W912PB-17-T-3136_TILTING_BRAISING_PANS_(DRAFT_SOLICITATION).pdf

SEE ADDENDUM

(No Collect Calls)

W912PB-17-T-3136 30-Jun-2017

b. TELEPHONE NUMBER

+49 (0) 9643-83-7214

8. OFFER DUE DATE/LOCAL TIME

03:15 PM 31 Jul 2017

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

MICHAEL BRESETTE

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

1 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

0011044940

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 W81JLG 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

OPERATIONS GROUP, S-4

92366 HOHENFELS

GERMANY

TEL: FAX:

FAX:

TEL: SEE NAME OF POC SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

238290

X

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 OF46

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.

W912PB-17-T-3136

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 17 Each

TILTING BRAISING PAN

FFP

Tilting and Braising Pan, recommended Mdl firex BM1E120L BRAND NAME

OR EQUAL.

DETAILS: Tilting and Braising Pan, approx. 125 -135 liters (32 -35 gallons) capacity, stainless steel with stainless steel pan 1.4301/AISI 304 manual tilting with cylindrical spiral spring. Counterbalanced hinged cover of stainless steel.

Water fill tap fixed on the flue riser. WATER CONNECTION IS NOT

AVAILABLE IN THE BUILDING THE ITEM MUST WORK WITHOUT

BEING CONNECTED TO A WATER LINE. Heating elements to be armored stainless steel (Incoloy 800), thermostat temperature control from 45 degrees Celsius to 300 degrees Celsius, with safety thermostat which automatically cuts off the electrical supply in case of malfunction.

OVERALL DEMENSIONS Wide: approx. 1200mm / 47.25" High: approx. 900 / 35.44" Deep: maximum 900mm 35.44" (door to the building is 950mm wide) Capacity: total 125 - 135 liter (32-35 gallons) / useable volume: 105 -115 liters (28-30 gallons) Electrical cap.:14.8 KW, 400V/50Hz/3Ph CE. Water connection: is not available.

DELIVER TO: Operations Group PBO Bldg 1222, Camp Albertshof 92366 Hohenfels

FOB: Destination

PURCHASE REQUEST NUMBER: 0011044940

NET AMT

SOLICITATION INFORMATION AND INSTRUCTION

General Information

Government Points of Contact:

RCO POCs:

Contract Specialist: CPT MICHAEL BRESETTE Telephone: 475-7214 (09641-83-7214) E-mail: michael.h.bresette.mil@mail.mil

Contracting Officer: ANDREA SCHOTTENHAMMEL Telephone: 475-8728 (09641-83-8728) E-mail: andrea.schottenhammel.ln@mail.mil

Short Description of Requirement: TILTING BRAISING PANS

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 09-AUG-2017 17 OPERATIONS GROUP, S-4

92366 HOHENFELS

GERMANY

FOB: Destination

W81JLG

ADDENDA

Addendum to provision 52.212-1:

The following shall apply to this solicitation in addition to those terms and conditions in FAR provision 52.212-1.

The specific paragraphs of FAR provision 52.212-1 affected are shown below:

Paragraph (a) - Small business size standard does not apply to this solicitation.

Paragraph (b) - A single contract will be awarded on an ALL OR NONE basis. Any exceptions made to any of the items and conditions of the offer must be stated in a separate letter of transmittal that is to accompany the offer.

The person signing the proposal must initial any erasures, cross outs or changes made. All information should be typed or neatly in ink. Exceptions, as offered, if accepted by the Government, become part of the contract.

Paragraph (c) - Period for Acceptance of Offers is changed to read:

The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

Paragraph (h) - Multiple awards: ONLY ONE CONTRACT AWARD will be made.

Paragraph (i) - Availability of Requirements document cited does not apply to this solicitation.

Paragraph (m) is added to incorporate the following with respect to the information and documents required for submission in response to this solicitation:

- Award of this contract will be on a Low Price basis pursuant to the award criteria stated in FAR provision 52.212-2.

Since it is the Government’s intent to award without discussions, per FAR provision 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. However, the Government reserves the right to conduct discussions, if determined necessary.

- Complete blocks 17 and 30 of the Standard Form 1449.

- Enter CLIN (and ELIN, if any) price information in the Schedule. The price proposal shall be prepared in accordance with these instructions, and will be evaluated in accordance with FAR provision 52.212-2 as contained in this solicitation. The offeror’s price will be calculated by adding the total of all CLIN/SLIN/ELIN extended prices.

In the event there is a difference between a unit price and the extended total amount, the unit price will be held to the intended offer and the total recomputed accordingly. If the offer provides a total amount for a contract item but fails to enter the unit price, the amount divided by the specified quantity will be held to be the intended unit price.

- If this contract requires Contractor Manpower Reporting (CMR). Offeror will determine in Schedule of Supplies-Services, CLIN(s), to price or not-separately-price (NSP) the CMRA requirement. CLIN(s) 75xx shall be the CLIN(s) under which the contractor shall bill for all costs associated with the CMRA requirement. If the offeror proposes to report this data at no additional costs to the Government, the offeror shall indicate “NSP” in the space provided in Schedule of Supplies-Services for the CMRA CLIN(s). No entry will be considered “NSP” and “0.00” will be used for evaluation purposes.

