shipments will be accepted on Government holidays, or in the absence of the required delivery appointment scheduled 24 hours in advance by calling 870-540-3610. Government holidays are as follows: New Year’s Day, Martin Luther King Day, President’s Day, Memorial

Day, Independence Day July 4th, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and Christmas Day. If the holiday falls on a Sunday, the holiday will be observed on the following Monday.

(i) Notice to the Transportation Carrier:

Beginning on March 1, 2016, Pine Bluff Arsenal will no longer receive unscheduled inbound shipments. Scheduling is executed via the Carrier Appointment System (CAS) in Electronic Transportation Acquisition (ETA) tool. Carriers without access to CAS call 870-540- 3610 or 870-540-3611 for appointment 24 hours in advance. In order to obtain an appointment, you must provide a BOL (must contain the following: NSNs, DODIC, Nomenclature, and HAZCLASS). This includes FAK. Pine Bluff Arsenal Transportation office hours of operation are 7:00 a.m. – 2:30 p.m. Monday – Thursday (except Federal holidays). Closed for receiving on Fridays. ETA Registration instructions are provided below.

(j) ETA Registration New Users

If you do not have an ETA account, follow the instructions below:

1. To go ETA Home at https://eta.sddc.army.mil

2. Select New User Registration

3. Select CAS (Carrier Appointment System) in the Freight/Cargo section

4. Select a CAS Role from the drop down on the right-hand side. This should be the same role that was provided in the list sent by the depot (likely Carrier).

5. Select the Generate Request Form button at the bottom of the page.

6. Enter your information on the registration form. All required fields contain an asterisk to the left of the field name. Users with a .mil address will be required to register with their digital certificate (CAC). Select “Submit CAC/ECA Certificate.”

7. Carrier role must enter a valid SCAC in the SCAC registration field. If you are a 3PL company, or a carrier who represents multiple SCACs, you may enter the multiple SCACs for whom you represent by selecting the “Modify” button next to the SCAC field.

Once all applicable SCACs have been added, select “Submit Request”.

8. Confirm your email address is correct by selecting OK. A page will be displayed with a Request ID. This will become your ETA User ID upon approval. Your request for access will be reviewed and you will be contacted via email.

9. There will be a time delay while the request is in the queue. The CAS ETA Administrator will approve depot users based on the depot implementation date.

10. Once approved, ETA will send an email with a link to obtain a password. If you are using your CAC to authenticate, you will not need a password.

11. Approved CAS ETA users will access CAS through the ETA Home Page https://eta.sddc.army.mil/

(https://eta.sddc.army.mil) Appointment System (CAS)

Existing Users

1. To go ETA Home at https://eta.sddc.army.mil

2. Log into ETA using your CAC/ECA

3. Go to “My Approved Applications” and click on “Carrier Appointment System

(CAS)”.

4. You’ll then be presented with the CAS home page.

(a) Definitions. As used in this provision—“Lobbying contact” has the meaning provided at 2 U.S.C. 1602(8). The terms “agency,” “influencing or attempting to influence,” “officer or employee of an agency,” “person,” “reasonable compensation,” and “regularly employed” are defined in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12) are hereby incorporated by reference in this provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to 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 on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352.Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

(End of provision)

252.209-7992 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law—Fiscal Year 2015 Appropriations.

Include the attached provision in all solicitations that will use funds made available by the Consolidated and Continuing Appropriations Act, 2015 (Pub. L. 113-235), including solicitations for the acquisition of commercial items under FAR part 12.

REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW—FISCAL YEAR 2015

APPROPRIATIONS

(DEVIATION 2015-OO0005) (DEC 2014)

(a) In accordance with sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by this or any other Act may be used to enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)