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SEE ADDENDUM
(No Collect Calls)
W912PF-16-R-0004 12-Apr-2016
b. TELEPHONE NUMBER
+39 0444-617454
8. OFFER DUE DATE/LOCAL TIME
03:00 PM 12 May 2016
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
W912PF9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
FRANCESCA CANDIA
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
0010846543
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
414TH CSB - PARC AFRICA
ATTN: FRANCESCA CANDIA
VIA DELLA PACE #197
VICENZA (VI) 36100
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 WK9G24 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
3RD/405TH ARMY FIELD SUPPORT BRIGADE
RONALD YALE
CASERMA EDERLE
VIALE DELLA PACE 193
VICENZA 36100
TEL: +39.0444.71.6892 FAX:
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$38,500,000
NAICS:
722310
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 OF70
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.
W912PF-16-R-0004
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1,460 Set DFAC Lead Cooks Del Din and Ederle
FFP
Lead Cooks for Caserma Ederle and Del Din. Service to be performed in strict accordance with attached Performance Work Statement. 1 Set equals 8.5 hours.
This line item will be ordered on a per set basis only. Lead Cooks will be ordered as needed for each shift in accordance with section 1.6.9 of the Performance Work
Statement.
FOB: Destination
PURCHASE REQUEST NUMBER: 0010846543
NET AMT
0002 6,205 Set DFAC Cooks Del Din and Ederle
FFP
Cooks for Caserma Ederle and Del Din. Service to be performed in strict accordance with attached Performance Work Statement. 1 Set equals 8.5 hours.
This line item will be ordered on a per set basis only.
1001 1,460 Set OPTION DFAC Lead Cook Del Din and Ederle
FFP
Lead Cooks for Caserma Ederle and Del Din. Service to be performed in strict accordance with attached Performance Work Statement. 1 Set equals 8.5 hours.This line item will be ordered on a per set basis only. Lead Cooks will be ordered as needed for each shift in accordance with section 1.6.9 of the
Performance Work Statement
1002 6,205 Set OPTION DFAC Cooks Del Din and Ederle
FFP
Cooks for Caserma Ederle and Del Din. Service to be performed in strict accordance with attached Performance Work Statement. 1 Set equals 8.5 hours.
This line item will be ordered on a per set basis only.
2001 1,460 Set OPTION Lead Cook Del Din and Ederle
FFP
Lead Cooks for Caserma Ederle and Del Din. Service to be performed in strict accordance with attached Performance Work Statement. 1 Set equals 8.5 hours.
This line item will be ordered on a per set basis only. Lead Cooks will be ordered as needed for each shift in accordance with section 1.6.9 of the Performance Work
Statement.
2002 6,205 Set OPTION DFAC Cooks Del Din and Ederle
FFP
Cooks for Caserma Ederle and Del Din. Service to be performed in strict accordance with attached Performance Work Statement. 1 Set equals 8.5 hours.
This line item will be ordered on a per set basis only.
7500 1 Contractor Manpower Reporting
FFP
The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the "DFAC Cooks" at USAG Vicenza Italy” via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/, and then click on “Department of the Army CMRA” or the icon of the DoD organization that is receiving or benefitting from the contracted services. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year
(FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 and at the end of the period of performace for each calendar year, beginning with 2016.
Contractors may direct questions to the help desk by clicking on “Send an email” which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component’s CMR website. For Contractor
Manpower Reporting CLIN (CLIN 7500, 7501, 7502,), the offeror shall propose a price for each CLIN to cover all reporting costs. If the offeror proposes to provide this report at no additional cost to the Government, it should indicate $0.00 or, “No
Charge” or rather than not addressing the line item. If the line item is left blank, the offeror agrees that this report will be provided at no additional cost to the
Government, $0.00 shall be used for evaluation purposes, and the contract CLIN will be priced at $0.00.
7501 1 OPTION Contractor Manpower Reporting
FFP
The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the "DFAC Cooks" at USAG Vicenza Italy” via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/, and then click on “Department of the Army CMRA” or the icon of the DoD organization that is receiving or benefitting from the contracted services. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year
(FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 and at the end of the period of performace for each calendar year, beginning with 2017.
Contractors may direct questions to the help desk by clicking on “Send an email” which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component’s CMR website. For Contractor
Manpower Reporting CLIN (CLIN 7500, 7501, 7502,), the offeror shall propose a price for each CLIN to cover all reporting costs. If the offeror proposes to provide this report at no additional cost to the Government, it should indicate $0.00 or, “No
Charge” or rather than not addressing the line item. If the line item is left blank, the offeror agrees that this report will be provided at no additional cost to the
Government, $0.00 shall be used for evaluation purposes, and the contract CLIN
7502 1 OPTION Contractor Manpower Reporting
FFP
The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the "DFAC Cooks" at USAG Vicenza Italy” via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/, and then click on “Department of the Army CMRA” or the icon of the DoD organization that is receiving or benefitting from the contracted services. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year
(FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 and at the end of the period of performace for each calendar year, beginning with 2018.
Contractors may direct questions to the help desk by clicking on “Send an email” which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component’s CMR website. For Contractor
Manpower Reporting CLIN (CLIN 7500, 7501, 7502,), the offeror shall propose a price for each CLIN to cover all reporting costs. If the offeror proposes to provide this report at no additional cost to the Government, it should indicate $0.00 or, “No
Charge” or rather than not addressing the line item. If the line item is left blank, the offeror agrees that this report will be provided at no additional cost to the
Government, $0.00 shall be used for evaluation purposes, and the contract CLIN
Exhibit/Attachment Table of Contents
DOCUMENT TYPE DESCRIPTION PAGES DATE
Exhibit MSDS sheets
Attachment 1 Past Performance
Questionnaire
Attachment 2 ANTI-MAFIA
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
0002 Destination Government Destination Government
1001 Destination Government Destination Government
1002 Destination Government Destination Government
2001 Destination Government Destination Government
2002 Destination Government Destination Government
7500 Destination Government Destination Government
7501 Destination Government Destination Government
7502 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC
0001 POP 01-JUL-2016 TO
30-JUN-2017
N/A 3RD/405TH ARMY FIELD SUPPORT
BRIGADE
RONALD YALE
CASERMA EDERLE
VIALE DELLA PACE 193
VICENZA 36100
+39.0444.71.6892
WK9G24
0002 POP 01-JUL-2016 TO
N/A (SAME AS PREVIOUS LOCATION)
1001 POP 01-JUL-2017 TO
30-JUN-2018
N/A (SAME AS PREVIOUS LOCATION)
1002 POP 01-JUL-2017 TO
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 01-JUL-2018 TO
30-JUN-2019
N/A (SAME AS PREVIOUS LOCATION)
2002 POP 01-JUL-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
7500 POP 01-JUL-2016 TO
N/A (SAME AS PREVIOUS LOCATION)
7501 POP 01-JUL-2017 TO
N/A (SAME AS PREVIOUS LOCATION)
7502 POP 01-JUL-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
NOTE:
DELIVERY WILL BE AT CASERMA EDERLE AND DEL DIN, VICENZA, ITALY
CLAUSES INCORPORATED BY REFERENCE
52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015
52.212-4 ADDENDUM
MANDATORY DOCUMENTATION REQUIRED UPON CONTRACT AWARD:
All the following documentation is required in accordance with applicable Italian law and regulations.
In accordance with FAR 12.302, Tailoring of Provisions and Clauses for Acquisition of Commercial Items, FAR 52.212-4 is tailored, as shown below, to reflect the special terms and conditions unique for this contract.
The following shall apply to this contract in addition to those terms and conditions in FAR 52.212-4. The specific paragraph of FAR 52.212-4 is tailored as shown below:
(a) Inspection and Acceptance.
Inspection and acceptance of services under this contract shall be performed by the COR (Contracting
Officer’s Representative). Place of inspection and point of acceptance of the services to be provided under this contract shall be at a destination specified.
(b) Invoice:
The Contractor shall comply with WAWF DFAR Clause 252.232-7006 for submission of invoices.
A COPY OF THE DURC MUST BE SUBMITTED WITH EACH INVOICE.
FOR INVOICING. THE FOLLOWING STATEMENT WILL BE INCLUDED AND CERTIFIED
BY THE CONTRACTOR ON ALL INVOICES UNDER SUBJECT CONTRACT. FAILURE TO
INCLUDE AND CERTIFY THE BELOW STATEMENT ALONG WITH SUBMITTING A COPY
OF THE DURC MAY RESULT IN DELAYED OR NON PAYMENT.
“The amounts requested are only for performance in accordance with the terms and conditions of the contract. All payments due to employees (including full social contributions), subcontractors, and suppliers received under the contract have been made, and timely payments will be made from the income of the payment covered by this certification, in accordance with terms and conditions of the contract, local labor laws and agreements, subcontract agreements, and the requirements of chapter 39 of Title 31, United States
Code.”
Contractor : ________________________________________
The following clauses are incorporated:
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984
52.204-18 Commercial and Government Entity Code Maintenance JUL 2015
52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting.
DEC 2015
252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014
252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991
252.225-7012 Preference For Certain Domestic Commodities FEB 2013
252.232-7010 Levies on Contract Payments DEC 2006
252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JUN 2013
252.243-7002 Requests for Equitable Adjustment DEC 2012
252.247-7022 Representation Of Extent Of Transportation Of Supplies By
Sea
AUG 1992
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
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)
(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.
(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:
(1) When no longer needed for contract performance.
(2) Upon completion of the Contractor employee's employment.
(3) Upon contract completion or termination.
(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.
(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor`s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.
(End of Clause)
52.216-18 ORDERING. (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the 414th CSB -RCO Italy . Such orders may be issued as follows:
BASE YEAR: 01 JULY 2016 – 30 JUNE 2017
FIRST OPTION YEAR: 01 JULY 2017 – 30 JUNE 2018 (IF THE OPTION IS EXERCISED)
SECOND OPTION YEAR: 01 JULY 2018– 30 JUNE 2019 (IF THE OPTION IS EXERCISED)
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the
Schedule.
(End of clause)
52.216-19 ORDER LIMITATIONS. (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than five (5) sets, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor:
(1) Any order for a single item in excess of 30 sets for cooks, 2 sets for lead cooks for any one day;
(2) Any order for a combination of items in excess of 30 sets for cooks, 2 sets for lead cooks for any one day; or
(3) A series of orders from the same ordering office within one day that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal
Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the
Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.
(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within three (3) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
52.216-21 REQUIREMENTS (OCT 1995)
(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the
Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated'' or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.
(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.
(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.
(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and
Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the expiration date of the order.
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the
Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the
Contractor within 15 days of contract expiration.
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 36 months.
52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT
(FEB 2000)
In the event of inconsistency between any terms of this contract and any translation into another language, the
English language meaning shall control.
52.233-1 DISPUTES. (MAY 2014)
(a) This contract is subject to 41 U.S.C. chapter 71, Contract Disputes.
(b) Except as provided in 41 U.S.C. chapter 71, all disputes arising under or relating to this contract shall be resolved under this clause.
(c) “Claim,” as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the
Contractor seeking the payment of money exceeding $100,000 is not a claim under the Act until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under 41
U.S.C. chapter 71. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.
(d)(1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the
Government against the Contractor shall be subject to a written decision by the Contracting Officer.
(2)(i) The Contractor shall provide the certification specified in paragraph (d)(2)(iii) of this clause when submitting any claim exceeding $100,000.
(ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim.
(iii) The certification shall state as follows: “I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am authorized to certify the claim on behalf of the Contractor.”
(3) The certification may be executed by any person authorized to bind the Contractor with respect to the claim.
(e) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the
Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $100,000, the
Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made.
(f) The Contracting Officer’s decision shall be final unless the Contractor appeals or files a suit as provided in 41
U.S.C. chapter 71.
(g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative dispute resolution (ADR). If the
Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the
Contractor’s specific reasons for rejecting the offer.
(h) The Government shall pay interest on the amount found due and unpaid from (1) the date that the Contracting
Officer receives the claim (certified, if required); or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications, as defined in FAR 33.201, interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim.
(i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting
Officer.
OFFEROR'S SIGNATURE
The contractor agrees to have read and understood the clause 52.233-1 DISPUTES and 52.233-1 Alternate I listed above.
Contractor: by _______________________________ ______________________
Name, signature Date
52.233-2 SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from https://www.acquisition.gov/far/current/html/Subpart%2033_2.html#wp1079863
414th CSB
Regional Contracting Office, Italy
Viale della Pace 193
36100 Vicenza, Italy
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
(End of provision)
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http:// www.acquisition.gov http://farsite.hill.af.mil http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html
252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)
(a) "Definition. Contracting officer's representative" means an individual designated in accordance with subsection
201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.
(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.
252.222-7002 COMPLIANCE WITH LOCAL LABOR LAWS (OVERSEAS) (JUN 1997)
(a) The Contractor shall comply with all—
(1) Local laws, regulations, and labor union agreements governing work hours; and
(2) Labor regulations including collective bargaining agreements, workers' compensation, working conditions, fringe benefits, and labor standards or labor contract matters.
(b) The Contractor indemnifies and holds harmless the United States Government from all claims arising out of the requirements of this clause. This indemnity includes the Contractor's obligation to handle and settle, without cost to the United States Government, any claims or litigation concerning allegations that the Contractor or the United
States Government, or both, have not fully complied with local labor laws or regulations relating to the performance of work required by this contract.
(c) Notwithstanding paragraph (b) of this clause, consistent with paragraphs 31.205-15(a) and 31.205-47(d) of the
Federal Acquisition Regulation, the Contractor will be reimbursed for the costs of all fines, penalties, and reasonable litigation expenses incurred as a result of compliance with specific contract terms and conditions or written instructions from the Contracting officer.
252.225-7041 CORRESPONDENCE IN ENGLISH (JUNE 1997)
The Contractor shall ensure that all contract correspondence that is addressed to the United States Government is submitted in English or with an English translation.
252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS
OUTSIDE THE UNITED STATES (JUN 2015)
(a) Definition. United States, as used in this clause, means, the 50 States, the District of Columbia, and outlying areas.
(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall--
(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;
(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;
(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and
(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.
(c) The requirements of this clause do not apply to any subcontractor that is--
(1) A foreign government;
(2) A representative of a foreign government; or
(3) A foreign corporation wholly owned by a foreign government.
(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from Defense for
Special Operations and Low Intensity Conflict, ASD(SOLIC); telephone, DSN 227-7205 or commercial (703) 697-
7205.
(1) For Army contracts: HQDA-AT; telephone, DSN 222-9832 or commercial (703) 692-9832.
(2) For Navy contracts: Naval Criminal Investigative Service (NCIS), Code 21; telephone, DSN 288-9077 or commercial (202) 433-9077.
(3) For Marine Corps contracts: CMC Code POS-10; telephone, DSN 224-4177 or commercial (703) 614-4177.
(4) For Air Force and Combatant Command contracts: The appropriate Antiterrorism Force Protection Office at the
Command Headquarters. Also see https://atep.dtic.mil.
(5) For defense agency contracts: The appropriate agency security office.
(6) For additional information: Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, ASD(SOLIC); telephone, DSN 227-7205 or commercial (703) 697-7205.
252.229-7000 INVOICES EXCLUSIVE OF TAXES OR DUTIES (JUNE 1997)
Invoices submitted in accordance with the terms and conditions of this contract shall be exclusive of all taxes or duties for which relief is available.
252.229-7001 TAX RELIEF (SEPT 2014)
(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government. The following taxes or duties have been excluded from the contract price:
NAME OF TAX: IVA RATE 22%
(b) The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.
(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The
Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.
252.229-7003 TAX EXEMPTIONS (ITALY) (MAR 2012)
(a) As the Contractor represented in its offer, the contract price, including the prices in subcontracts awarded under this contract, does not include taxes from which the United States Government is exempt.
(b) The United States Government is exempt from payment of Imposta Valore Aggiunto (IVA) tax in accordance with Article 72 of the IVA implementing decree on all supplies and services sold to
United States Military Commands in Italy.
(1) The Contractor shall include the following information on invoices submitted to the United States Government:
(i) The contract number.
(ii) The IVA tax exemption claimed pursuant to Article 72 of Decree Law 633, dated October 26, 1972.
(iii) The following fiscal code(s): 80028250241.
(2)(i) Upon receipt of the invoice, the paying office will include the following certification on one copy of the invoice:
“I certify that this invoice is true and correct and reflects expenditures made in Italy for the Common Defense by the
United States Government pursuant to international agreements. The amount to be paid does not include the IVA tax, because this transaction is not subject to the tax in accordance with Article 72 of Decree Law 633, dated
October 26, 1972.” An authorized United States Government official will sign the copy of the invoice containing this certification.
(ii) The paying office will return the certified copy together with payment to the Contractor. The payment will not include the amount of the IVA tax.
(iii) The Contractor shall retain the certified copy to substantiate non-payment of the IVA tax.
(3) The Contractor may address questions regarding the IVA tax to the Ministry of Finance, IVA Office, Rome (06)
520741.
(c) In addition to the IVA tax, purchases by the United States Forces in Italy are exempt from the following taxes:
(1) Imposta di Fabbricazione (Production Tax for Petroleum Products).
(2) Imposta di Consumo (Consumption Tax for Electrical Power).
(3) Dazi Doganali (Customs Duties).
(4) Tassa di Sbarco e d'Imbarco sulle Merci Transportate per Via Aerea e per Via Maritima (Port Fees).
(5) Tassa de Circolazione sui Veicoli (Vehicle Circulation Tax).
(6) Imposta di Registro (Registration Tax).
(7) Imposta di Bollo (Stamp Tax).
252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS
(JUNE 2012)
(a) Definitions. As used in this clause–
(1) Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal
Acquisition Regulation.
(2) Electronic form means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting
Officer.
(3) Payment request means any request for contract financing payment or invoice payment submitted by the
Contractor under this contract.
(4) Receiving report means the data required by the clause at 252.246-7000, Material Inspection and Receiving
Report.
(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/.
(c) The Contractor may submit a payment request and receiving report using other than WAWF only when–
(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the
Contracting Officer's determination with each request for payment;
(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and
Billing System);
(3) DoD makes payment for rendered health care services using the TRICARE Encounter Data System (TEDS) as the electronic format; or
(4) When the Governmentwide commercial purchase card is used as the method of payment, only submission of the receiving report in electronic form is required.
(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in
Section G of the contract.
(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payments requests.
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause--
Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.
Document type means the type of payment request or receiving report available for creation in Wide Area
WorkFlow (WAWF).
Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training
Course and use the Practice Training Site before submitting payment requests through
WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data
Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
2 IN 1 COMBINATION: INVOICE / RECEIVING REPORT
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in
WAWF, as specified by the contracting officer.
WK4B9S
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC W56FJW
Issue By DoDAAC W912PF
Admin DoDAAC W912PF
Inspect By DoDAAC WK4B9S
Ship To Code N/A
Ship From Code N/A
Mark For Code N/A
Service Approver (DoDAAC) WK4B9S
Service Acceptor (DoDAAC) N/A
Accept at Other DoDAAC N/A
LPO DoDAAC N/A
DCAA Auditor DoDAAC N/A
Other DoDAAC(s) N/A
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send
Additional Email Notifications” field of WAWF once a document is submitted in the system.
Francesca.candia.ln@mail.mil
(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
USARMY.VICENZA.266-FMC.MBX.266FMC-IFO-CVS-WAWF-OFFICIAL@MAIL.MIL
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
252.232-7008 ASSIGNMENT OF CLAIMS (OVERSEAS) (JUNE 1997)
(a) No claims for monies due, or to become due, shall be assigned by the Contractor unless—
(1) Approved in writing by the Contracting Officer;
(2) Made in accordance with the laws and regulations of the United States of America; and
(3) Permitted by the laws and regulations of the Contractor's country.
(b) In no event shall copies of this contract of any plans, specifications, or other similar documents relating to work under this contract, if marked “Top Secret,” “Secret,” or “Confidential” be furnished to any assignee of any claim arising under this contract or to any other person not entitled to receive such documents. However, a copy of any part or all of this contract so marked may be furnished, or any information contained herein may be disclosed, to such assignee upon the Contracting Officer's prior written authorization.
(c) Any assignment under this contract shall cover all amounts payable under this contract and not already paid, and shall not be made to more than one party, except that any such assignment may be made to one party as agent or trustee for two or more parties participating in such financing. On each invoice or voucher submitted for payment under this contract to which any assignment applies, and for which direct payment thereof is to be made to an assignee, the Contractor shall—
(1) Identify the assignee by name and complete address; and
(2) Acknowledge the validity of the assignment and the right of the named assignee to receive payment in the amount invoiced or vouchered.
252.232-7008 ACKNOWLEDGMENT
The Contractor agrees to have read and understood clause 252.232-7008 ASSIGNMENT OF CLAIMS listed above.
Contractor: by ___________________________________________
(Name, Signature and Date)
252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013)
(a) The Contractor is not required to flow down the terms of any Defense Federal Acquisition Regulation
Supplement (DFARS) clause in subcontracts for commercial items at any tier under this contract, unless so specified in the particular clause.
(b) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligation.
(c) The Contractor shall include the terms of this clause, including this paragraph (c), in subcontracts awarded under this contract, including subcontracts for the acquisition of commercial items.
CCE 204-9000 U.S. AND HOST NATION HOLIDAYS (April 2014)
U.S. Holidays: Work shall / shall not be performed on U.S. holidays occurring during the normal work week unless otherwise directed by the Contracting Officer. When a U.S. Holiday occurs on a Saturday or a Sunday, the Holiday is observed on the preceding Friday or following
Monday, respectively.
Host Nation Holidays: Work shall / shall Not be performed on local Host Nation* Holidays occurring during the normal workweek unless otherwise directed by the contracting officer.
* Local Host Nation Holidays occur in the Provence (Provincia) or Region (Regione) where contract performance takes place.
U.S. Holidays:
Name of U.S. Holiday Date
New Year’s Day January 1
Martin Luther King, Jr. Day 3rd Monday of January
Washington’s Birthday / President’s
Day
3rd Monday of February
Memorial Day Last Monday of May
Independence Day July 4
Labor Day 1 st Monday of September
Columbus Day 2nd Monday of October
Veterans’ Day November 11
Thanksgiving 4th Thursday of November
Christmas Day 25 December
Host Nation Holidays:
English Name of Host Nation Holiday Italian Name Holiday Date
New Year’s Day Capodanno 1 January
Epiphany Day Epifania 6 January
Easter Monday Pasquetta Monday after Easter
Liberation Day Festa della Liberazione 25 April
Labor Day Festa del Lavoro 1 May
Republic Day Festa della Repubblica 2 June
Ferragosto / Assumption Day Ferragosto and Assunta 15 August
Local Public Holiday* Virgin Mary of Monte
Berico
8 September
All Saints’ Day Tutti i santi (or Ognissanti) 1 November
Immaculate Conception Day Immacolata Concezione 8 December
Christmas Day Natale 25 December
Saint Stephen’s Day Santo Stefano 26 December
CCE 225-4001 INSTALLATION CLEARANCE REQUIREMENTS (March 2005)
(a) Access to U.S. installations and controlled areas is limited to personnel who meet security criteria and are authorized by Host Nation law to work in that country. Failure to submit required information/data and obtain required documentation or clearances in accordance with AE Regulation 190-16, Installation Access Control, will be grounds for denying access to U.S. installations and controlled areas. The Contractor is responsible to ensure that any Subcontractor used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any Subcontractor utilized by the contractor, are made aware of and comply with these requirements.
(b) The Contractor is responsible for being aware of and complying with the requirements associated with
Installation Access Control. The Government is not liable for any costs associated with performance delays due solely to a firm’s failure to comply with Installation Access Control (IAC) processing requirements.
(c) The Contractor is responsible for returning installation passes to the issuing Installation Access Control Office
(IACO) when the contract is completed or when a contractor employee no longer requires access.
(d) AE 190-16 (and AE 190-16-G German translation) can be found on the following website: http://www.ecc-e.army.mil/ under the library link http://www.ecc-e.army.mil/ http://www.ecc-e.army.mil/
(e) Below is the responsible Organizational Sponsor & Installation Access Control Office for this contract:
Organizational Sponsor: Mr Ronald J. Yale
LocationCAserma Ederle Building NoLogistic REadiness Center, Italy
DSN Phone No: 634-6892 Commercial Phone No: 0444-716892
Installation Access Control Office: USAG -DEPARTMENT OF EMERGENCY SERVICES
Location: CASERMA EDERLE, VICENZA, ITALY Building No: 4B
DSN Phone No: 634-6744 Commercial Phone No: 0444/716744
CCE 232-4001 FOREIGN VENDORS REQUESTING PAYMENT VIA ELECTRONIC FUNDS TRANSFER
(March 2005)
Foreign vendors requesting payment via Electronic Funds Transfer (EFT) shall provide the following information on their invoice at time of invoice submission. Only one EFT instruction per invoice is authorized.
SWIFT CODE
BLZ or BANK ROUTING NUMBER
ACCOUNT NUMBER
BANK NAME
International Bank Account Number (IBAN) (If Applicable) ---
CCE 233-4001 CHOICE OF LAW – OVERSEAS (ITALY) (March 2005)
This contract shall be construed and interpreted in accordance with the substantive laws of the United States of
America. By the execution of this contract, the contractor expressly agrees to waive any rights to invoke the jurisdiction of local national courts where this contract is to be performed and agrees to accept the exclusive jurisdiction of the Armed Service Board of Contract Appeals and the United States Claims Court for the hearing and determination of any and all disputes that may arise under the Dispute Clause.
Traduzione: Scelta della Giuridizione
Il presente contratto sara’ interpretato ai sensi della legge vigente negli Stati Uniti d’America. Con il perfezionamento del presente contratto, il contraente dichiara espressamente di rinunciare al diritto di…
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