W912DY19T0019.pdf

W912DY19T0019

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Products and Services

FFP

The purpose of this contract is to provide and install various furniture for PN PN 19WIES001, Office of the Command Surgeon, US Army Europe, Bldg 1543, Clay Caserne, USAG Wiesbaden, Germany.

FOB: Destination

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2018

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.212-1 Instructions to Offerors--Commercial Items OCT 2018 52.212-2 Evaluation - Commercial Items OCT 2014 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.212-5 Contract Terms and Conditions Required to Implement

Statutes or Executive Orders--Commercial Items

MAY 2019

52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-8 Utilization of Small Business Concerns OCT 2018 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.232-17 Interest MAY 2014 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.247-34 F.O.B. Destination NOV 1991

The following have been added by reference:

252.209-7992 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law – Fiscal Year 2015 Appropriations The following have been added by full text:

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.

(End of clause)

52.000-4004 IMMUNITY FROM LEGAL PROCESS

The Contractor agrees to indemnify and save harmless the United States Government against all claims and suits of whatsoever nature arising under or incidental to performance of this contract by any subcontractor against the United States Government. The Contractor further agrees to waive his rights to bring suit or other legal action against the United States Government, except as provided in the "Disputes" clause of this contract and in the United States Federal Statutes. (September 1993) (End of Clause)

52.000-4008 DESIGNATED COUNTRY CITIZENS ON USAREUR ACCESS- CONTROLLED

INSTALLATIONS (SEP 1999)

Designated country citizens (passport holders) are not authorized access to USAREUR controlled installations.

Performance under this contractual document does not authorize designated country citizens access to such installations. Designated country as used in this provision includes Afghanistan, Algeria, Burma, Cambodia, Cuba, Iran, Iraq, Laos, Libya, Mongolia, North Korea, People's Republic of China (including Tibet), Syria, Yemen, and Former Yugoslavia (Serbia, Montenegro, and Bosnia Herzegovina).

Individuals from Serbia and Montenegro will hold a Yugoslavian Passport. Individuals from Bosnia Herzegovina have their own passports. The list of designated countries is subject to change upon notification by USAREUR to local installations. To gain access to USAREUR Access Controlled Installations all Foreign Nationals, IAW USAREUR Regulation 604-1, Foreign National Screening Program, regardless of country of origin, will submit an original Police Good Conduct Certificate (PGCC) to the COR. Foreign Nationals who are not citizens of an EU member state must submit a copy of their passport showing a valid residence and work permit to the COR. Exceptions to this clause can only be made through a0ctbjrc Sticky Note the-1 and -2 are in full text below and cannot be IBR here. also the -5 needs to be full text and completed per the prescriptions based upon the total value a0ctbjrc Highlight a0ctbjrc Highlight a0ctbjrc Highlight

ODCSINT USAREUR, ATTN: AEAGB-CI-S. The contractor agrees to insert the substance of this provision, including this paragraph, in all subcontracts. (September 1999) (End of Provision)

52.000-4038 ENGLISH SPEAKING REPRESENTATIVE (AUG 1993)

At all times when any performance of the work at the site is being conducted by any member of the Contractor or its subcontractors, the Contractor shall have a representative present on the site who is capable of explaining the work operations and receiving instructions in the English language. The Contracting Officer shall have the right to determine, without appeal of such decision, whether the proposed representative has sufficient technical and linguistic capabilities, and the Contractor shall immediately replace any individual not acceptable to the Contracting Officer.

(End of Clause)

52.000-4133 WORKERS COMPENSATION INSURANCE (DEFENSE BASE ACT) – COUNTRIES WITH

WAIVERS (AUGUST 2011)

(a) This clause supplements FAR Clause 52.228-3. The Department of Labor has waived application of the Defense Base Act for performance of work by employees other than U.S. citizens and employees recruited in the U.S. in the following countries: American Samoa, Bahama Island, Belgium, Botswana, El Salvador,France, Germany, Honduras, Israel, Italy, Japan, Kazakhstan, Oman, Qatar, Saudi Arabia, South America, South Korea, Spain, Territory of Guam, The Republic of Uzbekistan, The Russian Federation, Turkey, United Arab Emirates.

