Solicitation_Conformed_Copy.pdf
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- Solicitation number
- W912GB19Q0009
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Solicitation Conformed Copy with Updated Bid Schedule
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SEE ADDENDUM
(No Collect Calls)
W912GB19Q0009 13-Aug-2019
b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME
12:00 PM 04 Sep 2019
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
W912GB9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
ALYSHA MACDONALD
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED ORX
SMALL BUSINESS
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:
$15,000,000
NAICS:
238290
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 OF42
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.
W912GB19Q0009
Section SF 1449 - CONTINUATION SHEET
AT OPSEC
AT Level I Training : 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.
Access and General Protection/Security Policy and Procedures. 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.
Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say Something). 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.
Contracts that Require OPSEC Training. All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor 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. OPSEC awareness training is available at the following websites: https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations-security.html; or it can be provided by the RA OPSEC Officer in presentation form which will be documented via memorandum.
RFI
Q1. Reference W912GB19Q0009, page 8 of 41, 52.000-4090 S.O.A.s, it is stated: “the offerors must comply with D.P.R. n.34 of 25 January 2000…” and must furnish documentation within their proposal. In addition, “offerors must provide their S.O.A reflecting eligibility to bid on the work solicited, […] the prevailing work categories and classification are described in the pre-solicitation notice and in this solicitation”. There is no pre-solicitation notice regarding this opportunity and nowhere else in the solicitation there are specifications about S.O.A., please confirm that no S.O.A. qualification are required.
Government Answer:
Q2. Reference Scope of Work, Freezer and Oven requirements: “manufacturer’s warranty shall be a minimum of 10 years”. In the industrial and commercial European market, the warranty is of 1 year only (IAW legal requirements). Manufacturers do not extend the standard warranty up to 10 years. A revision of this requirement would allow all bidders to be in compliance with SOW based upon actual up to date standards. Could the Government revise this requirement accordingly?
Government Answer: With regard to warranty, there are different requirements depending on the region that the products are purchased from. Gewaehrleistung is required by law (Buergerliches Geseztbuch) to have a 24 month warranty period for new products. For Garantie, it is offered by the seller, normally for 12 to 24 months. The same appears true under Italian Law (Codice del Consumo). As such, two options have been added to the solicitation. Please submit a price for a normal warranty (2 years) and one which provides an extended guarantee (10 years). Please provide a statement of the conditions and terms for each warranty. If one or neither warranties are feasble, provide the documentation as to why with the proposal. Award to one of the options will be made at award based upon what is most favorable to the government.
Q3. Reference Scope of Work, Freezer requirements:
1. “injected high-density foam panel unit construction 120 mm plasticized galvanized steel”
2. “The freezer shall be rated for exterior use in the climate that it will be installed. It shall be weatherproof or provided with a secured protective covering to deflect weather from damaging the unit in accordance with the manufacturer’s installation instructions”.
Freezers equipped with high-density foam panels shall not be installed outdoors, actually the exterior use is not recommended, nor are they meant to be directly exposed to weather.
With the sentence “…provided with a secured protective covering…” is the Government expecting offerors to price the installation of a shelter on top of the freezer?
Government Answer: The primary intent of the scope of work is to provide an exterior walk-in freezer capable of achieving the specified temperature range identified. So long as the Offeror provides an exterior rated freezer, the Government does not anticipate a shelter. The intent of a protective covering would be limited to any weather sensitive components such as wiring connections, switches, etc. It is recommended that the Offeror submits his quote IAW the technical specifications clearly citing any variations in product requirements such as a different insulation type. This will be further reviewed during the submittal review process.
Q.4 If the answer to Q3 is Yes, please provide specific requirements for a protective cover in order to allow all bidder to quote the same item with their offer.
Government Answer: Not anticipated.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job Supply & Install Oven and Freezer
FFP
The Contractor shall provide and is responsible for all labor, material, equipment, transportation, and all support costs required to perform the work in accordance with the attached Scope of Work, Titled “Procure and Install Freezer and Combi Oven at Livorno ES-MS” dated 11 June 2019 which is hereby incorporated and made a part hereof. All work shall be accomplished in accordance with the timelines specified in the Scope of Work.
