W564KV-18-R-0010.pdf

SEE ADDENDUM

(No Collect Calls)

W564KV-18-R-0010 06-Feb-2018

b. TELEPHONE NUMBER

0631-411-5597

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 07 Mar 2018

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

LAURI D ANTON

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

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

0011116934

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 WK4B9S 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

HQ USAREUR G1

HQ USAREUR G1

UNIT 29351

APO

UNITED STATES OF AMERICA (THE)

TEL: 049-6372-8423728 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$11,000,000

NAICS:

561990

X

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF81

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.

Section SF 1449 - CONTINUATION SHEET

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

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

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$5,000.00 $6,200,000.00

CLIN DELIVERY/TASK ORDER MAXIMUM CLIN ORDER VALUE

The maximum order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum order value stated in the following table.

CLIN MAXIMUM AMOUNT

0003 $26,000.00

1002 $26,000.00

2002 $26,000.00

ITEM NO SUPPLIES/SERVICES MAX

UNIT UNIT PRICE MAX AMOUNT

0001 1 Job One-Month Phase-In

FFP

One-month Phase-In In Accordance With (IAW) the Performance Work

Statement (PWS) Section 1.5.1.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011116934

PSC CD: R706

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 264 Months Property Book and Unit Supply Techs

FFP

Contractor shall provide Property Book and Unit Supply augmentation services

IAW the PWS included herein for the base period. Month is equal to "Man-

Month."

FOB: Destination

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 1 Job Travel

FFP

Contractor shall support travel requirements IAW the PWS incldued herein during the base period. Approved travel expenses - based on actual cost and in accordance with FAR Part 31.205-46 - will be authorized on a Firm Fixed Price basis by Task Order. Overhead, General and Administrative cost and fee/profit are not allowable on travel expenses. For evaluation purposes, use the NTE value of

$26,000.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

1001 288 Months OPTION Property Book and Unit Supply Techs

FFP

Contractor shall provide Property Book and Unit Supply augmentation services

IAW the PWS included herein for the option one period. Month is equal to "Man-

Month."

1002 1 Job OPTION Travel

FFP

Contractor shall support travel requirements IAW the PWS incldued herein during the option one period. Approved travel expenses - based on actual cost and in accordance with FAR Part 31.205-46 - will be authorized on a Firm Fixed Price basis by Task Order. Overhead, General and Administrative cost and fee/profit are not allowable on travel expenses. For evaluation purposes, use the NTE value of

$26,000.

UNIT UNIT PRICE MAX AMOUNT

2001 288 Months OPTION Property Book and Unit Supply Techs

FFP

Contractor shall provide Property Book and Unit Supply augmentation services

IAW the PWS included herein for the option two period. Month is equal to

"Man-Month."

2002 1 Job OPTION Travel

FFP

Contractor shall support travel requirements IAW the PWS incldued herein during the option two period. Approved travel expenses - based on actual cost and in accordance with FAR Part 31.205-46 - will be authorized on a Firm Fixed Price basis by Task Order. Overhead, General and Administrative cost and fee/profit are not allowable on travel expenses. For evaluation purposes, use the NTE value of

$26,000.

UNIT UNIT PRICE MAX AMOUNT

7500 1 Each Contractor Manpower Report (CMR)

FFP

Contractor shall provide CMR IAW the Secretary of the Army guidance included in PWS Section 5.6.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

7501 1 Each OPTION Contractor Manpower Report (CMR)

FFP

Contractor shall provide CMR IAW the Secretary of the Army guidance included in PWS Section 5.6.

UNIT UNIT PRICE MAX AMOUNT

7502 1 Each OPTION Contractor Manpower Report (CMR)

FFP

Contractor shall provide CMR IAW the Secretary of the Army guidance included in PWS Section 5.6.

UNIT UNIT PRICE MAX AMOUNT

7503 1 Each OPTION Contractor Manpower Report (CMR)

FFP

Contractor shall provide CMR IAW the Secretary of the Army guidance included in PWS Section 5.6.