Accordingly, this clause applies to work performed by U.S.

citizens, employees recruited in the U.S. and also to work by any employee performed outside a country for which a Defense Base Act waiver is not in place.

252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS

OUTSIDE THE UNITED STATES (MAR 2006)

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

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

(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a nontransitory 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 For Army contracts: HQDA-AT; telephone, DSN 222-9832 or commercial (703) 692-9832.

52.000-4083 STANDARDS OF WORK SAFETY

The contractor is responsible for ensuring compliance with the most current Italian Laws concerning safety and health, including 494/96, and 528/99 as applicable.

52.229-6 TAXES--FOREIGN FIXED-PRICE CONTRACTS (JUN 2003)

(a) To the extent that this contract provides for furnishing supplies or performing services outside the United States and its outlying areas, this clause applies in lieu of any Federal, State, and local taxes clause of the contract.

(b) Definitions. As used in this clause-- "Contract date," means the date set for bid opening or, if this is a negotiated contract or a modification, the effective date of this contract or modification.

Country concerned means any country, other than the United States and its outlying areas, in which expenditures under this contract are made.

"Tax" and "taxes," include fees and charges for doing business that are levied by the government of the country concerned or by its political subdivisions.

"All applicable taxes and duties," means all taxes and duties, in effect on the contract date, that the taxing authority is imposing and collecting on the transactions or property covered by this contract, pursuant to written ruling or regulation in effect on the contract date.

"After-imposed tax," means any new or increased tax or duty, or tax that was exempted or excluded on the contract date but whose exemption was later revoked or reduced during the contract period, other than excepted tax, on the transactions or property covered by this contract that the Contractor is required to pay or bear as the result of legislative, judicial, or administrative action taking effect after the contract date.

"After-relieved tax," means any amount of tax or duty, other than an excepted tax, that would otherwise have been payable on the transactions or property covered by this contract, but which the Contractor is not required to pay or bear, or for which the Contractor obtains a refund, as the result of legislative, judicial, or administrative action taking effect after the contract date. "Excepted tax," means social security or other employment taxes, net income and franchise taxes, excess profits taxes, capital stock taxes, transportation taxes, unemployment compensation taxes, and property taxes. "Excepted tax" does not include gross income taxes levied on or measured by sales or receipts from sales, property taxes assessed on completed supplies covered by this contract, or any tax assessed on the Contractor's possession of, interest in, or use of property, title to which is in the U.S. Government.

(c) Unless otherwise provided in this contract, the contract price includes all applicable taxes and duties, except taxes and duties that the Government of the United States and the government of the country concerned have agreed shall not be applicable to expenditures in such country by or on behalf of the United States.

(d) The contract price shall be increased by the amount of any after-imposed tax or of any tax or duty specifically excluded from the contract price by a provision of this contract that the Contractor is required to pay or bear, including any interest or penalty, if the Contractor states in writing that the contract price does not include any contingency for such tax and if liability for such tax, interest, or penalty was not incurred through the Contractor's fault, negligence, or failure to follow instructions of the Contracting Officer or to comply with the provisions of paragraph (i) below.

(e) The contract price shall be decreased by the amount of any after-relieved tax, including any interest or penalty.

The Government of the United States shall be entitled to interest received by the Contractor incident to a refund of taxes to the extent that such interest was earned after the Contractor was paid by the Government of the United States for such taxes. The Government of the United States shall be entitled to repayment of any penalty refunded to the Contractor to the extent that the penalty was paid by the Government.

(f) The contract price shall be decreased by the amount of any tax or duty, other than an excepted tax, that was included in the contract and that the Contractor is required to pay or bear, or does not obtain a refund of, through the Contractor's fault, negligence, or failure to follow instructions of the Contracting Officer or to comply with the provisions of paragraph (i) below.

(g) No adjustment shall be made in the contract price under this clause unless the amount of the adjustment exceeds $250.

(h) If the Contractor obtains a reduction in tax liability under the United States Internal Revenue Code (Title 26, U.S. Code) because of the payment of any tax or duty that either was included in the contract price or was the basis of an increase in the contract price, the amount of the reduction shall be paid or credited to the Government of the United States as the Contracting Officer directs.

(i) The Contractor shall take all reasonable action to obtain exemption from or refund of any taxes or duties, including interest or penalty, from which the United States Government, the Contractor, any subcontractor, or the transactions or property covered by this contract are exempt under the laws of the country concerned or its political subdivisions or which the governments of the United States and of the country concerned have agreed shall not be applicable to expenditures in such country by or on behalf of the United States.

(j) The Contractor shall promptly notify the Contracting Officer of all matters relating to taxes or duties thatreasonably may be expected to result in either an increase or decrease in the contract price and shall take appropriate action as the Contracting Officer directs. The contract price shall be equitably adjusted to cover the costs of actiontaken by the Contractor at the direction of the Contracting Officer, including any interest, penalty, and reasonable attorneys' fees.

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

United States law will apply to resolve any claim of breach of this contract.

252.222-7002 COMPLIANCE WITH LOCAL LABOR LAWS (OVERSEAS) (JUN 1997)

(a) The Contractor shall comply with all—

(1) Local laws, regulations, and labor union agreements governing work hours; and

(2) Labor regulations including collective bargaining agreements, workers' compensation, working conditions, fringe benefits, and labor standards or labor contract matters.

(b) The Contractor indemnifies and holds harmless the United States Government from all claims arising out of the requirements of this clause. This indemnity includes the Contractor's obligation to handle and settle, without cost to the United States Government, any claims or litigation concerning allegations that the Contractor or the United States Government, or both, have not fully complied with local labor laws or regulations relating to the performance of work required by this contract.

(c) Notwithstanding paragraph (b) of this clause, consistent with paragraphs 31.205-15(a) and 31.205-47(d) of the Federal Acquisition Regulation, the Contractor will be reimbursed for the costs of all fines, penalties, and reasonable litigation expenses incurred as a result of compliance with specific contract terms and conditions or written instructions from the Contracting officer.

252.225-7042 AUTHORIZATION TO PERFORM (APR 2003)

The offeror represents that it has been duly authorized to operate and to do business in the country or countries in which the contract is to be performed.

252.229-7001 TAX RELIEF (JUN 1997)

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

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

(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes.

The Contractor may obtain a refund of the import duties from its government or request the duty- free import of anamount of supplies or components corresponding to that used from inventory for this contract.

252.232-7008 ASSIGNMENT OF CLAIMS (OVERSEAS) (JUNE 1997)

(a) No claims for monies due, or to become due, shall be assigned by the Contractor unless—

(1) Approved in writing by the Contracting Officer;

(2) Made in accordance with the laws and regulations of the United States of America; and

(3) Permitted by the laws and regulations of the Contractor's country.

(b) In no event shall copies of this contract of any plans, specifications, or other similar documents relating to work under this contract, if marked “Top Secret,” “Secret,” or “Confidential” be furnished to any assignee of any claim arising under this contract or to any other person not entitled to receive such documents. However, a copy of any part or all of this contract so marked may be furnished, or any information contained herein may be disclosed, to such assignee upon the Contracting Officer's prior written authorization.

(c) Any assignment under this contract shall cover all amounts payable under this contract and not already paid, and shall not be made to more than one party, except that any such assignment may be made to one party as agent or trustee for two or more parties participating in such financing. On each invoice or voucher submitted for payment under this contract to which any assignment applies, and for which direct payment thereof is to be made to an assignee, the Contractor shall—

(1) Identify the assignee by name and complete address; and

(2) Acknowledge the validity of the assignment and the right of the named assignee to receive payment in the amount invoiced or vouchered.

252.233-7001 CHOICE OF LAW (OVERSEAS) (JUNE 1997)

This contract shall be construed and interpreted in accordance with the substantive laws of the United States of America. By the execution of this contract, the Contractor expressly agrees to waive any rights to invoke the jurisdiction of local national courts where this contract is performed and agrees to accept the exclusive jurisdiction of the United States Armed Services Board of Contract Appeals and the United States Court of Federal Claims for hearing and determination of any and all disputes that may arise under the Disputes clause of this contract.

52.000-4092 Installation Clearance/Access Requirements (JUL 2003)

SR-17 INSTALLATION CLEARANCE/ACCESS REQUIREMENTS (JULY 2003)

This clause provides requirements for Contractor employees in Germany per guidance issued in Army in Europe Regulation (AEr) 190-16, Installation Access Control. This publication may be downloaded at the following website: https://www.aeaim.hqusareur.army.mil/library/Home.htm. During the transition to the Installation Access Control System (IACS), references to the former manual installation access system are found in USAREUR Regulation 190-

13. Additional information regarding resident & work permit requirements for issuance of an installation access pass under IACS may be found at: http://www.hqusareur.army.mil/opm/iacs/Help/faq.html. These requirements will be modified according to host nation laws in other countries where US installations and facilities are located.

Requirements for access will vary from installation to installation. The Contractor shall check with the local Installation Access Control Officer (IACO) or the US Army Corps of Engineers (USACE) Field Office for specific guidance on what is required for access.

The US Army installation or facility where these construction works are planned is a secure facility. Access to worksites and US controlled areas is limited to persons who meet security criteria and are authorized by German law to work in Germany. Failure to submit required information and obtain required documentation or clearances will be grounds for denying access to worksites and US controlled areas. The Contractor shall inform employees of these requirements. Accordingly, specific procedures must be followed to prove and verify both work eligibility and security requirements identified herein. The Contractor is responsible to ensure that any subcontractor used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any subcontractor utilized by the Contractor, are made aware of and comply with these requirements.

A. Verification of Work Eligibility. At least fourteen calendar (14) days before a Contractor or subcontractor employee needs access to a US installation to perform work under the contract, the Contractor shall complete and give to the Administrative Contracting Officer (ACO) or Contracting Officer’s representative (COR) the following:

Personnel Data Worksheet (Ref. Encl 1, Form AE 604-1B-R). Addresses for the last 10 years are required. If the person is from any of the former DDR States or has lived at anytime in any former-communist country, previous addresses back to birth or 1945, whichever is later, are required. Police Good Conduct Certificate (PGCC) (Polizeiliches Fuehrungszeugnis). The PGCC must not be older than one year, and must be translated to German or

English if obtained from another country. The process for requesting a copy of the Polizeiliches Fuhrungszeugnis from Bonn, Germany may take up to four (4) weeks. The fee to request the Polizeiliches Fuhrungszeugnis is the responsibility of the contractor or subcontractor. The PGCC shall be provided at each new issue or RENEWAL of the installation pass. If residing in other countries but working in Germany (e.g., contractors commuting from France daily), the worker must provide a translated and notarized copy of the PGCC of the country where they reside.

Identification Requirements: German Citizens: a clear copy of their Ausweis (German identification card) or passport showing their picture and full name. The installation pass will not be issued for a date beyond the expiration date of the Ausweis or passport. Citizens of European Union (EU) Member Countries other than Germany: a clear copy of their Aufenthaltsgenehmigung (residence permit). A visa is required if the person is working here but does not have residence status. Citizens of non-EU Member Countries: a clear copy of their Arbeitserlaubnis (German work permit), a clear copy of their Aufenthaltsgenehmigung (residence permit) and country identification card or passport showing their picture, full name, country of issue, and nationality. This includes US citizens who do not have a US identification card (see paragraph 4 below). US Citizens: a clear copy of their identification card. (Note: US identification card holders do not need an Aufenthaltsgenehmigung or Arbeitserlaubnis). Military Police Background Check Memorandum (Ref.

Encl 2).

All documents must be typed. If there are mistakes, missing information, or illegible information the complete package will be returned to the contractor for corrections.

When all required documents are received and reviewed by the ACO or COR, the information will be entered into the Foreign National Screening program database. Whereas, for U.S. citizens a Defense Clearance and Investigation Index is completed. A package will be completed for each individual requesting a pass. When notified of this the contractor will have the individual pickup the package at the USACE Field Office, take it to the installation pass office, where upon the individual will receive his pass. This process will normally take 14 calendar days unless the documents are returned to the Contractor for corrections, which will extend the processing period. Early submittal of documents is advised to insure timely receipt of passes. NOTE: Some IACO’s may require to see the original documentation prior to issuing an installation pass.

A Contractor must be contracted to work for the Department of Defense (DOD ) to obtain an installation pass.

Contractors who are only attempting to establish a contract with DOD will obtain access by an individual with signin privileges or through access-roster privileges.

B. Types of Access Authorized. Contractor personnel who require access to the site may be allowed entrance to the installation or facility through the following methods: (Note: Access requirements may slightly vary by installation or facility. The Contractor shall contact the IACO, Provost Marshall’s Office, or USACE Field Office for installation or facility specific guidance.) Temporary Installation Pass. This pass is authorized after all background checks are completed and the Foreign National Screening has been initiated. This pass is valid for the length of the contract or up to 90 days, whichever is earlier. Installation Pass. This pass is authorized after all required background checks and the Foreign National Screening has been completed. This pass is valid for the shortest of the following time periods: The expiration date of the supporting document (e.g., passport) that was used to obtain the Installation Pass. The contract completion date plus 4 weeks. The length of time the person is needed on the construction site.

Two (2) years. All personnel working on the construction site must apply for and have in their possession an installation pass. The only exceptions are personnel allowed access through sign-in by the prime contractor or by access roster. For continuity and ease of access the installation pass is the preferred means of accessing the installation for contractor personnel. Restrictions on Sign- In Privileges. Sign-in privileges normally are not granted to contractors. As an exception, prime contractors may be granted signinprivileges when the sponsoring official is at least a lieutenant colonel or civilian equivalent (GS 13 or C-8). Signin privileges are only permitted during Force Protection Conditions Alpha or Bravo, and are limited to signing-in four people and their vehicles at any one time. Only contractors and vendors in support of the contract will be signed in. Sign-in privileges are not authorized for Temporary Installation Pass holders.

The Contractor must provide justification that the sign-in privilege is needed. The justification should accompany the employee’s installation pass application. Installation IACO’s have the authority to inquire or challenge the Contractor’s sign-in privilege at any time. The employee with the sign-in privilege must monitor the activity of the individual(s) that are being signed-in, and be responsible for their conduct. Some installations require the person with the sign-in privilege to provide 100% escort surveillance of the signed-in contractor workers. Individual(s) who is being signed in must be able to present a valid passport or personalausweis. Personnel who abuse their sign-in privileges (e.g., repeated sign-in’s to circumvent the installation pass process) will have their sign-in privileges suspended. IACO’s will monitor the frequency of sign-in’s and report violators to the Base Support Battalion (BSB) Commander.

4) Access Rosters. The access roster consists of a list of personnel who require access to an installation or facility for events that are non-recurring and not regularly scheduled, are generally site-specific, and are coordinated in advance. Accordingly, the primary contractor must provide written justification for the use of Access Rosters to the ACO or COR. The list must include the worker’s full name, passport (Ausweis) number, nationality, the installation or facility to be visited, time limitations, expiration date, firm name and point of contact. Included with the access roster must be a copy of the Good Conduct Certificate (Polizeiliches Fuhrungszeugnis) (PGCC). A PGCC from the country of actual residence is required if the worker resides outside of Germany. The PGCC must not be older than one year, and must be translated to German or English if obtained from another country. For non-German applicants a Resident Permit is also required. And, for applicants from non-EU countries a Work Permit is required. Access rosters must be submitted to the ACO or COR three (3) working days prior to the required date. All information must be typed on the Access Roster listing (Ref. Encl 3), or will not be accepted.

Access with this method is only valid for a maximum of 60 days from the date of submission of the personnel to the list. Where access is required to be longer than 60 days, methods 1 and/or 2 above must be used. Individuals will not be listed on consecutive access rosters (i.e., if a worker is already on one 60-day roster, he/she will not be on consecutive access rosters). (Note: Some BSB/ Area Support Group (ASG) installations do not use access rosters and require that all contractors receive an installation pass or be escorted).

5) Delivery Vehicles. This method of installation access is intended for making deliveries of suppliers or forproviding one-time services at the worksite. It is not to be used for daily, regular workers. The driver of the delivery vehicle must present his/her Ausweis and a delivery document with a point of contact (POC) and telephone number to the gate guard. If the delivery firm or individual is on the official access roster, he/she will be allowed on post. If the firm or individual is not on the list, the gate guard will attempt to contact the POC on the delivery document. If no contact with the POC can be made, the delivery vehicle will be denied access. A list of private and commercial vehicles, including those belonging to subcontractors that will be used during contract performance will be provided upon request. The list will include the following information:

- Vehicle Make

- Vehicle Model and Year of Manufacture

- Vehicle Identification Number

- License Plate Number

- Name and Driver’s License Number of Each Vehicle Operator

6) Escorts. The Contractor shall be responsible for providing escorts for employees or subcontractors who need access onto US Army Installations, if necessary, due to heightened threat levels or specific installation requirements.

Escorts shall have sign-in or escort privileges as discussed in subparagraph B.3 above.

C. Compliance with Installation Access Control. The Contractor shall inform employees that they are subject to search when entering and exiting US installations and facilities. The Contractor should also delays accessing US installations and facilities when under higher Threat Force Protection Conditions. The Contractor shall include all provisions of this clause in all subcontracts hereunder. The Contractor is responsible for being aware of and complying with the requirements associated with Installation Access Control. The Government is not liable for any costs associated with performance delays due solely to a firm’s failure to comply with Installation Access Control processing requirements.

D. Accountability for Passes. The Contractor shall also establish procedures to control and account for passes and ensure that they are immediately retrieved and returned when no longer needed. These procedures must include the action taken to account for immediately reporting lost and/or stolen passes. Specific procedures and forms used shall comply with guidance issued in AE 190-16, and the IACS standard operation procedure (SOP) obtainable through the Provost Marshall Office or the USACE Field Office.

52.236-9900 PERMITS AND RESPONSIBILITIES

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable laws, codes, and regulations, in connection with the prosecution of the work. It shall be similarly responsible for all damages to persons or property that occur as a result of his fault or negligence. It shall take proper safety and health precautions to protect the work, the workers, the public, and the property of others. It shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire construction work, except for any completed unit of construction thereof which theretofore may have been accepted.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

ADDENDUM TO FAR 52.212-1

INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

A. GENERAL INFORMATION

Single Award Order objective: See attached PWS Paragraph 1.1 Contract Objective. The resultant contract will be for supplies on a firm-fixed-price (FFP) basis and equipment on a FFP basis as identified in the attached Performance Work Statement.

B. COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

Copies of the solicitation are available by INTERNET ACCESS ONLY. All solicitation documents will be posted to the FedBizOpps website. The website address is: www.fbo.gov. All amendments will also be posted to FedBizOpps.

It shall be the contractor’s responsibility to check the websites for any amendments. The quoter should submit in the quote all requested information specified in the Request for Quote (RFQ) solicitation, subject to all mandatory requirements of the RFQ.

C. STANDARD/NAICS CODE

(a) The North American Industry Classification System (NAICS) code for this acquisition is 337214 – Office Furniture (except wood) Manufacture Repair and 423450 Medical, Dental, and Hospital Equipment and Supplies Merchant Wholesalers

(b) It is the Offeror’s responsibility to ensure that its classification data on the System for Award Management (SAM) website is correct and current.

D. QUOTE SUBMISSION

The quote shall be prepared clearly and concisely to demonstrate the offeror has a complete understanding of the requirements. Quoters shall prepare quote on the presumption that the Government has no previous knowledge of the offeror’s capabilities. Quotes will be evaluated only on the information specifically presented in respective submittals, with the exception of the past performance evaluations.

QUESTIONS AND ANSWERS:

All contractual and technical questions must be submitted in writing via to Brandalyn.LFox@usace.army.mil no later than 2:00 PM CST, 21 August 2019. Oral/telephone communication is unacceptable.

Quotation packages shall be received no later than 12:00 PM CST, 29 August 2019

Quotes shall be submitted in PDF format, except the price quote file shall be submitted in Excel format. The quote should also be organized to directly correspond with the evaluation factors listed herein.

Quotes must be valid until 01 October, 2019, and the Quoter shall so indicate in the quote.

E. REQUIREMENT DESCRIPTION:

As specified within the Performance Work Statement (PWS).

Quoters shall provide the actual express warranty for each product listed in the Comprehensive Interior Design (CID). Express warranties will be included in the contract by addendum.

This is a brand-name or equal procurement. All products shall be brand name or equal to the products listed in the CID. Products shall comply with the salient characteristics listed in the CID and the requirements as defined in the

PWS. If a product listed in the CID has been discontinued or is no longer available, the Contractor shall provide a currently available product that is equal in terms of essential salient characteristics to the product in the CID.

In accordance with FAR 52.211-6, the Government has elected to use brand names and specific products in an effort to assist the Contractor in the bidding of this project. The brand names and products specified are being used to establish a minimum quality level for various items and products. The Government does not intend or imply that by providing vendors’ or manufacturers’ names in the specification that subject products or items are the only items that will be acceptable to the Government. All products and items, whether named or not named, must clearly meet the salient characteristics of the specifications identified.

Quoters must be registered in the System for Award Management (SAM) with their DUNS Number. To complete this registration, go to the SAM website at https://www.sam.gov. If assistance is needed with SAM registration, contact either the SAM Helpdesk (1-888-606-8220) or use website assistance at www.fsd.gov. The System for Award Management (SAM) database consolidates the functionality of the following systems: (a) Central Contractor Registry (CCR), (b) Federal Agency Registration (Fedreg), (c) Online Representations and Certifications Application and (d) Excluded Parties List System (EPLS).

Quote must set forth full, accurate, and complete information as required by this solicitation (including exhibits and attachments). The penalty for making false statement in proposals is prescribed in 18 U.S.C. 1001.

Quoters should submit their best quote initially as the Government intends to make awards without discussions (except clarifications, as described in FAR 15.306(a)). The Government reserves the right to conduct discussions, should the contracting officer deem it necessary.

When proposing as a joint venture, all members of the joint venture shall sign the SF1449 unless a written agreement by the joint venture is furnished with the proposal designating one firm with the authority to bind the other member(s) of the joint venture. In addition, a copy of the joint venture agreement shall be submitted with the proposal in Volume 4. Failure to comply with the foregoing requirements may eliminate the proposal from further consideration. The joint venture shall include a copy of its SBA approval of the joint venture arrangement, if applicable. When proposing as part of a Mentor-Protégé Agreement, include a copy of the agreement and Small Business Administration approval of the agreement under Factor IV.

Attachments to this RFQ are as follows:

Attachment 1: Price Quote Info Sheet Attachment 2: Comprehensive Interior Design (CID) Attachment 3: Furniture Plan

(End of provision)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

The Government will award a contract resulting from this solicitation to the responsible quoter whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

A. BASIS FOR…