W564KV-16-T-0003.pdf

SEE ADDENDUM

(No Collect Calls)

W564KV-16-T-0003 27-Oct-2015

b. TELEPHONE NUMBER

+49 631 411 5161

8. OFFER DUE DATE/LOCAL TIME

12:00 AM 04 Nov 2015

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W564KV9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

SHAWN O. PEYNADO

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

TCC-KAISERSLAUTERN

KLEBER KASERNE MANNHEIMER STRASSE 238

BLDG 3233

67657 KAISERSLAUTERN

GERMANY

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE WARJAA 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

0173 IN HQ HHC IBCT ABN

EVERETT K BENSON

INTERNATIONAL PEACEKEEPING AND SECURITY CENTE

CENTRAL CITY, BUILDING 5

81052 YAVORIV

UKRAINE

TEL: 393423287727 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$35,500,000

NAICS:

532112

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

28-Oct-2015

12:00 PM 09 Nov 2015

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF51

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W564KV-16-T-0003

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 366 Days Sport Utility Vehicles

FFP

A minimum of 3 and a maximum of 14 SUVs for 366 days. Proposal shall be based on daily rate for the maximum vehicle usage. Daily rates are requested as some vehicles may not be used everyday. Daily rate should include allowance for multiple US Government drivers per vehicle. Vehicles shall meet or exceed the specifications listed in the statement of work and include GPS device's, unlimited mileage, automatic transmission, neutral in color (no more than 2 distinct shades) and those colors shall be black, gray, silver, white, navy, blue, dark green or maroon with diesel engines.

FOB: Destination

MAX

NET AMT

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0002 366 Days 9-Passenger Van

FFP

A minimum of 7 and a maximum of 18 9-Passenger Vans for 366 days. Proposal shall be based on daily rate for the maximum vehicle usage. Daily rates are requested as some vehicles may not be used everyday. Daily rate should include allowance for multiple US Government drivers per vehicle. Vehicles shall meet or exceed the specifications listed in the statement of work and include GPS device's, unlimited mileage, automatic transmission, neutral in color (no more than 2 distinct shades) and those colors shall be black, gray, silver, white, navy, blue, dark green or maroon with diesel engines.

FOB: Destination

MAX

NET AMT

ADDENDUM TO FAR 52.212-2

A. BASIS FOR AWARD

(1) The Government will award a contract resulting from this Request for Quote/solicitation under FAR Part 13 to the responsible offeror whose quote conforms to the Request for Quote/solicitation and whose quote represents the best value to the Government using a lowest price technically acceptable source selection process. Award will be made on the basis of the lowest evaluated price meeting the technical acceptability standards. Technical acceptability, which includes past performance, will be based on a supplier submitting a quotation that demonstrates the supplier’s ability to comply with all of the requirements listed in the Request for Quote/solicitation’s Statement of Work/Specifications.

(2) Quotes that do not conform to the requirements of the Request for Quote/solicitation may be rejected without further evaluation, deliberation, or discussion. Quotes will be evaluated for technical acceptability based on the technical acceptability standards below:

B. EVALUATION FACTORS FOR AWARD: Factors that will be evaluated are as follows:

Factor 1: Technical Factor Factor 2: Past Performance Factor 3: Price

C. EVALUATION APPROACH

TECHNICAL FACTOR:

a. Offerors shall demonstrate their ability to meet the Technical Subfactors listed below.

b. A rating of “Unacceptable” in any of the subfactors will be cause for an overall “Unacceptable”

Technical Acceptable/Unacceptable Rating Rating Description Acceptable Proposal clearly meets the minimum technical requirements Unacceptable Proposal does not clearly meet the minimum technical requirements.

1. TECHNICAL APPROACH:

The Offerors plan shall demonstrate an understanding of the overall SOW requirements.

The Offerors plan shall detail their capabilities and provide an acceptable approach to meeting the requirements of the SOW in accordance with Part 5.1.9.

PAST PERFORMANCE FACTOR:

a. Offerors past performance will be based on an “Acceptable” or “Unacceptable” basis.

Past Performance Acceptable/Unacceptable Rating

Rating Description Acceptable Based on the offeror's performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offer ors performance record is unknown.

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

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

b. The Government will consider offeror's previous and current record of contractual performance. Offerors are have the opportunity to address any adverse past performance. To determine acceptability, the Government will query the Past Performance Information Retrieval System (PPIRS) to obtain finalized past performance information for contracts provided by the offeror. The Government may also use information obtained through customer interviews to ensure the Government has a reasonable expectation that the offeror will successfully perform.

