W911PT18Q0063.docx

W911PT18Q0063

Section SF 30 - BLOCK 14 CONTINUATION PAGE

CLAUSES INCORPORATED BY FULL TEXT

52.0000-4919 GENERAL REQUIREMENTS FOR QUALITY ASSURANCE (DEC 2001) (ACC-WRN (WVA))

Contractor requirements and inspection provisions are required in accordance with QAP-APPENDIX-BL and item QAP(s), if applicable.

(END OF CLAUSE)

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 as 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.

Destination

(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

(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.

Laurie.b.vroman.civ@mail.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.

N/A

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

(End of clause)

Section SF 1449 - CONTINUATION SHEET

Balinit Alcrona Pro Anti-Wear Coating

FFP

COATING SERVICE X 24 APPLICATIONS. APPLY BALINIT ALCRONA

PRO OR EQUIVALENT ANTI-WEAR COATING ON M-284 Rifling Broach sets. Mask off per drawing WTV-31504-T003. Contractor shall strip prior to coating.

Service Contract Labor Standards WD 15-4143 lates revision applies and is incorporated.

Technical Point of Contact is Dan Weatherwax.

Turnaround Time _________________Calendar Days (Fill In)

Cost Per Set of Broaches___________________ Up to 24 sets of Broaches. Each set is 48 pieces.

https://www.dlis.dla.mil/jcp/ - Contractor must have an active DD 2345 with the Joint Certification Program Office

All Return Shipping Cost must be included in your cost for coating.

FOB: Destination

NSN: AASSVC734500HA

MILSTRIP: W16H1F734500HA

PURCHASE REQUEST NUMBER: W16H1F734500HA

PSC CD: K010

NET AMT

Contractor Manpower Reporting

FFP

Contractor Manpower Report System is also required. Required Activity UIC W0K9AA is provided to facilitate reporting. THIS REPORTING IS REQUIRED.

Website is https://www.ecmra.mil

NET AMT

FFP

COATING SERVICE X 12 APPLICATIONS. APPLY BALINIT ALCRONA

PRO OR EQUIVALENT ANTI-WEAR COATING ON M-284 Rifling Broach sets. Mask off per drawing WTV-31504-T003. Contractor shall strip prior to coating.

Service Contract Labor Standards WD 15-4143 lates revision applies and is incorporated.

Technical Point of Contact is Dan Weatherwax.

Turnaround Time _________________Calendar Days (Fill In)

Cost Per Set of Broaches___________________ Up to 12 sets of Broaches. Each set is 48 pieces.

https://www.dlis.dla.mil/jcp/ - Contractor must have an active DD 2345 with the Joint Certification Program Office

All Return Shipping Cost must be included in your cost for coating.

FOB: Destination

NSN: AASSVC734500HA

MILSTRIP: W16H1F734500HA

PSC CD: K010

NET AMT

FFP

Contractor Manpower Report System is also required. Required Activity UIC W0K9AA is provided to facilitate reporting. THIS REPORTING IS REQUIRED.

Website is https://www.ecmra.mil

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

52.0000-4002 REQUEST FOR QUOTE RESPONSES (Oct 2016) (ACC-WRN (WVA))

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

1) Email to laurie.b.vroman.civ@mail.mil

2) Federal Business Opportunities-FedBizOpps (FBO)

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)

52.0000-4009 DISTRIBUTION AND DESTRUCTION OF EXPORT CONTROL TECHNICAL DATA PACKAGE (Dec 2012) (ACC-WRN)

This solicitation and resulting contract contains technical data whose export is restricted by the Arms Export Control Act (Title 22, U.S.C., Sec 2751, et. seq.) or the Export Administration Act of 1979, as amended, Title 50, U.S.C, App. 2401 et. seq. Violations of these export laws are subject to severe criminal penalties. Disseminate in accordance with provisions of DoD Directive 5230.25. This also applies to distribution of the TDP to all SUBCONTRACTORS at every level.

To be eligible to gain access to this export controlled TDP (via FedBizOpps) YOUR FIRM must have a current DD 2345, “Militarily Critical Technical Data Agreement” certification on file with the Defense Logistics Information Service (DLIS). To obtain certification, go to http://www.dlis.dla.mil/jcp/, click on documents, and follow instructions provided. See Clause 52.0000-4008, “Technical Data Package Information” for estimated certification time. Upon receipt of certification, you may request the TDP in accordance with the instructions stated in the solicitation's clause entitled, “Technical Data Package (TDP) Information (52.0000-4008). Additionally, before furnishing this TDP to a subcontractor you must assure that they also have a current DD 2345.

Upon completion of the purposes for which Government Technical Data has been provided, you, your subcontractors, all your vendors and all sub-vendors, are required to destroy all documents, including all reproductions, duplications, or copies thereof as may have been further distributed from you.

Destruction of this technical data shall be accomplished by: shredding, pulping, burning, or melting any physical copies of the TDP and/or deletion or removal of downloaded TDP files from computer drives and electronic devices, and any copies of those files.

(End of Notice)

52.0000-4014 NOTICE TO VENDOR (Jun 2013) (ACC-WRN(WVA))

SOLICITATION:

Requests for applicable attachments to this procurement must be received within 15 calendar days from the solicitation issue date. Applicable attachments may consist of one or more of the following:

These requests must be in writing and include the following information: Name of company, address, phone number, fax number, e-mail address, name of requestor, CAGE and DUNS number, if known. Requests can be e-mailed to the contract specialist's e-mail address as shown in "Notice of Watervliet Arsenal Information/Requirements" at Clause 52.0000-4200. (IT IS MANDATORY THAT YOU INCLUDE IN THE SUBJECT LINE THE RFQ NUMBER), datafaxed to 518-266-4682 or mailed to DEPARTMENT OF THE ARMY, ATTN: CCTA-HDW/(insert the agent name)/ Bldg. 10, 1 Buffington Street, Watervliet, NY 12189-4000. NO TELEPHONE REQUESTS WILL BE ACCEPTED.

IF YOU EXPERIENCE DIFFICULTIES READING THE WEB DOCUMENT, PLEASE CONTACT THE INDIVIDUAL SHOWN IN BLOCK 5B OF THE SOLICITATION. THEY CAN THEN FURNISH YOU A COPY OF DOCUMENT VIA E-MAIL.

RESULTANT AWARDS:

The resultant awardee will be provided a copy of the award document without the attachments. This is assuming that the vendor has retained a copy of the attachments associated with the solicitation. If you need copies of the attachments, please e-mail a request to the contract specialist e-mail address in "Notice of Watervliet Arsenal Information/Requirements" in Clause 52.0000-4200 (IT’S MANDATORY THAT YOU INCLUDE IN THE SUBJECT LINE THE ORDER NUMBER), or call the contract specialist shown in clause 52.0000-4200.

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)

52.0000-4058 CRITICAL MILITARY TECHNOLOGY (APR 1988) ((ACC-WRN(WVA))

The documents, drawings (microfilms) listed herein contain critical military technology that is owned by the United States Government, Watervliet Arsenal. These documents, drawings (microfilm) are not to be used for any purpose other than the purpose for which they are furnished, nor shall they be distributed or reproduced for any purpose, nor any part of their contents revealed in any manner, to persons other than the individuals or organizations specified to receive it, or their employees, without written consent of the Watervliet Arsenal.

LIST OF DOCUMENTS/DRAWING NO.

WTV-31504-T003

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: Laurie B Vroman

TELEPHONE NUMBER: 518-266-4585

E-MAIL ADDRESS: laurie.b.vroman.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 NOT 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

52.0000-4201 SERVICES/CONSTRUCTION REQUIREMENTS (Jan 2017) (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 Laurie B Vroman Telephone No. (518) 266-4585 (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.

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 2017 to be closed is January 6, 2017.

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.

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 day after the contractor delivered the supplies or performed the services.

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;

1. Contract number, including task and delivery order number;

1. Beginning and ending dates covered by reporting period;

1. Contractor name, address, phone number, e-mail address, identity of contractor employee entering data;

1. Direct labor hours (including sub-contractors);

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

1. Total payments (including sub-contractors);

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

1. Data collection cost;

1. 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);

1. 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);

1. Presence of deployment or contingency contract language; and

1. 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.

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

(End of provision)

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (JAN 2017)

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.--

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the…