18Q0078.doc

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

REPLACEMENT CRANE

FFP

Description: PROVIDE REPLACEMENT CRANE FOR B233, LOCATED IN A BAY BLDG 110 NORTH END. CRANE - UNDER RUNNING SINGLE GIRDER, 18 FEET - 0 INCH SPAN, 3TON CAPACITY, 460V-3PHASE-60 HZ, 115V SINGLE PHASE CONTROL VOLTAGE, 2 SPEED HOIST. HOIST WITH MOTORIZED TROLLEY, W/ELECTRIC CHAIN HOIST - 3TON CAPACITY, 460VAC-3PHASE-60HZ, 115V SINGLE PHASE CONTROL VOLTAGE, ONE SPEED LIFT, PAINTED SAFETY YELLOW. SERVICE CONTRACT LABOR STANDARDS 15-4143 REV 7 APPLIES AND INCORPORATED. TECH POC; LES MCELYA, 518-266-5253. SCOPE OF WORK

A.

Provide replacement Hoist and install equipment

1.

Contractor will provide replacement cost of crane-underrunning single girder, 18 feet –o inch span, 3 ton capacity, 460v-3phase-60hz, 115v single phase control voltage, 2 speed bridge

2.

Contractor will provide cost of motorized trolley with electric chain hoist – 3 ton capacity, 460vac 3-phase-60hz, 115v single phase control voltage, one speed lift.

3.

Contractor will provide cost of installation of replacement crane and removal of old crane. MID; 43248 M751090

FOB: Destination

NSN: AASSVC801800JQ

MILSTRIP: W16H1F801800JQ

PURCHASE REQUEST NUMBER: W16H1F801800JQ

PSC CD: N099

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

CONTRACTING

ATTN: CCTA-HDW/BLDG 10

1 BUFFINGTON STREET

WATERVLIET NY 12189-4000

FOB: Destination

W911PT

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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 KELLY.A.BERDAR.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)

52.0000-4020 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 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 ___________________________, 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 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.

(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) 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)

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

Internal confidentiality agreement or statement, subcontract, and subcontractor, are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of provision)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)

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

Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235), and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

(End of clause)

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)

52.204-22 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)

52.209-11 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)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017) ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

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

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ . [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

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

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern.