B08-Amendment 0002 (Conform Copy)_20220826.pdf

SEE ADDENDUM

(No Collect Calls)

W58D2M22Q0020 20-Jul-2022

b. TELEPHONE NUMBER

39-050-54-8365

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 06 Sep 2022

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.

W58D2M9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CRISTINA PANCACCINI

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0011788545

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

414TH CSB RCO ITALY SUBOFFICE LIVORNO

VIA AURELIA, EDIFICIO 5131

ZONA DEPOSITO

56128 TIRRENIA (PISA)

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 W582RR 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

USAG ITALY

USAG ITALY

VIA VECCHIA LIVORNESE

56128, TIRRENIA PISA

TEL: FAX:

39-050-54-8289FAX:

TEL: 39-050-54-8365/4 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$16,500,000

NAICS:

238220

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 OF100

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.

W58D2M22Q0020

Section SF 30 - BLOCK 14 CONTINUATION PAGE

AMENDMENT 0002

The purpose of this amendment is the following:

1. To extend the quote due-in date from 1 September 2022 11:00 A.M. to 6 September 2022 11:00 A.M.

2. To incorporate DFARS clause 252.217-7028.

3. To replace the existing Performance Work Statement dated 14 Juy 2022 with an Updated Performance Work Statement dated 24 August 2022.

4. To add CLIN 0004 and CLIN 0005 in accordance with Performance Work Statement dated 24 August 2022 paragraph 5.2.1.6 and paragraph 5.2.1.7.

5. To delete the Attachment no. 2 entitled “Price Book”. It is no longer required to fill out this document.

6. To add the Attachment no. 5 for sprinkler system photos and Attachment no. 6 for yard dimension information.

7. To provide the following answers to the questions submitted by a quoter:

The Government hereby provides response to the questions submitted by an interested contractor:

1. QUESTIONS: How many types A, B and C apartments are there?

ANSWER: Type A QTY: 1, Type B QTY: 9, Type C QTY: 11

2. QUESTION: Technical specifications for: Water Pump Starmatic, Water Pump Floating Valve, Water Pump Air Lung, Water Pump Electric Engine.

ANSWER: These items except the floating mechanism shall be managed under the “Over and Above Work” clause 252.217-7028 which will require the contractor to submit a quote and approval by the Government prior start of work.

3. QUESTION: Technical characteristics for: Stove Hood with Fan, Radiator (how many elements).

ANSWER: Stove hoods with light, ventilation and filters, may have external exhaust or internal exhaust with filter systems. Radiators 10-12 elements as normally are provided in Italian apartments and houses that could be constructed in aluminum or iron material. Normally are placed in: kitchen, dining area, living room, in each bathroom, in each bedrooms, in the attic and in the family room.

4. QUESTION: Technical characteristics for: Circuit Breaker.

ANSWER: Circuit breakers are 35 Amps to support 6 kwatts of electrical power

5. QUESTION: Specifications for: Satellite Dish + Kit (diameter etc.).

ANSWER: Diameter 60 or 80 centimeters of diameter

6. QUESTION: Technical characteristics or photo: Chandelier, Appliques.

ANSWER: 220 volts chandeliers and appliques shall be with top cover and no cover underneath in order for the tenant easily remove and reinstall light bulb.

7. QUESTION: Technical features or photo: External Light Fixture.

ANSWER: External light fixture waterproof sealed.

8. QUESTION: Technical characteristics : Irrigation System Sprinkler.

ANSWER: Sprinkle system activated by a natural water coming from the well deep in ground (not potable water).

Replacement of interchangeable rainbird sprinkler heads and up to 50 meters of 1/4" plastic water supply lines. The control box is not a recurring maintenance item and has a longevity that goes past plastic lines and sprinkler heads.

Control modules consistent with sprinkler zones commensurate with lawn in Italy. Please see attached pictures Attachment 5.

