W912ER21R0044-Final.pdf

CODE

(Hour)

PAGE(S)

until local time

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A X B X C

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121 - 125 X H 126 - 134

Eric.L.Caruso@usace.army.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 134

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W912ER 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

ERIC L CARUSO 540-665-2636

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 3

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

4 - 15 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

16 - 19

K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 21 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 22 - 23 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

24 - 119

PART II - CONTRACT CLAUSES

US ARMY CORPS OF ENGINEERS-CETAM-CT

MIDDLE EAST DISTRICT

P.O. BOX 2250

WINCHESTER VA 22604-1450

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

23 Jul 2021

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912ER21R0044

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Base Year Bulkhead Door Supply

FFP

Base year bulkhead fabrication, supply, delivery and installaion.

NET AMT

OPTION Option Year 1 Bulkhead Door Supply

Option year 1 fabrication, supply, delivery, and installation.

OPTION Option Year 2 Bulkhead Door Supply

Option year 2 fabrication, supply, delivery and installation.

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

20.00 500.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

Section C - Descriptions and Specifications

STATEMENT OF WORK

Statement of Work (SOW) – Base IDIQs

Indefinite Delivery/Indefinite Quantity (IDIQ) Contracts for the Supply, Fabrication, and Installation of Bulkhead & Door Systems for the Retrofit of Existing Personnel Bunkers in the

Countries of Iraq, Kuwait, and Jordan

1. OVERVIEW

The U.S. Army Corps of Engineers (USACE), Middle East District (TAM), is seeking to award three new, fully competed, single award IDIQs to procure materials for, fabricate, and install/deliver bulkheads with doors systems. The United States Army Central (USARCENT) has a need for a significant, but indefinite amount of these bulkhead with door systems throughout the indicated countries in order to retrofit existing personnel bunkers, with the purpose of enhancing the level of protection.

The place of performance for these contracts will be in the countries of Iraq, Kuwait, and Jordan.

The intent is that Contractors will be responsible for all bulkhead/door requirements in one of those designated countries, and will be expected to perform delivery and/or installation services at any location throughout that country.

Delivery locations are expected to be on U.S. or joint-use military installations, so it will be incumbent on awardees to have the capability to access multiple military installations throughout their country of award.

2. REQUIREMENTS

All communication which occurs under this contract, whether written or verbal shall be in the English language. The Contractor shall provide all documents or reports for review under this contract in the English language and provide translation services for 3rd party documents if prepared in a different language. The Contractor must provide an English speaking representative to manage efforts performed under this contract and to perform all required communication with Government representatives.

Product Development Requirements:

The bulkhead and door systems are to be fabricated and installed in accordance with the attached drawings and specifications.

All materials used in the bulkheads/doors shall meet the requirements of the codes and standards referenced in the specifications and be procured from locations permitted by the clauses of this solicitation.

The main components of the bulkhead/door system include a steel channel set on grade, with five vertical steel columns. The infill between the columns shall include one of the following materials:

a. Wood: Specifically 100mm x 100mm and 50mm x 200mm sized lumber, stacked between columns.

b. Concrete infill between columns braced with two 5mm thick steel plates.

c. Steel plates (two 5mm thick between each column) with steel stiffeners with sandbag infill.

Regardless of infill type, a 5mm thick steel plate door (with stiffeners), with handles is required to be bolted to the bulkhead as shown in the attached drawings.

The bulkhead and door system is intended to be bolted to existing “c-channel” personnel bunkers, at the top edge of the existing bunker’s open end(s).

Please note that the design drawings for the bulkhead includes a 5th column 600mm from the 4 th column (see sheet S-101). This column extends the width of the bulkhead to 2870mm. All proposed prices for bulkheads shall include the full 2870mm width unless indicated otherwise in the delivery order SOWs. During existing bunker inspections (see requirements below), it may be determined that the full 2870mm width is not needed. In instances where this occurs, the Government and Contractor may negotiate a reduction in price via contract modification.

Submittal Requirements:

The contracting officer may request submittals in addition to those specified when deemed necessary to adequately describe the work covered in the attached drawings and specifications.

Units of weights and measures used on all submittals are to be the same as those used in the contract drawings, and all submittals are to be in the English language using metric measurements.

It is the contractor’s responsibility to check and approve all items prior to submittal and stamp, sign, and date indicating action taken. Submittals requiring government approval are to be scheduled and made prior to the acquisition of the material or equipment covered thereby.

For all submittals, please note the designation in the attached specifications. Only submittals designated with a “G” in the specifications require Government review and approval, all others for information only.

a. Pre-Procurement Submittals (SD-01): Submittals required prior to beginning of procurement activities. The following submittals are required after award of the base contract (note that all days listed are in calendar days unless otherwise specified):

Proof of DBA Insurance (required within 3 days of contract award).

Health & Safety/Accident Prevention Plan: The Contractor is required to submit an Accident Prevention Plan (APP) for all activities that could occur during performance of this contract (e.g. fabrication, transportation, installation, crane activities, etc.). This APP will be in accordance with the requirements of EM 385-1-1. (required within 15 days of notice to proceed (NTP))

Quality Control Plan (required within 15 days of NTP)

Additional submittals will likely be required following the award of the initial delivery orders issued along with the base IDIQ. These could include, but are not limited to:

List of Proposed Subcontractors Submittal Register/List Submittal, Procurement, Fabrication, and Delivery Schedule Any other submittal designated as SD-01 in the attached specifications, as they apply to the scope of the individual delivery orders.

Specific details on pre-procurement submittals and required timeframes will be included in the SOW for the individual delivery orders. All pre-procurement submittals must be accepted and approved by the Government prior to the Contractor beginning work on any procurement related activities.

b. Shop Drawings (SD-02): Shop drawings include drawings, diagrams and schedules specifically prepared to illustrate some portion of the work, diagrams and instructions from a manufacturer or fabricator for use in producing the product and as aids to the contractor for integrating the product or system into the project, or drawings prepared by or for the contractor to show how multiple systems and interdisciplinary work will be coordinated.

After award of a delivery order under this contract, Contractors shall provide shop drawings in accordance with the requirements of the drawings and specifications for each infill type required under that delivery order.

Required shop drawing submittals are identified in each individual technical specifications and listed under the designation SD-02. All shop drawings are required to be submitted within 15 days of delivery order NTP, unless otherwise specified in the SOW for that delivery order.

c. Product Data (SD-03): Product data includes any catalog cuts, illustrations, schedules, diagrams, performance charts, instructions and brochures illustrating size, physical appearance and other characteristics of materials, systems or equipment for some portion of the work. This also includes submittal of any product warranties associated with each product and verification that the warranty complies with the general requirements of the contract.

Product data shall include information on the country of origin of each product procured under this contract so that it can be verified that it meets the requirements of the relevant contract clauses (i.e. DFARS 252.225-7002, Qualifying Country Sources as Subcontractors).

Required product data submittals are identified in each set of individual technical specifications and listed under the designation SD-03.

d. Design Data (SD-04): Design calculations, mix designs, analyses or other data pertaining to a part of work. This will generally only be relevant to this contract in instances where concrete mix design is required for approval prior to fabrication of concrete infill products.

e. Test Reports (SD-05): Test reports include reports signed by authorized official of testing laboratory that a material, product or system identical to the material, product or system to be provided has been tested in accord with specified requirements.

Required test reports are identified in each individual technical specifications and listed under the designation SD-04.

f. Certificates (SD-06): This requirement includes statements printed on the manufacturer's letterhead and signed by responsible officials of manufacturer of product, system or material attesting that product, system or material meets specification requirements. These certificates must be dated after award of project contract and clearly name the project.

This category also includes any document required of a contractor, or of a manufacturer, supplier, installer or subcontractor, the purpose of which is to further quality of orderly progression of a portion of the work by documenting procedures, acceptability of methods or personnel qualifications.

Required certificates are identified in each individual set of technical specifications and listed under the designation SD-05.

g. Manufacturer’s Instructions (SD-07): Preprinted material describing installation of a product, system or material, including special notices and information concerning impedances, hazards and safety precautions.

h. Samples/Prototypes: Fabricated or un-fabricated physical examples of materials, equipment or workmanship that illustrate functional and aesthetic characteristics of a material or product and establish standards by which the work can be judged. This could include a fully fabricated bulkhead and door assembly, which the Government may choose to inspect prior to the beginning of full scale fabrication and assembly.

If required, any samples, prototypes, or mock-ups required will be stated in the SOW for the individual delivery orders.

Contractors shall coordinate the number of samples required and the instructions for providing those samples with the Contracting Officer, with respect to the SOW of the individual delivery orders, as applicable.

i. Existing Conditions Inspections: Respective of the SOW for the individual delivery orders, Contractors shall generally be required to perform a pre-installation inspection of each existing bunker expected to be retrofitted under this contract. The specific requirements for this report will be described in the SOW for the individual delivery orders, however will generally include the following elements:

Ensure all bunkers listed in the SOW of the delivery orders have been accounted for.

Provide information on the exact dimensions and general structural condition of the existing bunkers. In this section the Contractor will determine if the full 2870mm width is needed for each bunker, or if a reduction to 2270mm is feasible.

Provide recommendations on whether or not bulkheads can be directly bolted to the existing bunker without causing structural damage.

Identification of any obstacles that would prevent installation, such as sand bags or HESCO barriers obscuring the area of attachment.

Contractors should not assume that items such as photography of existing bunkers or geo-locating or otherwise mapping of bunker locations will be permitted.

3. DELIVERY

a. The ability to install bulkhead and door systems to the existing personnel bunkers on-site is a requirement of this contract. Awardees under these IDIQs will be required to deliver and install bulkhead/door systems to any location in their respective country of award (i.e. Iraq, or Kuwait, or Jordan).

b. Contractors shall fabricate the steel components off-site and deliver them to the final location in a condition ready to be assembled, infilled and attached to existing bunkers. In some cases, Contractors may be permitted to complete assembly of fabricated pieces off-site and/or install infill material such that the bulkheads and doors will be fully assembled prior to moving them to the location of performance. In those cases, the Contactor must coordinate that approach with the Contracting Officer. Once delivered to the site and assembled, vendors will be expected to install infill material and perform installation activities. The bulkheads will not be considered successfully delivered until they are properly installed and accepted by the Government.

c. In some cases, delivery orders will include delivery-only. In these cases, the scope of work for each delivery order will state whether the bulkheads/doors shall be delivered assembled/infilled and ready to install, or if they are required to be delivered in kits for assembly on-site by others. Contractors shall be prepared to develop a packaging system to allow for these “kits” to be easily shipped in bulk. For delivery-only orders, Contractors shall provide details on packing and shipping proposed for those bulkheads/doors which are not required to be installed.

4. QUALITY CONTROL

The Government intends to verify the quality of the products developed under this contract prior to acceptance under the terms of FAR Clause 52.246-2, “Inspection of Supplies – Fixed Price”.

In accordance with the terms of this clause The Contractor shall provide and maintain an inspection system acceptable to the Government. The Contractor shall submit for approval their quality control plan to the Government in accordance with the Submittals Paragraph of this

SOW.

The QC plan shall include:

QC organizational structure, and organizational chart.

Names for key QC positions and their resumes. Include any certificates of completion for any coursework required by this contract.

Duties, responsibilities, and authority of all QC personnel.

Appointment letter for the QC Manager and Alternate QC Manager(s) from a senior

Contractor official stating that they are responsible for managing and implementing the QC program as described in this SOW. Include in this letter the QC Manager’s authority to direct the removal and replacement of non-conforming work.

Information regarding any material testing or work to obtain certificates for proposed materials.

Procedures to complete re-work as required.

Procedures for performing all phases of quality control. Provide preparatory and initial checklists for installation activities. Include a breakdown of quality checks that will be used when performing QC functions, inspections, and tests required by the contract.

The Contractor shall notify the Contracting Officer, in writing, of any proposed changes to QC personnel or to the approved QC plan a minimum of 7 days prior to the proposed change. Any proposed change will be subject to acceptance by the Contracting Officer.

The Contractor shall identify an English speaking Quality Control (QC) Manager and Alternate QC Manager as part of this plan, and provide instructions on how the Government shall be able to communicate with the Contractor’s QC organization. The QC Manager shall have a minimum of 5 years’ experience as a superintendent, inspector, QC manager, project manager, or construction manager on similar type projects (i.e. those involving some degree of steel fabrication). The QC Manager must be familiar with the requirements of EM 385-1-1 and have experience in the areas of hazard identification and safety compliance. The QC Manager(s) must complete the USACE Construction Quality Management Course for Contractors within 30 days of issuance of delivery order NTP, or must have an active completion certificate for this course which covers the full period of performance of that delivery order. If the proposed QC Manager has not completed the training recently (i.e. they do not have an active training certificate) they shall coordinate a time and venue to receive the training through the Contracting Officer. The Government will make every reasonable effort to provide training to those that require it, but it ultimately the responsibility of the Contractor to provide properly qualified and trained personnel under the terms of this contract.

The duties of the QC Manager shall include:

Being on-site (or at the place of fabrication) to observe fabrication and installation activities (the QC manager may also perform the role of project superintendent).

Preparing the reports described later in this paragraph.

Review shop drawing, product, and other submittals for conformance with contract requirements prior to submittal to the Government.

Attend all QC related coordination meetings with the Government, as requested by the KO or COR.

Manage all phases and activities related to QC.

Provide certificates of conformance prior to invoicing.

The Alternate QC manager shall serve in the absence of the QC Manager, or may act in the role of QC Manager if performance is occurring in multiple locations. The Alternate QC Manager shall not serve in place of the regular QC Manager for more than 30 calendar days in one year.

The requirements for the Alternate QC Manager shall be the same as for the regular QC manager.

The location, frequency, and timing of inspections shall be agreed upon during the development of the project schedule. The Contractor shall assume that inspections may occur on-site at the point of delivery or at the place of fabrication. Additional locations of inspection may be identified if proposed by the Contractor, and the Contracting Officer agrees inspection at that that location would be beneficial to the Government. Requests for inspection shall be made at least 7 working days prior to the date of inspection.

All other terms and conditions related to inspections and quality control are outlined in the FAR clause listed previously in this paragraph.

a. Reporting:

i. Prior to fabrication activities beginning, the Contractor shall prepare a weekly progress report to the COR/KO, which describes the current status of the project, to include the status of procurement activities, preparation and/or correction of submittals, status of installation access requests, existing bunker inspections and reporting, etc.

ii. Once fabrication activities have begun, the Contractor shall prepare a daily progress report (no later than 10:00 AM local time the day after the work was performed) to include reports on production status, assembly activities, current inventory, preparation for shipments to include date and time of next shipment/delivery, quality control activities, to include internal QC reports, installation progress and schedule (on a bunker-by-bunker basis), requests for inspections, invoicing schedules, etc.

iii. The contractor shall provide minutes from all meetings with Government personnel or other stakeholders.

5. INSTALLATION ACTIVITIES:

a. The Contractors shall generally be required to access multiple U.S. or host nation military installations in their respective countries. It is the responsibility of the Contractor to be familiar with the access requirements of the installations identified in the delivery order SOWs and to process applications for access badges necessary to perform all required work on-site. The Contractors shall ensure their workforces provide all required documentation and adhere to all training requirements in support of the individual installation’s access and badging requirements.

b. While on-site, Contractors must adhere to all installation requirements for safety, security, traffic control, environmental, and any other posted requirements.

c. The Contractors shall adhere to the safety requirements of USACE EM 385-1-1 and their approved APP. If safety violations are identified by the U.S. Government, Contractors may be directed to stop work until violations are corrected and remedial actions are implemented. Any work stoppages due to safety violations will be considered the responsibility of the Contractor, with respect to both cost and time.

d. Prior to acceptance, the Government will inspect the final installed product for quality and adherence to the provided drawings and specifications, including any approved Contractor submittals (see Paragraph 4). If deficiencies are identified, it will be the responsibility of the Contractor to make timely arrangements to correct those deficiencies and arrange for re-inspection. Any cost or time impacts associated with correcting deficiencies will be considered the responsibility of the Contractor. A Form DD250 Material Inspection and Receiving Report will be signed once all deficiencies have been addressed, thus indicating acceptance.

e. The contractor shall be responsible for doing minor site preparation activities, such as relocating sand bags, barriers, and/or filled soil/sand baskets enough to allow installation, and shall be responsible to return them back into their original condition (to the greatest degree possible) after installation is complete, if required. If site work would require means, methods or equipment other than what would be required for a typical installation activity, it should be noted and addressed in the pre-installation bunker report.

6. MANUALS and TOOLS: The Contractor shall provide any manuals or special tools needed to support operations and maintenance of any items produced under this contract, if applicable.

The contractor should make every effort to use materials which can be worked using commonly available tools, however if specialized tools or equipment will be required for disassembly or maintenance activities, it should be documented with the Contracting Officer, and arrangements should be made to provide a set or sets of these tools as needed to support maintenance at all locations that would require them.

The contractor shall provide one hard copy and one electronic copy of any relevant manuals. The electronic copy shall be in PDF format.

Delivery of the manuals and tool sets to the end user shall be coordinated through the Contracting Officer.

7. WARRANTY: The Contractor shall provide a one year warranty for any products delivered or installed in accordance with the terms of this contract. The warranty period shall begin upon Government acceptance for each product required under the delivery order(s), to include verification of successful installation, if required. Warranty documentation shall be provided within 30 calendar days of each delivery order award. A point of contact (POC) for warranty implementation shall be identified by the Contractor. The Army Corps of Engineers representatives listed below (or their designate for each individual delivery order) shall be the points of contact for all warranty questions or issues.

8. PERIOD OF PERFORMANCE: The period of performance of this IDIQ contract is 365 days from contract award. There will be two optional years that may be exercised on a year-to-year basis at the discretion of the Contracting Officer. Delivery orders can be issued at any time that the base IDIQ contract is active, and the period of performance of those delivery orders may extend beyond the period of performance of the base IDIQ.

9. U.S. ARMY CORPS OF ENGINEERS (USACE) POINTS OF CONTACT:

Contracting Officer:

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

Contracting Specialist:

Eric L. Caruso Phone: 540-665-2636 Email: Eric.L.Caruso@usace.army.mil

Project Manager:

Brian H. Ball Phone: 540-678-1877 Email: Brian.H.Ball@usace.army.mil

The Government may appoint a Contracting Officer’s Representative (COR) for each delivery order. That person will be identified upon issuance of NTP for each delivery order.

10. DUTIES, TAXES, AND LICENSE FEES:

The Contractor should not assume that any portion of this project are exempt from taxes, duties, and/or license fees, and prepare any price proposals accordingly. It will be incumbent upon the Contractor to determine the individual tax and fee requirements for the potential points of delivery for this contract.

11. SUBMISSION OF INVOICES:

To initiate the invoicing process, the Contractor shall complete the DD Form 250 for bunkers which have been delivered/installed, and provide it to the COR, or alternate COR for the applicable delivery order. Once the final inspection has been completed, if all work has been completed successfully, the COR will sign the DD Form 250, and return it to the Contractor.

a. Invoices shall be prepared and submitted in accordance with the contract requirements.

One copy shall be marked "ORIGINAL". Each invoice must identify the base IDIQ contract number, and the delivery order number. The delivery order numbers on the invoices must match those on the DD Form 250. The invoice must be dated the day of submittal of the full invoice package.

b. Each invoice must be accompanied by the following:

i. Certificate of Conformance indicating Contractor conformance to the contract requirement.

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

c. The Project 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 Project Manager's copies must be sent to the email address shown above in the previous paragraphs.

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.

12. CONTRACTOR’S DATA SUBMITTAL REQUIREMENTS:

The Contractor shall submit all items required under Paragraph 2 of the SOW and all submittals noted in the delivery order SOWs in accordance with the following provisions:

a. All submittals shall be electronic and sent to the attention of the persons listed in Section 9 of this SOW. The Contractor shall allow 10 business days for Government review, and shall respond to any Government comments thoroughly and promptly. The Contractor shall not begin work on the piece of work relevant to each submittal until given notice by the Contracting Officer.

If samples are required, the Contractor shall coordinate the number of samples required and the method/place of delivery of those samples with the Contracting Officer, if not specified in the delivery order SOW.

b. All submittals should be scheduled by the Contractor in order to allow the required

Contracting Officer approval such that it does not negatively impact the Contractor’s proposed schedule and/or the required delivery order period of performance. Contractors shall take into account the Government review and approval time frame (and allow for time for Contractor’s to address Government comments) in their overall schedule and provide required submittals accordingly.

c. Submittals requiring approval shall include an approval block similar to the one shown below:

CONTRACTOR:

(FIRM NAME)

APPROVED

APPROVED WITH CORRECTIONS NOTED ON SUBMITTAL DATA

AND/OR ATTACHED SHEET(S)

SIGNATURE:

TITLE:

DATE:

d. DEFENSE BASE ACT INSURANCE (DBA): DBA insurance is required as part of this contract, and notice to proceed (NTP) on any work under this contract will not be issued until a valid DBA policy is executed and provided to the Government. DBA Insurance quotes shall be provided with the Contractor’s proposal, with the expectation that they will be able to execute the policy within 3 days of contract award.

13. SECURITY REQUIREMENTS

The Contractor is required to adhere to the most current versions of DFARS 252.204-7004:

LEVEL I ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS, and DFARS

252.225-7043: ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE

CONTRACTORS OUTSIDE THE UNITED STATES.

All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, and controlled-access areas shall complete AT Level I awareness training within 7 calendar days after the contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 3 calendar days after completion.

This contract will require contractor personnel to access U.S. Military Installations within the countries designated in this SOW. Contractor and all associated sub-contractors employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

It is the responsibility of the contractor to be familiar with the badging and access requirements of the installations it will be accessing, and to process access requests for its (or its designated subcontractor’s) personnel in a timely manner.

Per AR 530-1 Operations Security, the contractor employees must complete Level I OPSEC Awareness training. New employees must be trained within 30 calendar days of their reporting for duty and annually thereafter.

Section E - Inspection and Acceptance

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 N/A 0002 N/A N/A N/A N/A 0003 N/A N/A N/A N/A

CLAUSES INCORPORATED BY FULL TEXT

52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996)

(a) Definition. "Supplies," as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor's or subcontractor's premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e)(1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place,promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i)(1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time (i) when Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract and (ii) when the supplies will be ready for Government inspection.

(2) The Government's request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor's plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor's plant at the Contracting Officer's election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer;

provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor's plant and return to the original point when that point is not the Contractor's plant. If the Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

(End of clause)

52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

(a) Definitions. "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service or (2) terminate the contract for default.

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not--

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

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

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

Section G - Contract Administration Data

CLAUSES INCORPORATED BY REFERENCE

252.246-7003 Notification of Potential Safety Issues JUN 2013

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

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

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

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

FAR provision 52.229-11 and FAR clause 52.229-12 are included in this solicitation. This provision and clause concern the imposition of a 2 percent Federal excise tax withholding on any resultant contract award or payment request. This rule applies to Federal Government contracts for goods or services that are awarded to foreign persons

– such as foreign contractors. It implements the Department of the Treasury’s final regulations published in the Federal Register at 81 FR 55133 on August 18, 2016, under section 5000C of the Internal Revenue Code relating to the 2 percent tax on payments made by the U.S. Government to foreign persons pursuant to certain contracts.

Pursuant to the FAR 52.229-3 Federal, State, and Local Taxes, taxes imposed under 26 U.S.C. 5000 C may not be included in the contract price or reimbursed.

Exemptions from this excise tax must be claimed by an Offeror when it submits, with its offer, a U.S.