W912CM20Q0006_MR_FireExtinguishers.pdf
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- Maintenance & Repair of Fire Extinguishers
- Solicitation number
- W912CM-20-Q-0006
About this file
This is a request for quotation (RFQ) from the Regional Contracting Office Wiesbaden for a firm fixed price non-personal services contract to provide maintenance and repair of fire extinguishers at United States Army Garrison Wiesbaden, Germany. The performance period is one 12-month base period with four 12-month option periods anticipated to begin on 28 September 2020. The solicitation seeks quotes for services including disposal, hydrostatic testing, operating instruction labels, inspection tags, maintenance and repair at various locations, purchase and delivery of equipment, and spare parts. The Performance Work Statement and technical exhibits provide pricing terms and inventory lists.
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Other files
| File | Type | Posted |
|---|---|---|
| Technical_Exhibit_D_Price_Book_Spare_Parts_CLINs_X008.xls | XLS spreadsheet | |
| Attachment 1 - Individual Reference Information Sheet.docx | DOCX document | |
| Exhibit_E_Inventory List_AFH.xls | XLS spreadsheet | |
| Technical_Exhibit_C_Price_Book_Extinguishers_CLINs_X007.xls | XLS spreadsheet |
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SEE ADDENDUM
(No Collect Calls)
W912CM20Q0006 29-Jul-2020
b. TELEPHONE NUMBER
0611-143-546-6749
8. OFFER DUE DATE/LOCAL TIME
10:00 AM 28 Aug 2020
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 X 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
DEGENHARD WILL
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
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
0011419778
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
RCO WIESBADEN
KO DIRECTORATE OF CONTRACTING
KONRAD-ADENAUER-RING 39, BLDG. 5301
65187 WIESBADEN
GERMANY
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
BLDG. 4004
55252 MAINZ KASTEL
GERMANY
TEL: 011-49-631-413-8 FAX:
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$16,500,000
NAICS:
238220
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 OF84
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.
W912CM20Q0006
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 450 Each Disposal Services
FFP
Disposal of fire extinguishers 6/9/12/50 kg, in accordance with (IAW) Performance Work Statement (PWS) para. 5.2.1.
FOB: Destination
PURCHASE REQUEST NUMBER: 0011419778
PSC CD: J012
NET AMT
0002 250 Each Hydrostatic tests
FFP
Hydrostatic tests of CO2 fire extinguishers IAW PWS para. 5.2.2. Test shall be conducted in accordance with NFPA # 10, DIN 14406- part 4 and EN3 requirements.
FOB: Destination
0003 4,279 Each Operating Instruction Labels
FFP
Operating instruction labels IAW PWS para 5.2.3.
FOB: Destination
0004 4,279 Each Fire Extinguisher Tags
FFP
Fire extinguisher inspection tags IAW PWS para. 5.2.3.
FOB: Destination
0005 3,900 Each Maintenance and Repair Services OMA
FFP
Maintenance and Repair (M&R) of various types of portable fire extinguishers IAW PWS para.5.2.5.
FOB: Destination
0006 379 Each Maintenance and Repair Services AFH
FFP
M&R of various types of portable fire extinguishers IAW PWS para.5.2.6.
FOB: Destination
0007 1 Job Purchase and Delivery
FFP
Purchase and Delivery of various types of portable fire extinguishers IAW PWS para. 5.2.7 and Exhibit C Price Book Spare Parts.
FOB: Destination
0008 1 Job Spare Parts
FFP
Purchase of Spare Parts IAW PWS para. 5.2.8. Contractor shall invoice for reimbursement the actual spare parts used in accordance with Exhibit D Price Book Spare Parts.
FOB: Destination
1001 450 Each OPTION Disposal Services
FFP
Disposal of fire extinguishers 6/9/12/50 kg, in accordance with (IAW) Performance Work Statement (PWS) para. 5.2.1.