- Offerors shall complete the annual representations and certifications electronically via the System for Award Management (SAM) website at http://www.sam.gov.

- This request does not commit the Government to pay any costs incurred in the preparation and submission of your proposal or in making any necessary studies for the preparation thereof, or for any visit the Contracting Officer may request for the purpose of clarification of the proposal or for preparation on negotiations.

- All questions regarding this solicitation shall be submitted by E-mail to the Point of Contact stated elsewhere herein. The applicable PWS/SOW paragraph numbers or solicitation reference shall process questions. The Government requests that questions shall be requested no later than 5 working days after the issuance of the solicitation to allow the Government sufficient time to respond prior to the closing date. The Contracting Officer may limit the number of questions answered. Answers to questions may be posted as a Solicitation Amendment to Federal Business Opportunities (FedBizOpps) (https://www.fbo.gov/). Offerors are responsible to watch the web site for postings of amendments, answers to questions, and other instructions/information, if any.

- 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 (or Summer Time, as appropriate).

- 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 offers via email. FAX submission is also authorized; however, offerors are responsible for ensuring that their offer is actually received by this office.

Courtesy Translation:

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

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

- Offers are to be provided 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 serious payment problems may occur.

- 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, die Angebote in englischer Sprache abzugeben. Nichtbeachtung kann zum Ausschluss des Angebotes führen.

- Please return only those pages where entries have been made.

Courtesy Translation:

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

Complete the following clauses:

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

(This provision does not have to be completed (except paragraph (b)) if you have an active SAM registration)

DFARS clause 252.229-7001 “Tax Relief”

FAR clause 52.211-8 “Time of Delivery”

OR

OFFEROR’S PROPOSED DELIVERY SCHEDULE (at the addendum to 52.212-2 below)

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:

Only contractors who are registered and have an active account at the System for Awards Management (SAM) will be awarded a contract as a result of this solicitation. All contractors, offering under this solicitation MUST be registered. Offers, where the contractor is not registered may be rejected.

WAWF (Wide Area WorkFlow) Registration:

Contractors MUST also be WAWF registered in order to get invoices be paid. Paper copies will not be accepted.

(Alle Rechnungen muessen in WAWF eingereicht werden !! Rechnungen in Papierform werden nicht akzeptiert und nicht bezahlt !!)

The following information must be provided/completed with your offer:

POC E-mail address: ___________________

DUNS Number: ___________________

CAGE Code: ___________________

TAX ID (US firms only): ___________________

Registered in SAM: Yes _____ No _____ Make sure your status is ACTIVE since no award will be made on an expired registration.

Registered in Wide Area Workflow (WAWF): Yes _____ No _____ WAWF will not work when the SAM registration is inactive. This will cause payment delays!

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 BISNODE (in Germany) and DUN and Bradstreet to an establishment, is the Contractor Identification Number for Federal contractors.

Foreign vendors can obtain the DUNS number from: http://www.bisnode.de/product/db-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: ncbge-ncage@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):

Für Deutschland: DUNS: http://www.bisnode.de/product/db-d-u-n-s-nummer/ Kundenservice: Tel.: 06151-1375789 Fax: 06151-1375675

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

E-Mail: ncbge-ncage@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 (also called iRAPT – Invoicing, Receipt, Acceptance and Property Transfer) 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. Barbara Farago, Telephone: 09641-83- 8479, Ms. Monika Arbogast, Telephone: 09641-83-7323 or Ms. Bettina Yarbrough, Telephone: 09641-83-6517.

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 your 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.

Addendum to provision 52.212-2:

OFFEROR’S PROPOSED DELIVERY SCHEDULE

Delivery will be performed within ________ calendar days upon receipt of the order.

Lieferung erfolgt in oben angegebenem Zeitraum (Kalendertage) nach Erhalt des Auftrags.

Past Performance:

If no evaluation factor is established for Past Performance, it will be evaluated as part of the Determination of Responsibility.

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.211-6 Brand Name or Equal AUG 1999 52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 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.

OCT 2015

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

JUL 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

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 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.213-7000 Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System--Statistical Reporting in Past Performance Evaluations

JUN 2015

252.225-7041 Correspondence in English JUN 1997 252.225-7043 Antiterrorism/Force Protection Policy for Defense

Contractors Outside the United States

JUN 2015

252.229-7000 Invoices Exclusive of Taxes or Duties 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 252.233-7001 Choice of Law (Overseas) JUN 1997 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal 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 ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract 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 factors shall be used to evaluate offers: LOWEST PRICE.

(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 (JAN 2017)

ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

“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.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“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).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.

“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 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 the stock of which is owned by one or more women; and

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

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: ``Administrative merits determination'', ``Arbitral award or decision'', paragraph (2) of ``Civil judgment'', ``DOL Guidance'', ``Enforcement agency'', ``Labor compliance agreement'', ``Labor laws'', and ``Labor law decision''. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(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 on the SAMwebsite.

(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 representation 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 (u) 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 electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to 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: 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. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone 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--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the

List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

___ Black…