W912PA19D0002_released.pdf

SEE ADDENDUM

(No Collect Calls)

W912PA19Q0001 08-Feb-2019

b. TELEPHONE NUMBER

+3227179613

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 11 Mar 2019

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.022437877

W912PA9. ISSUED BY

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

W912PA19D0002 01-May-2019

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

GENEVIEVE PEIFFER

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SEE SCHEDULE

ARE NOT ATTACHED

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

Gary Newton / Contracting Officer

EUR212,581.50

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: SEE SCHEDULE

.08-Mar-2019 YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN W912PA19Q0001

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE B3778 FACILITY

OFFEROR CODE

RCO BENELUX

LEUVENSESTEENWEG 13

1932 SINT-STEVENS-WOLUWE

BELGIUM

ACTIVA SA

CARINE LOOS

RUE CARLI 13

1140 BRUXELLES

BELGIUM

266 FI CTR ADV MGT CTR

BENELUX FINANCE OFFICE

RUE DE L'ESCAUT, BLDG 212

7010 SHAPE (CASTEAU)

BELGIUM

18a. PAYMENT WILL BE MADE BY CODE W56FJX

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

W912PACODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

RCO BENELUX

GENEVIEVE PEIFFER

32-2-7179613

LEUVENSESTEENWEG 13

1932 SINT-STEVENS-WOLUWE

BELGIUM

00-32-2-7179610FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$18,000,000

NAICS:

561720

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

X

EMAIL: gary.p.newton.civ@mail.mil

32-2-7179622TEL:

31c. DATE SIGNED

11-Apr-2019

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF48

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912PA19D0002

Section SF 1449 - CONTINUATION SHEET

DESCRIPTION

GENERAL INFORMATION

Custodial services at US Army Garrison (USAG) Benelux-Brussels and Brussels Health Clinic (BHC) in accordance with the attached Performance Work Statement (PWS).

WIDE AREA WORKFLOW (WAWF) SYSTEM

Payment for this acquisition will be made through the Wide Area Workflow (WAWF) system. Contractors shall be registered in WAWF. See web site https://wawf.eb.mil for registration. Additional WAWF information is included in FAR Clauses 252.232-7003 & 252.232-7006

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 12 Months EUR8,118.60 EUR97,423.20 Regular Cleaning - Brussels Main

FFP

Leuvensesteenweg 11-13, 1932 Zaventem Regular cleaning building #1, #2, #3, #4 and Guard Sheds Reference: Para 5.2 of PWS

BASE YEAR: 01 May 2019 through 30 April 2020 FOB: Destination

PURCHASE REQUEST NUMBER: 0011202770-0001

PSC CD: S201

MAX

NET AMT

EUR97,423.20

UNIT UNIT PRICE MAX AMOUNT

0002 12 Months EUR1,152.70 EUR13,832.40 Regular Cleaning - Fitness

FFP

Brussels Main, Leuvensesteenweg 11-13, 1932 Zaventem Regular cleaning building # 3 Fitness Reference: Para 5.2 of PWS

BASE YEAR: 01 May 2019 through 30 April 2020 FOB: Destination

EUR13,832.40

UNIT UNIT PRICE MAX AMOUNT

0003 2 Job EUR109.75 EUR219.50 On Demand Wash interior glass

FFP

Brussels Main, Leuvensesteenweg 11-13, 1932 Zaventem On Demand Wash Interior Glass building # 1, # 2, #3, #4 Reference: Para 5.2 of PWS

BASE YEAR: 01 May 2019 through 30 April 2020 FOB: Destination

EUR219.50

UNIT UNIT PRICE MAX AMOUNT

0004 2 Job EUR1,961.80 EUR3,923.60 On Demand Wash exterior glass

FFP

Brussels Main, Leuvensesteenweg 11-13, 1932 Zaventem On Demand Wash Exterior Glass building # 1, #2, #3, #4, and Guard Sheds Reference: Para 5.2 of PWS

