Troiani_Combo_Solicitation.pdf

INTRODUCTION

A. This is a Combined Synopsis/Solicitation for commercial items prepared in accordance with the format in FAR Part 12.6 as supplemented with additional information in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

B. The combined synopsis and Request for Quotation (RFQ) number is: W56HZV-16-R-L172.

C. This solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular, FAC 2005-88 15 AUGUST 2016.

D. Small Business Set-Aside: No

E. Posting Date: 22 September 2016

F. Response Date: No later than 14:00 hrs. (2:00 p.m.), local Warren, MI time on 26 September 2016.

G. Contracting Office: Army Contracting Command - Warren (ACC-WRN) 6501 E. Eleven Mile, Warren, MI 48397.

H. The NAICS code applicable to this acquisition is 712110. Offeror must be certified under this NAICS code prior to receiving an award.

I. This Combined Synopsis Solicitation contains clauses and provisions requiring a fill-in or representation (e.g. FAR 52.212-3). Offeror shall submit a copy of this Combined Synopsis Solicitation with their bid and respond to these clauses and provisions accordingly. A failure to complete these fill-ins may cause your offer to be determined ineligible for award.

***TOTAL PROPOSED COST AMOUNT: $__________________________.

J. The proposed contract action is for supplies for which the Government intends to solicit and negotiate with only one source under the authority of other than full and open competition for this action is 10 U.S.C. 2304(c) (1) as implemented by FAR 13.501(a). “Soliciting from a Single Source” Interested persons may identify their interest and capability to respond to the requirement or submit proposals before the closing date of this solicitation. A determination by the Government not to compete this proposed contract based upon responses to this notice is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement. The Government intends to negotiate and award this contract to Troiani, Don - CAGE# 77KH5.

II. GENERAL

A. The Center for Military History (CMH) in Fort McNair, Washington, has a requirement for the following:

A large collection of Historic US Army Militaria. The collection contains exceptionally rare pieces not already in the US Army Museums Collection. See attachment A, Purchase Description for a list of the specific items.

Offeror shall include all shipping charges and deliver supplies F.O.B. DESTINATION to the following address:

US Army Center for Military History Collections Branch (MSC-B) Dieter Stenger 9955 Tracy Loop, Bldg 765 Fort Belvoir, VA 22060

Offeror shall satisfy requirement over a period of performance of:

All items must be delivered 120 days after award

B. This acquisition is unrated under the Defense Priorities and Allocations System (DPAS)

C. Quotes must be received by ACC-WRN no later than 14:00 hrs. (2:00 p.m.), local Warren, MI time on 26th September 2016. All Army Contracting Command – Warren (DTA) Email questions and quotes to elizabeth.a.colpaert.civ@mail.mil. Offeror must be registered in System for Award Management (SAM) prior to receiving an award. Refer to website https://www.sam.gov/portal/public/SAM/.

D. Deliverables:

Description of Supplies/Services: Collection of Historic US Army Militaria.

Item Provenance

Complete uniform of Sgt. Charles Darling 4th Massachusetts Cavalry (as pictured in the Time – Life Series “Echoes of Glory”). Consists of Yellow piped jacket, mounted trousers, slouch hat, saber and gauntlets. Associated period boots and cavalry waist belt. Ex Stametalos collection.

Yellow Piped Jacket

Mounted Trousers

Slouch Hat

Gauntlet

Gauntlet

Associated Period Boot

Associated Period Boot

Cavalry Waist Belt

1830s striped Hudson Bay blanket of Captain Washington Hood, US Army Topographical Engineers.

17th, 18th Century iron hand grenade. Excellent excavated condition, with wide casting seam.

approx. 3’ in diameter

A rare and extremely fine condition military matchlock in approx. 79 caliber. This example is complete with A Suhl maker marking on the barrel circa 1680 and with inspection of all components and construction would appear to be from the 1st quarter of the 17th Century. From a very old and respected collection. It features a serpentine cock with rectangular pan and swivel mounted pan cover. The stock is unadorned and the form with the barrel and furniture provide conclusive evidence that is was made for military service.