NOTE: Past performance information is finalized only after the Contractor has had an opportunity to review and respond to Government assessment. The Government reserves the right to utilize other finalized past performance available to the Government.

PRICE FACTOR:

a. Price will not be scored or rated. The Government will evaluate the reasonableness of the offered prices. Normally, adequate price competition establishes a fair and reasonable price.

Analytical techniques and procedures described in FAR 15.404-1 may be used, singly or in combination with others, to ensure that the final price is fair and reasonable.

b. In the event there is a discrepancy between sections of the Contractor’s price proposal (excel spreadsheet) and SF Form 1449, the SF 1449 pricing will take precedence.

c. Unbalanced, inaccurate or incomplete price proposals may be the grounds for eliminating a proposal from competition. The Government will evaluate proposed price using one or more of the price analysis techniques in accordance with FAR 15.404-1. Additionally, Price Realism will not be conducted.

d. Late submissions may be accepted in accordance with FAR 52.212 (f)(2)(i); or the Contracting Officer determines accepting the late quote is in the best interest of the Government; and he late quote is received prior to the start of technical evaluation of received quotes.

ADDENDUM TO CLAUSE 52.212-4

ADDENDUM TO CLAUSE 52.212-4

Paragraph (a) Inspection/Acceptance: Inspection and acceptance will be performed at the address, shown in block 15 of the Standard Form 1449. Paragraph (b) Assignment is replaced by

DFARS 252.232-7008 ASSIGNMENT OF CLAIMS (OVERSEAS).

Paragraph (k) TAXES is replaced by Clause DFARS 252.229-7000 INVOICES EXCLUSIVE OF TAXES OR DUTIES Paragraph (t): The following clauses are added by reference: FAR 52.203-3, FAR 52.203-6, FAR 52.204-7, FAR 52.233-3, FAR 52.233-4 and DFARS 252.204- 7004 A.

ADDENDUM TO FAR 52.212-1

ADDENDUM TO FAR 52.212-1

Paragraph (b) is supplemented and paragraph (c) is replaced as follows:

(b) General. The following instruction to suppliers/offerors is to ensure sufficient information necessary for the Government to fully understand and evaluate quotations is submitted.

1. QUOTATION SUBMISSIONS. Submission of offers shall be via email to Shawn O.

Peynado, Contract Specialist, shawn.o.peynado.mil@mail.mil, and Abby Schultz, Contracting Officer, abby.k.schultz.civ@mail.mil, the subject of the email shall be: “W564KV-16-T-0003 – Proposal”.

2. QUESTIONS PERTAINING TO THE REQUEST FOR QUOTE

RFQ)/SOLICITATION. Offerors are requested to submit any questions or comments via email to Shawn O. Peynado, Contract Specialist, shawn.o.peynado.mil@mail.mil, and Abby Schultz, Contracting Officer, abby.k.schultz.civ@mail.mil no later than five (5) working days before offers are due. The subject of the email shall be: “W564KV-15-T-0003– Questions”. Questions shall annotate a reference to the specific solicitation element to which they pertain. All responses will be taken into consideration and answered appropriately in an amendment to the RFQ/solicitation.

3. DETAILED QUOTE INSTRUCTIONS. Offers, questions, and comments, SHALL BE submitted in the ENGLISH language. Page size is identified as follows: The pages shall be 8.5” x 11” or A4; font style shall be New Times Roman; font size shall be 12. Text shall be framed in such a way that it should be able to be copied to 8 ½ by 11” paper without losing data.

4. PROPOSAL FORMAT AND CONTENT. The signed and dated Standard Form 1449 and acknowledgement of all RFQ/solicitation amendments plus a completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically). The suppliers/offerors quote shall be divided into:

a. Section I. Technical

b. Section II. Past Performance.

c. Section III. Price

d. Period for Acceptance of Quotes/Offers. The suppliers/offerors agree to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of quotes/offers.

CLIN MINIMUM/MAXIMUM QUANTITY

CLIN DELIVERY/TASK ORDER MINIMUM / MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001 3 $ 14 $

0002 7 $ 18 $

0003 1 $ 1 $

STATEMENT OF WORK

Non-Tactical Vehicle Lease and Maintenance Contract for Ukraine

1. GENERAL: The government intends to award an Indefinite Delivery Indefinite Quantity (IDIQ) supply contract to provide SUV's and passenger vans within Ukraine.

1.1 Description of Supplies/Introduction: The contractor shall provide all equipment and transportation necessary to provide a maximum number of non-tactical vehicles within Ukraine in accordance with the ordering clause. The contractor shall perform to the standards in this contract. Vehicles acquired under this contract shall be 4x4 SUV's and passenger vans. The primary purpose of these vehicles is to provide transportation of personnel and equipment over long distances. Vehicles will only travel in the Ukraine. The passenger van requested passenger occupancy is nine (9).

1.2 Background: The US and Ukrainian Army shall conduct a joint training mission at the International Peacekeeping and Security Center (IPSC) near L’viv, Ukraine. US Soldiers in Ukrainian training areas require transportation assets to support training initiatives with the host nation.

1.3 Objectives: The objective of this contract is to provide a sustainable and economical NTV fleet as required to US Soldiers training in Ukraine while building host nation rapport and stimulating the local economy. The contract assures allies of the U.S. commitment and resolve in the region.

1.4 Scope: This requirement is to provide the Government with leased Non-Tactical Vehicles (NTV). The contractor(s) must provide vehicles no later than (NLT) five (5) days after contract award. The vehicles must be fully mission capable in accordance with Section 5, Vehicle Condition and Acceptance. The contractor will be responsible for scheduled routine maintenance and unscheduled maintenance of the vehicles if contracted for by the customer. The Vehicle Lease Price List will be incorporated into the contract. The contract will include delivery, insurance, and a mission capable NTV fleet. Details on the scope of the NTV requirements are outlined in Section 5.

1.5 Period of Performance: The period of performance shall be: twelve (12) months.

Base Period: twelve (12) months.

1.6 General Information

1.6.1 Quality Control: The contractor shall develop and maintain an effective quality control program to ensure vehicle maintenance is performed in accordance with this SOW. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective supplies. The contractor’s quality control program is the means by which he assures that his work complies with the requirement of the contract.

1.6.2 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards.

1.6.3 Recognized Holidays: N/A

1.6.4 Hours of Operation: The contractor is responsible for conducting business as necessary in order to meet the requirements outlined in this SOW. The contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this SOW. The contractor must provide a contact number with 24-hour availability for emergency maintenance issues.

1.6.5 Type of Contract: The government intends to award an indefinite delivery indefinite quantity (IDIQ) contract for twelve (12) months. Fixed Price orders will be issued under the terms, conditions, and pricing of this IDIQ. The Contracting Officer will execute and issue Task Orders. Non pre-priced items, if any, will be negotiated on a task order by task order basis.

1.6.6 Antiterrorism/Force Protection:

1.6.7 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.6.8 Contracting Officer Representative (COR): The COR will be identified by a separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract:

perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor’s performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.9 Contract Manager: The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall provide a reliable contact number and be able to respond to Government inquiry within 24 hours of inquiry. The contract manager must be capable of speaking and reading English.

1.6.10 Contractor Travel: The Contractor will be required to travel to surrounding training areas in order to deliver NTVs, conduct maintenance, and meet with the contracting officer as necessary.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Statement of Work.

2.1.5. DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the SOW. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7. OPERATIONAL SECURITY (OPSEC). The process of identifying critical information and subsequently analyzing friendly actions attendant to military operations and other activities to (a) identify those actions that can be observed by adversary intelligence systems, (b) determine indicators that hostile intelligence systems might obtain that could be interpreted or pieced together to derive critical information in time to be useful to adversaries, and (c) select and execute measures that eliminate or reduce to an acceptable level the vulnerabilities of friendly actions to adversary exploitation.

2.1.8. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.9. QUALITY ASSURANCE. The government procedures to verify that maintenance services being performed by the Contractor are performed according to acceptable standards.

2.1.10. QUALITY ASSURANCE Surveillance Plan (QASP). NA

2.1.11. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.12. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.13. WORK DAY. The number of hours per day the Contractor provides maintenance services in accordance with the contract.

2.1.14. WORK WEEK. Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii)

COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense FAR Federal Acquisition Regulation FMC Fully Mission Capable HIPAA Health Insurance Portability and Accountability Act of 1996 IAW In Accordance With KO Contracting Officer NMC Not Mission Capable OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PAX Personnel PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary SOW Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit USG United States Government NTV Non Tactical Vehicle

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Fuel: The U.S. Government (USG) will be responsible for providing fuel for all vehicles. There are no minimum fuel requirements upon Return of vehicles to the contractor.

