16Q0159.doc

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Attached to
HEXAGON MAINTENANCE Federal contract opportunity
Solicitation number
W911PT16Q0159
Issued by
Department of the Army Materiel Command TACOM Life Cycle Management Command

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SOLE SOURCE PROCUREMENT WITH HEXAGON METROLOGY FOR HEXAGON METROLOGY YEARLY SOFTWARE/MAINTENANCE

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Section SF 30 - BLOCK 14 CONTINUATION PAGE

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(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.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by 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.acquisition.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 must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

Invoice 2-in-1 (Services Only)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

Not Applicable

(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

HQ0303

Issue By DoDAAC

W911PT

Admin DoDAAC

W911PT

Inspect By DoDAAC

N/A Ship To Code

Ship From Code

Mark For Code

Service Approver (DoDAAC) N/A Service Acceptor (DoDAAC)

W911PT

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

N/A Other DoDAAC(s)

N/A

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(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.

N/A

(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.

N/A

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

(End of clause)

Section SF 1449 - CONTINUATION SHEET

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

IGF::OT::IGF PC-DMIS SOFTWARE MAINTENANC

FFP

Description: ANNUAL PC-DMIS SOFTWARE MAINTENCE AGREEMENT FOR CMM'S.

FOB: Destination

NSN: AASSVC621001H0

MILSTRIP: W16H1F621001H0

PURCHASE REQUEST NUMBER: W16H1F621001H0

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

IGF::OT::IGF CMM MAINTENANCE

Description: CMM MAINTENCE AGREEMENT. SEE SCOPE OF WORK.

FOB: Destination

NSN: AASSVC624401PQ

MILSTRIP: W16H1F624401PQ

PURCHASE REQUEST NUMBER: W16H1F624401PQ

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

IGF::OT::IGF PC DMIS UPGRADE

Description: PC-DMIS CAD TO CAD++ UPGRADE MID; 43582 M672040

FOB: Destination

NSN: AASSVC621001H1

MILSTRIP: W16H1F621001H1

PURCHASE REQUEST NUMBER: W16H1F621001H1

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

IGF::OT::IGF CMR

Contractor Manpower Report System is also required. Requiring Activity UIC W0K9AA is provided to facilitate reporting. THIS REPORTING IS REQUIRED. Website is https://cmra.army.mil

FOB: Destination

NET AMT

CMM MAINTENANCE

Statement of Work: CMM Maintenance Agreement (CMA)

September 23, 2016

1. General

1.1. Purpose: This Scope of Work will serve to define the Calibration & Covered Repair services for the nine Coordinate Measuring Machines (CMM’s), identified below, located at Watervliet Arsenal (WVA)

1.2. Duration: Covered Repair Services will be for a one year period.

2. Calibration:

2.1. Specific Calibration (certification) Services Covered by this Scope of Work shall be applicable to the following CMM units owned by WVA at the Levels indicated. Preventative Maintenance Service will be performed on all machines at the time of their annual certification.

2.1.1. Sheffield RS-150; VA 97-2, Ser. No.M-0060-0997 in Bldg. 35 QC Lab

A. Certify to B89.4.1 2001 (step gage), Enhanced Performance Level 1, to include: Repeatability (sphere), Volumetric Performance (ball bar) and Linear Displacement Accuracy.

2.1.2. Cordax 1808; VA 86-01, Ser. No.2-49261185 in Bldg. 20 QC Lab

A. Certify to B89.4.1 2001 (step gage), Enhanced Performance Level 1, to include: Repeatability (sphere), Volumetric Performance (ball bar) and Linear Displacement Accuracy. (Coverage to 5/31/17)

2.1.3. Sheffield RS-150; VA 89-02, Ser. No.A-0102 in Bldg. 20 QC Lab

A. Certify to B89.4.1 2001 (step gage), Enhanced Performance Level 1, to include: Repeatability (sphere), Volumetric Performance (ball bar) and Linear Displacement Accuracy. (Coverage to 2/28/17)

2.1.4. Global Adv. 122210; VA 2011-159, Ser. No.0411-6509UA in Bldg. 35 Metrology Lab

A. Certify to B89.4.1 2001 (step gage), Enhanced Performance Level 1, to include: Repeatability (sphere), Volumetric Performance (ball bar) and Linear Displacement Accuracy.

