W912CM13R0001.pdf

ECC RCO WIESBADEN

KO DIRECTORATE OF CONTRACTING

KONRAD-ADENAUER-RING 39, BLDG. 5301

WIESBADEN 65187

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

W912CM-13-R-0001 28-Nov-2012

b. TELEPHONE NUMBER

0611-816-2159

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 08 Jan 2013

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

W912CM

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

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

15. DELIVER TO CODE WK4ULT 16. ADMINISTERED BY

W6E9 USAG WIESBADEN

W6E9 USAG WIESBADEN

WIESBADEN AIR BASE BLDG 1057A

AN DER HOCHHEIMER STRASSE

65205 WIESBADEN

GERMANY

TEL: 011-49-631-413-8 FAX:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

KLAUS PREIKSZAS

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

561730

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: % FOR

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0010173381

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

TEL: EMAIL:

1 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

W912CM-13-R-0001

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

0001 1 Job AFH Grounds Maintenance Services

FFP

Grounds Maintenance, USAG Wiesbaden shall be performed in accordance with the Performance Work Statement (PWS) and shall be paid at the rates specified in Exhibit# A of this contract.

NOTE: The Offeror shall fill in Attachment #2, Exhibit# A for the unit price and the total estimated amount for each ELIN [Exhibit Line Item]. The Exhibit’s grand total (estimated) shall be inserted as the total estimated amount and total quantity in

CLIN 0001.

(PARTIAL PAYMENT AUTHORIZED)

FOB: Destination

PURCHASE REQUEST NUMBER: 0010173381

ESTIMATED

NET AMT

UNIT UNIT PRICE ESTIMATED AMOUNT

0002 1 Job OMA Grounds Maintenance Services

FFP

Grounds Maintenance, USAG Wiesbaden shall be performed in accordance with the Performance Work Statement (PWS) and shall be paid at the rates specified in Exhibit# B of this contract.

NOTE: The Offeror shall fill in Attachment #3, Exhibit# B for the unit price and the total estimated amount for each ELIN [Exhibit Line Item]. The Exhibit’s grand total (estimated) shall be inserted as the total estimated amount and total quantity in

CLIN 0002.

(PARTIAL PAYMENT AUTHORIZED)

UNIT UNIT PRICE ESTIMATED AMOUNT

0003 1 Job AFH Tree Maintenance Services

FFP

Tree Maintenance, USAG Wiesbaden shall be performed in accordance with the Performance Work Statement (PWS) and shall be paid at the rates specified in Exhibit# C of this contract.

NOTE: The Offeror shall fill in Attachment # 4, Exhibit# C for the unit price and the total estimated amount for each ELIN [Exhibit Line Item]. The Exhibit’s grand total (estimated) shall be inserted as the total estimated amount and total quantity in

CLIN 0003.

(PARTIAL PAYMENT AUTHORIZED)

UNIT UNIT PRICE ESTIMATED AMOUNT

1001 1 Job OPTION AFH Grounds Maintenance Services

FFP

Grounds Maintenance, USAG Wiesbaden shall be performed in accordance with the Performance Work Statement (PWS) and shall be paid at the rates specified in Exhibit# A of this contract.

NOTE: The Offeror shall fill in Attachment #2, Exhibit# A for the unit price and the total estimated amount for each ELIN [Exhibit Line Item]. The Exhibit’s grand total (estimated) shall be inserted as the total estimated amount and total quantity in

CLIN 1001.

(PARTIAL PAYMENT AUTHORIZED)

UNIT UNIT PRICE ESTIMATED AMOUNT

1002 1 Job OPTION OMA Grounds Maintenance Services

FFP

Grounds Maintenance, USAG Wiesbaden shall be performed in accordance with the Performance Work Statement (PWS) and shall be paid at the rates specified in Exhibit# B of this contract.

NOTE: The Offeror shall fill in Attachment #3, Exhibit# B for the unit price and the total estimated amount for each ELIN [Exhibit Line Item]. The Exhibit’s grand total (estimated) shall be inserted as the total estimated amount and total quantity in

CLIN 1002.

UNIT UNIT PRICE ESTIMATED AMOUNT

1003 1 Job OPTION AFH Tree Maintenance Services

FFP

Tree Maintenance, USAG Wiesbaden shall be performed in accordance with the Performance Work Statement (PWS) and shall be paid at the rates specified in Exhibit# C of this contract.

NOTE: The Offeror shall fill in Attachment # 4, Exhibit# C for the unit price and the total estimated amount for each ELIN [Exhibit Line Item]. The Exhibit’s grand total (estimated) shall be inserted as the total estimated amount and total quantity in

CLIN 1003.

UNIT UNIT PRICE ESTIMATED AMOUNT

2001 1 Job OPTION AFH Grounds Maintenance Services

FFP

Grounds Maintenance, USAG Wiesbaden shall be performed in accordance with the Performance Work Statement (PWS) and shall be paid at the rates specified in Exhibit# A of this contract.

NOTE: The Offeror shall fill in Attachment #2, Exhibit# A for the unit price and the total estimated amount for each ELIN [Exhibit Line Item]. The Exhibit’s grand total (estimated) shall be inserted as the total estimated amount and total quantity in

CLIN 2001.

UNIT UNIT PRICE ESTIMATED AMOUNT

2002 1 Job OPTION OMA Grounds Maintenance Services

FFP

Grounds Maintenance, USAG Wiesbaden shall be performed in accordance with the Performance Work Statement (PWS) and shall be paid at the rates specified in Exhibit# B of this contract.

NOTE: The Offeror shall fill in Attachment #3, Exhibit# B for the unit price and the total estimated amount for each ELIN [Exhibit Line Item]. The Exhibit’s grand total (estimated) shall be inserted as the total estimated amount and total quantity in

CLIN 2002.

UNIT UNIT PRICE ESTIMATED AMOUNT

2003 1 Job OPTION AFH Tree Maintenance Services

FFP

Tree Maintenance, USAG Wiesbaden shall be performed in accordance with the Performance Work Statement (PWS) and shall be paid at the rates specified in Exhibit# C of this contract.

NOTE: The Offeror shall fill in Attachment # 4, Exhibit# C for the unit price and the total estimated amount for each ELIN [Exhibit Line Item]. The Exhibit’s grand total (estimated) shall be inserted as the total estimated amount and total quantity in

CLIN 2003.

UNIT UNIT PRICE ESTIMATED AMOUNT

7500 1 Each CMR - Contract Manpower Report

FFP

Base Period: Set up and report IAW Performance Work Statement. The reporting period is from 01 Mar 2013 to 30 Sep 2013. The report is due NLT 31 Oct 2013.

The following is provided for completion of CMR: Command (US Army Installation Management); Country (Germany); Description (USAG Wiesbaden);

UIC (W6E9AA)

NOTE: IF OFFERING FOR ALL CLINS, OFFEROR SHALL EXPLAIN HOW

THE CMR PRICE IS BROKEN OUT FOR GROUNDS MAINTENANCE

(CLINS 0001 AND 0002) AND TREE MAINTENANCE (CLIN 0003).

EXAMPLE: CMR IS EU 200; GROUNDS - EU 150; TREES - EU 50.

UNIT UNIT PRICE ESTIMATED AMOUNT

7501 1 Each OPTION CMR - Contract Manpower Report

FFP

First Option Period: Set up and report IAW Performance Work Statement. The reporting period is from 01Oct 2013 to 30 Sep 2014. The report is due NLT 31 Oct 2014. The following is provided for completion of CMR: Command (US Army Installation Management); Country (Germany); Description (USAG Wiesbaden); UIC (W6E9AA)

NOTE: IF OFFERING FOR ALL CLINS, OFFEROR SHALL EXPLAIN HOW

THE CMR PRICE IS BROKEN OUT FOR GROUNDS MAINTENANCE

(CLINS 1001 AND 1002) AND TREE MAINTENANCE (CLIN 1003).

UNIT UNIT PRICE ESTIMATED AMOUNT

7502 1 Job OPTION CMR - Contract Manpower Report

FFP

Second Option Period: Set up and report IAW Performance Work Statement.

There are two reports due under this CLIN.

The first reporting period is from 01 Oct 2014 to 30 Sep 2015 and the report is due NLT 31 Oct 2015.

The second reporting period is from 01 Oct 2015 to 29 feb 2016 and the report is due NLT 29 Feb 2016. The following is provided for completion of CMR:

Command (US Army Installation Management); Country (Germany); Description (USAG Wiesbaden); UIC (W6E9AA)

NOTE: IF OFFERING FOR ALL CLINS, OFFEROR SHALL EXPLAIN HOW

THE CMR PRICE IS BROKEN OUT FOR GROUNDS MAINTENANCE

(CLINS 2001 AND 2002) AND TREE MAINTENANCE (CLIN 2003).

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 7500 Destination Government Destination Government 7501 Destination Government Destination Government 7502 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-MAR-2013 TO

28-FEB-2014

N/A W6E9 USAG WIESBADEN

W6E9 USAG WIESBADEN

WIESBADEN AIR BASE BLDG 1057A

AN DER HOCHHEIMER STRASSE

65205 WIESBADEN

GERMANY

011-49-631-413-8

WK4ULT

0002 POP 01-MAR-2013 TO

28-FEB-2014

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-MAR-2013 TO

28-FEB-2014

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-MAR-2014 TO

28-FEB-2015

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-MAR-2014 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-MAR-2014 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-MAR-2015 TO

29-FEB-2016

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-MAR-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 01-MAR-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

7500 31-OCT-2013 1 (SAME AS PREVIOUS LOCATION)

7501 31-OCT-2014 1 (SAME AS PREVIOUS LOCATION)

7502 31-OCT-2015 1 (SAME AS PREVIOUS LOCATION)

ABBREVIATIONS

Abbreviations used in this solicitation and attachments:

Admin - Administrative AFH - Army Family Housing AMT - Amount Attch - Attachment CLIN- Contract Line Item Number CM - Contract Manager CMR – Contract Manpower Report DoDAAC - Defense of Defense Activity Address Code FFP – Firm Fixed Price COR - Contracting Officer Representative ELIN - Exhibit Line Item FOB - Freight on Board IAW - in accordance with lfm - linear meter LS - Lump Sum M3 - cubic meter NLT – not later than OMA - Operation and Maintenance Appropriation PWS - Performance Work Statement POC - Point of Contact POP - Place of Performance QC - Quality Control Para - Paragraph Sqm – square meter Svc – service Sat. – Sun. – Saturday to Sunday TE - Technical Exhibit UIC: Unit Identification Code WAAF – Wiesbaden Army Airfield WAWF - Wide Area Work Flow

CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions--Commercial Items FEB 2012

ADDENDUM FAR 52.212-4

CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS

In accordance with FAR 12.302, Tailoring of Provisions and Clauses for Acquisition of Commercial Items, FAR Clause 52.212-4 is tailored to reflect special contract terms and conditions that are unique for this contract as shown below.

Para (a) Inspection and Acceptance is revised to add the following:

a. Place of inspection and point of acceptance of the services performed under this contract shall be at destination.

b. Inspection and acceptance of services under this contract shall be performed by the designated Contracting Officer’s Representative (COR).

Para (k) Taxes. See DFARS 252.229-7001 TAX RELIEF (JUNE 1997) - ALTERNATE I (JUNE 1997)

(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government. The following taxes or duties have been excluded from the contract price:

NAME OF TAX: _____________________ RATE (PERCENTAGE): ______ %

to be inserted by Offeror

(b) The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.

(c) When items manufactured to United States Government specifications are being acquired, the

Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.

(d) Tax relief will be claimed in Germany pursuant to the provisions of the Agreement between the

United States of America and Germany Concerning Tax Relief to be Accorded by Germany to United States Expenditures in the Interest of Common Defense. The Contractor shall use Abwicklungsschein fuer abgabenbeguenstigte Lieferungen/Leistungen nach dem Offshore Steuerabkommen (Performance Certificate for Tax-Free Deliveries/Performance according to the Offshore Tax Relief Agreement) or other documentary evidence acceptable to the German tax authorities. All purchases made and paid for on a tax-free basis during a 30-day period may be accumulated, totaled, and reported as tax-free.

(End of clause)

Para (t) Central Contractor Registration (CCR) is superseded by the following FAR (Deviation) clause:

FAR 52.204-99 (DEVIATION)

System for Award Management Registration (August 2012)(DEVIATION)

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the retired primary Government repository for Contractor information required for the conduct of business with the Government.

“Commercial and Government Entity (CAGE) code” means—

(1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file. This type of code is known as an “NCAGE code.”

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the SAM database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database;

(2) The Contractor’s CAGE code is in the SAM database; and

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

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

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

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

(3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the nonprocurement common rule by agencies, Government corporations, or by the Government Accountability Office.

(b)(1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4.

(3) If indicated by the Government during performance, registration in an alternate system may be required in lieu of SAM.

(c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) A contractor may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The contractor should indicate that it is a contractor for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The Contractor should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) Reserved.

(e) Processing time for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Contractors who are not already registered should consider applying for registration at least two weeks prior to invoicing.

(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)(1)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficient documentation to support the legally changed name with a minimum of one business day’s written notification of its intention to—

(A) Change the name in the SAM database;

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

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

http://fedgov.dnb.com/webform

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

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

(h) Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.acquisition.gov or by calling 866-606-8220, or 334-206-7828 for international calls.

(End of Clause)

Para (u) Applicable Clauses, Terms and Conditions is added to incorporate all other clauses, terms and conditions applicable to the instant contract which are not in FAR 52.212-5 and DFARS 252.212-7005.

1. Ordering Procedures:

a. Task Orders under this contract will be issued in accordance with FAR 52.216-18, entitled

"ORDERING", by a duly appointed Contracting Officer of the Regional Contracting Office, Wiesbaden, ATTN:

CCEC-EUW, Konrad-Adenauer-Ring 39, 65187 Wiesbaden.

b. Task Orders will only be issued when funded. Task Orders will include (a) the Contract Number, (b) the Task Order number, (c) the Date Ordered, (d) the Line Item(s) being ordered (e) Quantities to be ordered, (f) the Performance Period, (g) Location, and (h) the total amount of the order.

c. Task Orders will be distributed by electronic means (facsimile or email) to the Contractor, the Requiring

Activity, contract administrator if other than the issuing office, budget personnel and the payment office. Task Orders are considered issued upon receipt of oral or written orders.

d. For On Demand services, the Contractor must receive authorization from the COR prior to beginning of the services and shall perform ON DEMAND services within the notification periods stated in the PWS paragraph 2.3.1. Task order quantities for ON DEMAND services are estimated and shall not be increased without prior approval of the Contracting Officer.

e. Modifications to Task Orders may only be issued by a Contracting Officer of the office issuing the Task

Order. Distribution of the modification will be accomplished in the same manner as described in paragraph d.

above.

f. All oral calls and confirming orders issued hereunder are subject to the terms and conditions of the contract. The contract shall control in the event of conflict with any oral calls or confirming orders.

g. NOTE: Modifications to the basic contract may only be issued by a Procuring Contracting Officer or

Administrative Contracting Officer of the office issuing the basic contract. Distribution will be made in accordance with established procedures.

2. CONTRACTOR PAYMENT PROCEDURES WAWF (COR/POC) : See DFARS 252.232-7002 as incorporated in this solicitation.

https://www.acquisition.gov/

(a) Wide Area Work Flow (WAWF): Submitting invoices and receiving reports in electronic format.

Only Contractors who are registered and have an active account in the Central Contractor Registration (CCR) may be awarded a contract as a result of this solicitation, and all invoices and payments will be made using the WAWF system.

(b) Partial payments are authorized.

( c) The COR will verify and certify that supplies or services have been provided in accordance with the terms and conditions of this contract, verify and certify correctly completed invoices and authorized payment using the WAWF system.

(d) Administration Office:

Regional Contracting Office Wiesbaden 409th Contracting Support Brigade Europe Attn: CCEC-EUW Konrad-Adenauer-Ring 39 65187 Wiesbaden, Germany Tel: 0611-816-2149

NOTE: IF THE CONTRACT HAS MORE THAN ONE LINE ITEM, CONTRACTORS MUST INDICATE

ON THEIR INVOICES THE INDIVIDUAL LINE ITEM AMOUNTS; LUMP SUM REQUESTS FOR

PAYMENT WILL BE RETURNED BY THE FINANCE OFFICE FOR CORRECTION. SEE FAR 52.212-

4(g) FOR INVOICE REQUIREMENTS.

3. CONTRACTOR PERFORMANCE EVALUATION

a. In compliance with FAR Subpart 42.15, Contractor Performance Information, an evaluation of Contractor performance will be conducted at contract completion. Interim performance evaluations will be conducted at least annually for contracts with a period of performance, including options, exceeding one year. As a minimum, the evaluation shall include the information in FAR 42.1501 “General”.

b. Each completed evaluation will be provided to the Contractor. The Contractor will have a minimum of 30 calendar days to submit comments, rebutting statements, or additional information.

c. Disagreements between the parties regarding the evaluation will be handled in accordance with FAR

42.1503 (b).

d. Copies of the evaluation, Contractor response and review comments, if any, may be retained for up to three years after contract completion as part of the evaluation file.

e. Past performance information will be shared, as requested, with Governmental source selection officials to support award decisions.

4. BELOW ARE ALL OTHER CLAUSES AND TERMS CLAUSES (INCORPORATED BY

REFERENCE OR FULLTEXT):

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/

CLAUSES INCORPORATED BY REFERENCE

52.223-10 Waste Reduction Program MAY 2011 52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.229-6 Taxes--Foreign Fixed-Price Contracts JUN 2003 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991 252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Terrorist Country

DEC 2006

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.223-7006 Prohibition On Storage And Disposal Of Toxic And

Hazardous Materials

APR 1993

252.225-7042 Authorization to Perform APR 2003 252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.233-7001 Choice of Law (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006

CLAUSES INCORPORATED BY FULL TEXT

52.216-18 ORDERING. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from contract start date through contract expiration date.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 ORDER LIMITATIONS. (OCT 1995)

http://farsite.hill.af.mil/

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than EURO 100.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor: Any order or series of orders that would require the contractor to perform the entire estimated annual quantity for any line item in any three month period.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within three (3) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated'' or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 90 days from ordering period expiration date.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

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

(a) The Government may extend the term of this contract by written notice to the Contractor at anytime prior to contract expiration date; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 42 months.

FAR 52.228-3 AND 52.228-4

The following two clauses apply if the contractor employs any of the following individuals under the contract or a subcontract at any tier: (a) a United States citizen; (b) a permanent resident of the United States; or (c) an individual, regardless of nationality, hired in the United States

52.228-3 WORKERS' COMPENSATION INSURANCE (DEFENSE BASE ACT) (APR 1984)

The Contractor shall (a) provide, before commencing performance under this contract, such workers' compensation insurance or security as the Defense Base Act (42 U.S.C. 1651, et seq.) requires and (b) continue to maintain it until performance is completed. The Contractor shall insert, in all subcontracts under this contract to which the Defense Base Act applies, a clause similar to this clause (including this sentence) imposing upon those subcontractors this requirement to comply with the Defense Base Act.

52.228-4 WORKERS' COMPENSATION AND WAR-HAZARD INSURANCE OVERSEAS (APR 1984)

(a) This paragraph applies if the Contractor employs any person who, but for a waiver granted by the Secretary of Labor, would be subject to workers' compensation insurance under the Defense Base Act (42 U.S.C. 1651, et seq.).

On behalf of employees for whom the applicability of the Defense Base Act has been waived, the Contractor shall

(1) provide, before commencing performance under this contract, at least that workers' compensation insurance or the equivalent as the laws of the country of which these employees are nationals may require, and (2) continue to maintain it until performance is completed. The Contractor shall insert, in all subcontracts under this contract to which the Defense Base Act would apply but for the waiver, a clause similar to this paragraph (a) (including this sentence) imposing upon those subcontractors this requirement to provide such workers' compensation insurance coverage.

(b) This paragraph applies if the Contractor or any subcontractor under this contract employs any person who, but for a waiver granted by the Secretary of Labor, would be subject to the War Hazards Compensation Act (42 U.S.C.

1701, et seq.). On behalf of employees for whom the applicability of the Defense Base Act (and hence that of the War Hazards Compensation Act) has been waived, the Contractor shall, subject to reimbursement as provided elsewhere in this contract, afford the same protection as that provided in the War Hazards Compensation Act, except that the level of benefits shall conform to any law or international agreement controlling the benefits to which the employees may be entitled. In all other respects, the standards of the War Hazards Compensation Act shall apply;

e.g., the definition of war-hazard risks (injury, death, capture, or detention as the result of a war hazard as defined in the Act), proof of loss, and exclusion of benefits otherwise covered by workers' compensation insurance or the equivalent. Unless the Contractor elects to assume directly the liability to subcontractor employees created by this clause, the Contractor shall insert, in all subcontracts under this contract to which the War Hazards Compensation Act would apply but for the waiver, a clause similar to this paragraph (b) (including this sentence) imposing upon those subcontractors this requirement to provide war-hazard benefits.

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

(a) "Definition. Contracting officer's representative" means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS

OUTSIDE THE UNITED STATES (MAR 2006)

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

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

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

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

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

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

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

(1) A foreign government;

(2) A representative of a foreign government; or

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

(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from Mr. Donald Bracey, Tel. Civ.: 0611-705-6460

252.225-7041 CORRESPONDENCE IN ENGLISH (JUNE 1997)

The Contractor shall ensure that all contract correspondence that is addressed to the United States Government is submitted in English or with an English translation.

252.229-7000 INVOICES EXCLUSIVE OF TAXES OR DUTIES (JUNE 1997)

Invoices submitted in accordance with the terms and conditions of this contract shall be exclusive of all taxes or duties for which relief is available.

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JUN 2012)

(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 Central Contractor Registration 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)

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

ACCEPT BY: WK4ULT (OMA);

ACCEPT BY: W80X9N (AFH)

(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 HQ0672 Issue By DoDAAC W912CM Admin DoDAAC W912CM Inspect By DoDAAC WK4ULT Ship To Code WK4ULT Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) N/A Service Acceptor (DoDAAC) SEE SCHEDULE Accept at Other DoDAAC N/A LPO DoDAAC N/A 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.

Klaus.preikszas1.ln@mail.mil Betina.emmerich-gruening.ln@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.

