W90VN6-21-R-0052.pdf

SEE ADDENDUM

(No Collect Calls)

W90VN621R0052 25-Aug-2021

b. TELEPHONE NUMBER

315-757-6005

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 01 Sep 2021

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.

W90VN69. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MR. OM, IK-CHUNG

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

F3J2M01166AW01

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

411TH CONTRACTING SUPPORT BRIGADE, KOREA

RCO OSAN, UNIT #2039

APO AP 96278-2039

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 F3J2M0 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

51 AMX/MXAD

UNIT 2026, BLDG 1702

APO AP 96278

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

333999

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 OF18

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.

W90VN621R0052

Section SF 1449 - CONTINUATION SHEET

NOTICE SAEF

SUBJECT TO THE AVAILABILITY OF END-OF YEAR FUNDS (SAEF):

IAW FAR 52.232-18, Availability of Funds;

“Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.”

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 2 Each Electric Aircraft Tug

FFP

Description: TOWFLEXX 5 MIL SPEC Towbarless Electric Remotely Operated Aircraft Tug Type TowFLEXX 5-Series with unique 360 degree technology for aircraft up to max 132,000 lbs/ 60,000 kg

MTOW

- MFR: TOWFLEXX INC. TOWFLEXX 5 Series, Brand Nmae Only

- See attached Limited Source Memo..

FOB: Destination MFR PART NR: Null

PURCHASE REQUEST NUMBER: F3J2M01166AW01

PSC CD: 4920

NET AMT

QUOTTION INFORMATION

ADDENDUM TO FAR 52.212-1, INSTRUCTIONS TO THE OFFEROR(S)

QUOTATION INFORMATION & REQUIREMENT

1. The offeror shall email offer to the contract specialist by the Korea local closing time and date which can be found in Block 8 on page 1 of this solicitation. After submission of the offer, the additional email shall be sent to the contract specialist to verify if offer is received. It is the offeror responsibility to verify receipt of offer from contract specialist before the Korea local closing time and date.

a. Partial quotation/offer will not be considred for award.

2. The offeror(s) shall submit the following requirements IAW Para 1 above.

a. Technical Proposal: Brand Bane Only

i) Technical proposal shall contain description/specification of listed item including manufacturer name and model/part number as applicable.

ii) The proposed item must meet the functional, or performance specified in the solicitation; and must include the manufacturer's name and model/part number as applicable. Copying and pasting speicificaiton as listed in the solicitation for item without providing supporting documentation and/or information is not acceptable, and will not be considered for an award.

b. Price Schedule. Local vendors shall submit the proposed amount with Korea Won.

3. Failure to submit the above requirements may be grounds for determining the proposal to be non-compliant and not eligible to be considered for award.

4. The terms “Quotation” and “Quoter” shall be substituted for “Offer” and “Offeror” in this solicitation.

5. In accordance with FAR 25.1002, solicitations for contracts to be entered into and performed in Korea, to ensure a fair evaluation of offers, the Government will use the Government current fiscal year conversion rate.

(End of Summary of Changes)

BAISIS OF AWARD

Award will be made to the responsible offeror(s) submitting the lowest priced, technically acceptable (LPTA) offer(s) that satisfies all terms and conditions of this solicitation. The following evaluation factors will be used to evaluate each offer: Each non-price factor will be rated as either acceptable or unacceptable. If any of factor is rated as unacceptable, the overall factor rating is unacceptable and the entire proposal is unacceptable.

Factor A: Technical _Brand Name Only

The Government will evaluate the offeror’s proposal against Government’s minimum requirements as specified on the solicitation to determine whether the sample and proposal is acceptable or unacceptable using the ratings and descriptions outlined in table below.

Technical Acceptable/Unacceptable Ratings Rating Description Acceptable Proposal clearly meets the minimum requirements of the solicitation Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation

Factor B: Price (Price will be evaluated in accordance with FAR 15.404.)

DELIVERY/PAYMENT INFORMATION

ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

1. SHIPPING INSTRUCTIONS

The offeror at their discretion may choose either shipping method, Option #1 or #2, to submit their most competitive price to the Government.

Option #1 (Door-to-Door Shipping) (Note: This address shall be the same as identified in Option #2, e.)

Door-to-Door delivery to the following address within 60 calendar days or sooner after receipt of order, FOB: Destination.

51 AMXS / MXAP / USAF

Unit# 2026

APO AP 96278

ATTN: TSGT BELESKY, ERIC M./ (DSN) 315-783-1515

Email: eric,belesky@us.af.mil

Option #2 (Delivery To: Tracy Depot, CA)

a. Ship to address indicated at the below of this order if 70 lbs or less. A Return Receipt should be purchased for the proof of delivery. The Receiving Officer’s name is stated in block 15 of this order.

The purchase order number (W90VN6-21-P-XXXX) must be included in the shipping address.

b. Point of Embarkation (POE) Designation (Over 70 lbs) is Tracy CA: The POE will be within the 48 contiguous states. The contractor should contact the transportation officer at their local Defense Contract Management Agency Office (DCMAO) for cargo booking and shipping instructions when the cargo does not meet the rules specified in the above information or exceeds the limitations for Cargo Excluded from DLA Consolidation and Containerization Activities paragraph listed below. Partial delivery is not authorized.

c. Ship to Government POE: The contractor shall deliver items within 60 calendar days to the

Government POE as:

Freight Shipping Address: SW3225 Defense Logistics Agency Defense Distribution Depot San Joaquin (DDJC)

TCN: F3J2M0-1166-AW01XXX

Tracy Depot Bldg. 29, CCP 25600 South Chrisman Road Tracy, CA 95304-9150 Commercial Number: (209) 839-4037 or 5597 or 4105 For follow up delivery information, send email to dlacontractcenter@dla.mil or call 1-877-352-

Mailing Address:

Defense Logistics Agency Defense Distribution Depot San Joaquin Bldg. 29, CCP PO Box 960001 Stockton, CA 95296-0113

Defense Distribution Region West, Tracy, CA 96376 (Delivery Hours 07:00 – 14:30, M-F)

d. FOR GOVERNMENT USE ONLY:

M/F: To be determined (contract number)

TRANSPORATION CONTROL NUMBER (TCN): F3J2M0-1166-AW01XXX

REQUIRED DELIVERY (POE):

TRANSPORTATION ACCOUNT CODE (TAC): TBD

PROJECT: NA

TRANSPORTATION PRIORITY: 02

SUPPLEMENTAL ADDRESS: Y00000

SIGNAL: A

e. DELIVERY INFORMATION:

MARK FOR: Department of the Air Force, Korea

51 AMXS / MXAP / USAF

Unit# 2026

APO AP 96278

ATTN: TSGT BELESKY, ERIC M./ (DSN) 315-783-1515

Email: eric,belesky@us.af.mil

DLA CONSOLIDATION AND CONTAINERIZATION ACTIVITY POINTS OF CONTACT

DDSP – New Cumberland Facility DDJC – Sharpe Facility DSN Voice/FAX 977-6393/8660 DSN Voice/FAX 462-3381/3273 Com Voice/FAX 717/770-6393/8660 Com Voice/FAX 209/982-3381/3273

THE VENDOR MUST INCLUDE A COPY OF THE CONTRACT (SF 1449 OR DD 1155) IN THE

PACKING LIST ATTACHED TO EACH BOX OR CONTAINER.

f. DLA CONSOLIDATION AND CONTAINERIZATION ACTIVITIES

i) General: Material advanced to a DLA transshipment activity for movement to an OCONUS activity by surface or air movement, especially hazardous material, must be palletized, properly packed, marked and addressed at point of origin for the ultimate consignee and certified for shipment in accordance with selected mode. Those shipments subject DoD or Service established “Air Challenge” criteria must be “offered and cleared” prior to shipment to the DLA consolidation activity. Shipments downgraded to surface must be marked “Air Denied”. Air-eligible shipments containing hazardous material must be shipped directly to the MILSTAMP designated Aerial Port of Embarkation.