FOB: Destination
NET AMT
0002 1 Job OPTION Two Year Warranty
FFP
Contractors are to provide pricing for a standard Two Year Warranty on the deliverables. Provide documentation as to why or why not this warranty is feasible in the quote as well as the terms and conditions. One of the two options will be exercised at award based upon what is most favorable to the government.
0003 1 Job OPTION Ten Year Warranty
FFP
Contractors are to provide pricing for an extended Ten Year Warranty on the deliverables. Provide documentation as to why or why not this warranty is feasible in the quote as well as the terms and conditions. One of the two options will be exercised at award based upon what is most favorable to the government.
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 16-AUG-2019 1 U.S. ARMY CORPS OF ENGINEERS,
EUROPE
CENAU-PP-I
KONRAD-ADENAUER RING 39
WIESBADEN 65187
(+49)611-9744-2416
WK4SF6
0002 N/A N/A N/A N/A
0003 N/A N/A N/A N/A
Purchase Order - Scope of Work
Scope of Work Date: 8/5/2019
SCOPE OF WORK
ISB-19-0129 - Purchase Order - Procure and Install Freezer and Combi Oven at Livorno ES-MS
1. Synopsis. The overall project objective is to provide a freezer and a combination (combi oven). The contractor is responsible for fully executing the firm fixed price purchase order by delivering, installing, and verifying functionality of the unit. The freezer shall be placed on an existing concrete pad. The plans shows the approximate location of the pad.
2. Scope of Work. Provide a freezer and combination (combi) oven that meets the below specified criteria. The contractor is responsible for fully executing the firm fixed price purchase order by delivering and verifying functionality of the unit. Power cabling, concrete equipment pad, and Liquefied Petroleum Gas (GPL) are existing. The contractor is responsible for providing the connections of the equipment to existing cabling/piping with the appropriate junction boxes, plug connectors, valves, etc. in accordance with (IAW) the manufacturer’s installation instructions. The contractor must prepare the work areas by cleaning the surfaces with compatible products prior to installation of equipment. The contractor must check the functionality of provided equipment ensuring no unit errors, leaks, etc. The contractor must clean the work area upon completion and remove/dispose of all packing materials.
Location of delivery: USAG Italy – Livorno, Camp Darby – DoDEA Elementary/Middle School’s Army & Air Force Exchange Service (AAFES) Kitchen
Freezer Requirements:
Existing conditions: Constructed concrete pad size is 3800L X 2600W. Feeder cable is pulled and available next to pad.
Walk-In Freezer -22 degree C Walk-In Freezer unit with insulated floor must maintain -22 degree C with outside ambient temperature +40 degree C External Size will be approximately 3000L x 2000W x 2590H mm
(1) Door 850W x 1850 H mm Injected high density foam panel unit construction 12O mm plasticized galvanized steel.
Insulated reinforced floor Two-tier storage racks are needed on each of the three walls allowing easy access and simple storage of product dimensions approximately 2000x400x1800 Compressor cooling unit 2,4 Hp 380V 3+N+T Freon R404a, air condensate, compressor installed outside facility with only cooling unit mounted in freezer unit
Cable for door heater connection; three-phase. This outfit complies with the provisions of the “Pressure Equipment Directive” 97/23/EC.
Electronic control instrument for temperatures and defrost automatically;
Freon expansion with thermostatic valve.
Interior lighting is required. The interior of the freezer it will have adequate lighting where the illumination of the freezer starts once the door is open and automatically shuts off when the door is closed. Lighting fixtures and cabling shall be integrated and be appropriate to the interior operating environment and limit the requirement for maintenance. For example, the lighting shall have long-lasting bulbs, instant on, and be cable of handling the sub-zero temperatures, humidity, etc.
Direct drainage of condensate, drain heater wall-mounted, straddle-type units.
Interior egress hardware must be provided inside the freezer to prevent personnel from getting trapped inside.
Exterior door handles/hinges must allow easy access by minimizing physical effort required to open the door.
The outside door must have the ability to lock (either with a key or a padlock).
The floor in the freezer will have an anti-slip property that helps prevent employee falls.
The freezer requires safe ingress and egress via low-steps or ramps to allow access. This can be integrated or provided as a separate item, however; it must be secured in place to prevent movement and tripping hazards.
The freezer shall be rated for exterior use in the climate that it will be installed. It shall be weatherproof or provided with a secured protective covering to deflect weather from damaging the unit in accordance with the manufacturer’s installation instructions.
Manufacturer’s warranty shall be a minimum of 10 years.
See below pictures for additional information.
Oven Requirements:
Existing conditions: Oven placed on stainless cabinet/countertop. Water, GPL connection, spare receptacle, outlet.
Combi-oven is a natural gas powered, boiler-based unit. Cooking chamber shall have a minimum of seven shelves to accommodate pans, racks, baskets, and plates, etc. Unit to be stacked on top of a larger unit containing a minimum of eleven shelves. Both units must fit in the provided space with minimum clearances specified by the manufacturer.
Stainless steel industrial kitchen grade components and finishes are required.
Approximate overall dimensions wxdxh: 1211mm x 992mm x 1994mm Heating capacity: minimum 21 kW + 32 KW (Natural gas 2H (E)) Electrical connection: 2 x 230V/50Hz/1Ph, total 2 x 0.6kW, CE‐certified, conforms to NSF‐standard, Energy Star, ISO 14001. The intent is that the oven shall meet or exceed the minimum applicable energy efficiency ratings established by the European Union and the unit shall operate without harsh chemicals to ensure no special storage/handling requirements and to assist in protecting the environment.
Touch screen operations Boiler-steam generator Factory furnished baking sheets compatible with the interior dimensions of the oven (minimum 45.72 cm x 66.04 cm spaced at approximately 68 mm). Minimum of (16) stainless steel grids are required.
Hot air (convection), steam, combi, retherm, cook and hold warm, slow cooking, crisping, stainless steel interior and exterior, self-cleaning.
Operating modes: Steam from 30 ‐ 130°C with steam saturation, Combi‐steam from 30 ‐ 250°C with automatic humidity adjustment, Convection from 30 ‐ 250°C with optimized heat transfer
Extra Functions: 5 levels of dehumidification, 5 levels for the traditional baking function, 5 levels of humidification, 5 Fan speed levels, Mixed Load cooking without transfer of flavors, Full Load detection, automatic energy savings, fully insulated cooking cavity with minimal loss of heating energy allowing for all heat to stay in the cooking cavity for faster and more consistent cooking.
User interface: minimum 9" resistive touchscreen, intuitive controls for untrained staff, configurable to individual cooking needs, can be used with greasy/soiled hands, One-touch automatic cooking, individual tray timers for load management of different products at the same time, flexible regenerating function with preselect, environmentally friendly cooking with energy‐save function, Low‐ temperature cooking, Cook and hold warm by automatically reducing heat after product is cooked, programmable with a minimum of 300 cooking profiles with up to 20 steps possible, On‐screen Help function with operating manuals and video function, programmed starting time preselect, minimum of three visual indicators for each operating status (ready, in preparation, in use). Multi‐point Core temperature sensor is required.
Low profile doors with disappearing or invisible handles to prevent protrusions into the work space and walking paths. Door handle requires a safety latch and automatic stop function when opening door.
Antibacterial surfaces for user interface, door handles, and hand showers Minimum of 3 fully automatic cleaning modes: Eco-Friendly, Regular, and
Express. Ability to choose light, normal, or heavy‐duty cleaning settings. Ability to utilize bulk cleaning chemical canister or individual portions. 1-month supply of cleaning chemicals to be supplied with delivery of equipment. Follow on supplies shall be commercially available without the need to purchase from the manufacturer.
Available Ethernet / LAN interface USB port integrated in the control panel Furnish, install, setup, hook up and installation of equipment to preinstalled/existing supply lines within no more than 2 meters of set up location.
Dedicated inline water softener is required to be installed on incoming water line or integrated softening/filtration system are required to protect the oven’s heating elements and prevent hard water scaling on cooked food.
Existing non-functioning unit shall be removed and disposed of by the Contractor in accordance with local regulations.
Manufacturer’s warranty shall be a minimum of 10 years.
