B.08.03 Amend 0002 Conformed Copy W912GB24R0009.pdf

CODE

(Hour)

PAGE(S)

until 10:00 AM local time 27 Mar 2024

A X B X C

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X G F 49 - 58

59 - 64 X H 65 - 75 veronica.t.vogler@usace.army.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

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

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

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

1 75

(If other than Item 7)

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

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

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

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W912GB 8. ADDRESS OFFER TO

See Item 7

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

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

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

VERONICA T VOGLER

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 29

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT

PACKAGING AND MARKING

30 - 32 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

33 - 34 35 - 39

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 40 - 41 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

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

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

13. DISCOUNT FOR PROMPT PAYMENT

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

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

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

FACILITY

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

SOLICITATION, OFFER AND AWARD

X

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

PART I - THE SCHEDULE

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

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

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

AWARD (To be completed by Government)

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

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

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

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

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

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

42 - 48

PART II - CONTRACT CLAUSES

CONTRACTING DIVISION

US ARMY CORPS OF ENGINEERS

KONRAD ADENAUER RING 39

D-65187 WIESBADEN GERMANY

WIESBADEN 65187

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

23 Feb 2024

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912GB24R0009

Section B - Supplies or Services and Prices

SEE APPENDIX A SCHEDULE

OFFERS SHALL BE SUBMITTED ON APPENDIX A SCHEDULE OF ITEMS AND PRICES. BE SURE

TO COMPLETE BOTH WORKSHEETS--THE CLIN SCHEDULE AND LABOR RATES. THE

FOLLOWING SCHEDULE IS AUTOMATICALLY GENERATED BY THE CONTRACT WRITING

SYSTEM BUT THE EXCEL SPREADSHEET TITLED “B.08.02 Appendix A schedule of Items and Prices”

SHALL BE USED IN THE PROPOSAL SUBMISSION.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

TASK 1

FFP

Contractor Plans FOB: Destination

PSC CD: Z1NA

NET AMT

0002 1 Job

TASK 2

FFP

Contractor Reports

0003 1 Job

TASK 3

FFP

Scheduled Recurring Maintenance (NAS Sigonella and NSA Naples)

0004 1 Job

TASK 4

FFP

Scheduled Recurring Maintenance (Camp Darby, Caserma Ederle, Caserma Del Din)

0005 1 Job

TASK 5

CPFF

Unscheduled Minor Repair Service Orders (NAS Sigonella and NAS Naples)

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

0006 1 Job

TASK 6

CPFF

Unscheduled Minor Repair Service Orders (Aviano AB)

0007 1 Job

TASK 7

CPFF

Unscheduled Minor Repair Service Orders (Camp Darby, Caserma Ederle, Caserma Del Din)

0008 1 Job

TASK 8

CPFF

Mobile Pantographs Unscheduled Minor Repair Service Orders (NAS Sigonella and NSA Naples)

0009 1 Job

TASK 9

CPFF

Mobile Pantographs Unscheduled Minor Repair Service Orders (Aviano AB)

0010 1 Job

TASK 10

FFP

Annual Fuel Site Assessment (NAS Sigonella and NSA Naples)

0011 1 Job

TASK 11

FFP

Annual Fuel Site Assessment (Aviano AB)

0012 1 Job

TASK 12

FFP

Annual Fuel Site Assessment (Camp Darby, Caserma Ederle, Caserma Del Din)

1001 1 Job OPTION Option Year 1, TASK 1

FFP

Contractor Plans

1002 1 Job OPTION Option Year 1, TASK 2

FFP

Contractor Reports

1003 1 Job OPTION Option Year 1, TASK 3

FFP

Scheduled Recurring Maintenance (NAS Sigonella and NSA Naples)

1004 1 Job OPTION Option Year 1, TASK 4

FFP

Scheduled Recurring Maintenance (Camp Darby, Caserma Ederle, Caserma Del Din)

1005 1 Job OPTION Option Year 1, TASK 5

CPFF

Unscheduled Minor Repair Service Orders (NAS Sigonella and NAS Naples)

1006 1 Job OPTION Option Year 1, TASK 6

CPFF

Unscheduled Minor Repair Service Orders (Aviano AB)