ii) Distribution Depot San Joaquin CA (DDJC) SW3225, formerly W62N2A, accepts surface shipments, except as excluded below, for Army, Air Force and Navy activities located in Hawaii and throughout the Pacific; Army customers in Alaska; and Marine Corps customers in Okinawa and Saudi Arabia. DDJC also accepts cleared, air-eligible shipments, except as excluded below, for Army activities throughout the Pacific and Alaska and for Navy OCONUS shipments, except CASREP shipments, throughout the Pacific and Hawaii under BBP code 307.

iii) Distribution Depot Susquehanna PA (DDSP) SW3123, formerly W25N14, accepts surface shipments, except as excluded below, for Army and Air Force activities located in Northern and Southern Europe, Africa, South America, Central America. DDSP also accepts cleared, air-eligible shipments, except as excluded below, for Army activities throughout Northern and Southern Europe, Africa, South and Central America.

g. CARGO EXCLUDED FROM DLA CONSOLIDATION AND CONTAINERIZATION

ACTIVITIES

The following material and/ or shipment types should not be routed to a DLA consolidation and containerization activity:

i) Release unit (RU) shipment or combination of LRU’s which economically (by cube or weight) fill a seavan for a single consignee or overseas breakbulk activity.

ii) Single items oversize to a forty-foot seavan (maximum item dimensions L= 456” x W = 89” x H = 88”, or occupying 75 percent or more of the floor space in a 40-foot seavan).

iii) Air –eligible item(s) outsized to a single 463L pallet (L = 96” x W = 87” x H = 90”); or over 10,000 lbs.; or containing hazardous material.

iv) Navy CASREPS and Air Force and Marine Corps high-priority (TP1 or TP2 designated 999, 777, 555, N__, and E__, or RDD under 21 days (60 days USMC) which have not been downgraded to surface.

v) Foreign Military Sales (FMS) shipments (except authorized special projects).

vi) Shipments consisting of material categorized as follows:

ITEM

WATER COMMODITY CODE

Aircraft, unboxed……………………………..…………………………………..…………..(990-999) Arms, ammunition, explosives and radioactive waste…..…………………….…(40X-499;680-686) Baggage/household goods…..……………………………………………………………..…(360-399) Boats..(DDJC & DDSP can accept boats within the limits of paragraph 1b.)……………(640-642) Bulk cargo, unpacked, dry or liquid……………………………………………….………..(200-299) Classified or intelligence mat’l………………………………………………………….………….NA Controlledsubstances………………………………………………………..……(532/33;537-540/42) Mail..…………………………………………………………………………………………..(610-619) Privately owned vehicles………………………………….………………………………….(300-359) Radioactive material(MILSTAMP Code A)……………………………………………………….NA Refrigerated cargo………………………………………………………………..…………..(100-199) Special cargo…………………………………………………………………………………..(800-899) DDJC & DDSP accept vehicles (except POVs) that can be loaded into a seavan or onto a flatrack.

Subsistence, perishable…………………………………………………………………….…(500-529) MILSTAMP “Type Cargo” code (APPENDIX F20-16)…………………...…A, C, D, F, I, J, P & S

MILSTAMP “Special Handling” codes – Single Handling Condition(APPENDIX F20-18)2, 3, 4, 5, 6,& 7

vii) SHIPPING LABEL

The following may be cut out and used as a shipping label:

F3J2M0-1166-AW01XXX/TP_/RDD/

DDJC CCP M/F: To be determined (Contract Number)

25600 S CHRISMAN RD WHSE 29

TRACY CA 95304-9150

All lines of the address above must be used.

The TCN number, ending in XXX, is applicable to movement of the material in one complete shipment only.

The XXX denotes a total order, which has not been split. If shipment is made in two or more increments, the first increment shall bear the TCN followed by AXX in lieu of XXX. Subsequent shipments shall be marked with the same TCN followed by BXX, CXX, etc., with the final increment bearing a ZXX.