3.2 Drivers: The U.S. government will be responsible for providing drivers for all vehicles.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall provide specified vehicles and all services required to keep the vehicles in a safe, operational condition. Vehicles will be delivered within the timeframe agreed to in this contract and must meet the minimum acceptance criteria provided herein.

4.2. Insurance: The contractor will carry full insurance (no deductible to the U.S. Government) to cover the cost for replacement or repair parts, collisions, and accidentals. The government will not be held liable for claims generating from any of the above.

4.3. Equipment: The Contractor shall provide all maintenance for the NTV fleet with no interruption in capability to the U.S. Government. On-call replacement vehicles will be required for any inoperable vehicle that can't be driven for more than a 24 hour period. The Contractor is solely responsible for the good repair of the vehicle(s) used to complete the terms of this SOW. The Contractor must comply with all local safety regulations and be able to perform all work as outlined in this SOW.

4.4. Records: The Contractor should maintain records of transactions with the U.S. Government and, upon request, make such records available to the COR within a 24 hour period.

4.5. Vehicles: See Section 5.1 for specific maintenance criteria the NTV fleet must meet.

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Non-Tactical Vehicles. The contractor shall provide all maintenance of the NTV fleet in accordance with the requirements below:

5.1.1. The Contractor shall provide all labor, materials, equipment, and services incidental to support this vehicle requirement.

5.1.1.1. Vehicles acquired under this contract will be 4x4 SUV's and passenger vans. The primary purpose of these vehicles is to provide transportation of personnel and equipment over long distances. Vehicles will only travel in the Ukraine.

5.1.2. When the vehicles are issued they shall be no more than two (2) years old from the date of manufacture at the beginning of the period of performance. Vehicles shall not have any reflective or distinctive markings.

5.1.3. Vehicle Condition. All vehicles delivered will be safe and serviceable in accordance with manufacturer’s specifications. Vehicles shall be provided in good working conditions and without any visible damage that could potentially degrade the safety of the vehicles. Both the interior and exterior shall be free of excessive soil, rust, and damage, and without excessive wear and tear. Vehicles shall be clean and serviceable at the time of delivery, and will be inspected by the Contracting Officer Representative (COR).

5.1.4. Air Conditioning/Heater. Vehicles shall have fully functioning air conditioning and heaters. Vehicles shall have serviceable seatbelts for the driver and passengers. Vehicles shall have serviceable lights (interior and exterior), windshield wipers, horn, parking brake.

5.1.5. Kilometres. The U.S. Government requires 5000 kilometres of usage per month for each vehicle throughout the lifespan of the contract.

5.1.6. Fluids (including fuel) will be full at initial delivery and after maintenance services. The vehicles will be Diesel Fuel Only.

5.1.7. Toll. The U.S. Government shall be responsible for all tolls incurred from use of the vehicles.

5.1.8. Delivery. The contractor shall provide all vehicles (and subsequent delivery of replacement vehicles) to locations determined by the contracting officer. The contractor shall provide all vehicles to the Yavoriv International Peacekeeping and Security Center for initial pick up. All vehicles will be delivered to the U.S. Government with a full tank of diesel fuel. The COR and contractor will coordinate for the return of the vehicles.

5.1.8.1. Vehicle Acceptance. The government will only be liable for damages caused by negligence of U.S.

Government personnel. Before inspection and acceptance of the vehicle a joint contractor/government inspection shall be performed on all vehicles and equipment before acceptance. The inspection shall be documented on a

“Vehicle Inspection Initial Delivery and Acceptance” checklist with photos and both parties will retain a copy. A copy of the contractor’s warranty will be provided upon delivery of the vehicle. All discrepancies must be fixed prior to final acceptance.

5.1.9. The contractor shall comply with all applicable local safety standards. Additionally, each vehicle shall have the following:

i. Rear View Mirror

ii. Windshield Wipers

iii. Front and Rear Windshield Defogger

iv. Functioning Door Locks For Every Door

v. Parking Brake

vi. One Spare Tire

vii. Tire Jack

viii. All Interior And Exterior Lights (Functioning)

ix. Registration and valid license plate

x. Snow chains

xi. Jumper cables

xii. Emergency kit (warning triangles, first aid kit)

xiii. Navigation System

xiv. Heating and AC

5.1.10. Maintenance. The contractor shall perform both scheduled and unscheduled maintenance. The Contractor shall provide all parts, labor, and expertise necessary to complete required maintenance tasks. Parts include those items that must be replaced due to fair wear and tear, such as (but not limited to): windshield wipers, tires, headlights, filters, fluids, and lubricants. At a minimum, the Contractor shall perform scheduled and unscheduled maintenance at a facility that is in keeping with terms and conditions for contract award. The US Government will not be responsible for any maintenance or expenses associated with the maintenance for any vehicles.