A unique pair of military pole arms from one the most recognized Germanic provinces that provided troops for the American Revolution. Both the Officer's spontoon and Sergeants partizan are complete and in fine condition. Both have full staffs with original blades with large engraved the running horse and cyphers of Carl Duke of Brunswick. Most of the Brunswick troops in America served during the Saratoga Campaign of 1777 where most were surrendered.

Engraving on both sides of the blades. For the pair.

Pole Arm - Officer's Spontoon

Pole Arm - Sergeants Partizan

Mid-17th Century Lobster tail helmet in excellent condition, probably Dutch or German. C 1650-

80. Type used in colonial America.

mailto:elizabeth.a.colpaert.civ@mail.mil http://www.sam.gov/portal/public/SAM/

Rare archive of Lt. Robert Pennick King, Jr., 15th U.S. Infantry (regular army) from July 10, 1861 to June 20, 1864 consisting of 22 interesting, clear and well written manuscript letters in ink from King to his family outlining experiences in this Western Theater unit, including camp life, marches, army politics and battles, among which is a detailed letter describing the Battle of Stones River. There is also an intriguing letter from King's father on City of Philadelphia stationery addressed to Sec. of War Stanton asking that his son be allowed to be stationed at nearby Camp Cadwalader while he recuperates from an illness. The back of the accompanying envelope has a handwritten copy of a message from Pres. Abraham Lincoln to grant the request.

There is also an important seven-page typescript of a letter (no longer with the group) from Lt.

Col. William W. Wise to King's father giving an excellent and detailed description of the Battle of Shiloh. Along with miscellaneous papers is a wonderful, colorful, satirical watercolor of a Union officer (probably King) sporting a "theatrical box" for a hat. King served in the 15th from May, 1861 to Jan, 1865.

Model 1858 U.S. Army regulation officer's "Hardee" pattern dress hat worn by Colonel William Baker Curtis of the 12th West Virginia Infantry, one of the very first ever manufactured, as evidenced by the maker's address in the lining. Complete in every respect with all original ornamentation, including rare embroidered State of Virginia staff insignia, eagle side plate, hat cord, ostrich plume, and velvet Virginia button cockade. In addition to an excellent history, one of the finest examples known and featured in several publications.

Collection of Civil War soldier’s camp games. An assortment and selection of patriotic and attributed wartime games, ranging from the very first, to the most popular, versions of the 1862 patent Union Playing Cards to the 1862 patent National Chessboard and State Seal Chessboard with the checkered square playing fields respectively being albumens of a beardless Lincoln and his Generals and the Schuyler, Hartley & Graham seals of the States of the Union. All accompanied by the original bone chessmen and checkers. Additionally, a very rare game board devoted to guerrilla warfare, plus documented field-made sets of dominoes and other dice games devised by various soldiers. Extremely colorful graphics of the period and highlighted by period photographic support.

17th-Century, iron forged New England Halberd from Plymouth, Massachusetts.

The overall length from the tip of the spike to the bottom of the two straps for holding onto the haft is 34". It has the typical cruciform shape with a 7" spike in the center. The cross piece is 11" wide and is integrally forged with the spike and has a beak on one side and a crescent moon on the other. It is socket mounted (socket is 2" in diameter at the base) with period rose heads through the two original 13" forged iron blade-deflecting straps to a 68" long haft. The haft is a modern replacement using old wood. The 34" iron halberd head is likely New England made and was discovered in Plymouth, Massachusetts and is typical of those used by early settlers of Plymouth colony.

Complete set (4) of 1808 US Light Dragoon brass cap letters (USLD) in excellent condition, excavated near Fort Dearborn, MS in the 1970s.

1808 US Light Dragoon brass cap letter - U

1808 US Light Dragoon brass cap letter - S

1808 US Light Dragoon brass cap letter - L

1808 US Light Dragoon brass cap letter - D

Cap worn by Chaplain Thomas P. Hunt of the 2nd Pennsylvania Heavy Artillery. Chaplains were prescribed by army regulations in 1861 a black frock coat with black cloth-covered buttons, and Chaplain Hunt chose for himself a complementary cap, custom-made of black velvet with black cloth-covered buttons as well. Though in 1861 no cap device for chaplains was specified, in actual practice the US staff wreath was occasionally worn and officially authorized by 1864. The Baker & McKenney imprint with the 63 Walker Street address is especially important, as after founder John Baker died, his wife took over the business and joined with McKenney. In December of 1864, the location changed to 141 Grand Street, where it remained until the 1880s.