1007 1 Job OPTION Option Year 1, TASK 7

CPFF

Unscheduled Minor Repair Service Orders (Camp Darby, Caserma Ederle, Caserma Del Din)

1008 1 Job OPTION Option Year 1, TASK 8

CPFF

Mobile Pantographs Unscheduled Minor Repair Service Orders (NAS Sigonella and NSA Naples)

1009 1 Job OPTION Option Year 1, TASK 9

CPFF

Mobile Pantographs Unscheduled Minor Repair Service Orders (Aviano AB)

1010 1 Job OPTION Option Year 1, TASK 10

FFP

Annual Fuel Site Assessment (NAS Sigonella and NSA Naples)

1011 1 Job OPTION Option Year 1, TASK 11

FFP

Annual Fuel Site Assessment (Aviano AB)

1012 1 Job OPTION Option Year 1, TASK 12

FFP

Annual Fuel Site Assessment (Camp Darby, Caserma Ederle, Caserma Del Din)

2001 1 Job OPTION Option Year 2, TASK 1

FFP

Contractor Plans

2002 1 Job OPTION Option Year 2, TASK 2

FFP

Contractor Reports

2003 1 Job OPTION Option Year 2, TASK 3

FFP

Scheduled Recurring Maintenance (NAS Sigonella and NSA Naples)

2004 1 Job OPTION Option Year 2, TASK 4

FFP

Scheduled Recurring Maintenance (Camp Darby, Caserma Ederle, Caserma Del Din)

2005 1 Job OPTION Option Year 2, TASK 5

CPFF

Unscheduled Minor Repair Service Orders (NAS Sigonella and NAS Naples)

2006 1 Job OPTION Option Year 2, TASK 6

CPFF

Unscheduled Minor Repair Service Orders (Aviano AB)

2007 1 Job OPTION Option Year 2, TASK 7

CPFF

Unscheduled Minor Repair Service Orders (Camp Darby, Caserma Ederle, Caserma Del Din)

2008 1 Job OPTION Option Year 2, TASK 8

CPFF

Mobile Pantographs Unscheduled Minor Repair Service Orders (NAS Sigonella and NSA Naples)

2009 1 Job OPTION Option Year 2, TASK 9

CPFF

Mobile Pantographs Unscheduled Minor Repair Service Orders (Aviano AB)

2010 1 Job OPTION Option Year 2, TASK 10

FFP

Annual Fuel Site Assessment (NAS Sigonella and NSA Naples)

2011 1 Job OPTION Option Year 2, TASK 11

FFP

Annual Fuel Site Assessment (Aviano AB)

2012 1 Job OPTION Option Year 2, TASK 12

FFP

Annual Fuel Site Assessment (Camp Darby, Caserma Ederle, Caserma Del Din)

3001 1 Job OPTION Option Year 3, TASK 1

FFP

Contractor Plans

3002 1 Job OPTION Option Year 3, TASK 2

FFP

Contractor Reports

3003 1 Job OPTION Option Year 3, TASK 3

FFP

Scheduled Recurring Maintenance (NAS Sigonella and NSA Naples)

3004 1 Job OPTION Option Year 3, TASK 4

FFP

Scheduled Recurring Maintenance (Camp Darby, Caserma Ederle, Caserma Del Din)

3005 1 Job OPTION Option Year 3, TASK 5

CPFF

Unscheduled Minor Repair Service Orders (NAS Sigonella and NAS Naples)

3006 1 Job OPTION Option Year 3, TASK 6

CPFF

Unscheduled Minor Repair Service Orders (Aviano AB)

3007 1 Job OPTION Option Year 3, TASK 7

CPFF

Unscheduled Minor Repair Service Orders (Camp Darby, Caserma Ederle, Caserma Del Din)

3008 1 Job OPTION Option Year 3, TASK 8

CPFF

Mobile Pantographs Unscheduled Minor Repair Service Orders (NAS Sigonella and NSA Naples)

3009 1 Job OPTION Option Year 3, TASK 9

CPFF

Mobile Pantographs Unscheduled Minor Repair Service Orders (Aviano AB)

3010 1 Job OPTION Option Year 3, TASK 10

FFP

Annual Fuel Site Assessment (NAS Sigonella and NSA Naples)