BASE YEAR: 01 May 2019 through 30 April 2020 FOB: Destination

EUR3,923.60

UNIT UNIT PRICE MAX AMOUNT

0005 12 Months EUR1,049.60 EUR12,595.20 Regular Cleaning - Sterrebeelk Annex

FFP

Sterrebeek Annex, Kennedylaan 10, 1933 Zaventem Regular Cleaning building # 80017, 80008, 80010, and Guard sheds Reference: Para 5.2 of PWS

BASE YEAR: 01 May 2019 through 30 April 2020 FOB: Destination

EUR12,595.20

UNIT UNIT PRICE MAX AMOUNT

0006 12 Months EUR4,349.30 EUR52,191.60 Regular Cleaning - CYS

FFP

Sterrebeek Annex, Kennedylaan 10, 1933 Zaventem Regular Cleaning building # 80015 (CDC/CYS) Reference: Para 5.2 of PWS

BASE YEAR: 01 May 2019 through 30 April 2020 FOB: Destination

EUR52,191.60

UNIT UNIT PRICE MAX AMOUNT

0007 2 Job EUR2,486.20 EUR4,972.40 On Demand Wash interior glass - SA

FFP

Sterrebeek Annex (SA), Kennedylaan 10, 1933 Zaventem On Demand Wash Interior Glass building 80008, 80010, 80017 Reference: Para 5.2 of PWS

BASE YEAR: 01 May 2019 through 30 April 2020 FOB: Destination

EUR4,972.40

UNIT UNIT PRICE MAX AMOUNT

0008 2 Job EUR1,417.20 EUR2,834.40 On Demand Wash exterior glass - SA

FFP

Sterrebeek Annex (SA), Kennedylaan 10, 1933 Zaventem On Demand Wash Exterior Glass building 80008, 80010, 80017 Reference: Para 5.2 of PWS

BASE YEAR: 01 May 2019 through 30 April 2020 FOB: Destination

EUR2,834.40

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0009 12 Months EUR2,049.10 EUR24,589.20 Custodial Services - BHC

FFP

Brussels Health Clinic (BHC), Building # 80011, J.F. Kennedylaan 10, 1933 Sterrebeek Reference: Para 5.2 of PWS

BASE YEAR: 01 May 2019 through 30 April 2020 FOB: Destination

PURCHASE REQUEST NUMBER: 0011260983

NET AMT EUR24,589.20

UNIT UNIT PRICE MAX AMOUNT

1001 12 Months EUR8,175.45 EUR98,105.40 OPTION Regular Cleaning - Brussels Main

FFP

Leuvensesteenweg 11-13, 1932 Zaventem Regular cleaning building #1, #2, #3, #4 and Guard Sheds Reference: Para 5.2 of PWS

FIRST OPTION YEAR: 01 May 2020 through 30 April 2021

EUR98,105.40

UNIT UNIT PRICE MAX AMOUNT

1002 12 Months EUR1,160.76 EUR13,929.12 OPTION Regular Cleaning - Fitness

FFP

Brussels Main, Leuvensesteenweg 11-13, 1932 Zaventem Regular cleaning building # 3 Fitness Reference: Para 5.2 of PWS

FIRST OPTION YEAR: 01 May 2020 through 30 April 2021

EUR13,929.12

UNIT UNIT PRICE MAX AMOUNT

1003 2 Job EUR110.51 EUR221.02 OPTION On Demand Wash interior glass

FFP

Brussels Main, Leuvensesteenweg 11-13, 1932 Zaventem On Demand Wash Interior Glass building # 1, # 2, #3, #4 Reference: Para 5.2 of PWS

FIRST OPTION YEAR: 01 May 2020 through 30 April 2021

EUR221.02

UNIT UNIT PRICE MAX AMOUNT

1004 2 Job EUR1,975.51 EUR3,951.02 OPTION On Demand Wash exterior glass

FFP

Brussels Main, Leuvensesteenweg 11-13, 1932 Zaventem On Demand Wash Exterior Glass building # 1, #2, #3, #4, and Guard Sheds Reference: Para 5.2 of PWS

FIRST OPTION YEAR: 01 May 2020 through 30 April 2021

EUR3,951.02

UNIT UNIT PRICE MAX AMOUNT

1005 12 Months EUR1,056.97 EUR12,683.64 OPTION Regular Cleaning - Sterrebeelk Annex

FFP

Sterrebeek Annex, Kennedylaan 10, 1933 Zaventem Regular Cleaning building # 80017, 80008, 80010, and Guard sheds Reference: Para 5.2 of PWS

FIRST OPTION YEAR: 01 May 2020 through 30 April 2021

EUR12,683.64

UNIT UNIT PRICE MAX AMOUNT

1006 12 Months EUR4,379.71 EUR52,556.52 OPTION Regular Cleaning - CYS

FFP

Sterrebeek Annex, Kennedylaan 10, 1933 Zaventem Regular Cleaning building # 80015 (CDC/CYS) Reference: Para 5.2 of PWS

FIRST OPTION YEAR: 01 May 2020 through 30 April 2021

EUR52,556.52

UNIT UNIT PRICE MAX AMOUNT

1007 2 Job EUR2,503.63 EUR5,007.26 OPTION On Demand Wash interior glass - SA

FFP

Sterrebeek Annex (SA), Kennedylaan 10, 1933 Zaventem On Demand Wash Interior Glass building 80008, 80010, 80017 Reference: Para 5.2 of PWS

FIRST OPTION YEAR: 01 May 2020 through 30 April 2021

EUR5,007.26

UNIT UNIT PRICE MAX AMOUNT

1008 2 Job EUR1,427.12 EUR2,854.24 OPTION On Demand Wash exterior glass - SA

FFP

Sterrebeek Annex (SA), Kennedylaan 10, 1933 Zaventem On Demand Wash Exterior Glass building 80008, 80010, 80017 Reference: Para 5.2 of PWS

FIRST OPTION YEAR: 01 May 2020 through 30 April 2021

EUR2,854.24

1009 12 Months EUR2,063.42 EUR24,761.04 OPTION Custodial Services - BHC

FFP

Brussels Health Clinic (BHC), Building # 80011, J.F. Kennedylaan 10, 1933 Sterrebeek Reference: Para 5.2 of PWS

FIRST OPTION YEAR: 01 May 2020 through 30 April 2021

NET AMT EUR24,761.04

UNIT UNIT PRICE MAX AMOUNT

2001 12 Months EUR8,240.85 EUR98,890.20 OPTION Regular Cleaning - Brussels Main

FFP

Leuvensesteenweg 11-13, 1932 Zaventem Regular cleaning building #1, #2, #3, #4 and Guard Sheds Reference: Para 5.2 of PWS

SECOND OPTION YEAR: 01 May 2021 through 30 April 2022

EUR98,890.20

UNIT UNIT PRICE MAX AMOUNT

2002 12 Months EUR1,170.05 EUR14,040.60 OPTION Regular Cleaning - Fitness

FFP

Brussels Main, Leuvensesteenweg 11-13, 1932 Zaventem Regular cleaning building # 3 Fitness Reference: Para 5.2 of PWS

SECOND OPTION YEAR: 01 May 2021 through 30 April 2022

EUR14,040.60

UNIT UNIT PRICE MAX AMOUNT

2003 2 Job EUR111.39 EUR222.78 OPTION On Demand Wash interior glass

FFP

Brussels Main, Leuvensesteenweg 11-13, 1932 Zaventem On Demand Wash Interior Glass building # 1, # 2, #3, #4 Reference: Para 5.2 of PWS

SECOND OPTION YEAR: 01 May 2021 through 30 April 2022

EUR222.78

UNIT UNIT PRICE MAX AMOUNT

2004 2 Job EUR1,991.32 EUR3,982.64 OPTION On Demand Wash exterior glass

FFP

Brussels Main, Leuvensesteenweg 11-13, 1932 Zaventem On Demand Wash Exterior Glass building # 1, #2, #3, #4, and Guard Sheds Reference: Para 5.2 of PWS

SECOND OPTION YEAR: 01 May 2021 through 30 April 2022

EUR3,982.64

UNIT UNIT PRICE MAX AMOUNT

2005 12 Months EUR1,065.43 EUR12,785.16 OPTION Regular Cleaning - Sterrebeelk Annex

FFP

Sterrebeek Annex, Kennedylaan 10, 1933 Zaventem Regular Cleaning building # 80017, 80008, 80010, and Guard sheds Reference: Para 5.2 of PWS

SECOND OPTION YEAR: 01 May 2021 through 30 April 2022

EUR12,785.16

UNIT UNIT PRICE MAX AMOUNT

2006 12 Months EUR4,414.74 EUR52,976.88 OPTION Regular Cleaning - CYS

FFP

Sterrebeek Annex, Kennedylaan 10, 1933 Zaventem Regular Cleaning building # 80015 (CDC/CYS) Reference: Para 5.2 of PWS

SECOND OPTION YEAR: 01 May 2021 through 30 April 2022

EUR52,976.88

UNIT UNIT PRICE MAX AMOUNT

2007 2 Job EUR2,523.66 EUR5,047.32 OPTION On Demand Wash interior glass - SA

FFP

Sterrebeek Annex (SA), Kennedylaan 10, 1933 Zaventem On Demand Wash Interior Glass building 80008, 80010, 80017 Reference: Para 5.2 of PWS

SECOND OPTION YEAR: 01 May 2021 through 30 April 2022

EUR5,047.32

UNIT UNIT PRICE MAX AMOUNT

2008 2 Job EUR1,437.54 EUR2,875.08 OPTION On Demand Wash exterior glass - SA

FFP

Sterrebeek Annex (SA), Kennedylaan 10, 1933 Zaventem On Demand Wash Exterior Glass building 80008, 80010, 80017 Reference: Para 5.2 of PWS

SECOND OPTION YEAR: 01 May 2021 through 30 April 2022

EUR2,875.08

2009 12 Months EUR2,079.92 EUR24,959.04 OPTION Custodial Services - BHC

FFP

Brussels Health Clinic (BHC), Building # 80011, J.F. Kennedylaan 10, 1933 Sterrebeek Reference: Para 5.2 of PWS

SECOND OPTION YEAR: 01 May 2021 through 30 April 2022

NET AMT EUR24,959.04

UNIT UNIT PRICE MAX AMOUNT

3001 12 Months EUR8,323.26 EUR99,879.12 OPTION Regular Cleaning - Brussels Main

FFP

Leuvensesteenweg 11-13, 1932 Zaventem Regular cleaning building #1, #2, #3, #4 and Guard Sheds Reference: Para 5.2 of PWS

THIRD OPTION YEAR: 01 May 2022 through 30 April 2023

EUR99,879.12

UNIT UNIT PRICE MAX AMOUNT

3002 12 Months EUR1,181.75 EUR14,181.00 OPTION Regular Cleaning - Fitness

FFP

Brussels Main, Leuvensesteenweg 11-13, 1932 Zaventem Regular cleaning building # 3 Fitness Reference: Para 5.2 of PWS

THIRD OPTION YEAR: 01 May 2022 through 30 April 2023

EUR14,181.00

UNIT UNIT PRICE MAX AMOUNT

3003 2 Job EUR112.51 EUR225.02 OPTION On Demand Wash interior glass

FFP

Brussels Main, Leuvensesteenweg 11-13, 1932 Zaventem On Demand Wash Interior Glass building # 1, # 2, #3, #4 Reference: Para 5.2 of PWS

THIRD OPTION YEAR: 01 May 2022 through 30 April 2023

EUR225.02

UNIT UNIT PRICE MAX AMOUNT

3004 2 Job EUR2,011.23 EUR4,022.46 OPTION On Demand Wash exterior glass

FFP

Brussels Main, Leuvensesteenweg 11-13, 1932 Zaventem On Demand Wash Exterior Glass building # 1, #2, #3, #4, and Guard Sheds Reference: Para 5.2 of PWS

THIRD OPTION YEAR: 01 May 2022 through 30 April 2023

EUR4,022.46

UNIT UNIT PRICE MAX AMOUNT

3005 12 Months EUR1,076.08 EUR12,912.96 OPTION Regular Cleaning - Sterrebeelk Annex

FFP

Sterrebeek Annex, Kennedylaan 10, 1933 Zaventem Regular Cleaning building # 80017, 80008, 80010, and Guard sheds Reference: Para 5.2 of PWS

THIRD OPTION YEAR: 01 May 2022 through 30 April 2023

EUR12,912.96

UNIT UNIT PRICE MAX AMOUNT

3006 12 Months EUR4,458.89 EUR53,506.68 OPTION Regular Cleaning - CYS

FFP

Sterrebeek Annex, Kennedylaan 10, 1933 Zaventem Regular Cleaning building # 80015 (CDC/CYS) Reference: Para 5.2 of PWS

THIRD OPTION YEAR: 01 May 2022 through 30 April 2023

EUR53,506.68

UNIT UNIT PRICE MAX AMOUNT

3007 2 Job EUR2,548.89 EUR5,097.78 OPTION On Demand Wash interior glass - SA

FFP

Sterrebeek Annex (SA), Kennedylaan 10, 1933 Zaventem On Demand Wash Interior Glass building 80008, 80010, 80017 Reference: Para 5.2 of PWS

THIRD OPTION YEAR: 01 May 2022 through 30 April 2023

EUR5,097.78

UNIT UNIT PRICE MAX AMOUNT

3008 2 Job EUR1,452.93 EUR2,905.86 OPTION On Demand Wash exterior glass - SA

FFP

Sterrebeek Annex (SA), Kennedylaan 10, 1933 Zaventem On Demand Wash Exterior Glass building 80008, 80010, 80017 Reference: Para 5.2 of PWS

THIRD OPTION YEAR: 01 May 2022 through 30 April 2023

EUR2,905.86

3009 12 Months EUR2,100.72 EUR25,208.64 OPTION Custodial Services - BHC

FFP

Brussels Health Clinic (BHC), Building # 80011, J.F. Kennedylaan 10, 1933 Sterrebeek Reference: Para 5.2 of PWS

THIRD OPTION YEAR: 01 May 2022 through 30 April 2023

NET AMT EUR25,208.64

UNIT UNIT PRICE MAX AMOUNT

7500 1 Each NSP Contractor Manpower Reporting

FFP

Contractor shall set up and report IAW Part 5, paragraph 5.4 of the PWS entitled "Enterprise-Wide Contractor manpower Reporting Application (eCMRA)". Note that reporting is due NLT 31 OCT 19. When completing CMR, use Command:

US Army Installation Management; Country: Belgium; Description: USAG Benelux-Brussels; UIC: W6LEAA. Note: The offeror is not required to enter a separate price for this item, the cost for reporting can be recovered in the prices of the other services. If not separately priced, the offeror should enter "NSP" (Not separately priced) in lieu of a price. No entry in the space provided at the CLIN will be considered "NSP".

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

7501 1 Each NSP OPTION Contractor Manpower Reporting

FFP

Contractor shall set up and report IAW Part 5, paragraph 5.4 of the PWS entitled "Enterprise-Wide Contractor manpower Reporting Application (eCMRA)". Note that reporting is due NLT 31 OCT 20. When completing CMR, use Command:

US Army Installation Management; Country: Belgium; Description: USAG Benelux-Brussels; UIC: W6LEAA. Note: The offeror is not required to enter a separate price for this item, the cost for reporting can be recovered in the prices of the other services. If not separately priced, the offeror should enter "NSP" (Not separately priced) in lieu of a price. No entry in the space provided at the CLIN will be considered "NSP".

UNIT UNIT PRICE MAX AMOUNT

7502 1 Each NSP OPTION Contractor Manpower Reporting

FFP

Contractor shall set up and report IAW Part 5, paragraph 5.4 of the PWS entitled "Enterprise-Wide Contractor manpower Reporting Application (eCMRA)". Note that reporting is due NLT 31 OCT 21. When completing CMR, use Command:

US Army Installation Management; Country: Belgium; Description: USAG Benelux-Brussels; UIC: W6LEAA. Note: The offeror is not required to enter a separate price for this item, the cost for reporting can be recovered in the prices of the other services. If not separately priced, the offeror should enter "NSP" (Not separately priced) in lieu of a price. No entry in the space provided at the CLIN will be considered "NSP".

UNIT UNIT PRICE MAX AMOUNT

7503 1 Each NSP OPTION Contractor Manpower Reporting

FFP

Contractor shall set up and report IAW Part 5, paragraph 5.4 of the PWS entitled "Enterprise-Wide Contractor manpower Reporting Application (eCMRA)". Note that reporting is due NLT 31 OCT 22. When completing CMR, use Command:

US Army Installation Management; Country: Belgium; Description: USAG Benelux-Brussels; UIC: W6LEAA. Note: The offeror is not required to enter a separate price for this item, the cost for reporting can be recovered in the prices of the other services. If not separately priced, the offeror should enter "NSP" (Not separately priced) in lieu of a price. No entry in the space provided at the CLIN will be considered "NSP".

UNIT UNIT PRICE MAX AMOUNT

7504 1 Each NSP OPTION Contractor Manpower Reporting

FFP

Contractor shall set up and report IAW Part 5, paragraph 5.4 of the PWS entitled "Enterprise-Wide Contractor manpower Reporting Application (eCMRA)". Note that reporting is due NLT 31 MAY 23. When completing CMR, use Command:

US Army Installation Management; Country: Belgium; Description: USAG Benelux-Brussels; UIC: W6LEAA. Note: The offeror is not required to enter a separate price for this item, the cost for reporting can be recovered in the prices of the other services. If not separately priced, the offeror should enter "NSP" (Not separately priced) in lieu of a price. No entry in the space provided at the CLIN will be considered "NSP".

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

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

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$5,000.00 $1,200,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

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

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

$5,000.00 $300,000.00

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

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

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

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 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 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 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 7500 Destination Government Destination Government 7501 Destination Government Destination Government 7502 Destination Government Destination Government 7503 Destination Government Destination Government 7504 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-MAY-2019 TO

30-APR-2020

N/A US MILITARY FORCE - USAG BENELUX -

BRUSS

KAREL PAUWELS

DPW -O&M

LEUVENSESTEENWEG 13

1932 SINT-STEVENS-WOLUWE

BELGIUM

02 / 717 97 58

WK3E47

0002 POP 01-MAY-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-MAY-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-MAY-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 01-MAY-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 01-MAY-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 01-MAY-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 01-MAY-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0009 POP 01-MAY-2019 TO

N/A BRUSSELS HEALTH CLINIC

VALERIE DUSAUSOIT

12 J.F. KENNEDYLAAN

1933 STERREBEEK

BELGIUM

++32 (0)65 32 5226

W812BX

1001 POP 01-MAY-2020 TO

30-APR-2021

N/A US MILITARY FORCE - USAG BENELUX -

BRUSS

KAREL PAUWELS

DPW -O&M

LEUVENSESTEENWEG 13

1932 SINT-STEVENS-WOLUWE

BELGIUM

02 / 717 97 58

1002 POP 01-MAY-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-MAY-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 01-MAY-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

1005 POP 01-MAY-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

1006 POP 01-MAY-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

1007 POP 01-MAY-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

1008 POP 01-MAY-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

1009 POP 01-MAY-2020 TO

N/A BRUSSELS HEALTH CLINIC

VALERIE DUSAUSOIT

12 J.F. KENNEDYLAAN

1933 STERREBEEK

BELGIUM

++32 (0)65 32 5226

2001 POP 01-MAY-2021 TO

30-APR-2022

N/A US MILITARY FORCE - USAG BENELUX -

BRUSS

KAREL PAUWELS

DPW -O&M

LEUVENSESTEENWEG 13

1932 SINT-STEVENS-WOLUWE

BELGIUM

02 / 717 97 58

2002 POP 01-MAY-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 01-MAY-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 01-MAY-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

2005 POP 01-MAY-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

2006 POP 01-MAY-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

2007 POP 01-MAY-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

2008 POP 01-MAY-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

2009 POP 01-MAY-2021 TO

N/A BRUSSELS HEALTH CLINIC

VALERIE DUSAUSOIT

12 J.F. KENNEDYLAAN

1933 STERREBEEK

BELGIUM

++32 (0)65 32 5226

3001 POP 01-MAY-2022 TO

30-APR-2023

N/A US MILITARY FORCE - USAG BENELUX -

BRUSS

KAREL PAUWELS

DPW -O&M

LEUVENSESTEENWEG 13

1932 SINT-STEVENS-WOLUWE

BELGIUM

02 / 717 97 58

3002 POP 01-MAY-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 01-MAY-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 01-MAY-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

3005 POP 01-MAY-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

3006 POP 01-MAY-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

3007 POP 01-MAY-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

3008 POP 01-MAY-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

3009 POP 01-MAY-2022 TO

N/A BRUSSELS HEALTH CLINIC

VALERIE DUSAUSOIT

12 J.F. KENNEDYLAAN

1933 STERREBEEK

BELGIUM

++32 (0)65 32 5226

7500 POP 01-MAY-2019 TO

30-SEP-2019

N/A US MILITARY FORCE - USAG BENELUX -

BRUSS

KAREL PAUWELS

DPW -O&M

LEUVENSESTEENWEG 13

1932 SINT-STEVENS-WOLUWE

BELGIUM

02 / 717 97 58

7501 POP 01-OCT-2019 TO

30-SEP-2020

N/A (SAME AS PREVIOUS LOCATION)

7502 POP 01-OCT-2020 TO

30-SEP-2021

N/A (SAME AS PREVIOUS LOCATION)

7503 POP 01-OCT-2021 TO

30-SEP-2022

N/A (SAME AS PREVIOUS LOCATION)

7504 POP 01-OCT-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

APR 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2018

52.204-19 Incorporation by Reference of Representations and Certifications.

DEC 2014

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2018 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013

52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-3 Protest After Award AUG 1996 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions OCT 2005 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

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

MAY 2016

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

OCT 2015

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7041 Correspondence in English JUN 1997 252.225-7048 Export-Controlled Items JUN 2013 252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (OCT 2018)

(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 Governmentwide 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) Reserved.

(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)

ADDENDUM TO FAR 52.212-4

FAR 52.212-4 is hereby tailored as follows :

a. The following is added to Subparagraph (a), Inspection and Acceptance :

Any inspection by the Government which is required under this contract shall be performed by the COR (Contracting Officer’s Representative). The COR shall certify acceptance of services performed on contractor’s invoices.

Acceptance and inspection shall be performed at place of performance.

END OF ADDENDUM TO FAR 52.212-4

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2018-O0021) (OCT 2018)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services- Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of…