(Example: Two increments would be AXX and ZXX) Multiple boxes shipped at the same time must be labeled 1 of___(total of boxes) 2 of _____, etc.

2. INSPECTION AND ACCEPTANCE: The Receiving Officer of his authorized representative at the respective delivery point shall conduct inspection for condition, quality count and final acceptance of the supplies delivery order. After final acceptance of all items, the payment will be made.

3. NOTICE TO RECEIVING OFFICER (KOREA); Upon receipt and acceptance of supplies/services, the receiving report shall be submitted electronically through Wide Area Work Flow – Receipt and Acceptance (WAWF) at the web site https://wawf.eb.mil.

4. RECEIVING OFFICER’S NOTIFICATION TO PURCHASING ACTIVITY OF NON-RECEIPT,

DAMAGE OR NON-CONFORMANCE: The Receiving Officer shall notify the Purchasing Office promptly after date of delivery specifies in the order, of supplies not received, damaged in transit, or not conforming to specifications of the purchase order. Only under extenuating circumstances should such notification be made later than 15 days after specified date of delivery.

CAUTIONS: Failure to provide a completed receiving report on a timely basis may result in a loss of a discount, in which event the Receiving Officer is required to furnish a reason for delay so that proper documentation may be made to explain the loss.

5. Contractor shall ensure that a copy of Government Purchase/Delivery Order (SF 1449 or DD 1155) is included in Packing List/Invoice ATTACHED to the outside of the shipping container.

6. INVOICE SUBMMITAL:

a. The Contractor shall submit the invoice IAW DFARs 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Upon notification from the Receiving Officer, the invoice shall be submitted electronically through Wide Area Work Flow – Receipt and Acceptance (WAWF) at the web site https://wawf.eb.mil .

b. The invoice for payment will not be processed until all items are delivered.

7. PAYMENT: All requests for payment, invoice, and payment status will be referred to address in block 18a on SF1449 or block 15 on DD1155. Payment will be made NET 30 days from date of receipt of invoice in paying office or acceptance of materials/services by the Receiving Officer in Korea.

8. Partial delivery and partial payment are not authorized.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.212-1 Instructions to Offerors--Commercial Items JUL 2021 52.212-3 Alt I Offeror Representations and Certifications--Commercial

Items (FEB 2021) Alternate I

OCT 2014

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.212-5 (Dev) Contract Terms and Conditions Required to Implement

Statutes or Executive Orders--Commercial Items (Deviation 2018-O0021)

JUL 2021

52.225-14 Inconsistency Between English Version And Translation Of Contract

FEB 2000

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.247-34 F.O.B. Destination NOV 1991 252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-

Contract-Related Felonies

DEC 2008

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.211-7003 Item Unique Identification and Valuation MAR 2016 252.211-7006 Passive Radio Frequency Identification DEC 2019 252.213-7000 Notice to Prospective Suppliers on Use of Supplier

Performance Risk System in Past Performance Evaluations

SEP 2019

252.225-7041 Correspondence in English JUN 1997 252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

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

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

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

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

(b) The Offeror represents that--

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

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

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.

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://acquisition.gov/far/index.html http://www.acq.osd.mil/dpap/dars/dfars/

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://acquisition.gov/far/index.html http://www.acq.osd.mil/dpap/dars/dfars/

(End of clause)

252.209-7999 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law

REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILTIY

OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION 2012-00004) (JAN 2012)

(a) In accordance with sections 8124 and 8125 of Division A of the Consolidated Appropriations Act, 2012, (Pub. L. 112-74) none of the funds made available by that Act may be used to enter into a contract with any corporation that-

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

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

(b) The Offeror represents that –

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

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

252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS

OUTSIDE THE UNITED STATES (JUN 2015)

(a) Definition. United States, as used in this clause, means, the 50 States, the District of Columbia, and outlying areas.

(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall--

(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;

(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;

(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and

(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.

(c) The requirements of this clause do not apply to any subcontractor that is--

(1) A foreign government;

(2) A representative of a foreign government; or

(3) A foreign corporation wholly owned by a foreign government.