3011 1 Job OPTION Option Year 3, TASK 11

FFP

Annual Fuel Site Assessment (Aviano AB)

3012 1 Job OPTION Option Year 3, TASK 12

FFP

Annual Fuel Site Assessment (Camp Darby, Caserma Ederle, Caserma Del Din)

4001 1 Job OPTION Option Year 4, TASK 1

FFP

Contractor Plans

4002 1 Job OPTION Option Year 4, TASK 2

FFP

Contractor Reports

4003 1 Job OPTION Option Year 4, TASK 3

FFP

Scheduled Recurring Maintenance (NAS Sigonella and NSA Naples)

4004 1 Job OPTION Option Year 4, TASK 4

FFP

Scheduled Recurring Maintenance (Camp Darby, Caserma Ederle, Caserma Del Din)

4005 1 Job OPTION Option Year 4, TASK 5

CPFF

Unscheduled Minor Repair Service Orders (NAS Sigonella and NAS Naples)

4006 1 Job OPTION Option Year 4, TASK 6

CPFF

Unscheduled Minor Repair Service Orders (Aviano AB)

4007 1 Job OPTION Option Year 4, TASK 7

CPFF

Unscheduled Minor Repair Service Orders (Camp Darby, Caserma Ederle, Caserma Del Din)

4008 1 Job OPTION Option Year 4, TASK 8

CPFF

Mobile Pantographs Unscheduled Minor Repair Service Orders (NAS Sigonella and NSA Naples)

4009 1 Job OPTION Option Year 4, TASK 9

CPFF

Mobile Pantographs Unscheduled Minor Repair Service Orders (Aviano AB)

4010 1 Job OPTION Option Year 4, TASK 10

FFP

Annual Fuel Site Assessment (NAS Sigonella and NSA Naples)

4011 1 Job OPTION Option Year 4, TASK 11

FFP

Annual Fuel Site Assessment (Aviano AB)

4012 1 Job OPTION Option Year 4, TASK 12

FFP

Annual Fuel Site Assessment (Camp Darby, Caserma Ederle, Caserma Del Din)

5001 1 Job OPTION 52.217-8 Option, TASK 1

FFP

Contractor Plans

5002 1 Job OPTION 52.217-8 Option, TASK 2

FFP

Contractor Reports

5003 1 Job OPTION 52.217-8 Option, TASK 3

FFP

Scheduled Recurring Maintenance (NAS Sigonella and NSA Naples)

5004 1 Job OPTION 52.217-8 Option, TASK 4

FFP

Scheduled Recurring Maintenance (Camp Darby, Caserma Ederle, Caserma Del Din)

5005 1 Job OPTION 52.217-8 Option, TASK 5

CPFF

Unscheduled Minor Repair Service Orders (NAS Sigonella and NAS Naples)

5006 1 Job OPTION 52.217-8 Option, TASK 6

CPFF

Unscheduled Minor Repair Service Orders (Aviano AB)

5007 1 Job OPTION 52.217-8 Option, TASK 7

CPFF

Unscheduled Minor Repair Service Orders (Camp Darby, Caserma Ederle, Caserma Del Din)

5008 1 Job OPTION 52.217-8 Option, TASK 8

CPFF

Mobile Pantographs Unscheduled Minor Repair Service Orders (NAS Sigonella and NSA Naples)

5009 1 Job OPTION 52.217-8 Option, TASK 9

CPFF

Mobile Pantographs Unscheduled Minor Repair Service Orders (Aviano AB)

5010 1 Job OPTION 52.217-8 Option, TASK 10

FFP

Annual Fuel Site Assessment (NAS Sigonella and NSA Naples)

5011 1 Job OPTION 52.217-8 Option, TASK 11

FFP

Annual Fuel Site Assessment (Aviano AB)

5012 1 Job OPTION 52.217-8 Option, TASK 12

FFP

Annual Fuel Site Assessment (Camp Darby, Caserma Ederle, Caserma Del Din)

Section C - Descriptions and Specifications

PROJECTS IN ITALY

1. ANTI-MAFIA LAW

Pre-Award Effect of Anti-Mafia Procedures: Inasmuch as the work of this solicitation is to be performed on land owned by the Italian State, the prospective contractor will be subject to all Italian legislation concerning anti-mafia documentation, including, without limitation: Legislative Decree no. 159 of September 6, 2011, Decree of the President of the Republic no. 252 of June 3, 1998, Legislative Decree no. 490 of August 8, 1994, Law Decree No. 629 of September 6, 1982, and any subsequent anti-mafia laws, integrations and amendments. Only firms that submit the requested documentation will be considered for award. In the event that prior to award any mafia infiltration attempt is determined by the competent Prefect (Prefetto) against an offeror, pursuant to Art. 4 of Legislative Decree no. 490/1994, Art. 10 of Decree of the President of the Republic no.

252/1998, or any other anti-mafia law, no award will be made to said offeror. Furthermore, in the event that prior to award any additional information against an offeror is obtained and validated by the government or provided by the competent Prefect (Prefetto) pursuant to Art. 1, Section 7 of Law decree 629/1982, Art. 10, paragraph 9, of Decree of the President of the Republic no. 252/1998, or any other anti-mafia law, the Government may decide, at its sole discretion, that no award will be made to said offeror.

Subcontractors: ALSO, the Offeror is responsible for complying with Italian Anti-Mafia laws with respect to its subcontractors; and, if necessary, requesting additional information regarding attempts of mafia infiltration from a competent Prefect (Prefetto). The Offeror agrees to provide the Government any appropriate documentation that may indicate mafia-collusion, to include, if available, results of any Prefect (Prefetto) investigations. If after award, a competent Prefect (Prefetto) determines that mafia infiltration attempts have occurred with a subcontractor, then the Offeror agrees, if requested by the Government, to promptly terminate the subject subcontract and replace the mafia-colluded subcontractor at its own cost with a compliant company.

Termination: If during the life of this contract, any mafia infiltration attempt is determined by the Government to have occurred or additional information is provided by the Prefect (Prefetto) against any component of the Contractor or any Subcontractor, pursuant to Art. 1, Section 7 of Law Decree 629/1982, Art 4 of Legislative Decree no. 490/1994, Art. 10 of Decree of the President of the Republic no. 252/1998, or any other anti-mafia law, the Government at its sole discretion may consider this a failure to execute the work and may terminate the contractor's right to proceed with the work under the "Default" clause of this contract.

Documentation Requirements: Contractor shall submit the following:

The offeror SHALL include a “self-declaration” in accordance with DPR 445/2000, stating that “pursuant to any applicable anti-mafia law in force, none of the causes of forfeiture, suspension or prohibition set forth by Art. 67 of the Code exist with regard to all the persons involved in the subject contract.”

This documentation is to be included in your Price Proposal.

2. INSURANCE (ADDITIONAL INFORMATION) ITALY

Work on a Government Installation. The following are the kinds and minimum amounts of insurance that are required for performance of this contract.

Employee and third-party bodily injury (in addition to the mandatory Contractor's country social insurance).

Per Person: Euro 258,228.450

Per Occurrence: Euro 516,456.8991 Third Party Property Damage:

Per Occurrence: Euro 258,228.450

Vehicle Liability Insurance in accordance with the mandatory requirements of the Contractor's country.

Insurance policies may be denominated in other than the currency of the Contractor's country provided the amount is equivalent to those stated above and the insurance policies are valid in the country where the work is to be performed.

3. 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.

4. NON-WORKDAYS (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.

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

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 19 June – Juneteenth 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.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 1005 Destination Government Destination Government 1006 Destination Government Destination Government 1007 Destination Government Destination Government 1008 Destination Government Destination Government 1009 Destination Government Destination Government 1010 Destination Government Destination Government 1011 Destination Government Destination Government 1012 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 2005 Destination Government Destination Government 2006 Destination Government Destination Government 2007 Destination Government Destination Government 2008 Destination Government Destination Government 2009 Destination Government Destination Government 2010 Destination Government Destination Government 2011 Destination Government Destination Government 2012 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 3005 Destination Government Destination Government 3006 Destination Government Destination Government 3007 Destination Government Destination Government 3008 Destination Government Destination Government

3009 Destination Government Destination Government 3010 Destination Government Destination Government 3011 Destination Government Destination Government 3012 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government 4004 Destination Government Destination Government 4005 Destination Government Destination Government 4006 Destination Government Destination Government 4007 Destination Government Destination Government 4008 Destination Government Destination Government 4009 Destination Government Destination Government 4010 Destination Government Destination Government 4011 Destination Government Destination Government 4012 Destination Government Destination Government 5001 Destination Government Destination Government 5002 Destination Government Destination Government 5003 Destination Government Destination Government 5004 Destination Government Destination Government 5005 Destination Government Destination Government 5006 Destination Government Destination Government 5007 Destination Government Destination Government 5008 Destination Government Destination Government 5009 Destination Government Destination Government 5010 Destination Government Destination Government 5011 Destination Government Destination Government 5012 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-5 Inspection Of Services Cost-Reimbursement APR 1984

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 365 dys. ADC 1 U.S. ARMY CORPS OF ENGINEERS, EUROPE

CENAU-CT

KONRAD-ADENAUER RING 39

WIESBADEN 65187

(+49)611-9744-2600

WK4SF6

0002 365 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0003 365 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0004 365 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0005 365 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0006 365 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0007 365 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0008 365 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0009 365 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0010 365 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0011 365 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0012 365 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

1001 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

1002 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

1003 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

1004 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

1005 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

1006 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

1007 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

1008 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

1009 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

1010 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

1011 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

1012 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

2001 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

2002 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

2003 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

2004 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

2005 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

2006 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

2007 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

2008 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

2009 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

2010 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

2011 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

2012 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

3001 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

3002 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

3003 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

3004 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

3005 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

3006 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

3007 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

3008 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

3009 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

3010 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

3011 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

3012 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

4001 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

4002 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

4003 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

4004 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

4005 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

4006 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

4007 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

4008 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

4009 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

4010 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

4011 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

4012 365 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

5001 6 mths. AOE 1 (SAME AS PREVIOUS LOCATION)

5002 6 mths. AOE 1 (SAME AS PREVIOUS LOCATION)

5003 6 mths. AOE 1 (SAME AS PREVIOUS LOCATION)

5004 6 mths. AOE 1 (SAME AS PREVIOUS LOCATION)

5005 6 mths. AOE 1 (SAME AS PREVIOUS LOCATION)

5006 6 mths. AOE 1 (SAME AS PREVIOUS LOCATION)

5007 6 mths. AOE 1 (SAME AS PREVIOUS LOCATION)

5008 6 mths. AOE 1 (SAME AS PREVIOUS LOCATION)

5009 6 mths. AOE 1 (SAME AS PREVIOUS LOCATION)

5010 6 mths. AOE 1 (SAME AS PREVIOUS LOCATION)

5011 6 mths. AOE 1 (SAME AS PREVIOUS LOCATION)

5012 6 mths. AOE 1 (SAME AS PREVIOUS LOCATION)

52.242-15 Stop-Work Order AUG 1989 52.242-15 Alt I Stop-Work Order (Aug 1989) - Alternate I APR 1984 52.242-17 Government Delay Of Work APR 1984

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

FAR provision 52.229-11 and FAR clause 52.229-12 are included in this solicitation. This provision and clause concern the imposition of a 2 percent Federal excise tax withholding on any resultant contract award or payment request. This rule applies to Federal Government contracts for goods or services that are awarded to foreign persons – such as foreign contractors. It implements the Department of the Treasury’s final regulations published in the Federal Register at 81 FR 55133 on August 18, 2016, under section 5000C of the Internal Revenue Code relating to the 2 percent tax on payments made by the U.S. Government to foreign persons pursuant to certain contracts.

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

Exemptions from this excise tax must be claimed by an Offeror when it submits, with its offer, a U.S. Department of Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/W14. If not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent on each contract payment. Failure to submit an IRS Form W-14 with each payment request will also result in an automatic withholding of 2 percent from the payment request.

When filling out the IRS Form W-14 the following information may be used to complete Part I, Lines 6 and 7.

Line 6 Contract/reference number: [enter solicitation number] Line 7 “Name and address of the acquiring agency”: [enter District name and address]

Any exemption claimed and self-certified is subject to audit by the IRS. Any disputes concerning this tax are adjudicated by the IRS because the Section 5000C tax is a tax matter not a contract issue.

Offerors are encouraged to seek guidance from their own tax professionals for advice concerning the provision, clause, and exclusions exclusion/submission of IRS Form W-14. Additional information is also available at:

Notwithstanding the above, the USACE does not have a means of withholding this excise tax at this time. As a result, contractors are expected to comply with the instructions above and to properly complete and return the W-14 at proposal submission, and with each pay application. The amount due for each withholding will be confirmed by USACE, BUT WILL NOT BE WITHHELD. It is the contractor’s responsibility to set aside, or remit to the IRS, the amount confirmed by USACE. Whether the contractor sets the money aside for future payment to the IRS, or makes payment to the IRS, is the contractor’s discretion, based on its analysis of the regulations regarding the excise tax. In the event that USACE is able to withhold during contract performance, it will notify the contractor and make such a withholding (including any catch up withholdings); no advance notice is required to the contractor prior to the withholding. Under no circumstances is USACE liable for any tax not paid by the contractor. The contractor is liable for the tax, to the extent required by law, regardless of whether USACE makes a withholding.

FAR 29.204 expressly states that “[a]gencies merely withhold the tax (section 5000C tax) for the Internal Revenue Service (IRS). All substantive issues regarding the underlying section 5000C tax, e.g., the imposition of, and exemption from the tax, are matters under the jurisdiction of the IRS.” Therefore, we cannot help you determine how the tax law applies to you. We strongly recommend that you contact the IRS and/or a tax professional should you have any questions of this nature. To be clear, this information does not constitute tax advice or a representation of ot create liability for the USACE for any Federal, state, or local taxes applicable to the above-referenced contract or any other contract.

For submission requirements and basis of evaluation:

Executed FAR Provision 52.229-11.

Completed IRS Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, if applicable. If not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent on each payment.

DEFENSE BASE ACT INSURANCE

DEFENSE BASE ACT INSURANCE (DBA) coverage is required for work performed on this project by any citizen or legal residents of the United States of America, as well as employees recruited in the United States, regardless of their citizenship status. All other employees shall be covered by applicable local laws in accordance with the contract, including Defense Federal Acquisition Regulation Supplement (DFARS) 252.222-7002 Compliance with Local Labor Laws (Overseas) (Jun 1997). If DBA insurance is necessary, you will be required to provide the insurance certificate no later than 14 calendar days after award. The contractor shall certify whether DBA insurance is required in the proposal.

Section I - Contract Clauses

252.225-7967 PROHIBITION REGARDING RUSSIAN FOSSIL FUEL OPERATIONS (DEVIATION 2024- O0006) (FEB 2024)

(a) Definitions. As used in this clause— “Business operations” means knowingly engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other known apparatus of business or commerce. The term does not include—

(1) Any shipment subject to price caps as specified in the—

(i) “Statement of the G7 and Australia on a Price Cap for Seaborne Russian-Origin Crude Oil”, issued on December 2, 2022, between member countries of that coalition; or

(ii) “Statement of the G7 and Australia on Price Caps for Seaborne Russian-Origin Petroleum Products Berlin, Brussels, Canberra, London, Ottawa, Paris, Rome, Tokyo, Washington”, issued on February 4, 2023, between such members, if such shipment complies with the applicable price caps; or

(A) Actions taken for the benefit of the country of Ukraine, as determined by the Secretary; or

(B) Actions taken to support the suspension or termination of business operations for commercial activities during the period beginning on the effective date and ending on December 31, 2029, including—

(1) Any action to secure or divest from facilities, property, or equipment;

(2) The provision of products or services provided to reduce or eliminate operations in territory internationally recognized as the Russian Federation or to comply with sanctions relating to the Russian Federation; and;

(3) Activities that are incident to liquidating, dissolving, or winding down a subsidiary or legal entity in Russia.

Fossil fuel company means an entity or individual that—

(1) Carries out oil, gas, or coal exploration, development, or production activities;

(2) Processes or refines oil, gas, or coal; or

(3) Transports, or constructs facilities for the transportation of, Russian oil, gas, or coal.

(b) Prohibition. In accordance with section 804 of the National Defense Authorization Act for Fiscal Year 2024 (Pub. L. 118-31), the Contractor is prohibited from entering into a subcontract or other contractual instrument for the procurement of products or services with any entity or individual that is known to be, or that is known to have fossil fuel business operations with an entity or individual that is, not less than 50 percent owned, individually or collectively, by—

(1) An authority of the government of the Russian Federation; or

(2) A fossil fuel company that operates in the Russian Federation, except if the fossil fuel company transports oil or gas—

(i) Through the Russian Federation for sale outside of the Russian Federation; and

(ii) That was extracted from a country other than the Russian Federation with respect to the energy sector of which the President has not imposed sanctions as of the date on which the contract is awarded.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts and other contractual instruments, including those for the acquisition of commercial products or commercial services.

(End of clause)

52.201-1 Acquisition 360: Voluntary Survey SEP 2023 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.204-13 System for Award Management Maintenance OCT 2018 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab Covered Entities

DEC 2023

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.216-7 Allowable Cost And Payment AUG 2018 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-23 Notice of Requirement for Affirmative Action to Ensure

Equal Employment Opportunity for Construction

FEB 1999

52.222-26 Equal Opportunity SEP 2016 52.222-50 Combating Trafficking in Persons NOV 2021 52.222-50 Alt I Combating Trafficking in Persons (NOV 2021) Alternate I MAR 2015 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-5 Trade Agreements NOV 2023 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.229-8 Taxes--Foreign Cost-Reimbursement Contracts MAR 1990 52.229-12 Tax on Certain Foreign Procurements FEB 2021 52.230-2 Cost Accounting Standards JUN 2020 52.230-3 Disclosure And Consistency Of Cost Accounting Practices JUN 2020 52.230-4 Disclosure and Consistency of Cost Accounting Practices --

Foreign Concerns

JUN 2020

52.230-6 Administration of Cost Accounting Standards JUN 2010 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-17 Interest MAY 2014 52.232-25 Prompt Payment JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-1 Notice of Intent to Disallow Costs APR 1984 52.242-3 Penalties for Unallowable Costs DEC 2022 52.242-13 Bankruptcy JUL 1995

52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.243-2 Alt I Changes--Cost-Reimbursement (Aug 1987) - Alternate I APR 1984 52.244-2 Subcontracts JUN 2020 52.244-5 Competition In Subcontracting DEC 1996 52.244-6 Subcontracts for Commercial Products and Commercial

Services

DEC 2023

52.245-1 Government Property SEP 2021 52.246-26 Reporting Nonconforming Items. NOV 2021 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-6 Termination (Cost Reimbursement) MAY 2004 52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.249-14 Excusable Delays APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

JAN 2023

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements JAN 2023 252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7041 Correspondence in English JUN 1997 252.225-7043 Antiterrorism/Force Protection Policy for Defense

Contractors Outside the United States

JUN 2015

252.225-7048 Export-Controlled Items JUN 2013 252.227-7032 Rights In Technical Data And Computer Software (Foreign) JUN 1975 252.228-7003 Capture and Detention DEC 1991 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 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations

OCT 2010

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)

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

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within prior to the end of the period of performance.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor prior to the end of the period of performance; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days prior to the end of the period of performance. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/dfars

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.229-7001 TAX RELIEF (APR 2020)

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

Value Added Tax (VAT):

Rate for Italy: 22%

(b) Invoices submitted in accordance with the terms and conditions of this contract shall be exclusive of all taxes or duties for which relief is available. The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.

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

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

Section K - Representations, Certifications and Other Statements of Offerors

52.204-26 Covered Telecommunications Equipment or Services--

Representation.

OCT 2020

52.229-11 Tax on Certain Foreign Procurements--Notice and Representation

JUN 2020

252.203-7005 Representation Relating to Compensation of Former DoD Officials

SEP 2022

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.225-7966 (Dev) Prohibition Regarding Russian Fossil Fuel Business Operations - Representation (Deviation 2024-O0006).

FEB 2024

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238990.

(2) The small business size standard is $19,000,000.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with…