W912ER15P0019.pdf

SEE ADDENDUM

(No Collect Calls)

W912ER-15-T-0019 30-Jun-2015

b. TELEPHONE NUMBER

540-665-2592

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 21 Aug 2015

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912ER9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

HOLLY WATSON

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

WOMEN-OWNED SMALL

BUSINESS (WOSB)

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

US ARMY CORPS OF ENGINEERS-CETAM-CT

MIDDLE EAST DISTRICT, CETAM-CT

PO BOX 2250

WINCHESTER VA 22604-1450

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 W912ER 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

US ARMY CORPS OF ENGINEERS-CETAM-CT

HOLLY WATSON

MIDDLE EAST DISTRICT, CETAM-CT

PO BOX 2250

WINCHESTER VA 22604-1450

TEL: 540-665-2592 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

$7.5M

NAICS:

561790

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.

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF109

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.

W912ER-15-T-0019

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months Inspection & Routine Maintenance

FFP

All inspections and routine maintenance FOB: Destination

NET AMT

0002 1 Job Spare Parts

FFP

This is a NOT TO EXCEED CLIN in the amount of $1,449,275.00

0003 1 Job Urgent Inspections & Repairs

FFP

Performing urgent inspections and urgent repairs in accordance with the Statement of Work. This is a NOT TO EXCEED CLIN in the amount of $100,000.00.

0004 1 Job Normal Repairs

FFP

Repairs noted in the initial, bi-weekly inspections, & monthly inspections. This is a NOT TO EXCEED CLIN in the amount of $771,000.00.

STATEMENT OF WORK

Statement of Work Maintenance and Spare Parts Contract

Chaparral, Hawk, TOW, Stinger and Sparrow Missiles Egypt

The U.S. Army Corps of Engineers (USACE), Transatlantic Division, Middle East District (TAM), is seeking to award a new, fully competed, Firm-Fixed-Price (FFP) contract to provide support to the Chaparral, Hawk, TOW, Stinger and Sparrow Missiles in Egypt. The support includes maintenance, repair and the spare parts needed to affect this support for the equipment and material referenced in Appendix A. No support is being provided directly to the missile systems themselves.

1. REQUIREMENT:

a. The selected Contractor shall provide a properly sized maintenance organization and workforce to successfully accomplish the maintenance and repair actions required.

b. This includes both U.S. and local/in-country based staff to promptly and efficiently provide the services required.

c. The selected Contractor shall conduct an initial inspection of all items listed in Appendix A sixty days after receipt of the contract award. Following completion of this initial inspection the Contractor shall submit a report of their findings in which they will list the items inspected, their condition, whether they are operational, and the spare parts and maintenance/repair actions required to correct any deficiency or issue. This report is to be submitted within 15 calendar days of inspection completion to the Contracting Officer and the Program Manager. The Contractor’s representatives shall also brief the Egyptian Air Defense staff and the Corps of Engineers in-country Contracting Officer Representative of their findings immediately following the inspection.

d. The initial inspection report shall be reviewed by the Government of Egypt and the U.S.

Corps of Engineers and those items of critical importance to the operation and sustainment of the Egyptian Air Defense program will be noted for action. The Contracting Officer shall issue a request for proposal for the selected items and the Contractor shall submit a proposal in response.

Pricing will be reviewed, and once a fair and reasonable price is agreed upon a notice to proceed shall be issued by the Contracting Officer. Funding for this action shall come from the Not-To- Exceed CLIN 0004.

e. Following the initial repair actions the selected Contractor shall continue to inspect the equipment and materials listed in Appendix A on a bi-weekly basis and submit a monthly inspection report of their findings to the Contracting Officer within five calendar days of the first day of each month. Monthly report shall combine the results of the bi-weekly inspections into one report. This report shall be similar to the initial inspection report above as it should state the items inspected, their condition, whether they are operational, and the spare parts and maintenance/repair actions required to correct any deficiency or issue. As part of the bi-weekly inspections the Contractor shall perform routine maintenance that can be accomplished using the spare parts on site (see below). Items that are found to be in need of immediate action, and cannot wait for the Monthly Report, shall be forwarded to the Contracting Officer within two calendar days of observance.

f. This Monthly Inspection Report will be used to develop contract actions and direction to the selected Contractor to correct the deficiencies/issues and bring the items back to full operating condition. This will also be funded from the Not-To-Exceed CLIN 0004.

g. In addition to the above, the selected Contractor shall respond within 24 hours of all urgent calls from the Host Nation or the local Corps of Engineers Contracting Officer’s Representative.

