W912PF-18-Q-0006_FINAL.pdf
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- Maintenance and Repair of Food Service Equipment
- Solicitation number
- W912PF-18-Q-0006
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Combined Synopsis - solicitation
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Other files
| File | Type | Posted |
|---|---|---|
| AMENDMENT_01_MAINT_FSE.pdf | ||
| Technical_Exhibit_4a_UPDATED_Inventory_MEnsa_Ederle.xlsx | XLSX spreadsheet | |
| Attachment_2_Past_Performance_Questionnaire.pdf | ||
| Tech_Exhibit_04_Inventory_Mensa_Ederle.xlsx | XLSX spreadsheet | |
| Tech_Exhibit_01__Inventory_DFAC_Del_Din.xlsx | XLSX spreadsheet | |
| Attachment01_AntiMafia.pdf | ||
| tech_Exhibit_02__Inventory_DFAC_Ederle.xlsx | XLSX spreadsheet | |
| Tech_Exhibit_03_Inventory_Mensa_Camp_Darby.xlsx | XLSX spreadsheet |
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United States Army Garrison (USAG) Italy-Vicenza
Maintenance and Repair of Food Service Equipment for USAG - Italy
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart
12.6, Streamlined Procedures for Evaluation and Solicitation of Commercial Items, as supplemented with additional information included in this notice.
This announcement constitutes the only solicitation; quotes are being requested and a separate written solicitation will not be issued. The Government is releasing this combined synopsis/solicitation electronically via FedBizOpps only. The solicitation number is W912PF-18-Q-0006 and this solicitation is issued as a Request for Quote (RFQ).
The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition
Circular (FAC) 2005-66 Effective April 1, 2013.
The North American Industry Classification System (NAICS) code assigned to this project is 811310 –
Food machinery repair and maintenance services.
This requirement is not set aside for small business.
The solicitation includes 27 CLINS, including Options that are separately priced. There will be one (1) twelve month base period and two (2) twelve month Option periods. The base contract’s Period of Performance is estimated to begin 18 June 2018, with an end date of 17 June 2019, plus two (2) Option years with an estimated end date of 17 June 2021.
The Government anticipates the award being a Hybrid contract with Firm Fixed Price and Time and Material CLINs to provide maintenance and repair services of the Food Service Equipment within different facilities of USAG –Italy.
The Place of Performance will be on Caserma Ederle and Del Din, Vicenza, and on Camp Darby, Livorno, Italy.
The provision at 52.212-1, Instructions to Offerors -- Commercial, and the addendum to 52.212-1 apply to this acquisition; for reference see attached solicitation.
The provision at 52.212-2, Evaluation -- Commercial Items, apply to this acquisition; for reference see attached solicitation.
The provision at FAR 52.212-3, Offeror Representations and Certifications -- Commercial Items (Dec
2012), applies to this acquisition.
The Provision at FAR 52.204-7 Alt I, System for Award Management, applies to this acquisition: to be awarded a Government contract the offeror MUST:
b. Have a DUNS number (Dun & Bradstreet); Phone: 01-28-455-379;
-American: http://fedgov.dnb.com/webform);
-Italian: https://www.dnb.it
c. Have a CAGE/NCAGE number
-American Contractor: CAGE code will be generated upon completion of SAM registration.
-Italian Contractor: NCAGE code can be obtained via https://www.siac.difesa.it/tiki/tikiindex.php?page=NCAGE
d. Be registered in the System for Award Management (SAM) website (https://www.sam.gov/portal/public/SAM/)
Please ensure that your firm is registered with SAM and that all information is current. If you are not registered or your information is not current, you need to go to https://www.sam.gov/portal/public/SAM/ and fill out a web based application. You must have a DUNS number in order to start this process. If you do not have a DUNS number, you can obtain one at http://www.dnb.com/. It takes two to three business days to receive a DUNS number and two to three business days to receive a CAGE code. Please begin the process as soon as you receive this RFQ in order to speed up the contracting process in the event that you are the winning bidder. Both requirements are free of charge.
The Clause at DFARS 252.232-7006, Wide Area Workflow Payment Instructions, applies to this acquisition: all firms must be registered in Wide Area Workflow (WAWF) at https://wawf.eb.mil at time of quote submittal.
The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items and the addendum to 52.212-
4, apply to this acquisition.
The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive
Orders - Commercial Items, applies to this acquisition. The below FAR clauses cited in the clause at
52.212-5 are applicable to the acquisition:
52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)
(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub.
L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C.
3805 note)).
52.204-10, Reporting Executive Compensation and First-Tier Subcontract
Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).
52.209-6, Protecting the Government's Interest When Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31
U.S.C. 6101 note).
52.222-50, Combating Trafficking in Persons, Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and
E.O. 13627).
http://fedgov.dnb.com/webform)%3B http://www.dnb.it/ http://www.siac.difesa.it/tiki/tikiindex.php?page=NCAGE https://www.sam.gov/portal/public/SAM/ http://www.sam.gov/portal/public/SAM/ http://www.dnb.com/
52.223-18, Encouraging Contractor Policies to Ban Text
Messaging While Driving (Aug 2011) (E.O. 13513).
52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
52.232-18, Availability of Funds
52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C. 3332).
All clauses and provisions may be accessed electronically at http://farsite.hill.af.mil and http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html.
OFFER DUE: Transmission of offers in response to this RFQ, shall be submitted as an electronic version in Microsoft Word, or PDF, via email not later than 0200 P.M. Central
European Time on 08 June 2018 to the following email addresses:
francesca.candia.ln@mail.mil and matthew.a.spencer.civ@mail.mil
QUESTIONS: All questions concerning the solicitation shall be submitted via email to the following addresses
Francesca.candia.ln@mail.mil and matthew.a.spencer.civ@mail.mil no later than 11:00am
Central European Time (CET) on Thursday 31 May 2018. Answers to offerors' questions will be posted to FedBizOpps.gov in an amendment to the solicitation as needed.
SITE VISIT: A site visit will be held on 22 May 2018 at 09.30 AM, on Caserma Ederle and Del Din,Vicenza, Italy, AND on 24 May 2018 at 13.30 on Camp Darby, Livorno, Italy.
All interested parties are required to indicate their interest by submitting a written request not later than Close of
Business (COB) 11 May 2018 to the following e-mail addresses:
Francesca.candia.ln@mail.mil and matthew.a.spencer.civ@mail.mil.
Please indicate in your email the solicitation number (W912PF-18-Q-0006), the name of the company along with the address, phone number, and e-mail address.
(i) Please indicate the name of the person(s) (maximum of 2) who will be present at the site visit: first name, last name, date of birth, place of birth, and type and number of identification document. Your information will allow your representative(s) to go through the security checkpoints on base.
(ii) For additional information, please contact Francesca Candia at 0444-617454 francesca.candia.ln@mail.mil
(Office hours: Monday through Friday, 8.00 – 16.00).
http://farsite.hill.af.mil/ http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html mailto:francesca.candia.ln@mail.mil mailto:matthew.a.spencer.civ@mail.mil mailto:Francesca.candia.ln@mail.mil mailto:matthew.a.spencer.civ@mail.mil
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 12 Months DFAC DEL DIN Maintenance & Repair
FFP
Maintenance & Repair of the Dining Facility (DFAC) equipment on Caserma Del Din, Vicenza, Italy, in strict accordance with the Performance Work Statement
(PWS).
FOB: Destination
PURCHASE REQUEST NUMBER: 0011148031
PSC CD: J073
NET AMT
0002 12 Months DFAC Ederle Maintenance & Repair
FFP
Maintenance & Repair of the Dining Facility (DFAC) equipment on Caserma Ederle, Vicenza, Italy, in strict accordance with the Performance Work Statement
(PWS).
FOB: Destination
0003 12 Months Mensa Vicenza Maintenance & Repair
FFP
Maintenance & Repair of the Italian Mensa equipment on Caserma Ederle, Vicenza, Italy, in strict accordance with the Performance Work Statement (PWS).
FOB: Destination
0004 12 Months Mensa Livorno Maintenance & Rep.
FFP
Maintenance & Repair of the Italian Mensa equipment on Camp Darby, Livorno, Italy, in strict accordance with the Performance Work Statement (PWS).
FOB: Destination
0005 1 Job SSMO Refrigerators Repair parts
Repair Parts for Subsistance Supply Management Office (SSMO) Refrigerators on Caserma Ederle, Vicenza.
** Offerors do not price this line item.
The Government will provide a Not-To-Exceed (NTE) amount at the time of award. Estimated NTE: $10,000.00.
FOB: Destination
0006 1 Job DFAC Repair Parts
Repair Parts for DFACs equipment on Ederle and Del Din, Vicenza, Italy.
** Offerors do not price this line item. The Government will provide a Not-To- Exceed (NTE) amount at the time of award. Estimated NTE: $ 60,000.00.
FOB: Destination
0007 1 Job Mensa Vicenza Repair Parts
Repair Parts for Italian Mensa equipment on Ederle, Vicenza, Italy.
** Offerors do not price this line item. The Government will provide a Not-To- Exceed (NTE) amount at the time of award. Estimated NTE: $10,000.00
FOB: Destination
0008 1 Job Mensa Livorno Repair Parts
Repair Parts for Italian Mensa equipment on Camp Darby, Livorno, Italy
** Offerors do not price this line item. The Government will provide a Not-To- Exceed (NTE) amount at the time of award. Estimated NTE: $ 8,000.00 FOB: Destination
1001 12 Months OPTION DFAC DEL DIN Maintenance & Repair
FFP
Maintenance & Repair of the Dining Facility (DFAC) equipment on Caserma Del Din, Vicenza, Italy, in strict accordance with the Performance Work Statement
(PWS).
FOB: Destination
1002 12 Months OPTION DFAC Ederle Maintenance & Repair
FFP
Maintenance & Repair of the Dining Facility (DFAC) equipment on Caserma Ederle, Vicenza, Italy, in strict accordance with the Performance Work Statement
(PWS).
1003 12 Months OPTION Mensa Vicenza Maintenance & Repair
FFP
Maintenance & Repair of the Italian Mensa equipment on Caserma Ederle, Vicenza, Italy, in strict accordance with the Performance Work Statement (PWS).
1004 12 Months OPTION Mensa Livorno Maintenance & Rep.
FFP
Maintenance & Repair of the Italian Mensa equipment on Camp Darby, Livorno, Italy, in strict accordance with the Performance Work Statement (PWS).
1005 1 Job OPTION SSMO Refrigerators Repair parts
Repair Parts for Subsistance Supply Management Office (SSMO) Refrigerators on Caserma Ederle, Vicenza.
** Offerors do not price this line item.
The Government will provide a Not-To-Exceed (NTE) amount at the time of award. Estimated NTE: $10,000.00.
1006 1 Job OPTION DFAC Repair Parts
Repair Parts for DFACs equipment on Ederle and Del Din, Vicenza, Italy.
** Offerors do not price this line item. The Government will provide a Not-To- Exceed (NTE) amount at the time of award. Estimated NTE: $ 60,000.00.
1007 1 Job OPTION Mensa Vicenza Repair Parts
Repair Parts for Italian Mensa equipment on Ederle, Vicenza, Italy.
** Offerors do not price this line item. The Government will provide a Not-To- Exceed (NTE) amount at the time of award. Estimated NTE: $10,000.00
1008 1 Job OPTION Mensa Livorno Repair Parts
Repair Parts for Italian Mensa equipment on Camp Darby, Livorno, Italy
** Offerors do not price this line item. The Government will provide a Not-To- Exceed (NTE) amount at the time of award. Estimated NTE: $ 8,000.00
2001 12 Months OPTION DFAC DEL DIN Maintenance & Repair
FFP
Maintenance & Repair of the Dining Facility (DFAC) equipment on Caserma Del Din, Vicenza, Italy, in strict accordance with the Performance Work Statement
(PWS).
2002 12 Months OPTION DFAC Ederle Maintenance & Repair
FFP
Maintenance & Repair of the Dining Facility (DFAC) equipment on Caserma Ederle, Vicenza, Italy, in strict accordance with the Performance Work Statement
(PWS).
2003 12 Months OPTION Mensa Vicenza Maintenance & Repair
FFP
Maintenance & Repair of the Italian Mensa equipment on Caserma Ederle, Vicenza, Italy, in strict accordance with the Performance Work Statement (PWS).
2004 12 Months OPTION Mensa Livorno Maintenance & Rep.
FFP
Maintenance & Repair of the Italian Mensa equipment on Camp Darby, Livorno, Italy, in strict accordance with the Performance Work Statement (PWS).
2005 1 Job OPTION SSMO Refrigerators Repair parts
Repair Parts for Subsistance Supply Management Office (SSMO) Refrigerators on Caserma Ederle, Vicenza.
** Offerors do not price this line item.
The Government will provide a Not-To-Exceed (NTE) amount at the time of award. Estimated NTE: $10,000.00.
2006 1 Job OPTION DFAC Repair Parts
Repair Parts for DFACs equipment on Ederle and Del Din, Vicenza, Italy.
** Offerors do not price this line item. The Government will provide a Not-To- Exceed (NTE) amount at the time of award. Estimated NTE: $ 60,000.00.
2007 1 Job OPTION Mensa Vicenza Repair Parts
Repair Parts for Italian Mensa equipment on Ederle, Vicenza, Italy.
** Offerors do not price this line item. The Government will provide a Not-To- Exceed (NTE) amount at the time of award. Estimated NTE: $10,000.00
2008 1 Job OPTION Mensa Livorno Repair Parts
Repair Parts for Italian Mensa equipment on Camp Darby, Livorno, Italy
** Offerors do not price this line item. The Government will provide a Not-To- Exceed (NTE) amount at the time of award. Estimated NTE: $ 8,000.00
7500 1 Each Contract Manpower Reporting (CMR)
FFP
The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the "Maintenance and Repair of Food Service Equipment" via a secure data collection site.
The contractor is required to completely fill in all required data fields using the following web address:
https://www.ecmra.mil/Default.aspx., 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 performance 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 will be priced at $0.00.
FOB: Destination
7501 1 Each OPTION Contract Manpower Reporting (CMR)
FFP
The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the "Maintenance and Repair of Food Service Equipment" via a secure data collection site.
The contractor is required to completely fill in all required data fields using the following web address:
https://www.ecmra.mil/Default.aspx., 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 performance 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 will be priced at $0.00.
7502 1 Each OPTION Contract Manpower Reporting (CMR)
FFP
The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the "Maintenance and Repair of Food Service Equipment" via a secure data collection site.
The contractor is required to completely fill in all required data fields using the following web address:
https://www.ecmra.mil/Default.aspx., 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 performance 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 will be priced at $0.00.
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government
0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 1005 Destination Government Destination Government 1006 Destination Government Destination Government 1007 Destination Government Destination Government 1008 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 2005 Destination Government Destination Government 2006 Destination Government Destination Government 2007 Destination Government Destination Government 2008 Destination Government Destination Government 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 /
CAGE
0001 POP 18-JUN-2018 TO
17-JUN-2019
N/A W6Y5 USALRCTR VICENZA
W6Y5 USALRCTR VICENZA
DOL PBO
UNIT 31412 BOX 14
APO AE 09630
309-782-0736
W90JSG
0002 POP 18-JUN-2018 TO
17-JUN-2019
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 18-JUN-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 18-JUN-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
0005 POP 18-JUN-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
0006 POP 18-JUN-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
0007 POP 18-JUN-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
0008 POP 18-JUN-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
1001 POP 18-JUN-2019 TO
17-JUN-2020
N/A (SAME AS PREVIOUS LOCATION)
1002 POP 18-JUN-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
1003 POP 18-JUN-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
1004 POP 18-JUN-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
1005 POP 18-JUN-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
1006 POP 18-JUN-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
1007 POP 18-JUN-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
1008 POP 18-JUN-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 18-JUN-2020 TO
17-JUN-2021
N/A (SAME AS PREVIOUS LOCATION)
2002 POP 18-JUN-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
2003 POP 18-JUN-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
2004 POP 18-JUN-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
2005 POP 18-JUN-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
2006 POP 18-JUN-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
2007 POP 18-JUN-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
2008 POP 18-JUN-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
7500 POP 18-JUN-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
7501 POP 18-JUN-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
7502 POP 18-JUN-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.212-4 Alt I Contract Terms and Conditions--Commercial Items (JAN
2017) Alternate I
JAN 2017
ADDENDUM TO 52.212-4
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 in accordance with the delivery information specified above.
(b) Invoice:
The contractor shall comply with WAWF DFARS Clause 252.232-7006 for submission of invoices.
No paper invoices shall be submitted to the Contracting Office for approval. Invoices shall only be submitted through the WAWF electronic system.
(c) The contractor shall:
1) Upload the paper version of the invoice in WAWF
2) Upload a valid DURC certificate in WAWF
3) Upload the following statement signed in WAWF:
“The amounts requested are only for performance in accordance with the terms and conditions of the contract. All payment due to employees, subcontractors, and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds 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 : by
Name, Signature and Date
INVOICE PAYMENTS WILL BE MADE ONLY AFTER THE ACCEPTANCE BY THE
CONTRACTING OFFICER REPRESENTATIVE IN WAWF.
The following clauses are incorporated into this contract:
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
OCT 2010
52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights
APR 2014
52.204-13 System for Award Management Maintenance OCT 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.209-7 Information Regarding Responsibility Matters JUL 2013 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.237-2 Protection Of Government Buildings, Equipment, And Vegetation
APR 1984
52.245-1 Government Property JAN 2017 52.245-9 Use And Charges APR 2012 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
OCT 2016
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.215-7008 Only One Offer OCT 2013 252.222-7007 Representation Regarding Combating Trafficking in Persons JAN 2015 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 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 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished
Property
APR 2012
252.245-7002 Reporting Loss of Government Property DEC 2017 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017 252.247-7023 Transportation of Supplies by Sea APR 2014
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)
52.217-8 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 prior to contract expiration.
(End of clause)
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 prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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.
52.225-17 EVALUATION OF FOREIGN CURRENCY OFFERS (FEB 2000)
If the Government receives offers in more than one currency, the Government will evaluate offers by converting the foreign currency to United States currency using $1 = 0.9329 in effect as follows:
(a) For acquisitions conducted using sealed bidding procedures, on the date of bid opening.
(b) For acquisitions conducted using negotiation procedures--
(1) On the date specified for receipt of offers, if award is based on initial offers; otherwise
(2) On the date specified for receipt of proposal revisions.
(End of provision)
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.
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 https://www.acquisition.gov/far/current/html/Subpart%2033_2.html#wp1079863
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.
252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013)
(a) The Contractor shall inform its employees in writing, in the predominant native language of the workforce, of contractor employee whistleblower rights and protections under 10 U.S.C. 2409, as described in subpart 203.9 of the Defense Federal Acquisition Regulation Supplement.
(b) The Contractor shall include the substance of this clause, including this paragraph (b), in all subcontracts.
252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)
The Contractor's procedures for protecting against unauthorized disclosure of information shall not require Department of Defense employees or members of the Armed Forces to relinquish control of their work products, whether classified or not, to the contractor.
252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE
GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (OCT 2015)
(a) Unless the Government determines that there is a compelling reason to do so, the Contractor shall not enter into any subcontract in excess of $35,000 with a firm, or a subsidiary of a firm, that is identified in the Exclusions section of the System for Award Management System (SAM Exclusions) as being ineligible for the award of Defense contracts or subcontracts because it is owned or controlled by the government of a country that is a state sponsor of terrorism.
(b) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party that is identified, in SAM Exclusions, as being ineligible for the award of Defense contracts or subcontracts because it is owned or controlled by the government of a country that is a state sponsor of terrorism. The notice must include the name of the proposed subcontractor and the compelling reason(s) for doing business with the subcontractor notwithstanding its inclusion in SAM Exclusions.
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.
252.222-7003 PERMIT FROM ITALIAN INSPECTORATE OF LABOR (JUNE 1997)
Prior to the date set for commencement of work and services under this contract, the Contractor shall obtain the prescribed permit from the Inspectorate of Labor having jurisdiction over the work site, in accordance with Article 5g of Italian Law Number 1369, dated October 23, 1960. The Contractor shall ensure that a copy of the permit is available at all reasonable times for inspection by the Contracting Officer or an authorized representative. Failure to obtain such permit may result in termination of the contract for the convenience of the United States Government, at no cost to the United States Government.
252.223-7006 PROHIBITION ON STORAGE, TREATMENT, AND DISPOSAL OF TOXIC OR HAZARDOUS
MATERIALS--BASIC (SEP 2014)
(a) Definitions. As used in this clause--
Storage means a non-transitory, semi-permanent or permanent holding, placement, or leaving of material. It does not include a temporary accumulation of a limited quantity of a material used in or a waste generated or resulting from authorized activities, such as servicing, maintenance, or repair of Department of Defense (DoD) items, equipment, or facilities.
Toxic or hazardous materials means--
(i) Materials referred to in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980 (42 U.S.C. 9601(14)) and materials designated under section 102 of CERCLA (42 U.S.C. 9602) (40 CFR Part 302);
(ii) Materials that are of an explosive, flammable, or pyrotechnic nature; or
(iii) Materials otherwise identified by the Secretary of Defense as specified in DoD regulations.
(b) In accordance with 10 U.S.C. 2692, the Contractor is prohibited from storing, treating, or disposing of toxic or hazardous materials not owned by DoD on a DoD installation, except to the extent authorized by a statutory exception to 10 U.S.C. 2692 or as authorized by the Secretary of Defense. A charge may be assessed for any storage or disposal authorized under any of the exceptions to 10 U.S.C. 2692. If a charge is to be assessed, then such assessment shall be identified elsewhere in the contract with payment to the Government on a reimbursable cost basis.
(c) The Contractor shall include the substance of this clause, including this paragraph (c), in all subcontracts that require, may require, or permit a subcontractor access to a DoD installation, at any subcontract tier.
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 HQDA-AT;
telephone, DSN 222-9832 or commercial (703) 692-9832.
252.225-7048 EXPORT-CONTROLLED ITEMS (JUNE 2013)
(a) Definition. ``Export-controlled items,'' as used in this clause, means items subject to the Export Administration Regulations (EAR) (15 CFR Parts 730-774) or the International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-130). The term includes--
(1) ``Defense items,'' defined in the Arms Export Control Act, 22 U.S.C. 2778(j)(4)(A), as defense articles, defense services, and related technical data, and further defined in the ITAR, 22 CFR Part 120; and
(2) ``Items,'' defined in the EAR as ``commodities'', ``software'', and ``technology,'' terms that are also defined in the
EAR, 15 CFR 772.1.
(b) The Contractor shall comply with all applicable laws and regulations regarding export-controlled items, including, but not limited to, the requirement for contractors to register with the Department of State in accordance with the ITAR. The Contractor shall consult with the Department of State regarding any questions relating to compliance with the ITAR and shall consult with the Department of Commerce regarding any questions relating to compliance with the EAR.
(c) The Contractor's responsibility to comply with all applicable laws and regulations regarding export-controlled items exists independent of, and is not established or limited by, the information provided by this clause.
(d) Nothing in the terms of this contract adds, changes, supersedes, or waives any of the requirements of applicable Federal laws, Executive orders, and regulations, including but not limited to—
(1) The Export Administration Act of 1979, as amended (50 U.S.C. App. 2401, et seq.);
(2) The Arms Export Control Act (22 U.S.C. 2751, et seq.);
(3) The International Emergency Economic Powers Act (50 U.S.C. 1701, et seq.);
(4) The Export Administration Regulations (15 CFR Parts 730-774);
(5) The International Traffic in Arms Regulations (22 CFR Parts 120-130); and
(6) Executive Order 13222, as extended.
(e) The Contractor shall include the substance of this clause, including this paragraph (e), in all subcontracts.
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…
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