The contractor shall provide unscheduled maintenance in order to maintain the vehicles at full mission capability for any immediate repairs required that would cause safety concerns. Unscheduled maintenance is unpredictable maintenance, not classified as maintenance required because of fair wear and tear as defined below, that has not been previously planned or programmed but requires prompt attention. The customer may contact the contractor to troubleshoot or recover any disabled vehicle. The customer may also contact the contractor to repair any safety issues noted by the user.

Scheduled Maintenance involves the following:

- Change engine oil and replace oil filter.

- Perform multi-point inspection

- Rotate and inspect tires; check wheel end play and turning noise

- Inspect and lubricate all non-sealed steering linkage, ball joints, suspension joints, half and drive shafts and u-joints

5.1.11. Cleaning. After the initial issue of the vehicles the USG will be responsible for the cleanliness of the vehicles.

5.1.12. Recovery. Upon notification, the Contractor shall recover disabled vehicles within 24 hours and provide a serviceable replacement vehicle. The service shall be available 7 days a week, 24 hours a day.

5.1.13. Replacements. Replacement vehicles shall be provided for all vehicles that are out of service or exceed 80,000 kilometers. Vehicle replacements for a disabled vehicle shall occur no longer than 24 hours from notification. All replacement vehicles shall be of the same specification as the vehicle being replaced and in accordance with the specifications listed in this SOW.

5.1.14. Legal Compliance. The Contractor shall be responsible for compliance with all pertinent local laws concerning the rental or lease of motor vehicles.

5.1.15. Insurance. The Contractor is responsible for all third party claims of property damage resulting from operation of the Contractor’s vehicles by the U.S. Government. The Contractor shall maintain public liability and property damage insurance during the period of performance at a level sufficient to cover all claims for injury and/or damage referenced above. The cost of parts and labor for maintenance on damages resulting from operator negligence shall be submitted through the Contracting Officer for consideration of payment.

5.1.16. Permits. Without additional cost to the USG, the Contractor shall obtain all permits, licenses, and appointments required for this contract; all documents shall be in compliance with applicable local and country laws.

All vehicles will be registered to enter and operate within Ukraine.

5.1.17. Drivers. The Contractor will not be responsible for proving drivers for the duration of this contract. The Contractor shall not place a restriction on the type of or number of drivers. However, the vendor will be responsible for the delivery and retrieval of all vehicles in the contract.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 POP 15-NOV-2015 TO

14-NOV-2016

N/A 0173 IN HQ HHC IBCT ABN

EVERETT K BENSON

INTERNATIONAL PEACEKEEPING AND

SECURITY CENTE

CENTRAL CITY, BUILDING 5

81052 YAVORIV

UKRAINE

393423287727 FOB: Destination

WARJAA

0002 POP 15-NOV-2015 TO

14-NOV-2016

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

WARJAA

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.204-7 System for Award Management JUL 2013 52.212-2 Evaluation - Commercial Items OCT 2014 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2014 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.232-1 Payments APR 1984 52.232-18 Availability Of Funds APR 1984 52.233-2 Service Of Protest SEP 2006 52.233-3 Protest After Award AUG 1996 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.243-1 Changes--Fixed Price AUG 1987 52.247-34 F.O.B. Destination NOV 1991 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting.

SEP 2015

252.222-7007 Representation Regarding Combating Trafficking in Persons JAN 2015 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7042 Authorization to Perform APR 2003 252.225-7981 (Dev) Additional Access to Contractor and Subcontractor Records

(Other than USCENTCOM) (DEVIATION 2015-O0016)

SEP 2015

252.225-7993 (Dev) Prohibition on Providing Funds to the Enemy (Deviation 2015-O0016)

SEP 2015

252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.211-8 TIME OF DELIVERY (JUN 1997)

(a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

(Contracting Officer insert specific details)

Within Days

After Date

Item No. Quantity of Contract

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE

Within Days

After Date

Item No. Quantity of Contract

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2015)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

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

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted electronically on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212- 3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ .

[Offeror to identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-owned small business concern.

Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture.