W912CM16T0005RFQ.pdf

SEE ADDENDUM

(No Collect Calls)

W912CM-16-T-0005 05-Feb-2016

b. TELEPHONE NUMBER

0611-143-546-6722

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 07 Mar 2016

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912CM9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JOAN AHUJA

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

(TYPE OR PRINT)

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

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

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0010665773

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

ECC RCO WIESBADEN

KO DIRECTORATE OF CONTRACTING

KONRAD-ADENAUER-RING 39, BLDG. 5301

WIESBADEN 65187

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W582RS 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

W6E9 USAG WIESBADEN

W6E9 USAG WIESBADEN

MAINZ KASTEL STORAGE

BUILDING 4004

55252 MAINZ KASTEL

GERMANY

TEL: 049-631-413-8182 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$15,000,000

NAICS:

624229

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF91

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912CM-16-T-0005

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months Army Family Housing Services (AFH)

FFP

The Contractor shall provide non-personal location and relocation services for eligible Soldiers and civilians families in the Wiesbaden community in accordance with the Performance Work Statement. Historically, approximately 90% of customers fall under this category. Services under this CLIN shall be performed Monday through Friday.

Period of Performance: 1 May 2016 - 14 Apr 2017 FOB: Destination

PURCHASE REQUEST NUMBER: 0010665773

NET AMT

0002 12 Months Unaccompanied Personel Housing Services

FFP

The Contractor shall provide non-personal Unaccompanied Personnel Housing (UPH) services (location and relocation services) for eligible unaccompanied personnel in the Wiesbaden community in accordance with the Performance Work Statement. Historically, approximately 10% of customers fall under this category.

Services under this CLIN shall be performed Monday through Friday.

Period of Performance: 1 May 2016 - 14 Apr 2017

0003 1 Each Housing Services for AFH - Saturday

FFP

The Contractor shall provide non-personal location and relocation AFH services on Saturday.

Period of Performance: 1 May 2016 - 14 Apr 2017

0004 1 Each Housing Services for UPH - Saturday

FFP

The Contractor shall provide non-personal location and relocation UPH services on Saturday.

Period of Performance: 1 May 2016 - 14 Apr 2017

Phase-in

FFP

The Contractor shall perform Phase-in and Phase-out in accordance with PWS para. 1.4.16.

Period of Performance: 15 - 30 Apr 2016

1001 12 Months OPTION Army Family Housing Services (AFH)

FFP

The Contractor shall provide non-personal location and relocation services for eligible Soldiers and civilians families in the Wiesbaden community in accordance with the Performance Work Statement. Historically, approximately 90% of customers fall under this category. Services under this CLIN shall be performed Monday through Friday.

Period of Performance: 15 Apr 2017 – 14 Apr 2018

1002 12 Months OPTION Unaccompanied Personel Housing Services

FFP

The Contractor shall provide non-personal Unaccompanied Personnel Housing (UPH) services (location and relocation services) for eligible unaccompanied personnel in the Wiesbaden community in accordance with the Performance Work Statement. Historically, approximately 10% of customers fall under this category.

Services under this CLIN shall be performed Monday through Friday.

1003 1 Each OPTION Housing Services for AFH - Saturday

FFP

The Contractor shall provide non-personal location and relocation AFH services on Saturday.

1004 1 Each OPTION Housing Services for UPH - Saturday

FFP

The Contractor shall provide non-personal location and relocation UPH services on Saturday.

2001 12 Months OPTION Army Family Housing Services (AFH)

FFP

The Contractor shall provide non-personal location and relocation services for eligible Soldiers and civilians families in the Wiesbaden community in accordance with the Performance Work Statement. Historically, approximately 90% of customers fall under this category. Services under this CLIN shall be performed Monday through Friday.

Period of Performance: 15 Apr 2018 – 14 Apr 2019

2002 12 Months OPTION Unaccompanied Personel Housing Services

FFP

The Contractor shall provide non-personal Unaccompanied Personnel Housing (UPH) services (location and relocation services) for eligible unaccompanied personnel in the Wiesbaden community in accordance with the Performance Work Statement. Historically, approximately 10% of customers fall under this category.

Services under this CLIN shall be performed Monday through Friday.

2003 1 Each OPTION Housing Services for AFH - Saturday

FFP

The Contractor shall provide non-personal location and relocation AFH services on Saturday.

2004 1 Each OPTION Housing Services for UPH - Saturday

FFP

The Contractor shall provide non-personal location and relocation UPH services on Saturday.

3001 12 Months OPTION Army Family Housing Services (AFH)

FFP

The Contractor shall provide non-personal location and relocation services for eligible Soldiers and civilians families in the Wiesbaden community in accordance with the Performance Work Statement. Historically, approximately 90% of customers fall under this category. Services under this CLIN shall be performed Monday through Friday.

Period of Performance: 15 Apr 2019 – 14 Apr 2020

3002 12 Months OPTION Unaccompanied Personel Housing Services

FFP

The Contractor shall provide non-personal Unaccompanied Personnel Housing (UPH) services (location and relocation services) for eligible unaccompanied personnel in the Wiesbaden community in accordance with the Performance Work Statement. Historically, approximately 10% of customers fall under this category.

Services under this CLIN shall be performed Monday through Friday.

3003 1 Each OPTION Housing Services for AFH - Saturday

FFP

The Contractor shall provide non-personal location and relocation AFH services on Saturday.

3004 1 Each OPTION Housing Services for UPH - Saturday

FFP

The Contractor shall provide non-personal location and relocation UPH services on Saturday.

4001 12 Months OPTION Army Family Housing Services (AFH)

FFP

The Contractor shall provide non-personal location and relocation services for eligible Soldiers and civilians families in the Wiesbaden community in accordance with the Performance Work Statement. Historically, approximately 90% of customers fall under this category. Services under this CLIN shall be performed Monday through Friday.

Period of Performance: 15 Apr 2020 – 14 Apr 2021

4002 12 Months OPTION Unaccompanied Personel Housing Services

FFP

The Contractor shall provide non-personal Unaccompanied Personnel Housing (UPH) services (location and relocation services) for eligible unaccompanied personnel in the Wiesbaden community in accordance with the Performance Work Statement. Historically, approximately 10% of customers fall under this category.

Services under this CLIN shall be performed Monday through Friday.

4003 1 Each OPTION Housing Services for AFH - Saturday

FFP

The Contractor shall provide non-personal location and relocation AFH services on Saturday.

4004 1 Each OPTION Housing Services for UPH - Saturday

FFP

The Contractor shall provide non-personal location and relocation UPH services on Saturday.

7500 1 Job Contractor Manpower Reporting

FFP

The contractor shall set up and report IAW Para 5.3 of the PWS, entitled Contractor Manpower Reporting (CMR). Note that reporting is due NLT 31 OCT 2017. A Final Report shall be made for the remaining contract period if Option 1 is not exercised. Final payment will not be processed until the COR has verified completion of the CMR reporting requirement. When completing CMR, use:

Command: US Army Installation Management; Country: Germany; Description:

USAG Wiesbaden, UIC: W6E9AA.

7501 1 Job OPTION Contractor Manpower Reporting

FFP

The contractor shall set up and report IAW Para 5.3 of the PWS, entitled Contractor Manpower Reporting (CMR). Note that reporting is due NLT 31 OCT 2018. A Final Report shall be made for the remaining contract period if Option 2 is not exercised. Final payment will not be processed until the COR has verified completion of the CMR reporting requirement. When completing CMR, use:

Command: US Army Installation Management; Country: Germany; Description:

7502 1 Job OPTION Contractor Manpower Reporting

FFP

The contractor shall set up and report IAW Para 5.3 of the PWS, entitled Contractor Manpower Reporting (CMR). Note that reporting is due NLT 31 OCT 2019. A Final Report shall be made for the remaining contract period if Option 3 is not exercised. Final payment will not be processed until the COR has verified completion of the CMR reporting requirement. When completing CMR, use:

Command: US Army Installation Management; Country: Germany; Description:

7503 1 Job OPTION Contractor Manpower Reporting

FFP

The contractor shall set up and report IAW Para 5.3 of the PWS, entitled Contractor Manpower Reporting (CMR). Note that reporting is due NLT 31 OCT 2020. A Final Report shall be made for the remaining contract period if Option 4 is not exercised. Final payment will not be processed until the COR has verified completion of the CMR reporting requirement. When completing CMR, use:

Command: US Army Installation Management; Country: Germany; Description:

7504 1 Job OPTION Contractor Manpower Reporting

FFP

The contractor shall set up and report IAW Para 5.3 of the PWS, entitled Contractor Manpower Reporting (CMR). Note that reporting is due NLT 31 OCT 2021. A Final Report shall be made for the remaining contract period. Final payment will not be processed until the COR has verified completion of the CMR reporting requirement. When completing CMR, use: Command: US Army Installation Management; Country: Germany; Description: USAG Wiesbaden, UIC: W6E9AA.

CLAUSES INCORPORATED BY REFERENCE

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 POP 01-MAY-2016 TO

14-APR-2017

N/A W6E9 USAG WIESBADEN

W6E9 USAG WIESBADEN

MAINZ KASTEL STORAGE

BUILDING 4004

55252 MAINZ KASTEL

GERMANY

049-631-413-8182

W582RS

0002 POP 01-MAY-2016 TO

14-APR-2017

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-MAY-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-MAY-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 15-APR-2016 TO

30-APR-2016

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 15-APR-2017 TO

14-APR-2018

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 15-APR-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 15-APR-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 15-APR-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 15-APR-2018 TO

14-APR-2019

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 15-APR-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 15-APR-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 15-APR-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 15-APR-2019 TO

14-APR-2020

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 15-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 15-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 15-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 15-APR-2020 TO

14-APR-2021

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 15-APR-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 15-APR-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4004 POP 15-APR-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

7500 POP 15-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

7501 POP 15-APR-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

7502 POP 15-APR-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

7503 POP 15-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

7504 POP 15-APR-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (MAY 2015)

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

(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

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

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.--

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

destination.

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

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

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract 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.

(2)(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 FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer 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; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(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.

(3) 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 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.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti- Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an ``I agree'' click box or other comparable mechanism (e.g., ``click-wrap'' or ``browse-wrap'' agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. 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)

ADDENDUM TO FAR 52.212-4

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

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 Representative (COR) of the Receiving Activity.

In addition to FAR 52.212-4 (i) “Payment” the following shall apply: Partial payments are authorized.

Para (k) Taxes: The following is added:

DFARS 252.229-7001 TAX RELIEF (SEP 2014) - ALTERNATE I (SEP 2014) applies to this contract.

Para (t) Central Contractor Registration (CCR). Contractors shall be registered in the System for Award Management (SAM), URL: https://www.sam.gov/portal/public/SAM/ prior to contract award.

Para (v) below is added for all other clauses, terms and conditions applicable to this contract.

Para (v) Miscellaneous Applicable Terms and Conditions:

ELECTRONIC PAYMENT AND PROCESSING OF INVOICES:

a. The contractor shall submit invoices electronically through Invoicing, Receipt, Acceptance, and Property Transfer (iRAPT, formerly WAWF). See clause 252.232-7006, WAWF Payment Instructions, incorporated herein in this contract.

b. The contractor shall designate an Electronic Business (EB) point of contact in the Central Contractor Registration site at www.sam.gov to be able to use iRAPT. Contractors shall be registered in SAM prior to award and are urged to begin the registration process as early as possible to ensure registration can be activated at time of award.

c. To activate CAGE (NCAGE) for your company in iRAPT the following information shall be submitted to the

EMAIL address: CSCASSIG@CSD.DISA.MIL;

SUBJECT: WAWF CAGE Code Activation

TEXT:

Ogden Support: Please activate the following CAGE Code(s) in WAWF:

1. Cage Code(s):

2. EB POC's Name:

3. EB POC's Email:

4. EB POC's Phone Number:

d. Submit invoices for the previous month's contract services in iRAPT for approval by the COR no later lhan (NLT) the 10th working of the next month.

e. 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 authorize payment using the iRAPT system.

f. Administrative Office:

Regional Contracting Office Wiesbaden 409th Contracting Support Brigade

ATTN: CCEC-EUZS-CSW

Konrad-Adenauer-Ring 39 65187 Wiesbaden, Germany

NOTE: If the contract has more than one Line Item, Contractors must indicated on their invoice 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.

g. For local vendors, the Value Added Tax forms (Abwicklungsschein fuer abgabenbeguenstigte Lieferungen/Leistungen nach dem Offshore Steuerabkommen) will be submitted to Finance Office named in Block 18a of SF 1449, page 1 of the contract.

h. CONTRACTOR PERFORMANCE EVALUATION:

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”.

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

APR 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2015

52.204-13 System for Award Management Maintenance JUL 2013 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.204-19 Incorporation by Reference of Representations and Certifications.

DEC 2014

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 (Dev) Compliance with Safeguarding Covered Defense Information

Controls

OCT 2015

252.204-7012 (Dev) Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2015

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7041 Correspondence in English JUN 1997 252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997 252.229-7001 Alt I Tax Relief (Sept 2014) - Alternate I SEP 2014 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.225-7012 Preference For Certain Domestic Commodities FEB 2013

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 within 15 days prior to contract expeiration.

(End of clause)

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 within 15 days before expiration of contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 66 months.

FAR 52.228-3 & FAR 52.228-4

The following clauses 52.228-3 and 52.228-4 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) (JUL 2014)

(a) The Contractor shall--

(1) Before commencing performance under this contract, establish provisions to provide for the payment of disability compensation and medical benefits to covered employees and death benefits to their eligible survivors, by purchasing workers' compensation insurance or qualifying as a self-insurer under the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 932) as extended by the Defense Base Act (42 U.S.C. 1651, et seq.), and continue to maintain provisions to provide such Defense Base Act benefits until contract performance is completed;

(2) Within ten days of an employee's injury or death or from the date the Contractor has knowledge of the injury or death, submit Form LS-202 (Employee's First Report of Injury or Occupational Illness) to the Department of Labor in accordance with the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 930(a), 20 CFR

702.201 to 702.203);

(3) Pay all compensation due for disability or death within the time frames required by the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 914, 20 CFR 702.231 and 703.232);

(4) Provide for medical care as required by the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 907, 20 CFR 702.402 and 702.419);

(5) If controverting the right to compensation, submit Form LS-207 (Notice of Controversion of Right to Compensation) to the Department of Labor in accordance with the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 914(d), 20 CFR 702.251);

(6) Immediately upon making the first payment of compensation in any case, submit Form LS-206 (Payment Of Compensation Without Award) to the Department of Labor in accordance with the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 914(c), 20 CFR 702.234);

(7) When payments are suspended or when making the final payment, submit Form LS-208 (Notice of Final Payment or Suspension of Compensation Payments) to the Department of Labor in accordance with the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 914(c) and (g), 20 CFR 702.234 and 702.235); and

(8) Adhere to all other provisions of the Longshore and Harbor Workers' Compensation Act as extended by the Defense Base Act, and Department of Labor regulations at 20 CFR Parts 701 to 704.

(b) For additional information on the Longshore and Harbor Workers' Compensation Act requirements see http://www.dol.gov/owcp/dlhwc/lsdba.htm.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts to which the Defense Base Act applies.

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.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/ https://www.farsite.hill.af.mil/

(End of provision)

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):

https://www.acquisition.gov/far http://farsite.hill.af.mil

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

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 (JUN 2015)

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

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

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

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

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

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

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

(1) A foreign government;

(2) A representative of a foreign government; or

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

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

telephone, DSN 222-9832 or commercial (703) 692-9832, and for Germany:

USAG Wiesbaden Bldg # 1205 ATTN: Mr. Michael Dirks Lucas D. Clay Kaserne Wiesbaden Army Airfield Tel: 0611-143 548-3036

252.225-7048 Export-Controlled Items JUN 2013

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.

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