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

0003 Destination Government Destination Government

1001 Destination Government Destination Government

1002 Destination Government Destination Government

2001 Destination Government Destination Government

2002 Destination Government Destination Government

7500 Destination Government Destination Government

7501 Destination Government Destination Government

7502 Destination Government Destination Government

7503 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 25-APR-2018 TO

24-MAY-2018

N/A HQ USAREUR G1

HQ USAREUR G1

UNIT 29351

APO

UNITED STATES OF AMERICA (THE)

049-6372-8423728

WK4B9S

0002 POP 25-MAY-2018 TO

24-APR-2019

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 25-MAY-2018 TO

24-APR-2019

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 25-APR-2019 TO

24-APR-2020

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 25-APR-2019 TO

24-APR-2020

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 25-APR-2020 TO

24-APR-2021

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 25-APR-2020 TO

24-APR-2021

N/A (SAME AS PREVIOUS LOCATION)

7500 31-OCT-2018 1 (SAME AS PREVIOUS LOCATION)

7501 31-OCT-2019 1 (SAME AS PREVIOUS LOCATION)

7502 31-OCT-2020 1 (SAME AS PREVIOUS LOCATION)

7503 31-OCT-2021 1 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items JAN 2017

CLAUSE(S) 52.212-1 - ADDENDUM TO 52.212-1

Paragraph (b) is supplemented as follows:

(b) Submission of Offers

(2) Proposals shall be submitted prior to the closing date and time identified in block 8 of the SF 1449, or pursuant to the latest issued SF 30 amendment. Local Time means Central European Time.

Proposals shall be submitted electronically to the following email addresses:

Contracting Officer: Mara Strobel at mara.a.strobel.civ@mail.mil

Contract Specialist: Lauri Anton at lauri.d.anton.civ@mail.mil

A .The point of contact responsible for supplying additional information and answering all inquiries is the Contracting Officer (KO) via the Contract Specialist. Address all questions or concerns the

Offeror may have to the Contract Specialist, Lauri Anton, no less than 10 business days prior to solicitation closing.

B. Acceptance of Proposals. The Government reserves the right to consider as acceptable only those proposals submitted in accordance with all requirements set forth or referenced in this solicitation and which demonstrate an understanding of the scope of the requirement.

C. Proposal Preparation Instructions:

1. Offeror's proposal shall consist of four separate volumes: RFP Documents, Technical Capability, Past Performance, and Price.

D. Proposal Format.

1. Exceptions. Offerors are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors and subfactors. Failure to meet a requirement may result in an offer being ineligible for award. If the Offeror finds it necessary to take exception to any of the requirements specified in this solicitation, the Offeror shall clearly identify the applicable Volume and exceptions with a complete explanation of why the exception was taken, what benefit accrues to the Government (if any), and its impact, if any, on the performance, schedule, cost, and specific requirements of the solicitation. Each exception shall be specifically related to each paragraph and/or specific part of the solicitation to which the exception is taken. Offerors are cautioned that taking an exception may render the offer ineligible for award. Offeror shall contact the contract specialist immediately and prior to solicitation closing upon identifying an area that may result in an exception. This information shall be provided in the format below.

Solicitation

Document Page/

Paragraph Requirement/

Portion Rationale &

Impact Section B, PWS, Clause

52.212-1 Addendum, Clause 52.212-2, etc.

Applicable

Page and

Paragraph

Numbers

Identify the requirement or portion to which exception is taken

Describe the rationale and impact of the exception

2. Cross-references shall be utilized to preclude unnecessary duplication of data between sections.

The file name shall be “Company Name – Initial – Volume #” for the first submission. The file name of later submissions (if necessary), shall be “Company Name – Revision X – Volume #’ with X indicating the number of the revision. Page limitations are as follows:

VOLUME TITLE PAGE LIMIT

I RFP Documents No Limit

II Technical Capability 50 Pages

a. Experience See above for Technical Capability

b. Key Personnel Experience Qualifications See above for Technical Capability

c. Quality Control Plan See above for Technical Capability

III Past Performance Four (4) pages per reference

IV Price No Limit mailto:mara.a.strobel.civ@mail.mil mailto:lauri.d.anton.civ@mail.mil

3. Indexing. Each volume shall contain a more detailed table of contents to delineate the subparagraphs within that volume. Tab indexing shall be used to identify sections.

4. Glossary of Abbreviations and Acronyms. Each volume shall contain a glossary of all abbreviations and acronyms used, with a definition for each.

5. Cover page, title page, table of contents, index, and glossary of abbreviations and acronyms shall not be counted as part of the page limit for the Technical Capability volume.

6. Except for exhibits, paper size shall be 8.5 x 11 inches or DIN A4 typed or printed and 12 point Times New Roman font shall be used.

D. Proposal Content

1. The four volumes shall be independent of each other and information pertaining to technical, past performance, and price shall be confined to the appropriate volume. Offerors are cautioned that no reference to proposed price/cost should be made in the technical and/or the past performance volumes.

2. Offerors shall comply with all requirements of the proposal submission instructions. Failure to comply may eliminate an offer from consideration. Any offer that states, includes or alludes to the proposed price(s) in the technical volume or in the past performance documentation may be determined to be unacceptable and may not be considered for award. The Offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers.

Volume I - RFP Documents

Offerors are required to submit a completed Standard Form (SF) 1449 (including acknowledgment of

Amendments SF 30), Solicitation, Offer, and Award, Representation and Certifications, and, any exceptions, if applicable.

Volume II - Technical Capability

Subfactor 1 - Experience

Subfactor 2 - Key Personnel Experience Qualifications

Subfactor 3 - Quality Control Plan

The technical proposal shall be clear, concise, and include all stated elements to ensure effective evaluation and for substantiating the validity of stated claims in the Offeror’s proposal. The proposal should not simply rephrase or restate the Government’s requirements, but rather shall provide convincing rationale to address how the Offeror intends to meet these requirements. Statements that the Offeror understands, can, or will comply with the PWS (including reference publications, technical data, etc.);

statements paraphrasing the PWS or parts thereof (including applicable publications, technical data, etc.);

and phrases such as “standard procedures will be employed”; or “well known techniques will be used”, etc. will be considered unacceptable. Offerors shall assume that the Government has no prior knowledge of their facilities and experience, and will base its evaluation on the information presented in the

Offeror's proposal. Elaborate brochures or documentation, binding, detailed art work, or other embellishments are unnecessary and are not desired.

The Technical Capability Volume shall, at a minimum, be prepared in a form consistent with the evaluation criteria for award set forth in the provision "52.212-2 Evaluation-Commercial Items”. The

Technical Capability Volume shall be organized according to the following general outline:

Subfactor 1: Experience

The Offeror's proposal shall provide documentation to show no less than three (3) years of business experience (within the last five (5) years) managing European-based, geographically dispersed property book and unit supply operations using Property Book and Unit Supply - Expanded

(PBUSE) and Defense Property Accounting System (DPAS).

In addition to addressing the essential service requirements described in the PWS, the Offeror's proposal shall demonstrate experience recruiting and retaining qualified levels of Supply

Technicians, in accordance with PWS Section 1.5.12.2, within the USAREUR/EUCOM AOR.

In addition to the Past Performance information provided in Volume III, the Offeror shall provide documentation to show at least two (2) years of experience working for the U.S. Government, either directly or as a Subcontractor. Proposal shall include details of the type of work performed, relationship to the U.S. Government (i.e. Prime Contractor or Subcontractor), length and value of the contract(s), and if available all contract number(s).

Subfactor 2: Key Personnel Experience Qualifications

The Offeror’s proposal shall include the names, resumes with qualifications, and signed commitment letters for the Key Personnel positions stipulated in PWS Section 1.5.16.

Subfactor 3: Quality Control Plan

The Offeror's proposal shall include a Quality Control Plan (QCP) that addresses the business’s plan to provide, maintain, and monitor quality services to the Government in the anticipated contract.

Volume III - Past Performance

The Offeror shall submit, along with the information required in this paragraph, a consent letter, executed by each subcontractor, teaming partner, and/or joint venture partner, authorizing release of adverse past performance information to the Offeror, so the Offeror can respond to such information. For each identified effort for a commercial customer, the Offeror shall also submit a client authorization letter, authorizing release to the Government of requested information on the Offeror's performance.

Consent Letters executed by each subcontractor, teaming partner, and/or joint venture partner, authorizing release of past performance information. A sample Consent Letter is provided at Attachment 1.

Client Authorization Letters for each identified effort for a commercial customer authorizing release to the

Government of requested information on the Offeror's performance.

The Offeror shall include documentation regarding their relevant past performance as it directly relates to the work being procured under this solicitation. The Offeror SHALL NOT go back any farther than three

(3) years from the posting date of the solicitation for the submitted data. The past performance data shall document a successful history of past contract performance.

Specific Relevant Contract Sheets. Offeror shall provide separate Contract Sheets for no more than three (3) past performance references outlining their past performance with contracts - either as a prime or major subcontractor - which is the same or similar in scope, dollar, and complexity to the services being procured under this solicitation. The Contract Sheet(s) shall include rationale supporting assertions of relevance and how it was determined that the work performed previously is the same or similar in nature, size, and complexity of the services specified in this solicitation. Offerors are required to explain what aspects of the referenced contracts are deemed relevant to the proposed effort, and to which aspects of the proposed effort they relate. A sample

Specific Relevant Contract Sheet is provided at Attachment 2.

Offerors are reminded that both independent data and data provided by Offerors in their proposals may be used by the Government to evaluate Offeror past performance. However, the burden of providing thorough, complete, and current past performance information as requested in this paragraph remains with the Offerors. Proposals that do not contain the requested information risk rejection or a less than acceptable performance rating. All past performance comments received will be taken into account and could affect the overall rating. The overall past performance evaluation is a subjective decision based on the entirety of all data received.

Volume IV - Price

Price volume shall include completed SF 1449 with unit and total prices annotated for each CLIN in the

Phase-in, Base, and all Option periods. Line items 0003, 1002 and 2002 are for mission related travel expenses and will be approved by the Contracting Officer's Representative (COR) prior to travel in accordance with the Performance Work Statement section 1.5.18 and FAR 31.205-46. Plug numbers/estimated not-to-Exceed (NTE) prices are provided in the CLIN descriptions for use in proposals.

Offerors should not change the amounts annotated for these CLINs.

The Offeror's Total Evaluated Price (TEP) will be calculated by adding the total of all base and option

CLIN extended prices (excludes the Phase-in CLIN 0001). All offers shall be submitted in Dollars. For information, the authorized FY18 conversion rate from Dollars to Euros is .9329.

CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017

52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014

52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984

52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.237-3 Continuity Of Services JAN 1991

52.242-13 Bankruptcy JUL 1995

52.246-4 Inspection Of Services--Fixed Price AUG 1996

52.246-25 Limitation Of Liability--Services FEB 1997

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A System for Award Management Alternate A FEB 2014

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

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

252.215-7008 Only One Offer OCT 2013

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7012 Preference For Certain Domestic Commodities DEC 2016

252.225-7041 Correspondence in English 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

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.204-20 Predecessor of Offeror (JUL 2016)

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

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.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

(End of provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian

Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a

Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than

$10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the

Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations

Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not 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 an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment 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 an 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; and

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

52.212-2 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:

(1) Factor 1 – Technical Capability

This is a Lowest Priced Technically Acceptable (LPTA) source selection conducted in accordance with Federal

Acquisition Regulation (FAR) Part 12 (Acquisition of Commercial Items) and Part 13 (Simplified Acquisition

Procedures), as supplemented by the Defense Federal Acquisition Regulation Supplement (DFARS), and the Army

Federal Acquisition Regulation Supplement (AFARS). Award will be made to a single Offeror who is deemed https://www.acquisition.gov/ responsible in accordance with the Federal Acquisition Regulation (FAR), on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors, and whose proposal, judged by an overall assessment of the evaluation criteria and other considerations specified in this solicitation, represents the

LPTA offer.

The technical proposal will be evaluated separately from the price proposal, in accordance with the criteria shown below. Technical proposals will be rated as acceptable or unacceptable on each of the criteria listed below.

Technical Acceptable/Unacceptable Ratings Rating Description Acceptable Proposal demonstrates the ability to meet the required technical experience, key personnel experience qualifications, and includes a QCP meeting all requirements.

Unacceptable Proposal did not demonstrate the ability to meet the required technical experience, key personnel experience qualifications, and/or did not include a QCP meeting all requirements.