2.1.5. Xcel 7107; VA 94-4, Ser. No.0694-326 in Bldg. 35 Metrology Lab

A. Certify to B89.4 2001, Basic Performance Level 1, to include: Repeatability (sphere), Volumetric Performance (ball bar)

2.1.6. Xcel 7107; VA 94-3, Ser. No.0694-325 in Bldg. 35 Rec. Insp. Lab

A. Certify to B89.4 2001, Basic Performance Level 1, to include: Repeatability (sphere), Volumetric Performance (ball bar)

2.1.7. Global Performance 7107; VA 2016-13, Ser. No.0815-1461UA in Bldg. 25 QA Lab

A. Certify to ISO 10360-2 2001, Basic Performance Level 2, to include: Probe Error (sphere), Size: 5 Length Standards, 7 Positions.

2.1.8. Global Performance 7107; VA 2016-40, Ser. No.0516-1449UA in Bldg. 25 QA Lab

A. Certify to ISO 10360-2 2001, Basic Performance Level 2, to include: Probe Error (sphere), Size: 5 Length Standards, 7 Positions. (Coverage from 7/31/17)

2.1.9. Global Performance 9128; VA TBD, Ser. No.0516-6120UA in Bldg. 20 QA Lab

A. Certify to ISO 10360-2 2001, Basic Performance Level 2, to include: Probe Error (sphere), Size: 5 Length Standards, 7 Positions. (Coverage from 7/31/17)

2.2 Acceptance:

Upon successful completion of the Certifications detailed in 2.1, a Certificate of Calibration will be issued for each CMM detailing the actual values for each component of the applicable certification requirement and its relationship to factory specification.

3. Corrective Action Repairs:

3.1. Reference Vendor Quote #AS20160608

3.1.1. At WVA request, and pursuant to preliminary telephonic efforts, Hexagon Metrology will dispatch a factory trained technician to troubleshoot & Repair any of the nine CMM’s identified above during the contract period within the time period exceptions as noted above.

3.1.2. Items covered will include all parts physically mounted, contained or connected to the CMM, the computer, the machine controller, printer and monitor, probe controllers and cabling. Also included are all labor, transportation and associated expenses.

3.1.3. Items not covered under this agreement are the operating software, probe heads, probes and styli, removable modular fixturing and associated components. In addition, the Sharpe32 machine controllers on the 2 Xcel CMM’s are considered to be obsolete and, as such, will not be included in the repair agreement.

3.2. Acceptance

Upon successful completion of any repair performed, a service report will be issued detailing the cause of the problem, the actions taken to remedy the issue and any parts used to restore the CMM to an operational state of readiness.

4. POC

3.1. Primary POC will be Mike Adamczak, x3918

3.2. Secondary POC will be Merico Catallo, x4184

Michael T. Adamczak

ODQ-A

Sr. Engineering Technician, Mechanical

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN
INSPECT AT
INSPECT BY
ACCEPT AT
ACCEPT BY
0001
N/A
N/A
N/A
Government
0002
N/A
N/A
N/A
Government
0003
N/A
N/A
N/A
Government
0004
N/A
N/A
N/A
Government

DELIVERY INFORMATION

CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
DODAAC
0001
30-OCT-2017
1
ARMY CONTRACTING COMMAND-WARREN (WVA)

CONTRACTING

ATTN: CCTA-HDW/BLDG 10

1 BUFFINGTON STREET

WATERVLIET NY 12189-4000

W911PT

0002
30-OCT-2017
1
(SAME AS PREVIOUS LOCATION)

W911PT

0003
30-OCT-2017
1
(SAME AS PREVIOUS LOCATION)

W911PT

0004
N/A
N/A
N/A
N/A

CLAUSES INCORPORATED BY REFERENCE

52.204-7
System for Award Management
JUL 2013
52.204-9
Personal Identity Verification of Contractor Personnel
JAN 2011
52.204-10
Reporting Executive Compensation and First-Tier Subcontract Awards
OCT 2015
52.204-13
System for Award Management Maintenance
JUL 2013
52.204-16
Commercial and Government Entity Code Reporting
JUL 2016
52.204-17
Ownership or Control of Offeror
JUL 2016
52.209-2
Prohibition on Contracting with Inverted Domestic Corporations--Representation
NOV 2015
52.209-6
Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-10
Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.212-1
Instructions to Offerors--Commercial Items
OCT 2015
52.212-4
Contract Terms and Conditions--Commercial Items
MAY 2015
52.214-34
Submission Of Offers In The English Language
APR 1991
52.214-35
Submission Of Offers In U.S. Currency
APR 1991
52.219-4
Notice of Price Evaluation Preference for HUBZone Small Business Concerns
OCT 2014
52.222-3
Convict Labor
JUN 2003
52.222-21
Prohibition Of Segregated Facilities
APR 2015
52.222-26
Equal Opportunity
APR 2015
52.222-41
Service Contract Labor Standards
MAY 2014
52.222-48
Exemption from Application of Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification
MAY 2014
52.222-50
Combating Trafficking in Persons
MAR 2015
52.222-52
Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification
MAY 2014
52.222-55
Minimum Wages Under Executive Order 13658
DEC 2015
52.223-5
Pollution Prevention and Right-to-Know Information
MAY 2011
52.223-18
Encouraging Contractor Policies To Ban Text Messaging While Driving
AUG 2011
52.225-13
Restrictions on Certain Foreign Purchases
JUN 2008
52.225-20
Prohibition on Conducting Restricted Business Operations in Sudan--Certification
AUG 2009
52.232-28
Invitation to Propose Performance-Based Payments
MAR 2000
52.232-33
Payment by Electronic Funds Transfer--System for Award Management
JUL 2013
52.233-1
Disputes
MAY 2014
52.233-3
Protest After Award
AUG 1996
52.237-1
Site Visit
APR 1984
52.237-2
Protection Of Government Buildings, Equipment, And Vegetation
APR 1984
52.237-3
Continuity Of Services
JAN 1991
52.242-15
Stop-Work Order
AUG 1989
52.243-1 Alt I
Changes--Fixed Price (Aug 1987) - Alternate I
APR 1984
52.247-34
F.O.B. Destination
NOV 1991
52.253-1
Computer Generated Forms
JAN 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 Alt A
System for Award Management Alternate A
FEB 2014
252.204-7008
Compliance With Safeguarding Covered Defense Information Controls
DEC 2015
252.204-7012
Safeguarding Covered Defense Information and Cyber Incident Reporting.
DEC 2015
252.204-7015
Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.223-7006
Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials
SEP 2014
252.223-7008
Prohibition of Hexavalent Chromium
JUN 2013
252.225-7001
Buy American And Balance Of Payments Program-- Basic (Aug 2016)
AUG 2016
252.225-7002
Qualifying Country Sources As Subcontractors
AUG 2016
252.225-7048
Export-Controlled Items
JUN 2013
252.232-7003
Electronic Submission of Payment Requests and Receiving Reports
JUN 2012
252.232-7010
Levies on Contract Payments
DEC 2006
252.243-7001
Pricing Of Contract Modifications
DEC 1991
252.247-7023
Transportation of Supplies by Sea
APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.0000-4002 REQUEST FOR QUOTE RESPONSES (Aug 2015) (ACC-WRN (WVA))

*** NOTICE – Vendors should not use the ASFI Bid Response System for submitting quote responses to this office as of 10 August 2015****

ALL RESPONSES MUST BE ELECTRONIC. YOU MAY SUBMIT YOUR QUOTE RESPONSES USING ONE OF THE FOLLOWING METHODS:

Email to ___KELLY.A.BERDAR.CIV@MAIL.MIL Fax to ___

As of 10 August 2015, you may use the Federal Business Opportunities (FBO) System. Offers received after this date using the ASFI Bid Response System (ASFI BRS), may be deemed non-responsive.

(c) Requirements for the online FBO bid submission:

(1) Vendors must login to the FBO System to be able to submit electronic responses for opportunities.

(2) Vendors must also 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).

(3) Once logged into the FBO System, vendors will be asked to enter basic information and then will be directed to upload one or more files containing the offer and any additional information as outlined in the solicitation.

(4) FBO will send an email to the email address on file for the user confirming the electronic submission.

(5) For additional information on submitting electronic bid responses via the Federal Business Opportunities System reference the FBO Vendor Guide – Section 4.3.1 Submitting an Electronic Response Topic (https://www.fbo.gov/downloads/FBO_Vendor_Guide.pdf).

REQUEST FOR QUOTES MUST BE FILLED OUT COMPLETELY AND SENT IN ITS ENTIRETY TO BE CONSIDERED RESPONSIVE.

(END OF NOTICE)

52.0000-4020 ACCESS AND GENERAL PROTECTION/SECURITY POLICY AND PROCEDURES (MAR 2015) (ACC-WRN)

a. The contractor and all associated subcontractors’ employees shall comply with applicable installation, facility, and area commander installation and facility access and local security policies and procedures (provided by the Government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services, or Security Office. The contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9 “Personal Identity Verification of Contractor Personnel”) as directed by DoD, HQDA, and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

b. For contractors requiring Common Access Card (CAC). Before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05, The contractor employee will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of six (6) months or more. At the discretion of the sponsoring activity, an initial CAC may be issued on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personal Management (see clause 52.204-4959 “Trusted Associate Sponsorship System (TASS) Program” (Local ACC-WRN (WVA)).

c. For contractors that do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards, and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (see “Watervliet Arsenal (WVA) Information For Contractors” incorporated by reference in ACC-WRN (WVA) notice 52.0000-4200, “Notice of Watervliet Arsenal Information/Requirements” and available at: http://www.wva.army.mil/Documents/Contracting/WAIC.pdf ) or at OCONUS locations, in accordance with Status of Forces Agreement and other theater regulations.

(End of Clause)

52.0000-4200 NOTICE OF WATERVLIET ARSENAL INFORMATION/REQUIREMENTS (Dec 2014) (ACC-WRN(WVA)):

IMPORTANT DELIVERY/QUALITY REQUIREMENTS:

ALL OFFERORS MUST CAREFULLY REVIEW THE DELIVERY REQUIREMENT IN THE REQUEST FOR QUOTE OR SOLICITATION. WHEN SUBMITTING AN OFFER/BID, PLEASE ENSURE THAT YOU CAN MEET THE DELIVERY SCHEDULE.

ON TIME DELIVERY IS VERY CRITICAL. THEREFORE, YOU MUST ADHERE TO THE DELIVERY REQUIREMENTS INDICATED IN ANY RESULTANT AWARD. FAILURE TO COMPLY WITH THE CONTRACTUAL DELIVERY SCHEDULE, MAY RESULT IN TERMINATION OF THE ORDER OR REQUIRE CONSIDERATION IF THE GOVERNMENT ELECTS TO EXTEND DELIVERY. (NOTE: Non-availability of raw materials, subcontractor issues, scheduling conflicts, should be considered at the time you are submitting your offer/bid. They are not acceptable excuses for failing to meet the delivery after award).

PROVIDING QUALITY PRODUCTS THAT CONFORM TO THE CONTRACT ARE JUST AS IMPORTANT AS MEETING THE REQUIRED DELIVERY. DELIVERY OF NON-CONFORMING PRODUCTS RESULTS IN DELIVERY DELAYS AND INCREASED COSTS TO THE ARSENAL.

PAST PERFORMANCE FOR QUALITY AND DELIVERY MAY BE A MAJOR CONSIDERATION IN MAKING DETERMINATIONS FOR FUTURE CONTRACT AWARDS.

NOTICE: Throughout this document we may use the terms “we” and “you”, the term “we” means the government of the United States of America, and the term “you” means the contractor.

WATERVLIET ARSENAL INFORMATION FOR CONTRACTORS:

“Watervliet Arsenal Information for Contractors” document is incorporated by reference in all solicitations and contracts. The full text version of the instructions is available at Internet address: http://www.wva.army.mil/Documents/Contracting/WAIC.pdf Upon request, the contracting officer will make its full text available.”

POC - CONTRACT SPECIALIST/BUYER: _______________KELLY BERDAR

TELEPHONE NUMBER: 518-266-_____

E-MAIL ADDRESS: _____KELLY.A.BERDAR.CIV@MAIL.MIL

CONTRACTOR DUNS NUMBER/CAGE CODE/FAX NUMBER:

Please provide the following information for your company.

VENDOR NAME: _________________________

VENDOR POC: __________________________

POC PHONE: ____________________________

E-MAIL ADDRESS (see note below): __________________________

DUNS NUMBER _______________________

CAGE CODE (if known) __________________

TAX ID NUMBER ________________________

VENDOR FAX NUMBER ________________

NOTE: Your e-mail address is required so that in the event you receive the resultant award, we can e-mail it to you. If we experience difficulties with e-mail, it will be datafaxed.

AWCF BULK FUND DOES APPLY

POSTERS:

Walsh-Healey Act/Service Contract Act. Orders subject to these Acts require contractors to post WH Publication 1313, “Employee Rights on Government Contracts”.

Construction Orders. Orders for construction require contractors to post WH Publication 1321, “Employee Rights under the Davis Bacon Act” and the Office of Federal Contract Compliance poster on “Equal Employment Opportunity is the Law.”

These posters can be accessed electronically at http://www.dol.gov .

Hard copies of the posters will be made available upon request to the contracting officer.

PAYMENTS:

Any vendor that receives an award (except those paid by credit card or accommodation check) can view invoice payments made by DFAS at https://wawf.eb.mil/ using the “my invoice” system. You will be required to register in order to view payments. Payment information is maintained for 120 days from invoice payment. Vendors can find out when invoices have been paid by Electronic Funds Transfer (EFT), etc. This website can save valuable time and frustration over billing questions and it is a free service.

RELEASE OF INFORMATION:

The contractor shall not release or authorize release of DoD specifications; acceptance test results; information involving critical military technology; or any other information in which the DoD maintains proprietary rights, or is otherwise confidential or classified. This restriction includes any endorsement by the Department of Army of a contractor. Release of information under the circumstances referenced above requires the prior written approval of the Contracting Officer responsible for this contract. It is the contractor’s responsibility to be familiar with, and comply with the requirements of Chapter 5, page 22, paragraph 5-48, of AR 360-1 may be found at http://www.apd.army.mil/pdffiles/r360_1.pdf

(END OF CLAUSE)

52.0000-4201 SERVICES/CONSTRUCTION REQUIREMENTS (Jan 2016) (ACC-WRN(WVA)):

SCHEDULE UNIT OF MEASURE NOTE: When "LOT" is stated as a unit of measure it is the equivalent to "JOB".

APPOINTMENT FOR SITE VISIT*:

To make an appointment for a site visit contact ___________________________, Telephone No. (518) 266- _________ (NO COLLECT CALLS) between the hours of 8:00 a.m. to 3:00 p.m. Monday thru Thursday.

*FOR CONSTRUCTION SEE FAR CLAUSE 52.236-27, Site Visit (Construction).

WORK PERFORMED ON-SITE AT WATERVLIET ARSENAL:

The contractor agrees that each employee working at Watervliet Arsenal will sign the “Contractor Personnel Agreement on Non-Disclosure of Watervliet Arsenal Technology below. Signatures must be received by the Contract Administrator before work may begin and any resultant delay won’t be considered an excusable delay to contract performance as defined in the contract clause “Default”. Additional copies of this Non-Disclosure Statement can be found on the Internet at http://www.wva.army.mil/Documents/Contracting/nondis.pdf

CONTRACTOR PERSONNEL AGREEMENT ON NON-DISCLOSURE

OF WATERVLIET ARSENAL TECHNOLOGY

1. The Undersigned, as an employee of _________________________ (Name of Firm) agrees to the following terms and conditions.

2. Any knowledge gained, as a result of my being permitted on Watervliet Arsenal’s premises, concerning cannon production technology (as defined below) or other technology on any defense item being manufactured or developed at Watervliet Arsenal, will not be released outside of _________________________ (Name of firm) and/or the United States of America (this prohibition includes, but is not limited to, the company’s domestic and foreign subsidiaries, affiliates, etc.), nor will such technology be used to manufacture or assist another in the manufacture of cannon (as described below) or other defense items being manufactured or developed at Watervliet Arsenal, without the written prior approval of Watervliet Arsenal.