FOB: Destination
1002 250 Each OPTION Hydrostatic tests
FFP
Hydrostatic tests of CO2 fire extinguishers IAW PWS para. 5.2.2. Test shall be conducted in accordance with NFPA # 10, DIN 14406- part 4 and EN3 requirements.
1003 4,279 Each OPTION Operating Instruction Labels
FFP
Operating instruction labels IAW PWS para 5.2.3.
1004 4,279 Each OPTION Fire Extinguisher Tags
FFP
Fire extinguisher inspection tags IAW PWS para. 5.2.3.
1005 3,900 Each OPTION Maintenance and Repair Services OMA
FFP
Maintenance and Repair (M&R) of various types of portable fire extinguishers IAW PWS para.5.2.5.
1006 379 Each OPTION Maintenance and Repair Services AFH
FFP
M&R of various types of portable fire extinguishers IAW PWS para.5.2.6.
1007 1 Job OPTION Purchase and Delivery
FFP
Purchase and Delivery of various types of portable fire extinguishers IAW PWS para. 5.2.7 and Exhibit C Price Book Spare Parts.
1008 1 Job OPTION Spare Parts
FFP
Purchase of Spare Parts IAW PWS para. 5.2.8. Contractor shall invoice for reimbursement the actual spare parts used in accordance with Exhibit D Price Book Spare Parts.
2001 450 Each OPTION Disposal Services
FFP
Disposal of fire extinguishers 6/9/12/50 kg, in accordance with (IAW) Performance Work Statement (PWS) para. 5.2.1.
2002 250 Each OPTION Hydrostatic tests
FFP
Hydrostatic tests of CO2 fire extinguishers IAW PWS para. 5.2.2. Test shall be conducted in accordance with NFPA # 10, DIN 14406- part 4 and EN3 requirements.
2003 4,279 Each OPTION Operating Instruction Labels
FFP
Operating instruction labels IAW PWS para 5.2.3.
2004 4,279 Each OPTION Fire Extinguisher Tags
FFP
Fire extinguisher inspection tags IAW PWS para. 5.2.3.
2005 3,900 Each OPTION Maintenance and Repair Services OMA
FFP
Maintenance and Repair (M&R) of various types of portable fire extinguishers IAW PWS para.5.2.5.
2006 379 Each OPTION Maintenance and Repair Services AFH
FFP
M&R of various types of portable fire extinguishers IAW PWS para.5.2.6.
2007 1 Job OPTION Purchase and Delivery
FFP
Purchase and Delivery of various types of portable fire extinguishers IAW PWS para. 5.2.7 and Exhibit C Price Book Spare Parts.
2008 1 Job OPTION Spare Parts
FFP
Purchase of Spare Parts IAW PWS para. 5.2.8. Contractor shall invoice for reimbursement the actual spare parts used in accordance with Exhibit D Price Book Spare Parts.
3001 450 Each OPTION Disposal Services
FFP
Disposal of fire extinguishers 6/9/12/50 kg, in accordance with (IAW) Performance Work Statement (PWS) para. 5.2.1.
3002 250 Each OPTION Hydrostatic tests
FFP
Hydrostatic tests of CO2 fire extinguishers IAW PWS para. 5.2.2. Test shall be conducted in accordance with NFPA # 10, DIN 14406- part 4 and EN3 requirements.
3003 4,279 Each OPTION Operating Instruction Labels
FFP
Operating instruction labels IAW PWS para 5.2.3.
3004 4,279 Each OPTION Fire Extinguisher Tags
FFP
Fire extinguisher inspection tags IAW PWS para. 5.2.3.
3005 3,900 Each OPTION Maintenance and Repair Services OMA
FFP
Maintenance and Repair (M&R) of various types of portable fire extinguishers IAW PWS para.5.2.5.
3006 379 Each OPTION Maintenance and Repair Services AFH
FFP
M&R of various types of portable fire extinguishers IAW PWS para.5.2.6.
3007 1 Job OPTION Purchase and Delivery
FFP
Purchase and Delivery of various types of portable fire extinguishers IAW PWS para. 5.2.7 and Exhibit C Price Book Spare Parts.
3008 1 Job OPTION Spare Parts
FFP
Purchase of Spare Parts IAW PWS para. 5.2.8. Contractor shall invoice for reimbursement the actual spare parts used in accordance with Exhibit D Price Book Spare Parts.
4001 450 Each OPTION Disposal Services
FFP
Disposal of fire extinguishers 6/9/12/50 kg, in accordance with (IAW) Performance Work Statement (PWS) para. 5.2.1.
4002 250 Each OPTION Hydrostatic tests
FFP
Hydrostatic tests of CO2 fire extinguishers IAW PWS para. 5.2.2. Test shall be conducted in accordance with NFPA # 10, DIN 14406- part 4 and EN3 requirements.
4003 4,279 Each OPTION Operating Instruction Labels
FFP
Operating instruction labels IAW PWS para 5.2.3.
4004 4,279 Each OPTION Fire Extinguisher Tags
FFP
Fire extinguisher inspection tags IAW PWS para. 5.2.3.
4005 3,900 Each OPTION Maintenance and Repair Services OMA
FFP
Maintenance and Repair (M&R) of various types of portable fire extinguishers IAW PWS para.5.2.5.
4006 379 Each OPTION Maintenance and Repair Services AFH
FFP
M&R of various types of portable fire extinguishers IAW PWS para.5.2.6.
4007 1 Job OPTION Purchase and Delivery
FFP
Purchase and Delivery of various types of portable fire extinguishers IAW PWS para. 5.2.7 and Exhibit C Price Book Spare Parts.
4008 1 Job OPTION Spare Parts
FFP
Purchase of Spare Parts IAW PWS para. 5.2.8. Contractor shall invoice for reimbursement the actual spare parts used in accordance with Exhibit D Price Book Spare Parts.
7500 1 Each Service Contract Reporting
FFP
The Contractor shall set up and report IAW Para 5.4 of the PWS, entitled Service Contract Reporting (SCR). Note that reporting is due NLT 31 OCT 2020. 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 Contracting Officer's Representative(COR) has verified completion of the SCR reporting requirement.
When using SCR use: Command: US Army Installation Management; Country:
Germany; Description: USAG Wiesbaden, UIC: W6E9AA FOB: Destination
7501 1 Each OPTION Service Contract Reporting
FFP
The Contractor shall set up and report IAW Para 5.4 of the PWS, entitled Service Contract Reporting (SCR). Note that reporting is due NLT 31 OCT 2020. 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 Contracting Officer's Representative(COR) has verified completion of the SCR reporting requirement.
When using SCR use: Command: US Army Installation Management; Country:
Germany; Description: USAG Wiesbaden, UIC: W6E9AA
7502 1 Each OPTION Service Contract Reporting
FFP
The Contractor shall set up and report IAW Para 5.4 of the PWS, entitled Service Contract Reporting (SCR). Note that reporting is due NLT 31 OCT 2020. 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 Contracting Officer's Representative(COR) has verified completion of the SCR reporting requirement.
When using SCR use: Command: US Army Installation Management; Country:
Germany; Description: USAG Wiesbaden, UIC: W6E9AA
7503 1 Each OPTION Service Contract Reporting
FFP
The Contractor shall set up and report IAW Para 5.4 of the PWS, entitled Service Contract Reporting (SCR). Note that reporting is due NLT 31 OCT 2020. 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 Contracting Officer's Representative(COR) has verified completion of the SCR reporting requirement.
When using SCR use: Command: US Army Installation Management; Country:
Germany; Description: USAG Wiesbaden, UIC: W6E9AA
7504 1 Each OPTION Service Contract Reporting
FFP
The Contractor shall set up and report IAW Para 5.4 of the PWS, entitled Service Contract Reporting (SCR). Note that reporting is due NLT 31 OCT 2020. 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 Contracting Officer's Representative(COR) has verified completion of the SCR reporting requirement.
When using SCR use: Command: US Army Installation Management; Country:
Germany; Description: USAG Wiesbaden, UIC: W6E9AA
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 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 1005 Destination Government Destination Government 1006 Destination Government Destination Government 1007 Destination Government Destination Government 1008 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 2005 Destination Government Destination Government 2006 Destination Government Destination Government 2007 Destination Government Destination Government 2008 Destination Government Destination Government
3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 3005 Destination Government Destination Government 3006 Destination Government Destination Government 3007 Destination Government Destination Government 3008 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government 4004 Destination Government Destination Government 4005 Destination Government Destination Government 4006 Destination Government Destination Government 4007 Destination Government Destination Government 4008 Destination Government Destination Government 7500 Destination Government Destination Government 7501 Destination Government Destination Government 7502 Destination Government Destination Government 7503 Destination Government Destination Government 7504 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 28-SEP-2020 TO
27-SEP-2021
N/A W6E9 USAG WIESBADEN
W6E9 USAG WIESBADEN
MAINZ KASTEL STORAGE
BLDG. 4004
55252 MAINZ KASTEL
GERMANY
011-49-631-413-8
W582RS
0002 POP 28-SEP-2020 TO
27-SEP-2021
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 28-SEP-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 28-SEP-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0005 POP 28-SEP-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0006 POP 28-SEP-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0007 POP 28-SEP-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0008 POP 28-SEP-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
1001 POP 28-SEP-2021 TO
27-SEP-2022
N/A (SAME AS PREVIOUS LOCATION)
1002 POP 28-SEP-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
1003 POP 28-SEP-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
1004 POP 28-SEP-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
1005 POP 28-SEP-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
1006 POP 28-SEP-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
1007 POP 28-SEP-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
1008 POP 28-SEP-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 28-SEP-2022 TO
27-SEP-2023
N/A (SAME AS PREVIOUS LOCATION)
2002 POP 28-SEP-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
2003 POP 28-SEP-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
2004 POP 28-SEP-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
2005 POP 28-SEP-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
2006 POP 28-SEP-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
2007 POP 28-SEP-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
2008 POP 28-SEP-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 28-SEP-2023 TO
27-SEP-2024
N/A (SAME AS PREVIOUS LOCATION)
3002 POP 28-SEP-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
3003 POP 28-SEP-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
3004 POP 28-SEP-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
3005 POP 28-SEP-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
3006 POP 28-SEP-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
3007 POP 28-SEP-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
3008 POP 28-SEP-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
4001 POP 28-SEP-2024 TO
27-SEP-2025
N/A (SAME AS PREVIOUS LOCATION)
4002 POP 28-SEP-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
4003 POP 28-SEP-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
4004 POP 28-SEP-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
4005 POP 28-SEP-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
4006 POP 28-SEP-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
4007 POP 28-SEP-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
4008 POP 28-SEP-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
7500 POP 28-SEP-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
7501 POP 28-SEP-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
7502 POP 28-SEP-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
7503 POP 28-SEP-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
7504 POP 28-SEP-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018
ADDENDUM 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's Representative (COR) of the Receiving Activity.
In addition to FAR 52.212-4 (i) “Payments” the following shall apply: Partial payments are authorized.
Para (o) Warranty: The following shall apply in addition:
COMMERCIAL WARRANTY:
The Contractor agrees that supplies or services furnished under this contract shall be covered by the most favorable commercial warranties the Contractor gives to any customer for such supplies or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the Government by any other clause of this contract.
Para (t) System for Award Management (SAM). RESERVED Contractors shall be registered in the System for Award Management (SAM), URL:
https://www.sam.gov/portal/public/SAM/ prior to contract award.
ELECTRONIC PAYMENT AND PROCESSING OF INVOICES:
a. The Contractor shall submit invoices electronically through Procurement Integrated Enterprise Environment (PIEE) (formerly known as 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 PIEE. 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 PIEE the following information shall be submitted to the
EMAIL address: disa.ogden.esd.mbx.cscassig@mail.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. 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.
e. Administrative Office:
409th CSB, Regional Contracting Office Wiesbaden
ATTN: CCEC-EUZ-CSW
Konrad-Adenauer-Ring 39 65187 Wiesbaden, Germany NOTE: If the contract has more than one Line Item, Contractors shall indicate 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.
CLAUSES INCORPORATED BY FULL TEXT
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAR 2020)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.
C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.
L. 111-117, section 743 of Div. C).
X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C.
2313).
____ (10) [Reserved]
____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).
____ (ii) Alternate I (MAR 2020) of 52.219-3.
____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
____ (ii) Alternate I (MAR 2020) of 52.219-4.
____ (13) [Reserved]
____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).
____ (ii) Alternate I (MAR 2020).
____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).
____ (ii) Alternate I (MAR 2020) of 52.219-7.
____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).
____ (17)(i) 52.219-9, Small Business Subcontracting Plan (MAR 2020) (15 U.S.C. 637(d)(4)).
____ (ii) Alternate I (NOV 2016) of 52.219-9.
____ (iii) Alternate II (NOV 2016) of 52.219-9.
____ (iv) Alternate III (MAR 2020) of 52.219-9.
____ (v) Alternate IV (AUG 2018) of 52.219-9.
____ (18) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
____ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).
____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).
____ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2020) (15 U.S.C. 632(a)(2)).
____ (ii) Alternate I (MAR 2020) of 52.219-28.
____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).
____ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).
____ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
____ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).
____ (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
(28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).
____ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
____ (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).
____ (ii) Alternate I (FEB 1999) of 52.222-26.
____ (31)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212).
____ (ii) Alternate I (JUL 2014) of 52.222-35.
____ (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).
____ (ii) Alternate I (JUL 2014) of 52.222-36.
____ (33) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
____ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.
13496).
X (35)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).
X (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
____ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
____ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).
____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners
(JUN 2016) (E.O. 13693).
____ (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).
____ (ii) Alternate I (OCT 2015) of 52.223-13.
____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
____ (ii) Alternate I (JUN 2014) of 52.223-14.
____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).
____ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
____ (ii) Alternate I (JUN 2014) of 52.223-16.
X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O.
13513).
____ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
____ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).
____ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
____ (ii) Alternate I (JAN 2017) of 52.224-3.
____ (48) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 83).
____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
____ (ii) Alternate I (MAY 2014) of 52.225-3.
____ (iii) Alternate II (MAY 2014) of 52.225-3.
____ (iv) Alternate III (MAY 2014) of 52.225-3.
____ (50) 52.225-5, Trade Agreements (OCT 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
X (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150
____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.
5150).
____ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
____ (56) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
X (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C.
3332).
____ (58) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).
____ (59) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
____ (60) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
____ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).
____ (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C.
Appx. 1241(b) and 10 U.S.C. 2631).
____ (ii) Alternate I (APR 2003) of 52.247-64.
____ (iii) Alternate II (FEB 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
(1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).
_____ (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
_____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.
chapter 67).
_____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
_____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
_____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).
_____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).
_____(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).
_____ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
_____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph
(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(viii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).
(xiv) _____ (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).
_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)
(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxiii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 52.204-13 System for Award Management Maintenance OCT 2018 52.222-50 Combating Trafficking in Persons JAN 2019 52.225-14 Inconsistency Between English Version And Translation Of
Contract
FEB 2000
252.203-7000 Requirements Relating to Compensation of Former DoD Officials
SEP 2011
252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7015 Notice of Authorized Disclosure of Information for Litigation
Support
MAY 2016
252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013
CLAUSES INCORPORATED BY FULL TEXT
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 one (1) Day prior to contract expiration.
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 30 Days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 & 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.
52.252-2 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/
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.
252.225-7041 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.
252.225-7043 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: 0611-143548-3036
252.229-7001 TAX RELIEF (APR 2020) - ALTERNATE I (APR 2020)
(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: Mehrwertsteuer (MWST)
RATE (PERCENTAGE): 19%
(b) 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. 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.
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