Technical Capability subfactors will receive one of the adjectival rating defined above. The subfactor ratings will be used to determine an overall rating for the factor. All subfactors are critical. A rating of unacceptable for any subfactor will result in an overall factor rating of unacceptable.

SUBFACTOR 1: Experience

In order to be considered acceptable, the proposal shall articulate successful performance in all areas listed in the PWS on at least one single contract or multiple concurrent contracts within the past three (3) years for the same or similar services equal in complexity to general warehousing, storage, material handling and property/major equipment accounting; of similar magnitude, which provides service to multiple locations. Refer to the Addendum to 52.212-1 for additional information.

SUBFACTOR 2: Key Personnel Experience Qualifications

In order to be considered acceptable, the proposal shall include names, resumes and commitment letters for offered Key Personnel and adequately describe how they meet or exceed the experience qualifications stipulated in PWS Section 1.5.12.1 for the key positions of Project Manager and Alternate Project

Manager.

SUBFACTOR 3: Quality Control Plan

To be acceptable, proposals shall include a Quality Control Plan (QCP) that addresses the business' plan to provide, maintain and monitor quality services to the Government in the anticipated contract to include the following:

Offeror's organizational structure and lines of authority, the names, qualifications, duties, responsibilities, and classification of each member of the Offeror's Quality Control Team.

How the Offeror will monitor work to ensure that performance complies with all timelines, deadlines, and goals.

How the Offeror will monitor work to ensure that performance complies will all specifications and requirements of the contract, including clauses.

How the Offeror will monitor and ensure staff qualifications remain current and valid throughout contract performance.

How the Offeror will identify, investigate, and correct any non-conforming performance and how future similar deficiencies will be prevented.

Offeror's anticipated methods of communicating with the Government regarding performance of the contract.

How the Offeror will file and save all quality control related documents for the life of the contract plus five years.

(2) Factor 2 - Past Performance

Past Performance will be evaluated on an acceptable or unacceptable basis IAW FAR 13.106-2. The evaluation will assess the Offeror’s probability of meeting solicitation requirements as indicated by that Offeror’s record of recent past performance information that is relevant to the services outlined in the solicitation. It is at the Government’s discretion to determine whether past performance information furnished is or is not considered recent and relevant.

(a) Recency Assessment. To be recent, the effort (services) must be ongoing or must have been performed during the past three (3) years from the date of receipt of proposals and have been at least six (6) months in duration. Past performance information that fails this condition will be determined unacceptable.

(b) Relevant Assessment. An assessment of the past performance information will be made to determine if it is relevant. To be found relevant, the effort (services) must be of same/similar scope, complexity and dollar/euro value to the services described within this solicitation.

(c) Assigning Ratings. The Past Performance Factor will be assigned one of the ratings defined below.

Past Performance Evaluation Ratings 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 Offeror's 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.

(d) Offerors 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, may not be evaluated favorably or unfavorably on past performance. Therefore, the Offeror shall be determined to have unknown Past Performance. In the context of acceptability/unacceptability, "unknown" shall be considered "acceptable."

(3) Factor 3 - Price

a) Evaluation of price will be performed using one or more of the price analysis techniques in FAR

13.106-3(a). Through these techniques the Government will determine whether prices are fair, reasonable and complete.

b) For award puroposes, the Government will evaluate offers by adding the total price for all options to the total price for the basic requirement, EXCLUDING the Phase-in CLIN 0001. To account for the option period(s) possible under Clause 52.217-8 (maximum six months), Option to Extend Services, the Government will take the price for all CLINs of the final option period

(to include the Travel CLIN (2002) priced at $26,000 NTE), prorate it to a six- month value, and add it to the sum of all CLINs (base plus all option periods). This amount will be the Total

Evaluated Price (TEP).

c) The Phase-in CLIN (0001) will be evaluated for price fair and reasonable using the techniques in FAR 13.106-3(a), but is NOT included in TEP.

(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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)

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 located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means—

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“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.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance

Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a

State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their https://www.sam.gov/portal http://www.dol.gov/fairpayandsafeworkplaces capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment

Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

"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).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment

Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the

FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of

``labor laws''.

“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;

http://www.osha.gov/dcsp/osp/approved_state_plans.html

(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.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“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…