3. Definitions:

a. CANNON: is defined as any and all components/parts of a complete assembly consisting of a tube, breech mechanism, tube attachments, muzzle appendages, firing mechanisms, and all integral components. It may also be a component of a weapons system of 40mm Bore or over such as tank guns, towed and self-propelled howitzers, naval guns, mortars and recoilless guns.

b. CANNON PRODUCTION TECHNOLOGY: is defined as the technical data package and manufacturing technology.

(1) TECHNICAL DATA PACKAGE: cannon engineering drawings, specifications and standards.

(2) MANUFACTURING TECHNOLOGY: technical knowledge, documentation, assistance and equipment and machines used an/or useful in the manufacturing of cannon.

(a) TECHNICAL KNOWLEDGE: the know how collected, trade secrets, production experience and special skills necessary for the production of cannon and the technical information and inventions necessary for the manufacture of cannon and relating to the manufacture of cannon.

(b) TECHNICAL DOCUMENTATION: manufacturing technical data comprised of drawings, specifications, schemes, composition, descriptions, methods of calculations, instructions and other information necessary for the manufacture of cannon.

(c) TECHNICAL ASSISTANCE: all assistance required to make practical and economical use of the technology required to manufacture cannon, such as delivery of documentation, training of personnel, instructions, consultations and acquainting of specialists with the most economical method of using this technology in the manufacture of cannon.

(d) EQUIPMENT AND MACHINES: production machines, machine accessories, apparatuses, spare parts and tooling used for cannon manufacture.

TYPED OR PRINTED NAME, SIGNATURE

DATE

JOB SITE AVAILABILITY:

The work site will be available for performance during normal business hours:

Monday through Thursday Business Hours: 7:00 a.m. EST to 4:00 p.m. EST

Friday Business Hours: Every other Friday from 7:00 a.m. EST to 3:00 p.m. EST

Fridays will be staggered with every other Friday being a closed business day. The first Friday of 2016 to be closed is January 8, 2016.

Based on the above, service contractors should call contract/purchase order administrator in advance if service is scheduled for a Friday to determine if the Arsenal will be open for business.

When a federal holiday is normally observed on Friday, the Arsenal may be closed on the preceding Thursday. In this case, contact the contract/purchase order administrator in advance if scheduling service to determine if the Arsenal will be open for business.

Work at other than the above hours won’t be allowed unless the contractor makes an application at least 48 hours in advance and gets written contracting officer approval. No guarantee is made that the job site will be made available other than as stated above.

CONTROL OF FOREIGN VISITORS TO WATERVLIET ARSENAL:

Offerors are advised that any employee or representative of their company who is not a U.S. citizen, (or is representing a foreign company) and is a U.S. citizen), planning on visiting the Watervliet Arsenal for the purpose of attending: bid conferences, bid openings, site visits, engineering services, or any other visit related to this solicitation will be escorted at all times by an arsenal representative while on the installation grounds.

Therefore, offerors must notify the Contracting Officer in advance (a minimum of two [2] weeks) of any proposed visit by a non-U.S. citizen or U.S. citizen representing a foreign firm, to assure proper clearance for entry into the arsenal. Failure to comply, or disclose a foreign national visitor, may subject the Contractor to the penalties set forth in 18 U.S.C.A. Section 1001, Chapter 14.

Due to manpower constraints, Watervliet Arsenal is often unable to provide escort services during contract performance. Therefore, if the resulting contract requires performance on Watervliet Arsenal property, employees, individuals or subcontractors representing the successful offeror who are not U.S. citizens may not, depending on staffing levels and the availability of escorts, be allowed access to the Arsenal for purpose of contract performance.

Be further advised that the inability of the Arsenal to provide escorts resulting in denial of access to Watervliet Arsenal of the aforementioned personnel will not be considered an excusable delay to contract performance as defined in the contract clause “Default” contained in the contract. Therefore, offerors should consider the above contingencies during offer preparation.

CONTRACTOR IDENTIFICATION:

Contractor employees shall identify themselves as contractor personnel by introducing themselves or being introduced as contractor personnel and displaying distinguishing badges or other visible identification for meetings with Government personnel. In addition, contractor personnel shall appropriately identify themselves as contractor employees in telephone conversations and in formal and informal written correspondence, and when working in situations where their actions could be construed as official government acts.