This response is to determine the items under duress and to provide recommendations for correction. The Contracting Officer will review these recommendations and provide proper direction to proceed; this will be from Not-To-Exceed CLIN 0003.

h. The selected Contractor will also maintain sufficient stock of spare parts for immediate use to perform the maintenance/repair actions required. This is to keep the noted missile systems at a fully capable and ready state. Initial procurement of spare parts shall be based on an initial site survey to be accomplished by the Contractor within 60 days of award. The Contractor shall inspect all equipment and materials listed in Appendix A, note the spare parts already on-site, and submit a comprehensive report on the additional spare parts required to the Contracting Officer within 15 calendar days of the initial site survey completion. Prior to submitting the report the Contractor’s staff will review the information with the Corps of Engineer’s Contracting Officer Representative and the Egyptian Air Defense staff. Spare parts required will be purchased depending upon availability of funds under Not-To-Exceed CLIN 0002.

Additional spare parts may be purchased as product is used. This will be based on the bi-weekly inspections, and will be authorized via Contracting Officer direction utilizing CLIN 0002.

i. The selected Contractor’s in-country or local support staff shall be fully trained and have the experience and capability needed to promptly access the condition of the materials and equipment in the workshops and provide immediate assistance once directed. The U.S.

Government and Egyptian Government are looking for firms who have experience and knowledge with the items noted in Appendix A and who can immediately render support and service.

j. Monthly the selected Contractor shall provide an After Action Report (AAR) to the Contracting Officer indicating the work performed to resolve the issue or deficiency and the date of acceptance. This information can be combined with the Monthly Inspection Report.

k. An acceptance inspection shall be conducted by the Host Nation and Corps of Engineers representatives upon notification from the Contractor on-site representative that the repair/maintenance action is complete. This inspection will be promptly coordinated and conducted. The Corps of Engineers Contracting Officer’s Representative shall sign off on each action once the work is accepted and monthly payment will be in accordance with invoice information presented below.

l. It is the selected Contractor’s responsibility to obtain Base Passes to perform the actions addressed above. The Contractor shall follow all procedures stated below to obtain security clearance to gain access to the work sites. Note that it takes at least 45 days to obtain base passes.

m. Work Hours:

Wadi Houf: Saturday through Wednesday-8:30 AM to 2:30 PM Thursday-8:30 AM to 1:30 PM Friday: no work unless an urgent request is received

Almaza: Saturday through Wednesday-8:00 AM to 4:00 PM Thursday-8:00 AM to 1:30 PM Friday: no work unless an urgent request is received

2. CONTRACT LINE ITEM NUMBER (CLIN) STRUCTURE:

a. CLIN 0001: Inspection/Routine Maintenance-this is a Firm-Fixed-Price for the initial and bi-weekly inspections of the items listed under Appendix A including routine maintenance.

b. CLIN 0002: Spare Parts-this is a Not-To-Exceed Price for providing spare parts to accomplish the maintenance and repair actions under CLIN 0001 and to maintain a stock of immediate available parts.

c. CLIN 0003: Urgent Inspections/Repairs-this is a Not-To-Exceed Price for performing the urgent inspections and repairs authorized by the Contracting Officer.

d. CLIN 0004: Normal Repairs-this is a Not-To-Exceed Price for performing the approved repairs noted in the initial and bi-weekly inspections and in the Monthly Inspection Reports.

3. GOVERNMENT FURNISHED SERVICES:

a. The Host Nation will provide all required electricity, water, sewer and other utilities as needed for the selected Contractor’s inspection, repair and maintenance activities.

b. The Host Nation will provide any operation and maintenance manuals that exist in relation to the items supported and listed under Appendix A.

c. The Host Nation will provide storage space at Almaza and Wadi Houf to store the spare parts procured under this contract.