(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from [HQDA-AT;

telephone, DSN 222-9832 or commercial (703) 692-9832].

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

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

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

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

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.

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

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

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

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

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

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

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

COMBO

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

COMBO

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

N/A

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

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC F3J2M0

Issue By DoDAAC W90VN6

Admin DoDAAC** W90VN6

Inspect By DoDAAC F3J2M0

Ship To Code

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) F3J2M0

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system

ATTN: TSgt Eric Belesky

(DSN) 783-1515, E-mail: eric.belesky@us.af.mil

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

ATTN: TSgt Eric Belesky

(DSN) 783-1515, E-mail: eric.belesky@us.af.mil

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

LIMTED SOURCE JUSTIFICATION

Memorandum for Record – Limiting Competition at or below the Simplified

Acquisition Threshold

1. Contracting Activity: 411th CSB, RCO-Osan, APO AP 96266

2. Description of Action: This requirement is for the purchase of 2 each TowFlexx 5- Series remotely operated tow vehicles.

Nature: New Requirement Follow-on Requirement

Contract Vehicle: Purchase Order Number F3J2M01181AW01

Blanket Purchase Agreement (BPA) Number _______________ Order/BPA# _______ against FSS Contract #_____ _________ Order #___________ against Multiple Award IDIQ Contract Name or #______________

Order #_______ against a single award IDC Contract

Modification # _______ to existing PO/TO/DO/Call Order

Pricing/Contract Type: Fixed Price Time & Materials/Labor Hours Cost Reimbursable Hybrid (insert percentage of each contract type)

Funds: Operations & Maintenance, Army (OMA) Other Funds: AF

FY: 21

Name of Proposed Contractor(s) and Address:

_Towflexx Inc

4901 CHESTER CREEK ROAD

BROOKHAVEN, PA 19015

Brand Name Buy: Yes No

3. Description of Services or Supplies: Purchase of two remotely operated tow vehicles. These are manufactured by TowFlexx Inc., and are in the “5 Series” product line.

4. Authority:

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

5. Reasons for Authority Cited: This tow handler will decrease the number of maintenance personnel required for towing operations on both the A-10 and F-16 AMU’s. Additionally, the tow handler will reduce the number of people required to physically push the aircraft back into the HAS on the F-16 AMU side from eight (8) personnel to three (3) with the tow handler due to the ramp layout, which requires aircraft to stop in front of the HAS and be physically pushed back into the HPAS. 51 AMXS will use the tow handler in everyday operations as well as in contingency and TDY operations. Purchasing this tow handler would allow the AMU’s to allocate manpower in other areas, thus increasing the production capabilities of the AMU allowing them to better support each fighter.

The TowFlexx TM-5 Series was the only model researched by the USAF that does not place undue stress on the Nose Landing Gear (NLG) of the F-16 aircraft unlike other models, such as the MOTOTOK And LEKTRO models which lift the NLG off the ground and then physically turn the NLG with the tow vehicle. The TowFlexx TM-5 Series lifts the NLG, but then the tow vehicle rotates around the gear which does not stress the NLG. The 51st AMXS obtained quotes from other sources, but due to F-16 and A-10 structural engineer disapproval at the SPO, did not further pursue these quotes with MOTOTOK and LEKTRO.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 do not apply due to the $ threshold, apply and will be followed, or do not apply due to an exception at

5.202 ______________________.

7. Market Research: The RCO-Osan posted a RFQ on 12 July 2020 – 3 Aug 2020 for the servicing on the agency existing Tox-Flexx equipment. The only company that quoted was the OEM (Tow-Flexx), therefore one with a reasonable mind set would determine that the only source for the equipment purchase of the Tow-Flexx bars is the OEM (Tow-Flexx).

8. Other Facts: 51 AMXS already has a fleet of 16 Towflexx Series 5 units. Additionally, we maintain a yearly service contract for these specific make and models.

9. Technical/Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

10. Contracting Officer Certification/Approval: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon a price analysis in accordance with FAR Part 13 based pricing for the same or similar items.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.