(END OF NOTICE)

52.0000-4202 DELIVERY INFORMATION (Dec 2015) (ACC-WRN(WVA))

NOTICE: NORMAL DELIVERY HOURS FOR RECEIPT OF SUPPLIES AT WATERVLIET ARSENAL ARE AS FOLLOWS:

Monday through Thursday Business Hours: 6:30 A.M. EST to 3:30 P.M. EST

Friday Business Hours: Every other Friday from 6:30 A.M. EST to 2:00 P.M. EST

Fridays will be staggered with every other Friday being a closed business day. The first Friday of 2016 to be closed is January 8, 2016.

BASED ON THE ABOVE, CONTRACTORS SHOULD CALL THE CONTRACT/PURCHASE ORDER ADMINISTRATOR IN ADVANCE IF DELIVERY IS SCHEDULED FOR A FRIDAY TO FIND OUT IF THE ARSENAL WILL BE OPEN FOR BUSINESS.

Also, when a federal holiday is normally observed on a Friday, the arsenal may be closed on the preceding Thursday. In these instances, please contact the contract/purchase order administrator in advance of delivery if Thursday delivery is anticipated to determine if the arsenal will be open for business.

THE ABOVE INFORMATION SHOULD BE NOTED WHEN SCHEDULING DELIVERIES AS WATERVLIET ARSENAL WILL NOT BE LIABLE FOR ANY STORAGE, DEMURRAGE OR SHIPPER LABOR COSTS INCURRED AS A RESULT OF CONTRACTOR ATTEMPTED DELIVERIES ARRIVING DURING NON-BUSINESS HOURS.

ITEM DESCRIPTION:

The material delivered hereon must be tagged or otherwise identified by placing the purchase order/contract number on the packing slip or it will be returned at the contractor’s expense. If more than one item is involved, material must be segregated by item and must be tagged or otherwise identified by item number. National stock number, when applicable, must be shown on all vendor’s documents, such as Bill of Lading, Notice of Shipment, delivery or packing slip, etc.

(END OF NOTICE)

52.0000-4207 PROMPT PAYMENT NOTICE TO FAR 52.232-25 (OCT 2003) (ACC-WRN(WVA))

(a)(5)(i) For the purposes of this clause referenced elsewhere herein, Government acceptance shall be deemed to have occurred constructively on the 10TH day after the contractor delivered the supplies or performed the services.

(END OF NOTICE)

52.0000-4702 HQ-AMC-LEVEL PROTEST PROCEDURES (Oct 2013) (ACC-WRN)

Complete AMC Protest Procedures can be found at: http://www.amc.army.mil/amc/commandcounsel.html

An agency protest may be filed with either the contracting officer or to HQAMC but not both following the procedures listed on the website above.

(END OF CLAUSE)

52.0000-4950 Disclosure of Unit Price Information (Jun 2004) (ACC-WRN (WVA))

This constitutes notification pursuant to Executive Order 12600, Pre-Disclosure Notification Procedures for Confidential Commercial Information (June 23, 1987), of our intention to release unit prices of the awardee in response to any request under the Freedom of Information Act, 5 USC 552. Unit price is defined as the contract price per unit or item purchased. We consider any objection to be waived unless the contracting officer is notified of your objection to such release prior to submission of initial proposals.

END OF CLAUSE

52.0000-4951 STATEMENT OF WORK/CONTRACTOR MANPOWER REPORTING (Mar 2013) (ACC-WRN(WVA)) The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor will report ALL contractor manpower (including subcontractor manpower) required for performance of this contract. The contractor is required to completely fill in all the required data fields in the format using the following web address: https://cmra.army.mil

The required information includes:

(1) Contracting Office, Contracting Officer, Contracting Officer’s Technical Representative;

(2) Contract number, including task and delivery order number;

(3) Beginning and ending dates covered by reporting period;

(4) Contractor name, address, phone number, e-mail address, identity of contractor employee entering data;

(5) Direct labor hours (including sub-contractors);

(6) Direct labor dollars paid this reporting period (including sub-contractors);

(7) Total payments (including sub-contractors);

(8) Predominant Federal Service Code (FSC) reflecting services provided by contractor (and separate predominant FSC for each sub-contractor if different);

(9) Data collection cost;

(10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the contractor with its UIC for the purposes of reporting this information);

(11) Locatoins where contractor and sub-contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website);

(12) Presence of deployment or contingency contract language; and

(13) Number of contractor and sub-contractor employees deployed in theater this reporting period (by country).

Reporting inputs will be fore the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk at: https://cmra.army.mil.

(End of statement of work for contractor manpower reporting)

For clarification purposes:

The requiring activity UIC is found in the contract line item for “Contractor Manpower Reporting” (i.e. W0K9AA, W4MK03).

The Command for Watervliet Arsenal is the Army Materiel Command (AMC – Code 6A)).

52.0000-4961

EVALUATION—COMMERCIAL ITEMS (APR 2009) (ACC-WRN (WVA))

(a) We will award a contract to the offeror that:

1. submits the lowest evaluated bid or offer, and

2. submits a bid or proposal that meets all the material requirements of this solicitation, and

3. meets all the responsibility criteria at FAR 9.104

(b) To make sure that you meet the responsibility criteria at FAR 9.104 we may:

1. arrange a visit to your plant and perform a preaward survey;

2. ask you to provide financial, technical, production, or managerial background information.

(c) Options. We will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. We may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate us to exercise the option(s).

(d) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, we may accept an offer (or part of an offer), regardless of whether there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision) 52.0000-4963

ALL OR NONE – COMMERCIAL ITEM ACQUISITION) (APR 2009) (ACC-WRN (WVA))

This provision serves as an addendum that modifies paragraph (h) of FAR 52.212-1, entitled INSTRUCTION TO OFFERORS—COMMERCIAL ITEMS. Paragraph (h) is modified to say that you must offer to provide the total quantity of the items in this solicitation. ONLY ONE AWARD WILL BE MADE AS A RESULT OF THIS SOLICITATION. OFFERS SUBMITTED FOR LESS THAN THE TOTAL QUANTITIES OF ALL THE ITEMS IN THIS SOLICITATION WILL NOT BE CONSIDERED FOR AWARD.

(End of Provision)

52.0000-4970 Scope of Work/Submission of Recordable Injuries and Illness Cases (Dec 2012) (ACC-WRN (WVA)) Watervliet Arsenal is pursuing OSHA Voluntary Protection Program (VPP) recognition. The VPP impacts all contractors whose employees cummulatively work more than 1000 hours per quarter within a calendar year at Watervliet Arsenal (herein referred to as “applicable contractors”).

It is the contractor’s responsibility to ensure its employees and managers are in full compliance with OSHA requirements and have a general understanding of VPP. Detailed information on VPP is available on the OSHA website at http://www.osha.gov/dcsp/vpp/index.html . All contractors, whether regularly involved in routine site operations or engaged in temporary projects such as construction or repair, must follow the safety and health rules of Watervliet Arsenal.

Applicable contractors are required to annually submit to Watervliet Arsenal, ATTN: TAWV-XO-S/Safety Office, Bldg. 10, 1 Buffington Street, Watervliet, NY 12189-4000 or email: usarmy.watervliet.tacom.list.wate-safety@mail.mil the following documents (covering the previous calendar year quarters) by 15 January:

· Total Case Incidence Rate (TCIR) - the number of recordable injuries and illness cases per 100 full-time employees that a site has experienced in a given time frame.

· Days Away, Restricted, and/or Transfer Case Incident Rate (DART) - Number of recordable injuries and illness cases per 100 full-time employees resulting in days away from work, restricted work activity, and/or job transfer that a site has experienced in a given time frame.

· OSHA Form 300A

Applicable contractors may submit the above immediately following the completion of a quarter, if desired.

(End of Scope of Work) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)

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)

52.204-20 Predecessor of Offeror (JUL 2016)

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

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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

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

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

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

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

Predecessor legal name: ____.

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

(End of provision)

52.209-11 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.

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) (JUN 2016)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)

(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) ___ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014) - ALTERNATE I (Sept 2015)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is ___ (insert NAICS code).

(2) The small business size standard is ___ (insert size standard).

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

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

(2) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

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

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (b)(3) of this provision.] The offeror represents as part of its offer that--

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

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (b)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ---- ___ ------.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (b)(4) of this provision.] The offeror represents as part of its offer that--

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

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (b)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture.

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