Not applicable

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

CCE 204-4008 Background Checks – U.S. and Host Nation Contractors (GERMANY) (March 2005)

1. U.S. Citizen Contractors that work with or teach youths under the age of 18 years are subject to local and stateside background checks. The activity manager will determine the extent of background checks required. The contractor employee may begin performance of the contract after receiving a favorable local background check. The contractor agrees to replace the employee should results of the stateside background check, if required, be unfavorable as determined by the activity manager. The contractor’s replacement of the employee with the unfavorable background check shall be within a timeframe provided by the activity manager. The contractor also agrees to replace employees whose background check, during their tenure of employment, renders them with an unfavorable local or stateside background check, as determined by the activity manager. Activity managers will forward a copy of each background check, identifying such with the appropriate contract number, to the contracting officer for inclusion in the contract file. When the Government awards a nonpersonal services contract directly to an individual, the failure of said individual to provide a favorable background check would be grounds for termination.

mailto:Klaus.preikszas1.ln@mail.mil mailto:Betina.emmerich-gruening.ln@mail.mil

2. Local Nationals and Third Country Nationals

Local national and third country national contractors that work with or teach youths under the age of 18 years are subject to background checks as determined by the activity manager. As a minimum prior to beginning performance, local national and third country national contractors will furnish the activity manager a Polizeiliches Fuehrungszeugnis issued within the previous four months. The activity manager will determine the favorability of the Polizeiliche Fuehrungszeugnis. Local nationals and third country nationals agree to the same employee termination provisions as stated for US Citizens (above). A copy of the Polizeiliche Fuehrungszeugnis will be forwarded to the contracting officer with appropriate contract number, for inclusion in the contract file.

CCE 225-4000 AUTHORIZATION TO PERFORM SERVICES IN GERMANY (March 2005)

Contractors performing services in the Federal Republic of Germany (FRG) shall comply with German law. The Contractor shall determine whether performance requires registration with German authorities or authorization to do business in Germany and, if so, shall comply with all requirements. Whether or not registration or authorization to do business is required, the Contractor also shall determine what documents or authorization its employees and any subcontractor employees must possess to work in Germany. The Contractor shall ensure affirmatively that its employees and subcontractor employees possess such documents or authorizations.

Contractor employees who:

(a) are not nationals of Germany or other European Union countries, and

(b) are not members of the force, the civilian component or their dependents, and

(c) do not have assimilated status under Articles 71, 72, or 73 of the Supplementary Agreement to the NATO SOFA shall possess work and residence permits.

By acceptance of and performance under this contract and any task orders or delivery orders issued hereunder, the Contractor affirms that it has complied with the requirements above.

Compliance with this clause and German law is a material contract requirement. Noncompliance by the Contractor or Subcontractor at any tier shall be grounds for issuing a negative past performance evaluation and terminating this contract, task order, or delivery order for default.

(End of local clause)

CCE 225-4001 INSTALLATION CLEARANCE RERQUIREMENTS (March 2005)

(a) Access to U.S. installations and controlled areas is limited to personnel who meet security criteria and are authorized by Host Nation law to work in that country. Failure to submit required information/data and obtain required documentation or clearances in accordance with AE Regulation 190-16, Installation Access Control, will be grounds for denying access to U.S. installations and controlled areas. The Contractor is responsible to ensure that any Subcontractor used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any Subcontractor utilized by the contractor, are made aware of and comply with these requirements.

(b) The Contractor is responsible for being aware of and complying with the requirements associated with Installation Access Control. The Government is not liable for any costs associated with performance delays due solely to a firm’s failure to comply with Installation Access Control (IAC) processing requirements.

(c) The Contractor is responsible for returning installation passes to the issuing Installation Access Control Office (IACO) when the contract is completed or when a contractor employee no longer requires access.

(d) AE 190-16 (and AE 190-16-G German translation) can be found on the following website:

http://www.hq.usacce.army.mil/

(e) Below is the responsible Organizational Sponsor & Installation Access Control Office for this contract:

Organizational Sponsor: Will be provided upon award Location: Building No:

DSN Phone No: Commercial Phone No:

Installation Access Control Office: USAG-Wiesbaden IACS Office Location: Wiesbaden Army Airfield Building No: 1062 DSN Phone No: 337-7259 Commercial Phone No: 0611-705-7259

CCE 237-4000 CONTRACTOR IDENTIFICATION REQUIREMENT (March 2005)

All contractor personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious are required to identify themselves as such to avoid being mistaken for Government officials.