4. KEY PERSONNEL:

The selected Contractor shall provide an in-country point of contact (POC) for the Contracting Officer’s Representative to coordinate actions. POC shall be an employee of the selected Contractor or a subsidiary of the firm. It shall not be a subcontractor. POC shall have the ability to speak on behalf and for the selected Contractor but does not need to have financial authority.

5. TOOLS:

The selected Contractor shall provide all required tools and ancillary items needed to complete the required repair/maintenance action. They are not expected to rely on the Host Nation for this support.

6. WARRANTY:

The selected Contractor shall warranty all repairs and maintenance actions for one year from acceptance and shall provide all ancillary warranties from the spare parts manufacturers.

7. PERIOD OF PERFORMANCE:

The period of performance for this contract is one year from contract award. Additional one year options to extend the contract may be added dependent upon availability of funding and satisfactory performance.

8. IDENTIFICATION OF EMPLOYEES

The selected Contractor shall be responsible for furnishing to each employee engaged in the work to display such identification as may be approved and directed by the Contracting Officer.

All prescribed identification shall immediately be delivered to the Contracting Officer or a duly authorized representative for cancellation upon the release of any employee. When required by the Contracting Officer the Contractor shall obtain and submit fingerprints of all persons employed or to be employed on the project. It is the Contractor’s responsibility to contact the Contracting Officer to enquire if fingerprints are required.

9. CONTRACTOR PROVIDED SERVICES:

a. The Contractor shall provide all transportation, meals, and lodging for their employees who travel to Egypt in support of this action. All travel associated with this requirement shall be in compliance with the Joint Travel Regulation (JTR).

b. The Contractor is responsible for obtaining all clearances, visas, immunizations, travel arrangements, etc., necessary for their employees to enter the project site and perform work in Egypt.

10. ACCIDENT PREVENTION:

The Contractor shall comply with all applicable Egyptian laws and regulations and all applicable provisions of the current U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1. Manual can be downloaded from the following web site:

http://publications.usace.army.mil/publications/eng-manuals/EM_385-1-1_languages/EM_385- 1-1_English_2008/toc.html

An Accident Prevention Plan (APP) shall be prepared to preclude potential accident/incidents on the job. The Contractor shall prepare and submit to the Contracting Officer the APP fifteen days after award and shall identify potential hazards found on the job. This shall include an Activity Hazard Analyses (AHA) applicable to the work covered by the plan.

An AHA is a tool designed to identify and mitigate hazards associated with the work. This may include situations not experienced in previous project operations or incidents where a new work crew or subcontractor is required to perform specialty work. EM 385-1-1, “Safety and Health Requirements Manual”, provides the form’s suggested format.

It is the Contractors’ responsibility to ensure that its personnel comply with the requirements of EM 385-1-1 and the APP. Failure to meet this responsibility will result in various actions as directed by the Contracting Officer including, but not limited to, removal of offending Contractor personnel, work stoppage and contract termination.

Copies of the APP will be maintained in the Contractor’s offices. This plan will be reviewed with the COR on a regular basis to ensure that accident prevention remains a top priority.

11. CONTRACTOR LIAISON WITH FOREIGN GOVERNMENT:

All communication by the Contractor with officials, representatives and/or offices of the Government of Egypt in all matters pertaining to the work to be accomplished under this contract shall be through and in full liaison with the Contracting Officer and/or the specified Contracting Officer's Representative.

12. USACE POINTS OF CONTACT:

Contracting Officer:

Jean L. Birdsell Phone: 540-665-2617 Email: Jean.L.Birdsell@usace.army.mil

Contracting Specialist:

Holly K. Watson Phone: 540-665-2592 Email: Holly.K.Watson@usace.army.mil

Program Manager:

David L. Worthington Phone: 540-665-3939 Email: David.L.Worthington@usace.army.mil

Point of Contact in Egypt:

Tamer Kafafi Phone: 540-542-1135 Email: Tamer.S.Kafafi@usace.army.mil

13. FREIGHT FORWARDER:

Radiant Global Logistics 7465 Candlewood Road, Suite M Harmons, MD. 21077 Telephone: 410-859-4170 Fax: 410-859-3105

14. COMPLIANCE WITH HOST COUNTRY RULES AND CUSTOMS:

a. The laws of host country, Egypt, may prohibit access to certain areas of the country that are under military control. The Contractor shall be responsible for advising the Contracting Officer's Representative of the names of personnel, type and amounts of equipment, dates and lengths of time required at the site, and purpose of entering the host country, so that proper clearances may be obtained from the Host Government. It is understood that areas to which rights of entry are provided by the Host Government are to be used only for work carried out under the contract and no destruction or damages shall be caused, except through normal usage, without concurrence of the Host Government.

b. The following items are the sole responsibility of the Contractor to investigate, estimate as to cost, and assume the risk, as normally encountered by Contractors on fixed-price contracts.

The Contractor shall be responsible for determining the effect of the following on his own cost of performance of the contract and for including sufficient amount in the contract price.

1. Official language and type of accounts satisfying the officials of the local Government.

2. Entry and exit visas, residence permits, and residence laws applicable to aliens. This includes any special requirements of the Host Government, including those required by local Labor Offices, which the Contractor may have to fulfill before an application for a regular block of visas will be accepted.

3. Passports, health and immunization certificates, and quarantine clearance.

4. Compliance with local labor and insurance laws, including payment of employer's share of contribution, collecting balance from employee and paying into insurance funds.

5. Strikes, demonstrations, and work stoppage.

6. Collection through withholding and payment to local Government, of any Host Country income tax on employees subject to tax.

7. Arranging to perform work in the host country, to import personnel, to employ non-indigenous labor, to receive payments and to remove such funds from the country.

8. Operating under local laws, practices, customs and controls, and with local unions, in connection with hiring and firing, mandatory wage scales, vacation pay, severance pay, overtime, holiday pay, 7th day of rest, legal notice or pay in lieu thereof for dismissal of employees, slowdown and curtailed schedules during religious holidays and ratio of local labor employed in comparison to others.

9. Possibility of claims in local bureaus, litigation in local courts, or attachment of local bank accounts.

10. Compliance with workmen's compensation laws and contributions into funds.

Provisions of necessary technical service for Contractor employees.

11. Special license required by the local Government for setting up and operating any manufacturing plant in the host country, e.g., concrete batching, precast concrete, concrete blocks, etc.

12. Sales within the host country of Contractor-owned materials and equipment.

13. Special licenses for physicians, mechanics, tradesmen, drivers, etc.

14. Identification and/or registration with local police of imported personnel.

15. Stamp tax on documents, payments and payrolls.

16. Base passes for permanent staff, day laborers, motor vehicles, etc.

17. Compliance with all customs and import rules, regulations, and restrictions, including, but not limited to, local purchase requirements.

c. The following procedures have been established for security clearances for site access by U.S. and Egyptian citizens. It is the Contractor's responsibility to ascertain the accessibility of the site to personnel of other nationalities and the procedures to be followed in this case. Final authorization for base pass approval is at the discretion of the host government. The procedures below are to be undertaken for the security clearance to gain access to the work site.

Approximately 45 calendar days are required by the Egyptian Air Defense to process base passes once all required information is submitted and received by them.

FOR U.S. CITIZENS (Contractor and subcontractor personnel):

(1) Initially, a temporary pass (15 days pass) is issued. These temporary passes take 30 days to process, under ideal conditions, after receiving the following information:

(a) Original and six photocopies of a one-page, fill-in-the-blank, and data form for each applicant - sample form available at the Corps offices in Cairo and Winchester, VA.

(b) Photocopy of applicant's passport.

(c) Eight (8) personal passport size photos of each applicant.

(2) Application for the permanent pass (6-Months pass) must include:

(a) Original and six photocopies of the data form mentioned above.

(b) Photocopy of applicant's passport.

(c) Eight recent photographs of the applicant.

FOR EGYPTIAN CITIZENS (Contractor and subcontractor personnel):

(1) Initially, a temporary pass (1-month pass) is issued and will be renewed until a permanent pass is processed. These temporary passes take 30 days to process, under ideal conditions, after receiving the following information:

(a) Four photocopies of Egyptian ID card.

(b) Original and four photocopies of a one-page, fill-in-the-blank data form (sample available).

(c) Eight (8) personal passport size photos of each applicant.

(2) Application for the permanent pass (1-year pass).

(a) Application for the permanent pass (1-year pass) must include:

Four photocopies of Egyptian ID card.

Original and four photocopies of the data from mentioned above.

Eight recent photographs of the applicant

FOR VEHICLES:

The Contractor shall provide a list of vehicles and update it to ensure that the military guards at the gates have a current list. List shall be coordinated with the on-site Contracting Officer’s Representative.

FOR TOOLS AND EQUIPMENT:

a. The PM is responsible to report at the Base Main-gate entrance all tools, equipment, computers, cameras, and other equipment that will be used during the inspection, so it can leave the base at his departure.

b. The Egypt Point of Contract will assist in the above process with Base Security Officer.

However, the host nation is responsible for base access and for allowing contractor employeses to acces the site. The Vendor shall notify the Contracting Officer should base access be an issue.

15. DUTIES, TAXES, AND LICENSE FEES:

a. All materials, equipment and supplies that are for use and/or incorporation into the project are exempt from taxes, duties, and license fees under the terms of the Agreement between the Government of the United States and the host Government (Egypt). The Contractor warrants his price for this contract is exclusive of any such charges.

b. If after the date of this contract and except for the provisions of paragraph c. below, the Contractor is required by the host Government to pay any such taxes, duties, or license fees paid directly to the host Government on materials, equipment, and supplies for use and/or incorporation into this project, he shall notify the Contracting Officer in writing. Upon satisfactory proof of the payment of such duties, taxes, or license fees, the Contractor will be reimbursed for the amount of payment therefore. Taxes must be paid per FAR 31.205-41(2) in order for them to be reimbursable.

c. Contractor owned or controlled material, equipment and supplies sold or disposed of by the Contractor may be subject to the imposition of local duties and within the Host country taxes.

No reimbursement will be made under this clause for such transactions.

16. HOST COUNTRY TAXES AND FEES:

a. The Government of Egypt, its agencies, and political subdivisions shall levy no taxes or fees (including taxes on individual or corporate income or property customs or import duties, and other taxes on employee personal household goods, supplies and personal effects imported into Egypt for personal use) on the Contractor, its subcontractors, the employees of either and the dependents of such employees. This tax exclusion does not apply to the Government of Egypt taxes levied on the purchase of personal household goods, supplies or personal effects or automobiles in Egypt by the employees of the Contractor or employees of its subcontractors.

This paragraph does not apply to Egyptian employees of the Contractor or Egyptian subcontractors or their employees.

b. If, notwithstanding the above, taxes, duties or similar charges are imposed by the Government of Egypt, under the excepted circumstances described above, the costs thereby incurred by the Contractor shall be reimbursed in the amount of payment therefore.

17. REQUIRED INSURANCE:

a. The Contractor shall procure and maintain during the entire period of his performance under this contract the insurance required by Federal Acquisition clause 52.228-3, Workmen's Compensation Insurance.

b. The Contractor shall submit a copy of their insurance documents to the Contracting Officer within 10 calendar days after contract award. Prior to commencement of work hereunder, the Contractor shall furnish to the Contracting Officer a certificate or written statement of required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by the laws of the state in which this contract is to be performed in no event less than 30 calendar days after written notice thereof to the Contracting Officer.

18. SAFEGUARDING OF INFORMATION:

The personnel employed on this contract may, in the performance of their assigned duties, have access to data and information pertaining to location of goods, supplies, parts, equipment, vehicles, and explosives. Knowledge of this nature is considered restricted security information.

This information shall be protected and safeguarded against disclosure to any unauthorized person or party and shall be furnished or used on an official "need to know" basis only.

Safeguarding of information is extended to dependents and guests of employees, who may, in any manner, obtain knowledge of the Host Government military capacity. Taking of photographs on-site at Wadi Hof is prohibited.

19. SUBMISSION OF MONTHLY INVOICES:

a. Monthly Invoices shall be prepared and submitted in accordance with FAR Clause 52.212- 4 Terms and Conditions Commercial Items. One copy shall be marked "ORIGINAL".

b. Each invoice must be accompanied by the following:

1. Certificate of Conformance indicating Contractor conformance to the requirements of the contract.

2. A copy of the Material Inspection and Receiving Report (DD Form 250) signed by the Contracting Officer's Representative or the Alternate COR.

c. The Program Manager must receive a copy of the signed Material Inspection and Receiving Report and the Certificate of Conformance before payment will be authorized for services performed and supplies received. The Program Manager's copies must be sent to the address shown above in paragraph 12.

d. Final Pay Invoices must be accompanied by a release of claims in addition to the information requested above.

e. Failure to provide the required information will result in the rejection of the invoice and a request for a revised invoice that meets the contract requirements. Payment will not be authorized until a proper invoice, meeting the requirements stated herein, is provided.

f. Payment of a proper invoice will be made within 30 days of receipt.

20. CONTRACTOR QUALITY CONTROL:

The Contractor shall provide its own Quality Control system to ensure that the terms and conditions of the contract are met. The Quality Control system shall be overseen by the in-country representative and must result in quality work to be successful.

The Contractor shall prepare and submit to the Contracting Officer a Quality Control Plan outlining its approach which will ensure that quality work is obtained on a daily basis. This plan shall be submitted to the Contracting Officer within fifteen days after award.

21. CONTRACTOR'S DATA SUBMITTAL REQUIREMENTS:

The Contractor is required to furnish the following data submittal as specified:

a. WARRANTIES: Provide copies of warranties to the COR and Project Manager.

b. QUALITY CONTROL PLAN: Provide a quality control plan that describes how quality work will be obtained.

c. ACCIDENT PREVENTION PLAN: Provide an accident prevention plan that describes how the work site will be maintained on a daily basis in a safe and clean manner. Included in this plan is the Activity Hazard Analysis (AHA) which is designed and developed to specifically identify and mitigate hazards associated with the work.

22. CONTRACTOR'S DATA SUBMITTAL SCHEDULE:

a. Submittals requiring approval by the Contracting Officer are so designated in the Submittal Schedule below. In the event data submittals are rejected and returned to the Contractor for correction and resubmission, the Contractor shall submit acceptable data to the Government within 10 calendar days after receipt of initial rejection. All costs for resubmission of disapproved submittals shall be borne by the Contractor.

b. The required submittal(s) shall be forwarded in the designated number of copies at the times listed on the Submittal Schedule below. Note: All times listed in the Submittal Schedule are CALENDAR DAYS. All submittals should be addressed to:

U.S. Army Corps of Engineers, Middle East District ATTN: Mr. David L. Worthington P.O. Box 2250 Winchester, VA 22604-1450

THE ITEMS LISTED BELOW REQUIRE SUBMITTAL APPROVAL BY THE

CONTRACTING OFFICER OR HIS AUTHORIZED REPRESENTATIVE.

REQUIRED SUBMITTAL SCHEDULE:

DESCRIPTION DELIVERY DATES NO. OF COPIES

Insurance Documents within 10 calendar days after award 2

Accident Prevention Plan within 15 calendar days after award 2

Quality Control Plan within 15 calendar days after award 2

Monthly Report (bi-weekly insp.)within 5 days of the first of each month 3

Urgent Call Reports within 24 hours of notice 2

Initial Site Survey within 15 calendar days of survey completion 3

After Action Report within 5 days of the first of each month 3

INVOICE ADDENDUM

MAIL INVOICE: (PLEASE REFERENCE COMPLETE CONTRACT NUMBER ON THE PACKING

SLIP AND THE INVOICE)

U.S. ARMY CORPS OF ENGINEERS

TRANSATLANTIC MIDDLE EAST DISTRICT

ATTN: David L. Worthington and Holly K. Watson

P.O. BOX 2250

WINCHESTER, VA 22604-1450

In accordance with FAR 52.212-4, Contract Terms and Conditions- Commercial Items (June 2010), Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized), to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

INVOICES SHALL BE SENT VIA EMAIL TO USACE TAM POINTS OF CONTACT LISTED

BELOW:

The Contractor shall submit invoices, Government Bill of Lading, DD250 Material Inspection and Receiving Report, and Certificate of Conformance to the Contracting Officer, Contract Specialist and Project Manager at:

Contracting Officer:

Jean L. Birdsell Email: Jean.L.Birdsell@usace.army.mil

Contract Specialist:

Holly K. Watson Email: Holly.K.Watson@usace.army.mil

Project Manager:

David L. Worthington Email: David.L.Worthington@usace.army.mil

SPECIAL INSTRUCTIONS

INSTRUCTIONS

1 CONTRACT ADMINISTRATION DATA

2 PAYMENTS

3 CONTRACTOR LIAISON WITH FOREIGN GOVERNMENT

4 INSTRUCTIONS TO OFFERORS

1. CONTRACT ADMINISTRATION DATA

This is a Firm-Fixed-Price services and supply type contract. The Contracting Officer will administer this contract at the following address:

U.S. Army Corps of Engineers Middle East District Attention: CETAM-CT-S 201 Prince Frederick Drive Winchester, VA 22602

The Contracting Officer is Ms. Jean L. Birdsell Phone number: 540-665-2617 FAX phone number: 540-665-4041 E-mail: Jean.l.Birdsell@usace.army.mil

2. PAYMENTS

The Contractor shall submit invoices, Government Bill of Lading, DD250 Material Inspection and Receiving Report, and Certificate of Conformance to the Contracting Officer, Contract Specialist and Project Manager at:

U.S. Army Corps of Engineers Middle East District Attention: Ms. Holly Watson PO Box 2250 Winchester, VA 22604

U.S. Army Corps of Engineers Middle East District Attention: Mr. Dave Worthington PO Box 2250 Winchester, VA 22604

Please note: Contractor may also submit invoices, Government Bill of Lading, DD250 Material Inspection and Receiving Report, Certificate of Conformance, and Notice of Availability by email to the Contracting Officer, Contract Specialist and Project Manager at Jean.L.Birdsell@usace.army.mil, Holly.K.Watson@usace.army.mil, and David.L.Worthington@usace.army.mil.

Payment will be made by electronic funds transfer (EFT) in accordance with Federal Acquisition Regulation (FAR) clause 52.232-33, Payment by Electronic Funds Transfer- Systems for Award Management

3. CONTRACTOR LIAISON WITH FOREIGN GOVERNMENT

All communication by the Contractor with officials, representatives and/or offices of the Government of Egypt in all matters pertaining to the work to be accomplished under this contract shall be through and in full liaison with the Contracting Officer.

Contracting Officer:

Jean L. Birdsell Email: Jean.L.Birdsell@usace.army.mil Telephone: 540-665-2617

Contracting Specialist:

Holly Watson Email: Holly.K.Watson@usace.army.mil Telephone: 540-665-2592

Project Manager:

David Worthington Email: David.L.Worthington@usace.army.mil Telephone: 540-665-3939

Point of Contact in Egypt:

Tamer Kafafi Email: Tamer.S.Kafafi@usace.army.mil.

Telephone: 540-542-1135

4. INSTRUCTIONS TO OFFERORS

Proposal submittals are to be submitted electronically via email to the Contracting Specialist and Contracting Officer listed above.

All Offeror’s submitting a proposal for this solicitation shall be actively registered in the System for Award Management (SAM) at the time of proposal submittal. Offeror’s that are not actively registered in SAM will be considered unacceptable. Offeror’s should complete the registration process in SAM at least two weeks prior to the proposal due date to ensure active registration.

Offeror’s may register in SAM on the internet at: https://www.sam.gov.

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 N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 1 yr. ADC 12 US ARMY CORPS OF ENGINEERS-

CETAM-CT

HOLLY WATSON

MIDDLE EAST DISTRICT, CETAM-CT

PO BOX 2250

WINCHESTER VA 22604-1450

540-665-2592

W912ER

0002 1 yr. ADC 1 (SAME AS PREVIOUS LOCATION)

0003 1 yr. ADC 1 (SAME AS PREVIOUS LOCATION)

0004 1 yr. ADC 1 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY FULL TEXT

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

(a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.

(b) "Bona fide agency," as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.

"Bona fide employee," as used in this clause, means a person, employed by a contractor and subject to the contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.

"Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.

"Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.

(End of clause)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

(a) Except as provided in (b) of this clause, the Contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow-on production contract.

(b) The prohibition in (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation.

(c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this contract which exceed the simplified acquisition threshold.

52.203-7 ANTI-KICKBACK PROCEDURES. (MAY 2014)

(a) Definitions.

"Kickback," as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract.

"Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.

"Prime contract," as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind.

"Prime Contractor," as used in this clause, means a person who has entered into a prime contract with the United States.

"Prime Contractor employee," as used in this clause, means any officer, partner, employee, or agent of a prime Contractor.

"Subcontract," as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract.

"Subcontractor," as used in this clause, (1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and (2) includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor.

"Subcontractor employee," as used in this clause, means any officer, partner, employee, or agent of a subcontractor.

(b) 41 U.S.C. chapter 87, Kickbacks, prohibits any person from--

(1) Providing or attempting to provide or offering to provide any kickback;

(2) Soliciting, accepting, or attempting to accept any kickback; or

(3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor.

(c)(1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships.

(2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Attorney General.

(3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b) of this clause.

(4) The Contracting Officer may (i) offset the amount of the kickback against any monies owed by the United States under the prime contract and/or (ii) direct that the Prime Contractor withhold, from sums owed a subcontractor under the prime contract, the amount of any kickback. The Contracting Officer may order the monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4)(i) of this clause. In either case, the Prime Contractor shall notify the Contracting Officer when the monies are withheld.

(5) The Contractor agrees to incorporate the substance of this clause, including this subparagraph (c)(5) but excepting subparagraph (c)(1), in all subcontracts under this contract which exceed $150,000.

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER

ACTIVITY (MAY 2014)

(a) If the Government receives information that a contractor or a person has violated 41 U.S.C. 2102-2104, Restrictions on Obtaining and Disclosing Certain Information, the Government may--

(1) Cancel the solicitation, if the contract has not yet been awarded or issued; or

(2) Rescind the contract with respect to which--

(i) The Contractor or someone acting for the Contractor has been convicted for an offense where the conduct violates 41 U.S.C. 2102 for the purpose of either--

(A) Exchanging the information covered by such subsections for anything of value; or

(B) Obtaining or giving anyone a competitive advantage in the award of a Federal agency procurement contract; or

(ii) The head of the contracting activity has determined, based upon a preponderance of the evidence, that the Contractor or someone acting for the Contractor has engaged in conduct punishable under 41 U.S.C. 2105(a).

(b) If the Government rescinds the contract under paragraph (a) of this clause, the Government is entitled to recover, in addition to any penalty prescribed by law, the amount expended under the contract.

(c) The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law, regulation, or under this contract.

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (SEP 2007)

(a) Definitions. As used in this provision--``Lobbying contact'' has the meaning provided at 2 U.S.C. 1602(8). The terms ``agency,'' ``influencing or attempting to influence,'' ``officer or employee of an agency,'' ``person,'' ``reasonable compensation,'' and ``regularly employed'' are defined in the FAR clause of this solicitation entitled ``Limitation on Payments to Influence Certain Federal Transactions'' (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled ``Limitation on Payments to Influence Certain Federal Transactions'' (52.203-12) are hereby incorporated by reference in this provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

(End of provision)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT

2010)

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

Agency means executive agency as defined in Federal Acquisition Regulation (FAR) 2.101.

Covered Federal action means any of the following actions:

(1) Awarding any Federal contract.

(2) Making any Federal grant.

(3) Making any Federal loan.

(4) Entering into any cooperative agreement.

(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.

Indian tribe and tribal organization have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.

Influencing or attempting to influence means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

Officer or employee of an agency includes the following individuals who are employed by an agency:

(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.

(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.

(3) A special Government employee, as defined in section 202, Title 18, United States Code.

(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2.

Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

Reasonable compensation means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.

Reasonable payment means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.

Recipient includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or…