A very rare piece of Civil War headgear.

Extremely rare pair of Union "Color Bearer" sleeve insignia as worn on the jacket, coat, or blouse of whatever soldier was chosen or volunteered for the honor of carrying and waving the flag of his regiment in the heat of battle. Among the most desirable of all Civil War embroidered devices, composed of silk-woven crossed US flags with gold bullion staffs & tassels rendered on a field of dark blue wool.

Union "Color Bearer" Seleeve Insignia

Union "Color Bearer" Seleeve Insignia

Pair of outstanding U.S. Army regulation Captain of Ordnance full dress epaulettes (both with correct insignia devices and buttons) worn by Capt. James Gilchrist Benton of the Ordnance Corps as an instructor of Ordnance and Gunnery at West Point from 1857 to 1861, then as principal assistant to the Chief of Ordnance from 1861 to 1863, after which he was promoted to Major and commanded Washington Arsenal. An officer with a fabulous history as an inventor, recognized artist, and the author of a notable and timeless West Point textbook - Ordnance and Gunnery, A Course of Instruction for the Cadets of the Military Academy. Fully documented and acquired directly from a lineal descendant.

U.S. Army regulation Captain of Ordnance full dress epaulette

U.S. Army regulation Captain of Ordnance full dress epaulette

A pair of c.1834 oil portraits of Captain Allen Rabineau (1808–1893), of the Lafayette Guards, New York State Militia, and his wife and daughter, Mary Francis Zabriskie (1810-1863) and Jane Rabineau (1830-1888). Captain Rabineau’s portrait is a wonderful representation of the enormously popular militia movement of the 1830’s, as both an unusually fine painting and a superb depiction of the splendid uniform of one of the most elite unit among the many volunteer corps in New York City at the time. The portraits were almost certainly painted c.1834-6 by a New York artist who is as yet unidentified, but was clearly of considerable talent.

Captain Rabineau’s portrait

Portrait of Mary Frances Zabriskie Rabineau, with their daughter Jane

Very fine c 1625 European Cabassett helmet of forged iron with brass rosettes and original cheek pieces (very rare to find these still attached) lined with buff leather (possibly19th Century replacement )

Exceptional and unique Civil War carte d'visite album belonging to an unidentified member of the fabled Berdan's 1st U.S. Sharp Shooters. Album consists of fifteen heavy cardboard pages each with two CDVs on each side. Within the pages are fifteen individual identified images of members of this unit including an extraordinarily rare full length image of Sgt. James Staples, Co.

G, (KIA, Glendale Va.) with his Colt Revolving Rifle and wearing the unit's "grey felt seamless overcoat" and "hair covered calfskin knapsack." Also included: two views of Lt. Perrin Judkins, Co. G (KIA Todds Tavern), Capt. Henry Garrison, Co. I (WIA Gettysburg), Lt. Charles Stevens, Co. G, unit historian and regimental history author (WIA Mechanicsville, WIA Cold Harbor), Lt.

Col. Frederick Mears (Col. of 4th U.S. Infantry postwar), Pvt. Issac Barker, Co. G (died as reaction to vaccination), 1st Sgt. James Webster, Co G (WIA Wilderness), Lt. Gardner Clark, Co.

C (WIA Gettysburg, WIA Wilderness), Lt. Edwin Wilson, Co. C (WIA Chancellorsville, WIA Cold Harbor), Sgt. Henry Lye, Co. G (KIA Gettysburg), Capt. Albert Buxton, Co. H, 2nd USSS (WIA Gettysburg, KIA Wilderness), Sgt. George Griffin, Co. G (WIA Hatcher's Run, scalped by Indians postwar), Lt. Henry Kinsman, Co. F (WIA Wilderness), and rare views of Col. Hiram Berdan and II Corps Brigade Commander Keyes. Also in the album are identified CDVs of three members of the 93rd NY Vol. Inf (two WIA) and an officer of the 57th Pa. Vol. Inf. (WIA Gettysburg).

Additional photos include a couple of currently unidentified military officers and ladies who are apparently the wives or girlfriends of some of the Sharp Shooters. A truly outstanding and historic collection of images of members of one of the Civil War's foremost regiments, most of whom have wonderful stories included in the regimental history. None finer!

Union brigadier general's frock coat. Fine navy blue wool with midnight blue velvet collar and cuffs. Brass eagle staff buttons set by twos. Single bordered black velvet shoulders traps somewhat worn with very large silver stars. Green quilted lining. A few minor areas of slight mothing. With accompanying post war photos, papers, GAR ribbons, newspaper clippings, grave flag, etc. Letter from Bouton family. Also with boxed set of solid silver Tiffany marked spurs with straps and letter from Officers of 61st US Colored troops presenting them to Bouton.

Uniform of Brig. Gen'l. Edward Bouton who commanded a hard fighting brigade at the Battles of Tupelo and Brice’s Cross roads. He also commanded battery "I" 1st IL. LA at the Battle of Shiloh and served as chief of Sherman's artillery. Grant declared him "one of the best generals in the army”. Historic grouping from the best brigade commander of black troops.

Frock Coat - Brig. Gen'l. Edward Bouton

Accompanying Post War Photos and Papers - Brig. Gen'l. Edward Bouton

Newspaper Clippings - Brig. Gen'l. Edward Bouton

GAR ribbons - Brig. Gen'l. Edward Bouton

Grave Flag - Brig. Gen'l. Edward Bouton

Letter from Bouton Family - Brig. Gen'l. Edward Bouton

Solid Silver Tiffany Marked Spurs - Part of Box Set - Brig. Gen'l. Edward Bouton

Solid Silver Tiffany Marked Spurs - Part of Box Set - Brig. Gen'l. Edward Bouton

Mexican Flintlock carbine captured in the Mexican War and brought home as a trophy by a US Regular Army officer and so labeled

US Topographical Engineer officer’s frock coat with “TE “ buttons’

Civil War Union Army forage cap worn by Surgeon John Cooper of New York, the ONLY known example with GREEN welt piping trim to designate the Federal medical branch of service.

Extremely historic Civil War 11th New York "Ellsworth Fire Zouaves" chasseur cap worn by Lt.

Henry Jacob Winser at the very moment he accompanied Colonel Elmer E. Ellsworth atop the Marshall House, handed him his pocketknife to cut down the offending Confederate flag, and caught his martyred body as it fell from Secessionist proprietor James W. Jackson's deadly shotgun blast

Extremely rare, circa 1841 to 1861 U.S. Army Topographical Engineers officer's cap insignia, being a gold-embroidered wreath of oak leaves encircling a gold-embroidered shield upon a black wool felt ground

Wooden drum canteen inscribed "D.K. Stannard T. T. Co. E, 49th Mass. Port Hudson, July 8th 1863." With original burlap sling. Stopper and nozzle missing, very good condition, untouched dark patina. With family documentation letter.

US Military Railroad Conductor’s badge of engraved silver. Only known specimen!

CW woolen horse blanket. British import. Light tan woven wool, hard tight finish. Black stenciled broad arrow and "WD'. Very rare, imported from England. Only known specimen

US Mule bridle with bit and blinders complete

Wooden drum canteen bound in brass with pewter neck spout. Dark wood with remains of old varnish coating. Three brass strap loops. Carved into side "John Johnson 2d Connecticut Battery" Johnson served with the battery from Gettysburg thru the campaigns at Mobile and Alabama. He mustered out in 1865. Scarce with the brass straps.

Large framed group photograph of an entire company of the 44th Massachusetts Regiment in

US Dragoon Officer’s valise, leather with blue wool cover and brass number 1 on each end.

US Regulation Cavalry horse brush found on the battle of Winchester, US marked, the only known example.

US 3rd Division 3rd Army Corps Officers cloth Corps Badge with bullion edging

Very derate Wooden drum canteen with iron hoops painted with old gold paint. Carved on the sides ATLANTA, SEPT 4th 1864," and on the other a 20th Army Corps badge within a circle with a "3" in the center surrounded by “EDWIN THOMSON, CoA 31st WIS VOL INFTY". Old varnish finish. One of the nicest carved canteens I've seen.

Black frame type knapsack inscribed to the 71st New York Regiment.

Superb elaborate carved wooden smoking pipe by Andrew F Skidmore.

Stem is carved as a figure of a rattlesnake and President Lincoln ". The bull's head which has the nostrils drilled cover says "From the Bull Run Battlefield" The sides are decorated with beautifully carved relief state seals and a stand of crossed flags). The bottom of the cannon barrel says, "Made in camp Jan 1862 ", July 18th and 21st, Lewinsville, Sept 25th,". He was killed by a sharpshooter in the trenches at Yorktown, Virginia,5/2/62 A stupendous Civil War relic and besides possibly the finest known civil war pipe and fabulous example of early American folk art and carving.

Wooden drum canteen with iron hoops. Period inked label pasted to the side ". With remains of gun sling shoulder strap. Corporal Henry A Smith served with Company I, of the 27th Connecticut Volunteers and was captured May 3, 1863. He was send to Richmond and paroled home on May 14, 1863. Very historical with great history.

US Gutta Percha Artillery water bucket c 1860 , painted on the front “1st Battery” perfect condition

US Artillery red issue saddle blanket, few known specimens.

Collection of Civil War Union Artillery Harness and traces. Extremely rare almost none survives.

Canvas knapsack complete belonging to a soldier of the 5th Massachusetts Regiment with painted flap.

Pair of Berdan Sharpshooter’s tall leather leggings with US inspectors markings (only known pair)

Leather Legging

Leather Legging

Silver 13th Massachusetts Regiment Messenger’s Badge.

US Artillery driver’s saddle, complete in excellent condition.

Very fine officer's sword with etched blade. Excellent grips with single strand wire. Pierced guard.

Brass mounted leather scabbard. With old family note “my grandfather, Capt. John Curtis Ayers.

Margaret F. Stetler. “Ayers served as a Lt in Company I of the 53rd Massachusetts.

Sword - Ayers

Scabbard - Ayers

US Artillery horse bit with bridle and reins complete

US Watering bit with reins

Original Recruiting broadside for German troops of the Duke of Brunswick in North America 1779.

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (MAY 2015)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

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

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601- 613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

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

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

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

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

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

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

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

(i) Payment.--

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance.

In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C.

1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C.

431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C.

40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

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

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

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

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

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

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause)

52.252-1 – SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/

[End of Provision]

52.204-4016 – (LOCAL WARREN) ACC-WARREN ELECTRONIC CONTRACTING (AUG 2015)

(a) All Army Contracting Command – Warren (DTA) solicitations and awards are distributed on the Army Contracting Command – Warren Procurement Network (ProcNet) Business Opportunities website (https://contracting.tacom.army.mil/opportunity.htm) and are no longer available in hard copy. The Technical Data Packages (TDPs) can be found in Section C under 52.211-4072 and other documents will be attachments or links included in the solicitation package on ProcNet.

https://www.acquisition.gov/ http://farsite.hill.af.mil/ https://contracting.tacom.army.mil/opportunity.htm

(b) You may need to use special software to view documents that we post on ProcNet. This viewing software is freeware, available for download at no cost from commercial websites like Microsoft and Adobe. In cases where such software is required, we provide a link from ProcNet to the commercial site where the software is available. Once you arrive at the software developer's site, follow its instructions to download the free viewer.

You can then return to the ProcNet.

(c) Unless directed to do otherwise in Section L of this solicitation, you are required to submit your offer, bid, or quote electronically, via the Army Single Face to Industry (ASFI) Online Bid Response System (BRS). For detailed information about submitting your offer electronically, please see https://contracting.tacom.army.mil/acqinfo/ebidnotice.htm.

(d) Requirements for the online ASFI bid submission:

(1) You must be registered in the System for Award Management (SAM) at www.sam.gov (a Federal Government owned and operated free web site) and have a CAGE Code and CCR Marketing Partner Identification Number (MPIN).

