A.07.23_W912GB17T0010.pdf

SEE ADDENDUM

(No Collect Calls)

W912GB17T0010 18-Sep-2017

b. TELEPHONE NUMBER

011-49-611-9744-2489

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 25 Sep 2017

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912GB9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

SONIA M BUESCHER

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

CONTRACTING DIVISION

US ARMY CORPS OF ENGINEERS

KONRAD ADENAUER RING 39

D-65187 WIESBADEN GERMANY

WIESBADEN 65187

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE WK4SF6 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

U.S. ARMY CORPS OF ENGINEERS, EUROPE

CENAU-PP-I

KONRAD-ADENAUER RING 39

WIESBADEN 65187

TEL: (+49)611-9744-2416 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

339999

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF37

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.

W912GB17T0010

Section SF 1449 - CONTINUATION SHEET

ADDITIONAL INFORMATION

REQUEST FOR QUOTATION W912GB17T0010

POINT OF CONTACT: All questions, quotes and other correspondence shall be submitted via email to Sonia.M.Buescher.LN@usace.army.mil with the RFQ number (W912GB-17-T- 0010) in the subject line.

PROPOSAL SUBMISSION: Quotes shall be submitted via email by the closing date and time specified to the above listed email address. Please see FAR 52.212-1 and Addendum 52.212-1 for proposal submission information.

Offerors are cautioned to submit all required information and documentation along with the quote. Missing information / documentation may result in the quote not being considered for award.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1,400 Meter PVC Fence Slats

FFP

Delivery of fence slats IAW the attached SOW to Kelly Barracks, Stuttgart, Germany.

FOB: Destination

NET AMT

0002 1,700 Meter OPTION Installation of PVC Fence Slats

FFP

Installation of fence slats IAW the attached SOW to Kelly Barracks, Stuttgart,Germany. This optional items may be exercised more than once within 120 days after award and up to the total quantity stated.

0003 300 Meter OPTION ADDITIONIAL PVC Fence Slats

FFP

Delivery of addtional fence slats IAW the attached SOW to Kelly Barracks, Stuttgart,Germany. This optional line item may be exercised more than once within 120 days from award and up to the quantity stated.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 4 wks. ADC 1,400 U.S. ARMY CORPS OF ENGINEERS, EUROPE

CENAU-PP-I

KONRAD-ADENAUER RING 39

WIESBADEN 65187

(+49)611-9744-2416

WK4SF6

0002 12 wks. ADC 1,700 (SAME AS PREVIOUS LOCATION)

0003 12 wks. ADC 300 (SAME AS PREVIOUS LOCATION)

ITEM(S) 0001, 0002, 0003 - SCOPE OF WORK

Scope of Work 16 September 2017

Deliver with the Option to Install, PVC Fence Slat Screening for the Perimeter Fence of Kelley Barracks, Stuttgart Germany.

PROJECT DESCRIPTION:

Provide and Deliver PVC Fence Slating Screening to cover 1400M of fencing that is 3.9M tall, with the option to install. Material must be UV-resistant. Approximately 1.35mm think and 19cm high with a grooved surface. Color must be green and match previously installed PVC Fence Slating. Material must be of high quality and match a minimum DIN EN ISO 105-B03 7 year standard. Provide option to install material within 120 days of purchase.

SCOPE OF WORK:

Material Purchase Provide and Deliver PVC Fence Slating Screening to cover 1400M of fencing that is 3.9M tall

Installation (Option)

Installation option will be executed within 120 days of Award

This optional item may be exercised more than once up to the quantity specified in the Schedule.

Prepare work site as required by regulation (including scaffolding, safety nets, building site equipment) and remove after completion of work. Materials will be installed in accordance with previously installed PVC slats.

Meet the regulations in the Corps of Engineers Safety and Health Manual EM 385-1-1 as required in the accident prevention clause, SR-12, the contractor is responsible for compliance with all other local safety laws and/or regulations.

