Solicitation_T-3078_Fire_System.pdf

SEE ADDENDUM

(No Collect Calls)

W912PB-15-T-3078 13-Aug-2015

b. TELEPHONE NUMBER

314.475.8710

8. OFFER DUE DATE/LOCAL TIME

12:00 AM 11 Sep 2015

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912PB9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

KINNEY JEREMY SSG

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.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0010663551-0001

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

ECC RCO BAVARIA

AMERIKANISCHE BESCHAFFUNGSSTELLE

GEB 542

92655 GRAFENWOEHR LAGER

GERMANY

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W907AW 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

USAG GRAFENWOEHR, DPW

140 GEBAEUDE NR.

92249 VILSECK

GERMANY

TEL: FAX:

FAX:

TEL: SEE NAME OF POC

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

922160

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF94

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.

Section SF 30 - BLOCK 14 CONTINUATION PAGE

INFORMATION TO OFFERORS

SOLICITATION INFORMATION AND INSTRUCTION

General Information:

Government Points of Contact:

RCO POC: Mr. Robert S. Belisle Contract Specialist:475-8714

TEL (09641-83-8714)

E-mail: robert.s.belisle2.civ@mail.mil

Customer POC: Mrs. Barbara Bosel Tel. 09662/83-2207, Fax /83-2657

DSN 476-2207, Fax /-2657 e-mail barbara.boesl1.ln@mail.mil

Short Description of Requirement: Fire extinguishing services at Rose Barracks, Tower Barracks, Hohenfels and Garmisch.

NOTE: ELIN Schedules for each location are embedded within the solicitation. Input prices on the ELIN

Schedules. Technical exhibits will not be embedded within the solicitation and will be posted to ASFI and

FBO.

Offers are due at the ISSUED-BY office, shown in block 8 as stated in the “OFFER DUE DATE” block on page 1 of this document. Local Time means Central European Time.

Offerors are responsible to provide their proposals to this office before the specified date and time.

Proposals will NOT be picked up by RCO personnel at the Gate. Offerors are encouraged to submit their offers via email. FAX submission is also authorized; however, offerors are responsible for ensuring that the offer is actually received by this office.

Courtesy Translation:

Anbieter sind verantwortlich, ihre Angebote vor dem angegebenen Zeitpunkt zu diesem Buero zu bringen.

Angebote werden NICHT an der Wache abgeholt. Anbieter sind aufgefordert, ihre Angebote via E-mail zu senden. FAX Uebermittlung ist moeglich, allerdings sind die Anbieter verantwortlich sicherzustellen, dass das Angebot von diesem Buero erhalten wurde.

NOTE: Please provide offers with only 2-digit decimals after the Comma. More than 2-digits will need to be shortened by this office.

US Companies are encouraged to provide US Dollar offers only as otherwise it may come to serious payment problems.

Please return only those pages where entries have been made.

Courtesy Translation: Bitte nur die Seiten zuruecksenden, auf denen Eintraege gemacht wurden.

ATTENTION:

Award of this contract will be LOW PRICE – TECHNICALLY ACCEPTABLE in accordance with FAR 12 pursuant to the award criteria stated in FAR clause 52.212-2. Since it is the Government’s intent to award without discussions, per FAR clause 52.212-1(g), offerors are cautioned to examine this solicitation in its entirety and to ensure that their proposal contains all necessary information, provides all required documentation, and is complete in all respects.

OFFERS IN THE ENGLISH LANGUAGE:

Offerors are required to provide their offers/comments in the English language. Non-compliance may result in rejection of offers.

Courtesy Translation:

Anbieter sind gehalten, ihre Angebote in englischer Sprache abzugeben. Nichtbeachtung kann zum Ausschluss des Angebotes fuehren.

Complete the following clauses:

FAR clause 52.212-3 (ALT I) “Offeror Representations and Certifications”

(This clause does not have to be completed if you have a active SAM registration)

DFARS clause 252.229-7001 “Tax Relief”

Complete pricing for each CLIN or Sub-CLIN as required without TAXES Including ALL shipping charges, FOB Destination to Germany.

Non-compliance may result in rejection of your offer.

Registration Instructions:

HOW TO REGISTER IN SYSTEM FOR AWARD MANAGEMENT (SAM)

In order to register, contractors must have a valid Data Universal Numbering System (DUNS) number and a Contractor and Government Entity (CAGE) code.

A DUNS number is a nine-digit number assigned by DUN and Bradstreet to an establishment, is the Contractor Identification Number for Federal contractors.

Foreign vendors can obtain the DUNS number from: http://www.dnbgermany.de/db-datenbank/d-u-n-s-nummer/

- US vendors can obtain the DUNS number from: http://fedgov.dnb.com/webform

A CAGE Code is a five (5) position unique identifier for entities doing or wishing to do business with the Federal Government. The format and character position of the code vary based on country.

German vendors can obtain their CAGE code by mailing to: logkdobwncbge@bundeswehr.org POC: Mr. Mueller Tel.: 02241-991643

All other foreign vendors can obtain their CAGE codes by reviewing the web site http://www.dlis.dla.mil/nato_poc.asp

US vendors can obtain the CAGE code from: http://www.dlis.dla.mil/cage_welcome.asp

How to register in SAM:

1. Go to the SAM homepage at https://www.sam.gov

2. Click on “Create an Account”.

3. Provide all mandatory information and any applicable optional information.

Non-US companies shall NOT incorporate any TIN numbers or banking data as they are applicable for the US banking system only.

Make sure that SAM states “SUBMITTED” as status. This means everything is completed and the data will be validated before becoming “active”. If a status of “WORK IN PROGRESS” is showing, this means that you have not completed everything yet.

For questions about the registration, click on SAM HELP.

Registration is only valid for one year. Several weeks before expiration, you will be notified by SAM in order to renew/update your registration.

German Version/Deutsche Version: (Courtesy Translation)

Um die SAM Registrierung zu erstellen, brauchen Sie eine D&B DUNS Nummer und einen NATO Cage Code

(NCAGE):

Fuer Deutschland: DUNS: http://www.upik.de/upik_anfrage.cgi Kundenservice: Tel.: 06151-1375789 Fax: 06151-1375675 Email: upik@dnbgermany.de

NATO Cage: LogKdo Brueckberg Kaserne, Luisenstr. 109 (Geb U9/Rm 204) 53721 Siegburg Hr. Mueller, Tel.: 02241- 991643

E-Mail: logkdobwncbge@bundeswehr.org

Fuer weitere Information, bitte unter http://www.dlis.dla.mil/nato_poc.asp nachsehen.

Wie man sich registriert:

1. Gehen zu der SAM Website://www.sam.gov

2. Clicken Sie auf “Create an Account”.

3. Wenn Sie aufgefordert werden, geben sie die DUNS Nummer ein und clicken auf “Submit”.

4. Stellen Sie alle vorgeschriebenen Informationen und alle anwendbaren wahlweise freigestellten Informationen zur Verfügung.

Nicht-US firmen duerfen KEINE Daten in die TIN (Steuernummer) oder Bankverbindungen eingeben da diese daten nur auf das US System abgestimmt sind.

Stellen Sie sicher dass SAM den Status „SUBMITTED“ anzeigt. Das bedeutet, dass alles vollstaendig ist und die daten validiert werden, bevor Ihre Registrierung „ACTIVE“ wird. Sollte der Status „WORK IN PROGRESS“ anzeigen, bedeutet das, dass nicht alles vervollstaendigt wurde.

Bei Fragen zwecks der Registrierung, gehen Sie bitte auf: SAM HELP, Die Registrierung ist nur 1 Jahr gueltig. Mehrere Wochen for Ablauf, werden Sie von SAM wegen Erneuerung/Update per e-mail erinnert.

INSTRUCTION TO VENDORS HOW TO REGISTER IN WIDE AREA WORKFLOW (WAWF)

What is WAWF? WAWF is a convenient online solution that allows vendors to electronically submit invoices and receiving reports; allows the Government to perform inspection and acceptance of goods and services, and interfaces with payment systems to receive transactions electronically.

With WAWF, vendors company can:

o Submit invoices and receiving reports real-time, directly via the Internet, or by using File Transfer Protocol or Direct Electronic Data Interchange.

o Be paid in a timelier fashion due to the reduction of lost or misplaced documents, and quicker document routing.

o Have total visibility of document status.

o Receive system-generated e-mails advising you of action taken by the government inspection and acceptance officials, or if an invoice is rejected.

ALL vendors are encouraged to register in WAWF in order to process invoices electronically.

In order to register as a Vendor in WAWF, the Cage Code must be loaded and activated first.

The Cage Code is listed on page 1 of the contract or must be already available if SAM registration has been made. Please don’t forget that the SAM Registration is only valid for one year and must be renewed annually.

The Electronic Business POC (EB POC) is listed in SAM.

The Vendor needs to either call the OGDEN Help Desk

- Commercial: 001-801-605-7095 or - send an email to: disa.ogden.esd.mbx.cscassig@mail.mil

Telephone requests will be activated online. Email requests will be processed within 48 hours after receipt.

Please use the following template to email requests to WAWF customer support and fill in missing information with your company information.

To: disa.ogden.esd.mbx.cscassig@mail.mil

Subject: WAWF Cage Code Activation.

Ogden support: Please activate the following CAGE CODE in WAWF.

1. Cage Code: 2. EB POC's Name:

3. EB POC's email: 4. EB POC's Phone Number

After cage code is activated in WAWF, you must register as a Group Administrator (GAM), the Vendor Role to process invoices will be added by the help desk (for GAM’s only).

The Group Administrator administered and activate/deactivate the Vendor WAWF user accounts. If the GAM is not the EBPOC, an Appointment Memo needs to be prepared, signed by the EBPOC and attached to the online registration.

Registration website: https://wawf.eb.mil/

Online training is available at: https://wawftraining.eb.mil

NOTE:

Before you submit your invoices via WAWF, please make sure, that the COR/POC is registered and activated in WAWF, otherwise your invoice will not be paid.

Also, if you need assistance in registering or training, please contact Ms. Christine Wenzl, Telephone: 09641- 83-7323 or Ms. Barbara Farago, Telephone: 09641-83-8479.

Step by Step screen shots for registering as GAM, Vendor, how to activate a Vendor Account as a GAM, how to process an invoice 2in1 (services only), a Combo (invoice for supply/equipment) and a construction invoice are available and can be requested by above stated personnel.

VENDOR REGISTRATION: GROUP ADMINISTRATOR

*indicates mandatory field

First Name* Last Name* Commercial Telephone*

Hans Mustermann 011 -49 – 9123 – 45678

Rank/Grade (Mandatory for Government users) Organization*

Hans Mustermann GmbH

E-mail Address* Confirm E-mail Address* hans.mustermann@mustermann.de hans.mustermann@mustermann.de Title*

(Director) Click on continue

Logon Method* (click on User ID and Password) click on continue

User ID* hansmustermann (self created) click on continue

User Profile click on edit and fill out all mandatory fields

User Authentication click on edit and assign your USER ID and password

User Security questions click on edit and choose your questions and answers

Administrative user roles click on add and select Group Administrator – Group name is your CAGE code – click on save

NOTE: It is mandatory for ALL vendors to have a Group Administrator (GAM) to provide user activation and maintenance for you company !! Instructions for the vendors are under box “New User?” click on “Vendor –

Getting Started Help” and “Step 6: Designate a Group Administrator (GAM) for your company. (Mandatory step – there must be a GAM registered).”

Verify if input is correct (if not, click on edit and change)

CLICK REGISTER

The Ogden Help Desk will activate the account and an email notification will be send. After activation the GAM is able to approve all other WAWF registrations from your company.

VENDOR REGISTRATION: VENDOR (process of invoices)

Registration process is the same as for the GAM, but instead of the Administrative user role - the Vendor User Role needs to be selected.

Vendor user Roles click on add and select Vendor – Location Code is your CAGE code – click save click on add again and select Vendor View Only – Location Cade is your CAGE code – click save

Verify if input is correct (if not, click on edit and change)

CLICK REGISTER

NOTE: The Group Administrator will receive an email that a new user registered. Account can be activated by the

GAM.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Vilseck Rose Barracks OMA Buildings

FFP

Maintenance, inspection and repair work at fire extinguisher systems at Vilseck

Rose Barracks for OMA Buildings IAW performance work statement. Use attached Vilseck ELIN Schedule to input prices.

FOB: Destination

PURCHASE REQUEST NUMBER: 0010663551-0001

NET AMT

0002 1 Job Vilseck Rose Barracks AFH Buildings

FFP

Maintenance, inspection and repair work at fire extinguisher systems at Vilseck

Rose Barracks for AFH Buildings IAW performance work statement. Use attached

Vilseck ELIN Schedule to input prices.

0003 1 Job Grafenwoehr Tower Barracks OMA Buildings

FFP

Maintenance, inspection and repair work at fire extinguisher systems at

Grafenwoehr Tower Barracks for OMA Buildings IAW performance work statement. Use attached Grafenwoehr ELN Schedule to input prices.

0004 1 Job Grafenwoehr Tower Barracks AFH Buildings

FFP

Maintenance, inspection and repair work at fire extinguisher systems at

Grafenwoehr Tower Barracks for AFH Buildings IAW performance work statement. Use attached Grafenwoehr ELN Schedule to input prices.

0005 1 Job Hohenfels OMA Buildings

FFP

Maintenance, inspection and repair work at fire extinguisher systems at Hohenfels for OMA Buildings IAW performance work statement. Use attached Hohenfels

ELN Schedule to input prices.

0006 1 Job Hohenfels AFH Buildings

FFP

Maintenance, inspection and repair work at fire extinguisher systems at Hohenfels for AFH Buildings IAW performance work statement. Use attached Hohenfels

ELN Schedule to input prices.

0007 1 Job Garmisch-Partenkirchen OMA Buildings

FFP

Maintenance, inspection and repair work at fire extinguisher systems at Garmisch-

Partenkirchen for OMA Buildings IAW performance work statement. Use attached Garmisch ELIN schedule to input prices.

0008 1 Job Garmisch-Partenkrichen AFH Buildings

FFP

Maintenance, inspection and repair work at fire extinguisher systems at Garmisch-

Partenkirchen for AFH Buildings IAW performance work statement. Use attached

Garmisch ELIN schedule to input prices.

7500 1 Each

CONTRACTOR MANPOWER REPORTING

FFP

As prescribed in attached Performance Work Statement (PWS).

Assistance with data input should be directed to the Requiring Activity, identified herein.

THE REPORT(S) MUST BE COMPLETED BY 31 OCTOBER OF EACH

CALENDAR YEAR.

This CLIN is "NOT SEPARATELY PRICED". The Contractor shall incorporate pricing for this CLIN into the other Line Items for the initial and any possible option periods.

Unit Identification Code (UIC):

Grafenwoehr and Vilseck: W6FMAA

Hohenfels: W6FNAA Garmisch:

W6LGAA Product Service

Code (PSC): J042

(also called FSC, but this is wrong as FSC stands for “Federal SUPPLY Code”)

7501 1 Each

CONTRACTOR MANPOWER REPORTING

FFP

SAME TEXT AS IN CLIN 7500

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.204-7 System for Award Management JUL 2013

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

AUG 2013

52.212-1 Instructions to Offerors--Commercial Items APR 2014

52.212-4 Contract Terms and Conditions--Commercial Items DEC 2014

52.222-50 Combating Trafficking in Persons MAR 2015

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

DEC 2012

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

52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.233-2 Service Of Protest SEP 2006

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995

252.201-7000 Contracting Officer's Representative DEC 1991

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

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7002 Payment For Subline Items Not Separately Priced DEC 1991

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A System for Award Management Alternate A FEB 2014

252.204-7012 Safeguarding of Unclassified Controlled Technical

Information

NOV 2013

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of

Terrorism

DEC 2014

252.215-7007 Notice of Intent to Resolicit JUN 2012

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

252.225-7005 Identification Of Expenditures In The United States JUN 2005

252.225-7012 Preference For Certain Domestic Commodities FEB 2013

252.225-7041 Correspondence in English JUN 1997

252.225-7048 Export-Controlled Items JUN 2013

252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997

252.229-7002 Customs Exemptions (Germany) JUN 1997

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7008 Assignment of Claims (Overseas) JUN 1997

252.232-7010 Levies on Contract Payments DEC 2006

252.232-7010 Levies on Contract Payments DEC 2006

252.233-7001 Choice of Law (Overseas) JUN 1997

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

252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent

Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

a. The Government will award only one contract on a Lowest Price Technically Acceptable basis resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following evaluation factors, and associated subfactors, shall be used to evaluate offers:

1. Technical

Subfactor 1- Certification

Subfactor 2- Personnel staffing

2. Past Performance

3. Price

GENERAL INFORMATION:

Evaluation factors represent those specific characteristics that are tied to significant solicitation requirements.

They are the uniform baseline against which each offeror’s proposal is evaluated allowing the Government to make a determination of acceptability. The evaluation factors are the primary determinant of the detailed information requested in the solicitation’s instructions to offerors. The evaluation factors other than price will be evaluated on an “acceptable” or “unacceptable” basis, and will identify the minimum requirements that are instrumental to successful contract performance.

Acceptability of product or service. The acceptability of product or service is addressed through consideration of one or more non-price evaluation factors. This is done through the establishment of minimum requirements to be evaluated on an “acceptable” or “unacceptable” basis. In order to be considered awardable, there must be an

“acceptable” rating in every non-price factor. The government intends to award a single contract to the lowest priced acceptable offerror.

Technical factors refer to evaluation factors, other than past performance and price, which are used to assess the offeror’s proposal will satisfy the Government’s minimum requirements. Each proposal shall be evaluated against the solicitation requirements to determine whether the proposal is acceptable or unacceptable, using the ratings and descriptions outlined below.

The past performance evaluation is an assessment of the offeror’s probability of meeting the minimum past performance solicitation requirements. This assessment is based on the offeror’s record of relevant and recent past performance information that pertain to the products and/or services outlined in the solicitation requirements.

EVALUATION FACTORS:

Factor 1: Technical

Subfactor 1 - Certifications. Proposal contains documentation that clearly demonstrates the requirements set out in

PWS paragraph 1.6.15 (Special Qualifications). Only offerors providing documentation supporting this special standard of responsibility will be eligible for award. Proposals received that do not provide proof of accreditation will be rejected based on not meeting this standard.

Subfactor 2 – Personnel Staffing. The proposal contains documentation of personnel staffing plan that demonstrates how it will meet the PWS requirement for staffing levels, qualifications, and experience. Specifically documents submitted shall demonstrate personnel meet qualifications as outlined in PWS paragraph 1.6.18 (Key personnel), and paragraph 1.6.15 (Special Qualifications).

The Technical rating will be based on an “Acceptable” / “Unacceptable” basis. The following definitions will be used in evaluating the offeror’s proposal against the technical requirement.

Rating Description

Acceptable Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.

The technical factor is met when the Offeror’s proposal demonstrates as effective approach that clearly demonstrates evidence of the full capability for executing the PWS requirements.

Note: A rating of “Unacceptable” in any of the Subfactors will yield an “Unacceptable” rating for the entire

Technical Factor. A proposal that receives an “Unacceptable” rating in the Technical Factor will not be considered eligible for contract award.

Factor 2: Past Performance

The Past Performance rating will be based on an “Acceptable” / “Unacceptable” basis. The following definitions will be used in evaluating the degree the offeror will satisfactorily provide the required services based on past and current performance records. An Acceptable or Unacceptable rating will be determined as follows:

Rating Description

Acceptable Based on the offeror’s performance record, the

Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See note below.)

Unacceptable Based on the offeror’s performance record, the

Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

a. Past Performance Information: The information presented in the Past Performance References and information obtained from other available sources other than those identified by the Offeror (such as past performance information obtained from Federal, State and local Government agencies, better business bureaus, published media, and electronic data bases available to the Government) will be the basis for evaluation of this factor.

b. Past Performance Evaluation: The Government will consider the offeror’s previous and current record of contractual performance. The Government assessment will focus on recent contracts that are relevant to the effort required by this solicitation. Recent is defined for this action to be contracts that were performed within the last three (3) calendar years from the issuance date of the Request for Proposals (RFP). Relevant contracts include individual contracts that are similar, in whole or in part, to this solicitation, including contracts performed by a teaming partner or subcontractor.

c. The Government may reject a proposal if it is found that any information that has a negative impact on the offeror’s past performance record has been deleted, misrepresented, or withheld.

d. It is at the Government’s discretion to determine whether past performance information furnished is or is not considered similar to the size and scope of the present requirement. Should the offeror have no past performance information the Government will assign the neutral rating of “Unknown Confidence” to the offeror, which will be deemed as an “Acceptable.”

e. Offerors are cautioned that, in conducting the past performance assessment, the Government may use data provided in the offeror's proposal and data obtained from other sources. Since the Government may not necessarily interview all of the sources provided by the offerors, it is incumbent upon the offerors to explain the relevance of the data provided. Offerors are reminded that while the Government may elect to consider data obtained from other sources, the burden of proving an “acceptable” past performance rests with the offerors.

f. Offerors may provide information on problems encountered on the contracts identified in their past performance submissions and the offerors’ corrective actions (FAR 15.305).

Factor 3: Price:

a. The total evaluated price shall be the sum of all CLIN prices listed in the schedule for the base year, and an additional six months of service possible under FAR 52.217-8. To account for the option period(s) possible under Clause 52.217-8 (maximum six months). Option to Extend Services, the Government will take the price for all CLINS of the final option period, prorate it to a six-month value, and add it to the sum of all CLINS. This amount will be the total evaluated price.

b. Currency: Offers submitted in response to this solicitation shall be in terms of local currency or U.S. Dollars.

To ensure a fair evaluation of offers,solicitations generally should require all offers to be priced in the same currency.However,if the soliciation permits submission of offers in other than specified currency,the contractiing officer must convert the prices to U.S currency for evaluation purposes. The Government shall use the daily exchange rate of the solicitation closing date to convert local currency offers into U.S. Dollar for evaluation. Evaluation of foreign currency offers will be in accordance with FAR clause 52.225-17. All supporting documentation shall reflect the same currency established in the price proposal.

c. Each offeror’s proposed price will be evaluated to determine whether it is fair and reasonable in accordance with FAR 15.404.

(b) Options:

Option to Extend Services, the Government will take the price for all CLINS, prorate it to a six-month value, and add it to the sum of all CLINS. This amount will be the total evaluated price. To account for the option period(s) possible under Clause 52.217-8 (maximum six months). The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the

Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2015)

ALTERNATE I (OCT 2014)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (b) through (i) of this provision.

(a) Definitions. As used in this provision:

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"Forced or indentured child labor" means all work or service-

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

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

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

6 U.S.C. 395(c).

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the

Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment

Act of 2007) conducting the business can demonstrate—

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

(50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

"Women-owned small business concern" means a small business concern—

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

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

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

51 percent of its stock is owned by one or more women; or

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

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

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

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-

3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------.

(Offeror to identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any.)

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United

States or its outlying areas. Check all that apply.

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

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

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

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

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

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

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

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

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB

Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ----------.] Each

WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

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

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

(9) Tie bid priority for labor surplus area concerns.