See below pictures for additional information.
3. ANTITERRORISM/OPERATIONS SECURITY CLAUSES
a. AT Level I Training.
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.
b. Access and General Protection/Security Policy and Procedures.
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 or background investigation and 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 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.
c. For contractors who do not require CAC, but require access to a DoD facility or installation. Proposed language: 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.
d. Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say Something).
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.
e. OPSEC Level I Training.
All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor 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. OPSEC awareness training is available at the following websites: https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations-security.html; or it can be provided by the RA OPSEC Officer in presentation form which will be documented via memorandum.
4. Delivery or performance-period requirements. The equipment must be installed and operational prior to 30 November 2020. Contractor is required to coordinate with the school for installation dates. The point of contact is Alessia Cappanera;
cappaneraa@aafes.com. A PDF version of the offeror’s schedule shall be submitted to the Government Project Manager within (14) calendar days of contract award.
5. Submittal requirements. The offeror shall submit vendor-specific product data sheets, shop drawings, and layout of proposed installed materials/equipment to the Government Project Manager within (14) calendar days of contract award. Unless otherwise noted, review and approval period for submittals will be (14) days.
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
OCT 2018
52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-22 Alternative Line Item Proposal JAN 2017 52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.211-6 Brand Name or Equal AUG 1999 52.217-5 Evaluation Of Options JUL 1990 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2018 52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-14 Inconsistency Between English Version And Translation Of
Contract
FEB 2000
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.
AUG 2018
52.232-1 Payments APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
OCT 2018
52.232-40 Providing Accelerated Payments to Small Business Subcontractors
DEC 2013
52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
OCT 2016
252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7041 Correspondence in English JUN 1997 252.225-7048 Export-Controlled Items JUN 2013 252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997 252.229-7003 Tax Exemptions (Italy) MAR 2012 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7008 Assignment of Claims (Overseas) JUN 1997
252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JUN 2013
252.244-7000 Subcontracts for Commercial Items JUN 2013 252.246-7003 Notification of Potential Safety Issues JUN 2013 252.247-7023 Transportation of Supplies by Sea FEB 2019 252.247-7028 Application for U.S. Government Shipping
Documentation/Instructions
JUN 2012
CLAUSES INCORPORATED BY FULL TEXT
STR 52.000-4023 UNAUTHORIZED SERVICE
The Contractor shall not undertake any action that will increase the price of this contract without the written approval of the Contracting Officer. Any such unauthorized action taken by the Contractor or any Contractor employee, which might be construed to be approved by the U.S. Government, shall be the responsibility of the Contractor and shall be resolved by the Contractor at no expense or embarrassment to the U.S. Government. Third-party claims resulting from such unauthorized actions shall also be resolved by the Contractor without expense or embarrassment to the U.S. Government.
End of Clause
STR 52.000-4024 Relationship Between Government, Contractor, and Contractor Personnel
a. The Government and the Contractor understand and agree that the services to be delivered under this contract by the Contractor to the Government are non-personal services and the parties recognize and agree that no employer-employee or master-servant relationship exists or will exist under the contract between the Government and the Contractor and/or between the Government and Contractor's personnel. The Contractor personnel shall be responsible solely to the Contractor, who, in turn, shall be accountable to the Government.
b. The Government shall not exercise any supervision or control over Contractor personnel performing services under this contract. Contractor personnel shall not be placed under the supervision, direction, or evaluation of a Federal Officer, military or civilian, in connection with performance under this contract. Likewise, Contractor personnel shall not be placed in a position of command, supervision, administration, or control over Department of the Army military or civilian personnel, or personnel of other prime contractors, or become an integrated part of the Government organization in connection with performance under this contract. Contractor personnel shall not be used in administration or supervision of military procurement activities.
c. Rules, regulations, directives, and requirements which are issued during the contract term by DA Military Command Authorities, under their responsibility for law and order, administration, and security on the installation shall be applicable to all Contractor personnel or representatives who enter the installation, or who travel on Government transportation. This requirement shall not be construed or interpreted to establish any degree of Government control which is inconsistent with the intent of a non-personal services contract. Contractor personnel or representatives shall be subject to such checks as may be necessary to assure that their presence on the installation does not violate these requirements. No employee shall be permitted on the installation when such a check reveals that his presence would be detrimental to the security of the installation or accomplishment of work. When directed by the Contracting Officer, the Contractor shall remove any employee from an assignment to perform services under this contract for reasons of misconduct or breaches of security in connection with his or her employment or any employee determined otherwise objectional by the Contracting Officer.
d. Upon completion of their assigned shift, Contractor employees shall depart the work area and shall not loiter elsewhere on the military installation.
e. Contractor and Contractor personnel shall not be eligible, by virtue of performance under this contract, for payment by the Government of entitlements and benefits accorded Federal employees.
STR 52.000-4038 ENGLISH SPEAKING REPRESENTATIVE (AUG 1993)
At all times when any performance of the work at the site is being conducted by any member of the Contractor or its subcontractors, the Contractor shall have a representative present on the site who is capable of explaining the work operations and receiving instructions in the English language. The Contracting Officer shall have the right to determine, without appeal of such decision, whether the proposed representative has sufficient technical and linguistic capabilities, and the Contractor shall immediately replace any individual not acceptable to the Contracting Officer.
End of Clause
52.000-4087 COMPLIANCE WITH HOST NATION LABOR LAWS, RELATIONS AND
STANDARDS (ADDITIONAL INFORMATION) ITALY
a. The Contractor shall be responsible for complying with any and all Italian labor laws, relations and standards in effect or which shall come into effect during the term of this contract. Such compliance shall pertain to: hours of work, wages, salaries, working conditions, labor relations (including collective bargaining, union agreements, etc.), particular workmen's compensation, social security contributions for all categories of dependents and professionals.
b. Furthermore the Contractor shall safeguard his firm with additional insurance against the risks of monetary recoupment by Italian authorities and workers for accidents, injuries or deaths which are imputable to the Contractor for failure to observe required safety practices and/or any requirement of paragraph a. above.
c. The Contractor shall be totally responsible and shall save harmless the U.S. Government from any and all disputes, claims, or grievances initiated by employees or third parties because of failure to comply with this special contract requirement.
d. With signature of the offer, the Contractor warrants that the proposed price(s) include all costs in effect or which shall come into effect during the term of the contract for compliance with Italian labor laws, relations, and standards and also for all responsibilities and risks as indicated herein.
(End of Clause)
52.000-4088 NON APPLICABILITY OF ITALIAN CIVIL CODES
The undersigned contractor, having seen and completely knowledgeable of the contents of the solicitation and eventual contract, in all of its parts, hereby renounces to any and all rights afforded to him by articles 1664, 1467 and 1673. The renouncement is made on his own free will without having received influence of any kin, from any third parties, including the contracting officer. The contractual price includes adequate monetary compensation for this renouncement. I hereby certify to have read and understood all terms, conditions and clauses of this contract and hereby approve them in their entirety.
Name of Contractor:______________________________________________
Position of Agent: ________________________________________________
Signature of Agent: _______________________________________________
NON WORK DAYS (ITALY)
Unless otherwise approved by the Contracting Officer, work shall not be performed at the on-base site of work on the following Italian or U.S. holidays (including other base closure days).
Regular working days as used herein mean Monday through Friday, from 0800 to 1700 hours, of each week with exception of established Italian or U.S. holidays or any other day proclaimed an official holiday by either Government.
(1) Italian Holidays:
1 January New Year's Day 6 January Epiphany Monday following Easter Easter Monday 25 April Liberation Day 1 May May Day 15 August Assumption Day 1 November All Saints Day 8 December Immaculate Conception 25 December Christmas Day 26 December St. Stephen's Day
(2) U.S. Holidays:
1 January * New Year's Day 3rd Monday in January Martin Luther King Jr. Birthday 3rd Monday in February President's Day Last Monday in May Memorial Day 4th of July * Independence Day 1st Monday in September Labor Day 2nd Monday in October Columbus Day 11 November * Veteran's Day 4th Thursday in November Thanksgiving Day 25 December * Christmas Day
* When a U.S. holiday is on a Saturday, the preceding Friday will be the U.S. holiday. When the holiday is on a Sunday, the following Monday will be a U.S. holiday. If delivery is scheduled for a proclaimed holiday, delivery will be made on the next regular workday.
52.000-4091 Compliance with Italian Decree DPR 554/99, as amended by Article 2 of DPR 412/00 (2009).
All offerors must demonstrate compliance with DPR 554/99, notably Article 75, as amended by DPR 412/00, Article 2 and compliance with Article 38 of DPR 163/06 within the timelines specified by the contracting officer.
Offerors will:
a) self certify the non-existence of the situations at Art. 75 of DPR 554/99 as amended by Art. 2 of DPR 412/00 and Article 38 of DPR 163/06. and
b) comply by providing a “Certificato d’ Iscrizione al Casellario Giudiziale” for each member of the company and a “Documento Unico di Regolaritá Contributiva” pursuant to Art. 2 of Legislative Decree n.210/2002 converted into law n. 266/2002.
52.000-4101 Additional Safety Requirements for Projects in Italy (APR 2009)
“Contractor” is defined in this clause as having the meaning of the “Awarded Company” pursuant to Article 89(i) of Law 81/2008.
1. This contract is design-build in nature. Under this contract, the contractor is both the designer and the construction contractor and is the designer of record. The Government will provide the contractor with a partial design or a scope of work. The contractor will be responsible for fully designing the work or completing the design in accordance with all Italian legal requirements.
2. The contractor will be responsible for complying with the design safety and coordination plan (piano di sicurezza e di coordinamento) (PSC) requirements of Italian Law 81/2008, as amended.
In the case of projects and awarded task orders/contracts meeting the thresholds established in the law, the contractor is appointed as the Works Manager (il responsabile dei lavori) for the design phase of the project. This includes the requirement to designate a qualified design safety coordinator (coordinatore per la progettazione) and the preparation of a risk analysis/ design safety plan (il piano di sicurezza e di coordinamento) (PSC) meeting the requirements of the law. The risk analysis/ safety and coordination plan (PSC) must be submitted to the Government for review and prior to any construction work commencing on the project.
3. The contractor is responsible for conformance to the requirements of Italian law, including Law 81/2008, as amended, relating to construction safety.
In the case of projects and awarded task orders/contracts meeting the thresholds established in Law 81/2008, as amended, the contractor must comply with all aspects of Law 81, including and not limited to Articles 89 and 97.
The contractor must prepare the operative safety plan during construction (piano operative di sicurezza) (POS) and oversee safety at the site and the application and regulation of the safety and coordination plan (POS). An Independent Construction Safety Coordinator (coordinatore independente per l’esecuzione), shall perform the duties specified in the law 81 during the construction phase of work. The contractor must take direction from the Independent Construction Safety Coordinator during Construction regarding inspections, implementation, integration, and updating of the PSC and POS during actual progress of the work. The contractor is not permitted to begin construction work until after receipt of the Construction Phase Notice to Proceed (CNTP).
4. The contractor is responsible for demonstrating its technical and professional capabilities and to submit this documentation to the Contracting Officer Representative (COR) prior to receiving the Construction Notice To Proceed (CNTP), pursuant to Article 89 of Law 81/2008. This includes the documentation required by Article 90, paragraph 9b and Attachment XVII of Law No. 81/2008. The contractor is responsible for verifying the technical and professional capabilities of all subcontractors in accordance with Law 81/2008.
4. The requirements of this clause are in addition to other safety requirements in this contract, including compliance with the latest version of the requirements of EM 385-1-1, including the requirement for a distinct, full-time Site Safety and Health Officer.
6. The costs for compliance with the requirements of this clause shall be included in contract price. There will not be a separate line item for these costs; the cost should be treated as overhead expense and distributed accordingly in lump sum, coefficients, or unit prices.
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (DEVIATION 2018-O0018) (OCT 2018)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation.
Each offer submitted will be evaluated separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers:
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.
Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.
Additional copies will be issued for a fee.
(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(i) ASSIST (https://assist.dla.mil/online/start/).
(ii) Quick Search (http://quicksearch.dla.mil/).
(iii) ASSISTdocs.com (http://assistdocs.com).
(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--
(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue,…
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