Contractor shall install provided PVC slating on Kelley Barracks Perimeter Fence at locations designated on attached sketch (attachment B)

Material Purchase (Option) Provide and Deliver PVC Fence Slating Screening to cover 300M of fencing that is 3.9M tall

BID SCHEDULE:

CLIN 0001: Provide and Deliver 1400M PVC Fence Slats.

CLIN 0002: Install up to 1700M PVC Fence Slats. (OPTION) CLIN 0003: Provide and Deliver additional 300M of PVC Fence Slats (OPTION)

Attachments:

Attachment A: Picture of PVC Fence Slat currently installed on Site Attachment B: Attachment B – 13 Sep 17 updated Perimeter Screening Attachment C: Aerial View of Kelly Barracks (picture)

AT/ OPSEC REQUIREMENTS:

All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, 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 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: http://jko.jten.mil/courses/atl1/launch.html ; or it can be provided by the RA ATO in presentation form which will be documented via memorandum.

All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility 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 installation or facility change, the Government may require changes in contractor security matters or processes.

Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

CLAUSES INCORPORATED BY REFERENCE

52.212-1 Instructions to Offerors--Commercial Items JAN 2017

CLAUSE(S) 52.212-1 - ADDENDUM TO 52.212-1

SUBMISSION REQUIREMENTS

1. This is a competitive acquisition in accordance with FAR Part 12. The contractor shall complete and submit the technical information and pricing to be evaluated in accordance with the requirements in FAR 52.212-1. All offerors are required to submit the below listed in order demonstrate technical acceptability of the quote submitted:

- Detailed specifications of the offered fence with evidence of meeting the required DIN EN ISO standard and (a) sample picture(s).

- A preliminary schedule for performance for both delivery and the optional installation.

- DUNS Number and active (!) CAGE or NCAGE Code

Once technical acceptability has been determined, award will be made to the lowest-priced, technically acceptable offeror.

2. Proposal documents shall be submitted to Sonia Büscher, Contract Specialist by the due date and time stated on the solicitation: Sonia.m.buescher.ln@usace.army.mil

3. Requests for information should be submitted via email to the POC listed above in item 2 with.

4. The Government is not responsible for any costs incurred by the contractor in proposal preparation, attendance at any site visit or meetings, or any other costs associated with preparing the proposal.

CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.214-34 Submission Of Offers In The English Language APR 1991 52.217-5 Evaluation Of Options JUL 1990 52.222-50 Combating Trafficking in Persons MAR 2015 52.233-3 Protest After Award AUG 1996 252.225-7041 Correspondence in English JUN 1997 252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997 252.229-7002 Customs Exemptions (Germany) JUN 1997

CLAUSES INCORPORATED BY FULL TEXT

STR 52.000-4008 DESIGNATED COUNTRY CITIZENS ON USAREUR ACCESS-CONTROLLED

INSTALLATIONS (SEP 1999)

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

Performance under this contractual document does not authorize designated country citizens access to such installations. Designated country as used in this provision includes Afghanistan, Algeria, Burma, Cambodia, Cuba, Iran, Iraq, Laos, Libya, Mongolia, North Korea, People's Republic of China (including Tibet), Syria, Yemen, and Former Yugoslavia (Serbia, Montenegro, and Bosnia Herzegovina). Individuals from Serbia and Montenegro will hold a Yugoslavian Passport. Individuals from Bosnia Herzegovina have their own passports. The list of designated countries is subject to change upon notification by USAREUR to local installations. To gain access to USAREUR Access Controlled Installations all Foreign Nationals, IAW USAREUR Regulation 604-1, Foreign National Screening Program, regardless of country of origin, will submit an original Police Good Conduct Certificate (PGCC) to the COR. Foreign Nationals who are not citizens of an EU member state must submit a copy of their passport showing a valid residence and work permit to the COR. Exceptions to this clause can only be made through

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

(End of Provision)

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

This provides requirements for Contractor employees in Germany per guidance issued in Army in Europe Regulation (AER) 190-16, Installation Access Control. This publication may be downloaded at the following website:

https://www.aeaim.hqusareur.army.mil/library/Home.htm. During the transition to the Installation Access Control System (IACS), references to the former manual installation access system are found in USAREUR Regulation 190-13. Additional information regarding resident & work permit requirements for issuance of an installation access pass under IACS may be found at:

http://www.hqusareur.army.mil/opm/iacs/Help/faq.html. These requirements will be modified according to host-nation laws in other countries where US installations and facilities are located. Requirements for access will vary from installation to installation. The Contractor shall check with the local Installation Access Control Officer (IACO) or the US Army Corps of Engineers (USACE) Field Office for specific guidance on what is required for access.

The US Army installation or facility where these construction works are planned is a secure facility.

Access to worksites and US controlled areas is limited to persons who meet security criteria and are authorized by German law to work in Germany. Failure to submit required information and obtain required documentation or clearances will be grounds for denying access to worksites and US controlled areas. The Contractor shall inform employees of these requirements. Accordingly, specific procedures must be followed to prove and verify both work eligibility and security requirements identified herein.

The Contractor is responsible to ensure that any subcontractor used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any subcontractor utilized by the Contractor, are made aware of and comply with these requirements.

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

Personnel Data Worksheet (Ref. Encl 1, Form AE 604-1B-R). Addresses for the last 10 years are required. If the person is from any of the former DDR States or has lived at anytime in any former-communist country , previous addresses back to birth or 1945, whichever is later, are required.

Police Good Conduct Certificate (PGCC) (Polizeiliches Fuehrungszeugnis). The PGCC must not be older than one year, and must be translated to German or English if obtained from another country. The process for requesting a copy of the Polizeiliches Fuhrungszeugnis from Bonn, Germany may take up to four (4) weeks. The fee to request the Polizeiliches Fuhrungszeugnis is the responsibility of the contractor or subcontractor. The PGCC shall be provided at each new issue or RENEWAL of the installation pass. If residing in other countries but working in Germany (e.g., contractors commuting from France daily), the worker must provide a translated and notarized copy of the PGCC of the country where they reside.

Identification Requirements:

German Citizens: a clear copy of their Ausweis (German identification card) or passport showing their picture and full name. The installation pass will not be issued for a date beyond the expiration date of the Ausweis or passport.

Citizens of European Union (EU) Member Countries other than Germany: a clear copy of their Aufenthaltsgenehmigung (residence permit). A visa is required if the person is working here but does not have residence status.

Citizens of non-EU Member Countries: a clear copy of their Arbeitserlaubnis (German work permit), a clear copy of their Aufenthaltsgenehmigung (residence permit) and country identification card or passport showing their picture, full name, country of issue, and nationality. This includes US citizens who do not have a US identification card (see paragraph 4 below).

US Citizens: a clear copy of their identification card. (Note: US identification card holders do not need an Aufenthaltsgenehmigung or Arbeitserlaubnis).

Military Police Background Check Memorandum (Ref. Encl 2).

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

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

A Contractor must be contracted to work for the Department of Defense (DOD ) to obtain an installation pass. Contractors who are only attempting to establish a contract with DOD will obtain access by an individual with sign-in privileges or through access-roster privileges.

B. Types of Access Authorized. Contractor personnel who require access to the site may be allowed entrance to the installation or facility through the following methods: (Note: Access requirements may slightly vary by installation or facility. The Contractor shall contact the IACO, Provost Marshall’s Office, or USACE Field Office for installation or facility specific guidance.)

Temporary Installation Pass. This pass is authorized after all background checks are completed and the Foreign National Screening has been initiated. This pass is valid for the length of the contract or up to 90 days, whichever is earlier.

Installation Pass. This pass is authorized after all required background checks and the Foreign National Screening has been completed. This pass is valid for the shortest of the following time periods:

The expiration date of the supporting document (e.g., passport) that was used to obtain the Installation Pass.

The contract completion date plus 4 weeks.

The length of time the person is needed on the construction site.

Two (2) years.

All personnel working on the construction site must apply for and have in their possession an installation pass. The only exceptions are personnel allowed access through sign-in by the prime contractor or by access roster. For continuity and ease of access the installation pass is the preferred means of accessing the installation for contractor personnel.

Restrictions on Sign-In Privileges.

Sign-in privileges normally are not granted to contractors. As an exception, prime contractors may be granted sign-in privileges when the sponsoring official is at least a lieutenant colonel or civilian equivalent (GS 13 or C-8). Sign-in privileges are only permitted during Force Protection Conditions Alpha or Bravo, and are limited to signing-in four people and their vehicles at any one time. Only contractors and vendors in support of the contract will be signed in. Sign-in privileges are not authorized for Temporary Installation Pass holders.

The Contractor must provide justification that the sign-in privilege is needed. The justification should accompany the employee’s installation pass application. Installation IACO’s have the authority to inquire or challenge the Contractor’s sign-in privilege at any time. The employee with the sign-in privilege must monitor the activity of the individual(s) that are being signed-in, and be responsible for their conduct. Some installations require the person with the sign-in privilege to provide 100% escort surveillance of the signed-in contractor workers. Individual(s) who is being signed in must be able to present a valid passport or personalausweis.

Personnel who abuse their sign-in privileges (e.g., repeated sign-in’s to circumvent the installation pass process) will have their sign-in privileges suspended. IACO’s will monitor the frequency of sign-in’s and report violators to the Base Support Battalion (BSB) Commander.

4) Access Rosters.

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

Access rosters must be submitted to the ACO or COR three (3) working days prior to the required date.

All information must be typed on the Access Roster listing (Ref. Encl 3), or will not be accepted.

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

5) Delivery Vehicles. This method of installation access is intended for making deliveries of suppliers or for providing one-time services at the worksite. It is not to be used for daily, regular workers. The driver of the delivery vehicle must present his/her Ausweis and a delivery document with a point of contact (POC) and telephone number to the gate guard. If the delivery firm or individual is on the official access roster, he/she will be allowed on post. If the firm or individual is not on the list, the gate guard will attempt to contact the POC on the delivery document. If no contact with the POC can be made, the delivery vehicle will be denied access.

A list of private and commercial vehicles, including those belonging to subcontractors, that will be used during contract performance will be provided upon request. The list will include the following information:

- Vehicle Make

- Vehicle Model and Year of Manufacture

- Vehicle Identification Number

- License Plate Number

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

6) Escorts. The Contractor shall be responsible for providing escorts for employees or subcontractors who need access onto US Army Installations, if necessary, due to heightened threat levels or specific installation requirements. Escorts shall have sign-in or escort privileges as discussed in subparagraph B.3 above.

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

D. Accountability for Passes. The Contractor shall also establish procedures to control and account for passes and ensure that they are immediately retrieved and returned when no longer needed. These procedures must include the action taken to account for immediately reporting lost and/or stolen passes.

Specific procedures and forms used shall comply with guidance issued in AE 190-16, and the IACS standard operation procedure (SOP) obtainable through the Provost Marshall Office or the USACE Field Office.

(End of Clause)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC

2014)

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

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

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

Lowest Price Technically Acceptable: Offerors will be evaluated on technical acceptablity of:

- Detailed specifications of the offered fence with evidence of meeting the required DIN EN ISO standard and (a) sample picture(s).

- A preliminary schedule for performance for both delivery and the optional installation.

- DUNS Number and active (!) CAGE or NCAGE Code

This is a competitive acquisition in accordance with FAR Part 12. Award will be made to the lowest priced technically acceptable contractor deemed to be responsible and reasonable; and if the quotation, conforming to the solicitation, is determined to be the most advantageous to the Government.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all option itemss to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of option items shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)

ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: ``Administrative merits determination'', ``Arbitral award or decision'', paragraph (2) of ``Civil judgment'', ``DOL Guidance'', ``Enforcement agency'', ``Labor compliance agreement'', ``Labor laws'', and ``Labor law decision''. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ . [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture.