SOW_Latrines_REV01_9JUN22.pdf

STATEMENT OF WORK (SOW)

PORTABLE LATRINES AND HANDWASHING STATION REQUIREMENTS

1. General: This is a non-personal services contract to provide portable latrines and handwashing stations for eXportable Combat Training Capability (XCTC) exercises. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and nonpersonal services necessary to perform latrines and hand washing stations as defined in this Statement of Work from 23 June 2022 – 30 July 2022.

1.2 Service Requirements: Contractor will provide and maintain one-hundred twenty-eight

(128) portable latrines and thirty-eight (38) handwashing stations.

2. Portable Latrines: The Contractor shall provide Western style chemical latrines.

2.1 Portable Latrines (Cleaned Every other day)

LOC

Locations Dates Latrines Notes

1 LFX AA 10SFE 96777 60483 11-26JUL22 24

2 LFX AHA 10S FE 96793 60463 11-26JUL22 1 Reposition - 1 HW from Range L14

3A OPFOR AA 10SFE 99771

60211

11-26JUL22 11

3B OPFOR AA 10SFE 99874

60253

11-26JUL22 12

4 OPFOR AHA 10SFE 9978

60296

11-26JUL22 1 Reposition - 1 HW from Range L14

5 OPFOR (1-123) 10S FE

97485882

11-26JUL22 2

6 OPFOR (1-123) 10S FE 9944

11-26JUL22 2

7 OPFOR (1-123) 10S GE

0206006

11-26JUL22 2

8 CO AA 1 10SGE 00433 56113 10-26JUL22 7

9 CO AA 2 10SGE 00216 55992 10-26JUL22 7

10 CO AA 3 10SFE 99428 55335 10-26JUL22 7

11 STX AA CTCP 10SGE 00696

55312

10-26JUL22 7

12 STX FTCP 10SGE 01769

53963

10-16JUL22 7 Reposition to STX

CTCP LOC#11

13 STX AHA 10SGE 00519 55262 10-26JUL22 1

14 MOUT Site 11-26JUL22 6

15 AASLT LN 30 10SGE 03773

62096

11-26JUL22

Reposition - 1 Latrine from Range L14

LOC#19

16 AASLT LN 31 10SGE 01748

62322

LOC#19

17 AASLT LN 32 10SGE 01287

62063

LOC#19

18 AASLT LN 33 10SGE 02802

62139

LOC#19

19 Range L14 7-11 JUL22 8 Reposition to AASLT PZ, LNs 30,31,32,33, Retrans #3,#4,#5, #6

20 Range L16 11-26JUL22 8

21 MATES (JII) 7-10JUL22 2 Reposition to Retrans Site #1 (LOC#25) and

#2 (LOC#26)

22 MATES (JII) 26-30JUL22 Reposition from Retrans Site #1 and #2

23 Range M39 11-21JUL22 3

24 MORTEP 11-26JUL22 2

25 Retrans Site #1 HT266

GRID: 10SGE00690 59467

11-25JUL22 Reposition - 1 Latrine from MATES JII Reposition back to

MATES JII LOC#22

26 Retrans Site #2 HT325

GRID: 10SGE 01227 57124

11-25JUL22 Reposition - 1 Latrine from MATES JII Reposition back to

MATES JII LOC#22

27 Retrans Site #3 OP7

GRID: 10SFE 97706 58607

11-26JUL22 Reposition - 1 Latrine from Range L14

28 Retrans Site #4 HT267

GRID: 10SGE 00131 58835

11-26JUL22 Reposition - 1 Latrine from Range L14

29 Retrans Site #5 HT409

GRID: 10SFE 97697 55236

11-26JUL22 Reposition - 1 Latrine from Range L14

30 Retrans Site #6 HT329

GRID: 10SGE 02219 57845

11-26JUL22 Reposition - 1 Latrine from Range L14

31 OPFOR Hotwash (Location

TBD) #1

11-26JUL22 1

32 OPFOR Hotwash (Location

TBD) #2

11-26JUL22 1

33 OPFOR Hotwash (Location

TBD) #3

11-26JUL22 1

34 OPFOR Hotwash (Location

TBD) #4

11-26JUL22 1

35 OPFOR Hotwash (Location

TBD) #5

11-26JUL22 1

36 OPFOR Hotwash (Location

TBD) #6

11-26JUL22 1

37 Container Yard

GRID: 10GSE 02686 65045

23JUN22-

29JUL22

Total 128

a. Each unit shall be serviced.

b. The contractor shall service and clean each chemical latrine at least every other day.

Cleaning shall at a minimum consist of removing any trash; spray (wash) out interior with clean water; removal of “black water” and replaced with deodorizing disinfecting “blue or red” water;

provide/replace toilet paper in each latrine as needed. The contractor shall provide hand sanitizer in all latrines and replenish hand sanitizer as required during daily servicing.

c. The contractor shall repair or replace any broken or unserviceable units within 24 hours of notification from the Contracting Officer Representative (COR).

d. Remove and dispose of “black water” in an authorized location.

e. Trash containers shall be emptied and disposed of in the nearest outside trash collection container. Boxes, cans, and paper placed near trash receptacles and marked TRASH shall be removed. Trash receptacles shall be left clean, liners replaced, free of foreign matter, free of odors and returned to their initial location.

f. The contractor is responsible for providing sufficient quantities of disinfected fresh water non-potable (IAW TB Med 577, 9 November 2005, Sanitary Control and Surveillance of Field Water Supplies) delivery and grey water removal to remain operational 24 hours a day.

g. The contractor shall repair or replace any broken or unserviceable units within 24 hours of notification from the Contracting Officer Representative (COR).

h. The contractor shall provide sufficient quantities of bathroom supplies (Toilet paper and refilling of hand soap dispenser) to ensure latrines are operational at all times.

i. Placement will be directed by the KO or COR at a later date.

2.2 DELIVERY: The latrines shall be ready for use upon arrival of Soldiers on 23 June 2022.

Last day of service/ delivery is 30 July 2022.

2.3 RELOCATION DATES: July 10, July 11, July 16, July 25, July 26

2.4 SERVICE DATES: June 25, 27 (Container Yard and MATES Site) July 8, 12, 14, 15, 16, 17, 18, 20, 22, 24, 26, 28, 30 (All locations and during re-location periods).

3 HAND WASHING STATIONS: The contractor shall provide stand alone hand wash stations in support of XCTC 22-04 as directed in the delivery section below.

3.1. Handwashing Stations (Serviced every other day)

LOC

Locations Dates HW Station

Notes

1 LFX AA 10SFE 96777 60483 11-26JUL22 6

2 LFX AHA 10S FE 96793 60463 11-26JUL22 Reposition - 1 HW from Range L14

3A OPFOR AA 10SFE 99771 60211 11-26JUL22 3

3B OPFOR AA 10SFE 99874 60253 11-26JUL22 3

4 OPFOR AHA 10SFE 9978 60296 11-26JUL22 Reposition - 1 HW from Range L14

5 OPFOR (1-123) 10S FE 97485882 11-26JUL22 1

6 OPFOR (1-123) 10S FE 9944

11-26JUL22 1

7 OPFOR (1-123) 10S GE 0206006 11-26JUL22 1

8 CO AA 1 10SGE 00433 56113 10-26JUL22 2

9 CO AA 2 10SGE 00216 55992 10-26JUL22 2

10 CO AA 3 10SFE 99428 55335 10-26JUL22 2

11 STX AA CTCP 10SGE 00696

55312

10-26JUL22 3

12 STX FTCP 10SGE 01769 53963 10-16JUL22 3 Reposition to STX

CTCP LOC#11

13 STX AHA 10SGE 00519 55262 10-26JUL22 1

14 MOUT Site 11-26JUL22 2

15 AASLT LN 30 10SGE 03773

62096

11-26JUL22 Reposition - 1 Latrine from Range L14

LOC#19

16 AASLT LN 31 10SGE 01748

62322

11-26JUL22 Reposition - 1 Latrine from Range L14

LOC#19

17 AASLT LN 32 10SGE 01287

62063

11-26JUL22 Reposition - 1 Latrine from Range L14

LOC#19

18 AASLT LN 33 10SGE 02802

62139

11-26JUL22 Reposition - 1 Latrine from Range L14

LOC#19

19 Range L14 7-11 JUL22 2 Reposition to AASLT PZ, LNs 30,31,32,33, Retrans #3,#4,#5, #6

20 Range L16 11-26JUL22 2

21 MATES (JII) 7-10JUL22 1 Reposition to Retrans Site #1 (LOC#25) and

#2 (LOC#26)

22 MATES (JII) 26-30JUL22 Reposition from Retrans Site #1 and #2

23 Range M39 11-21JUL22 1

24 MORTEP 11-26JUL22 1

25 Retrans Site #1 HT266

GRID: 10SGE00690 59467

11-25JUL22 Reposition - 1 Latrine from MATES JII Reposition back to

MATES JII LOC#22

26 Retrans Site #2 HT325

GRID: 10SGE 01227 57124

11-25JUL22 Reposition - 1 Latrine from MATES JII Reposition back to

MATES JII LOC#22

27 Retrans Site #3 OP7

GRID: 10SFE 97706 58607

11-26JUL22 Reposition - 1 Latrine from Range L14

28 Retrans Site #4 HT267

GRID: 10SGE 00131 58835

11-26JUL22 Reposition - 1 Latrine from Range L14

29 Retrans Site #5 HT409

GRID: 10SFE 97697 55236

11-26JUL22 Reposition - 1 Latrine from Range L14

30 Retrans Site #6 HT329

GRID: 10SGE 02219 57845

11-26JUL22 Reposition - 1 Latrine from Range L14

31 OPFOR Hotwash (Location TBD) #1

11-26JUL22

32 OPFOR Hotwash (Location TBD) #2

11-26JUL22

33 OPFOR Hotwash (Location TBD) #3

11-26JUL22

34 OPFOR Hotwash (Location TBD) #4

11-26JUL22

35 OPFOR Hotwash (Location TBD) #5

11-26JUL22

36 OPFOR Hotwash (Location TBD) #6

11-26JUL22

37 Container Yard

GRID: 10GSE 02686 65045

23JUN22-

29JUL22

Total 38

3.2 Requirement:

a. Delivery, installation and removal shall be included in the contract.

b. Placement will be directed by the KO or COR at a later date.

c. Cleaning of Hand Wash Stations shall occur daily.

d. All stations shall be filled with disinfected fresh water, non-potable (IAW TB Med 577, 9 November 2005, Sanitary Control and Surveillance of Field Water Supplies) daily or as necessary.

e. Disinfected fresh water, non-potable and gray water storage units shall be self-contained and shall not drain onto the ground.

f. Paper towels shall be refilled as needed.

g. Bottled Soap dispensers shall be filled up daily on all stations

h. The contractor shall repair or replace any broken or unserviceable units within 24 hours of notification from the Contracting Officer Representative (COR).

i. Gray Water Removal from hand wash station shall occur daily

3.2 Delivery: The latrines shall be ready for use upon arrival of Soldiers on 23 June 2022.

Last day of service/ delivery is 29 July 2022.

3.3. RELOCATION DATES: July 10, July 11, July 16, July 25, July 26

3.4 SERVICE DATES: June 25, 28 (Container Yard and MATES Site) July 1, 6, 8, 12, 14, 16, 18, 20, 22, 24, 26, 28.

4. BUSINESS RELATIONS: The Contractor shall successfully integrate and coordinate all activity needed to execute the requirements. The Contractor shall manage the timeliness, completeness, and quality of problem identification. The Contractor shall provide corrective action plans, proposal submittals, timely identification of issues, and effective management of subcontractors. The Contractor shall seek to ensure customer satisfaction and professional and ethical behavior of all Contractor personnel throughout the entire period of this contract. Should any Contractor personnel conduct themselves unprofessionally and/or unethically and/or fail to complete his or her respective duties, the Government at its sole discretion, may request such Contractor personnel to be immediately removed and replaced.

4.1 CONTRACT ADMINISTRATION AND MANAGEMENT. The following subsections specify requirements for contract management and personnel administration.

4.2 CONTRACT MANAGEMENT. The contractor shall establish clear organizational lines of authority and responsibility to ensure effective management of the resources assigned to the requirement. The contractor must maintain continuity between the support operations at various Installations and the contractor's corporate offices.

4.3. CONTRACT ADMINISTRATION. The contractor shall establish processes and assign appropriate resources to effectively administer the requirement. The contractor shall respond to Government requests for contractual actions in a timely fashion. The contractor shall have a single point of contact between the Government and Contractor personnel assigned to support contracts or task orders. The contractor shall assign work effort and maintaining proper and accurate time keeping records of personnel assigned to work on the requirement.

4.4 PERSONNEL ADMINISTRATION. The contractor shall provide the following management and support as required. The contractor shall provide for employees during designated Government work days or other periods where Government offices may be closed due to weather or security conditions. The contractor shall maintain the currency of their employees by providing initial and refresher training as required to meet the Statement of Work requirements.

The contractor shall make necessary travel arrangements for employees. The contractor shall provide necessary infrastructure to support contract tasks.

4.5 PERFORMANCE REQUIREMENT SUMMARY (PRS) The Contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

5. GENERAL INFORMATION:

5.1 QUALITY CONTROL: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this Statement of Work. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures that the work complies with the requirement of the contract

5.2 QUALITY ASSURANCE: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

5.3 CONTRACTING OFFICER REPRESENTATIVE (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract.

5.4 CONTRACTOR PERSONNEL: The contractor shall provide a contract manager who shall be responsible for the statement of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

5.5 ORGANIZATIONAL CONFLICT OF INTEREST: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

5.6. CONTRACTOR MANPOWER REPORTING (CMR): The Office of the Assistant Secretary of the Army (Manpower &Reserve Affairs) operates and maintains a secure Army data collection site where the contractor will report ALL contractor manpower (including subcontractor manpower) required for performance of this contract. The contractor shall complete all the information in the format using the following web address. https://crma.army.mil The reporting period is the period of performance not to exceed 12 months ending September 30 September of each government fiscal year. The data must be reported by 31 October each year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a contractor’s system to the secure web site without the need for a separate data entries for each required data element at the website. The specific formats for the XML direct transfer may be downloaded from the web site.

DEFINITIONS AND ACRONYMS:

CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S.

Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Statement of Work.

DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the SOW. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

ACRONYMS:

COR Contracting Officer Representative

KO Contracting Officer

OCI Organizational Conflict of Interest

POC Point of Contact

PRS Performance Requirements Summary

SOW Statement of Work

QA Quality Assurance

QASP Quality Assurance Surveillance Plan

QC Quality Control

PROCEDURES FOR TNI BASE PASSES AND ACCESS:

Required Data to enter TNI Facility and Port: Upon award, contractor shall immediately provide the following:

(Access Passes (Military Base and other Controlled Areas)) Company Name:

Company POC Name:

POC Phone Number:

Any Drivers Names:

Drivers ID/DLN #:

Vehicle info: License Plate #:

LICENSES AND PERMITS:

Notwithstanding the requirements for other permits, insurances, and licenses required by statute or clause within this agreement, the contractor shall also be responsible for ensuring that the drivers and vehicles provided are properly licensed for the equipment operated and have appropriate permits for the cargo to be carried.

(i) Driver’s License

(ii) Service License

(iii) Insurance

(iv) Registrations

(v) Social Security Card

Note: For non-US citizens, he/she must apply for a social security card and provide a proof of a current lawful, work-authorized immigration status (i.e, work permit).

END OF STATEMENT OF WORK

SECTION G: CONTRACT ADMINISTRATION DATA.

ACCOUNTING AND APPROPRIATION DATA

AA: 021 202013D17 A82AE 121014XISQ S.0046521.5.3.1 252G 02100 11077417

AMOUNT: IDR 1,173,178,000

SECTION H: SPECIAL CONTRACT REQUIREMENTS.

CONTRACTING OFFICER AUTHORITY:

Changes cannot be made to the terms and conditions of this contract without explicit written authorization of the Contracting Officer. In the event the Contractor or his employee affects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been without authority and no adjustment will be made in the contract price.

ELECTRONIC COMMERCE:

In accordance with the FAR Part 2 "electronic commerce" definition and FAR Subparagraph

4.502 (Electronic Commerce in Contracting Policy), the Contractor shall communicate with the Government utilizing electronic mail.

PAYMENT:

The disbursing office will make payment using electronic funds transfer.

INVOICING INSTRUCTIONS (FOR CONTRACTOR):

Contractor must submit invoices to the Contracting Officer at the address provided at block 9 of the SF1449 (page 1 of this contract). Failure to submit an invoice to the contracting office may delay payment. Invoice items must match contract CLINs or invoice shall be returned to the contractor. At a minimum, invoices must contain the following information:

1. Name and Address of Contractor.

2. Invoice date and invoice number.

3. Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number). The contract number (for open market) is in block 2 and the purchase order number (for GSA) is located in block 4 on SF 1449.

4. Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed. Contractor must bill by contract line item (CLIN). The CLINs are located in the "Schedule of Supplies" on the SF 1449 Continuation Sheet. Each item ordered is assigned a four or six digit CLIN. Example: CLIN 0001 or 0002aa.

5. Total amount of payment demanded on the invoice.

6. Shipping number and date of shipment, including bill of lading number (as applicable).

7. Terms of any discount for prompt payment offered.

8. Name and address of Contractor official to whom payment is to be sent (must be same as that in the contract or in a proper notice of assignment).

9. Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

10. US Internal Revenue Service Taxpayer Identification Number (as applicable).

11. Electronic funds transfer (EFT) banking information.

RECEIVING REPORT INSTRUCTIONS (FOR REQUIRING ACTIVITY):

Attached is one copy of your purchase order for supplies or services. The unit receiving the supply or service is required to send the original receiving report to the Contracting Officer to ensure the contractor is paid in a timely manner. The unit shall complete and forward the receiving report within seven days of receipt of the supply or service. Failure to promptly pay the contractor may result in the unit paying additional interest payments along with the cost of the supplies or services The unit shall complete a DD Form 250, Material Inspection and Receiving Report, as the only form of receiving report (other methods, such as completing page 2 of the SF1449, will not be accepted). DD Form 250 is available on www.apd.army.mil. Blocks 15 through 20 should be identical to Schedule B (the list of supplies, typically page 2 of the contract). Ensure blocks 21b (check all boxes) and 22 are completed on the DD Form 250.

Receiving report assistance may be received from the Contracting Officer identified in block 9 of the SF1449 (page 1 of this contract).

PASSES:

ACCESS PASSES (MILITARY BASE AND OTHER CONTROLLED AREAS): The contractor shall be responsible for all coordination with the TNI authorities or other required authorities to obtain passes or other approval that provide appropriate access for his/her drivers and vehicles to the facilities or other controlled areas required for the performance of any duty/service herein.

Should the contractor have difficulty obtaining the necessary passes, they must contact the above Contracting Officer immediately. Delay of entry due to improper credentials shall not alleviate the contractor’s responsibility to meet agreed deadlines and/or delivery dates.

LICENSES AND PERMITS:

Notwithstanding the requirements for other permits, insurances, and licenses required by statute or clause within this agreement, the contractor shall also be responsible for ensuring that the drivers and vehicles provided are properly licensed for the equipment operated and have appropriate permits for the cargo to be carried.

(i) Driver’s License

(ii) Service License

(iii) Insurance

(iv) Registrations

(v) Social Security Card

Note: For non-US citizens, he/she must apply for a social security card and provide a proof of a current lawful, work-authorized immigration status (i.e, work permit).

PICK-UP/REMOVAL OF SUPPLIES AND EQUIPMENT UPON COMPLETION OF

PERFORMANCE:

The contractor shall be responsible for the pick-up and removal of all supplies and equipment relating to the performance under each contract immediately upon the end of performance as specified by the end date specified on the Purchase Order. Unless otherwise specified in the Purchase Order, the period of performance ends at 1700 hours on the end date specified. The U.S. Government assumes no liability for the damage, loss, or theft of contracted supplies or equipment after the period of performance ends.

CONTRACTUAL RELATIONSHIPS:

The contractor’s personnel shall be under the supervision of the contractor and not under the supervision of the government or any of its officers or employees. Discrepancies or non-compliance with the contract clauses, specifications, or Statement of Work will be brought to the attention of the contractor’s on-site supervisor, or person in charge, and reported to the contracting officer for necessary corrective action. Uncorrected deficiencies may result in Termination for Default. Conversely, only the contracting officer identified above, are authorized to commit the U.S. Government for any costs/pricing and/or changes in accordance with FAR 52.212-4. Actions taken by the contractor, or its employees, resulting from direction of an unauthorized individual may not be paid under this agreement.

REMOVAL OF CONTRACTOR’S EMPLOYEES:

If awarded the contract, the contractor agrees to utilize only experienced, responsible, and capable personnel in the performance of the work. The contracting officer may require that the contractor remove employees who endanger persons or property, or whose continued employment under this contract is inconsistent with military security posture, the terms of this contract, or the interest of the United States Army and/or United States government.

(End of Addendum)

CONTACT INFORMATON:

FOR ISSUES OR QUESTIONS CONCERNING THIS SOLICITATION AND/OR AWARD,

CONTACT THE FOLLOWING:

POC INFORMATION

SECTION I: CONTRACT CLAUSES.

CLAUSES INCORPORATED BY REFERENCE

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations NOV 2015 52.222-50 Combating Trafficking in Persons MAR 2015 52.222-50 Alt I Combating Trafficking in Persons (MAR 2015) Alternate I MAR 2015 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-32 Performance-Based Payments APR 2012 52.232-33 Payment by Electronic Funds Transfer--System for Award Management JUL 2013 52.232-36 Payment by Third Party MAY 2014 52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.225-7041 Correspondence in English JUN 1997 252.225-7042 Authorization to Perform APR 2003 252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997 252.229-7001 Tax Relief SEP 2014 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports JUN 2012 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

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (JAN 2017)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post- acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by

EFT.

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

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and

(9) the specification.

(t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of- name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti- Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an ``I agree'' click box or other comparable mechanism (e.g.,``click-wrap'' or ``browse-wrap'' agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

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

(End of Clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

____ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109- 282) (31 U.S.C. 6101 note).

____ (5) [Reserved]

____ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

____ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

____ (8) 52.209-6, Protecting the Government's InterestWhen Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41U.S.C. 2313).

____ (10) [Reserved]

____ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

____ (ii) Alternate I (NOV 2011) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved]

____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (Nov 2016) of 52.219-9.

____ (iii) Alternate II (Nov 2016) of 52.219-9.

____ (iv) Alternate III (Nov 2016) of 52.219-9.

____ (v) Alternate IV (Nov 2016) of 52.219-9.

____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

____ (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

____ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

____ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

____ (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Oct 2016) (E.O.

13126).

____ (27) 52.222-21, Prohibition of…