9. QUESTION: RFQ indicates that some housing units have yards, can you please provide the square meters of yard to be mowed/trimmed

ANSWER: See Attachment 6.

NOTE: Maintenance and Repair work not listed as a Service Call shall be managed under the “Over and Above Work” clause 252.217-7028 which will require the contractor to submit quote and approval by the Government prior start of work.

AMENDMENT 0001

1.The purpose of this amendment is to delete the clause 52.232-18 entitled "Subject of Availability of Funds (SAF)" and SAF language from the CLINS description. The closing date has been changed from 22 August 2022 to 01 September 2022.

2. Another amendment will be issued to respond to the questions submitted by an interested contractor.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each Scheduled Maintenance

FFP

at the Apartment Type A as described on the Performance Work Statement, Paragraph 5.2.1.1

FOB: Destination

PURCHASE REQUEST NUMBER: 0011788545

PSC CD: J045

NET AMT

0002 4 Each Scheduled Maintenance

FFP

at Apartment Type B as described on the Performance Work Statement Paragraph 5.2.1.2

FOB: Destination

0003 4 Each Scheduled Maintenance

FFP

at the Apartments type C as described on the Performance Work Statement, Paragraph 5.2.1.3

FOB: Destination

0004 120 Each Service Calls

FFP

The service halll be performed in accordance with the Performance Work Statement Paragraph 5.2.1.6. The quoter has submit only one unit price to perform the different minor repair listed at paragraph 5.2.1.6. The quantity estimated per one year is 120 each.

FOB: Destination

0005 1 Job Over & Above Work (Maint/Repair)

FFP

Maintenance and Repair Service of Government Leased Quarters located in Livorno Area and Pisa Area as prescribed by DFARS clause 252.217-7028. The performance will be executed in accordance with the Performance Work Statement, Paragraph 5.2.1.7. Over and Above Work consists of Maintenance & Repair work that are over and above the service call requirements. The quoters are not required to quote this item. The value of this line item will be provided by the Government at time of award.

FOB: Destination

1001 1 Each OPTION Scheduled Maintenance

FFP

at the Apartment Type A as described on the Performance Work Statement, Paragraph 5.2.1.1

1002 4 Each OPTION Scheduled Maintenance

FFP

at Apartment Type B as described on the Performance Work Statement Paragraph 5.2.1.2

1003 4 Each OPTION Scheduled Maintenance

FFP

at the Apartments type C as described on the Performance Work Statement, Paragraph 5.2.1.3

1004 120 Each OPTION Service Calls

FFP

The service halll be performed in accordance with the Performance Work Statement Paragraph 5.2.1.6. The quoter has submit only one unit price to perform the different minor repair listed at paragraph 5.2.1.6. The quantity estimated per one year is 120 each.

1005 1 Job OPTION Over & Above Work (Maint/Repair)

FFP

Maintenance and Repair Service of Government Leased Quarters located in Livorno Area and Pisa Area as prescribed by DFARS clause 252.217-7028. The performance will be executed in accordance with the Performance Work Statement, Paragraph 5.2.1.7. Over and Above Work consists of Maintenance & Repair work that are over and above the service call requirements. The quoters are not required to quote this item. The value of this line item will be provided by the Government at time of award.

2001 1 Each OPTION Scheduled Maintenance

FFP

at the Apartment Type A as described on the Performance Work Statement, Paragraph 5.2.1.1

2002 4 Each OPTION Scheduled Maintenance

FFP

at Apartment Type B as described on the Performance Work Statement Paragraph 5.2.1.2

2003 4 Each OPTION Scheduled Maintenance

FFP

at the Apartments type C as described on the Performance Work Statement, Paragraph 5.2.1.3

2004 120 Each OPTION Service Calls

FFP

The service halll be performed in accordance with the Performance Work Statement Paragraph 5.2.1.6. The quoter has submit only one unit price to perform the different minor repair listed at paragraph 5.2.1.6. The quantity estimated per one year is 120 each.

2005 1 Job OPTION Over & Above Work (Maint/Repair)

FFP

Maintenance and Repair Service of Government Leased Quarters located in Livorno Area and Pisa Area as prescribed by DFARS clause 252.217-7028. The performance will be executed in accordance with the Performance Work Statement, Paragraph 5.2.1.7. Over and Above Work consists of Maintenance & Repair work that are over and above the service call requirements. The quoters are not required to quote this item. The value of this line item will be provided by the Government at time of award.

3001 1 Each OPTION Scheduled Maintenance

FFP

at the Apartment Type A as described on the Performance Work Statement, Paragraph 5.2.1.1

3002 4 Each OPTION Scheduled Maintenance

FFP

at Apartment Type B as described on the Performance Work Statement Paragraph 5.2.1.2

3003 4 Each OPTION Scheduled Maintenance

FFP

at the Apartments type C as described on the Performance Work Statement, Paragraph 5.2.1.3

3004 120 Each OPTION Service Calls

FFP

The service halll be performed in accordance with the Performance Work Statement Paragraph 5.2.1.6. The quoter has submit only one unit price to perform the different minor repair listed at paragraph 5.2.1.6. The quantity estimated per one year is 120 each.

3005 1 Job OPTION Over & Above Work (Maint/Repair)

FFP

Maintenance and Repair Service of Government Leased Quarters located in Livorno Area and Pisa Area as prescribed by DFARS clause 252.217-7028. The performance will be executed in accordance with the Performance Work Statement, Paragraph 5.2.1.7. Over and Above Work consists of Maintenance & Repair work that are over and above the service call requirements. The quoters are not required to quote this item. The value of this line item will be provided by the Government at time of award.

4001 1 Each OPTION Scheduled Maintenance

FFP

at the Apartment Type A as described on the Performance Work Statement, Paragraph 5.2.1.1

4002 4 Each OPTION Scheduled Maintenance

FFP

at Apartment Type B as described on the Performance Work Statement Paragraph 5.2.1.2

4003 4 Each OPTION Scheduled Maintenance

FFP

at the Apartments type C as described on the Performance Work Statement, Paragraph 5.2.1.3

4004 120 Each OPTION Service Calls

FFP

The service halll be performed in accordance with the Performance Work Statement Paragraph 5.2.1.6. The quoter has submit only one unit price to perform the different minor repair listed at paragraph 5.2.1.6. The quantity estimated per one year is 120 each.

4005 1 Job OPTION Over & Above Work (Maint/Repair)

FFP

Maintenance and Repair Service of Government Leased Quarters located in Livorno Area and Pisa Area as prescribed by DFARS clause 252.217-7028. The performance will be executed in accordance with the Performance Work Statement, Paragraph 5.2.1.7. Over and Above Work consists of Maintenance & Repair work that are over and above the service call requirements. The quoters are not required to quote this item. The value of this line item will be provided by the Government at time of award.

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 0004 Destination Government Destination Government 0005 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 1005 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 2005 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 3005 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government 4004 Destination Government Destination Government

4005 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 19-SEP-2022 TO

18-SEP-2023

N/A USAG ITALY

USAG ITALY

VIA VECCHIA LIVORNESE

56128, TIRRENIA PISA

W582RR

0002 POP 19-SEP-2022 TO

18-SEP-2023

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 19-SEP-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 19-SEP-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 19-SEP-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 19-SEP-2023 TO

18-SEP-2024

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 19-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 19-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 19-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1005 POP 19-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 19-SEP-2024 TO

18-SEP-2025

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 19-SEP-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 19-SEP-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 19-SEP-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2005 POP 19-SEP-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 19-SEP-2025 TO

18-SEP-2026

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 19-SEP-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 19-SEP-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 19-SEP-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

3005 POP 19-SEP-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 19-SEP-2026 TO

18-SEP-2027

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 19-SEP-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 19-SEP-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

4004 POP 19-SEP-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

4005 POP 19-SEP-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

(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 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 FAR 32.608-2 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.

(9) The specification.

(t) Reserved.

(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)

ADDENDUM TO 52.212-4

1. In accordance with FAR 12.302, Tailoring of Provisions and Clauses for Acquisition of Commercial Items, FAR 52.212-4 is tailored, as shown below, to reflect the special terms and conditions unique for this contract. The following shall apply to this contract in addition to those terms and conditions in FAR 52.212-4. The specific paragraph of FAR 52.212-4 is tailored as shown below:

a. Inspection and Acceptance. Inspection and acceptance of services under this contract shall be performed by the COR (Contracting Officer’s Representative). Place of inspection and point of acceptance of the services to be provided under this contract shall be at a destination specified in accordance with the delivery information specified above.

b. Invoice: The contractor shall comply with WAWF DFARS Clause 252.232-7006 for submission of invoices. No paper invoices shall be submitted to the Contracting Office for approval. Invoices shall only be submitted through the WAWF electronic system.

2. The contractor shall:

a. Upload the paper version of the invoice in WAWF

b. Upload a valid DURC certificate in WAWF – ONLY APPLICABLE TO ITALIAN COMPANIES

c. Upload the following statement signed in WAWF:

“The amounts requested are only for performance in accordance with the terms and conditions of the contract. All payment due to employees, subcontractors, and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with terms and conditions of the contract, local labor laws and agreements, subcontract agreements, and the requirements of chapter 39 of Title 31, United States Code.”

Contractor: by __________________

3. PARTIAL PAYMENTS ARE AUTHORIZED. Only the actual services rendered in accordance with the Performance Work Statement will be paid.

END OF ADDENDUM

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

JUN 2020

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 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 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-17 Interest MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.246-4 Inspection Of Services--Fixed Price AUG 1996 252.201-7000 Contracting Officer's Representative DEC 1991 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 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7007 Alternate A, Annual Representations and Certifications MAY 2021 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.222-7003 Permit From Italian Inspectorate of Labor 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 MAR 2022 252.225-7041 Correspondence in English JUN 1997 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

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

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

Registered in the System for Award Management (SAM) means that--

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

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM;

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

(4) The Government has marked the record ``Active''.

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

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

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

and

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

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

(b) If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in SAM 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 SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(d)(1)(i) If a Contractor has legally changed its business name or ``doing business as'' name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to--

(A) Change the name in SAM;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

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

(ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the electronic funds transfer (EFT) clause of this contract.

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

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

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

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within contract expiration date.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within contract expiration date ; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT

(FEB 2000)

In the event of inconsistency between any terms of this contract and any translation into another language, the English language meaning shall control.

52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribe, or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS--NOTICE AND REPRESENTATION (JUN

2020)

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

Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area.

United States person as defined in 26 U.S.C. 7701(a)(30) means--

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and

(5) Any trust if--

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C- 1 through 1.5000C-7.

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror would claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that--

(1) It [_]is [_]is not a foreign person; and

(2) If the Offeror indicates ``is'' in paragraph (d)(1) of this provision, then the Offeror represents that--I am claiming on the IRS Form W-14 [__] a full exemption, or [__] partial or no exemption [Offeror shall select one] from the excise tax.

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then--

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract;

and

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.

(f) If the Offeror selects ``is'' in paragraph (d)(1) and ``partial or no exemption'' in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

(End of provision)

52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS (FEB 2021)

Foreign person means any person other than a United States person.

United States person, as defined in 26 U.S.C. 7701(a)(30), means--

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 7701(a)(31)); and

(5) Any trust if--

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) This clause applies only to foreign persons. It implements 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c)(1) If the Contractor is a foreign person and has only a partial or no exemption to the withholding, the Contractor shall include the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, with each voucher or invoice submitted under this contract throughout the period in…