(2) If you found the solicitation on ProcNet, use the following link to the Start Bid Page on the ASFI BRS website for this solicitation: https://acquisition.army.mil/asfi/solicitation_view.cfm

(3) If you found the solicitation by searching on ASFI, you can start the online bidding process by using the Start Bid button on the ASFI Solicitation View page. You may also access the ASFI BRS by going to https://acquisition.army.mil/asfi/ and clicking on the Contracting Opportunities Search to find the solicitation.

(4) Once in the ASFI BRS, you will be asked to enter basic information and will then be directed to upload one or more files containing your offer and information required by the solicitation.

(5) You will receive a confirmation of your bid upon completion of the bid submission process.

(6) You can find detailed BRS user instructions on the ASFI website at https://acquisition.army.mil/asfi/BRS_guide.doc.

(e) Note to offerors:

Your attention is called to the solicitation closing date and time as stated on the cover page of this solicitation, local time for the Army contracting Command - Warren, (DTA), Michigan. In accordance with FAR 15.208(a), offerors are responsible for submitting proposals, and any revisions, and modifications, so as to be received by the Government office designated in the solicitation by the time specified.

It is the offeror's responsibility to ensure its proposal is received by the date and time specified on the cover page of this solicitation. In accordance with FAR 15.208, if your proposal was not received at the initial point of entry to the Government infrastructure (in this case, received through ASFI) by the exact date and time specified on the cover page of this solicitation, it will be determined late. Proposal, as the term is used here, means ALL volumes and/or parts of the proposal.

Note: There is no "expected" or "target" length of time for proposal submission; size and content may be factors, therefore offerors are strongly cautioned to submit their proposals allowing adequate time for submission.

Solicitations may remain posted on the AFSI Open Solicitation Web page after the solicitation closes. Even though the system will allow you to submit a proposal after the closing date/time, your proposal will be considered late and may not be considered for award. If you are responding to a Request for Proposal, your offer will not be considered if it is submitted after the closing date and time unless one of the exceptions is met at FAR 15.208(b). If you are responding to a Request for Quotation, your quote may be considered if it is received after the closing date, and it will not unduly delay award.

https://contracting.tacom.army.mil/acqinfo/ebidnotice.htm file:///C:/Users/lynn.m.byrne/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.IE5/AppData/Local/Microsoft/AppData/Local/Microsoft/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.IE5/AppData/Local/Microsoft/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/KEITH.O.TONEY/AppData/Roaming/Microsoft/AppData/Local/Microsoft/Windows/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Cheryl.Johns/AppData/Local/Microsoft/Jill.P.Lanham/Documents/SharePoint%20Drafts/www.sam.gov https://acquisition.army.mil/asfi/solicitation_view.cfm https://acquisition.army.mil/asfi https://acquisition.army.mil/asfi/BRS_guide.doc

(f) Any award issued as a result of this solicitation will be distributed electronically. Awards and modifications posted on ProcNet represent complete OFFICIAL copies of contract awards and will include the awarded unit price. This is the notice required by Executive Order 12600 (June 23, 1987) of our intention to release unit prices in response to any request under the Freedom of Information Act (FOIA), 5 USC 552. Unit price is defined as the contract price per unit or item purchased as it appears in Section B of the contract and is NOT referring to nor does it include Cost or Pricing data/information. If you object to such release in the base contract or contract modifications, and you intend to submit an offer, notify the contracting officer in writing prior to the closing date identified in this solicitation and include the rationale for your objection consistent with the provisions of FOIA. A release determination will be made based on rationale given.

(g) If you have questions or need help using ProcNet, call our E-Commerce Contracting Help Desk at (586) 282-7059, or send an email to usarmy.detroit.acc.mbx.wrn-web-page-request@mail.mil. If you have questions about the content of any specific item posted on the ProcNet, please call the contract specialist or point of contact listed for the item. For technical assistance in doing business with the Government, and doing business electronically, please visit the Procurement Technical Assistance Center website at http://www.dla.mil/SmallBusiness/Pages/ProcurementTechnicalAssistanceCenters.aspx to find a location near you.

52.212-3, ALT 1 – OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (NOV 2014)

An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov . If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) 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.

“Inverted domestic corporation,” as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

http://www.acquisition.gov/

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 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.