W912PF19Q0015,_Syn-Sol_-_Fire_Trucks_Maintenance.pdf
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Firetrucks/Emergency Safety Equipment Maintenance and Repair 405th AFSB, LRC Italy – Maintenance Division
This is a combined synopsis/solicitation for commercial items, prepared in accordance with the format in Subpart
12.6 and supplemented with additional information included in this notice. This announcement constitutes as the only solicitation for Generator Maintenance Repair Service – USAG Italy; 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 W912PF19Q0015, 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) 2005-101 and FAC 2005-101 continued. The Government anticipates to award a Firm Fixed-Price (FFP) contract with Time and Materials Labor Hour CLINs. The North American Industry Classification System (NAICS) code assigned to this project is 811310 – Commercial and Industrial Machinery and Equipment Repair and Maintenance.
The period of performance is for a Base Period of 12 months plus two (2) Option Years.
CONTRACT LINE ITEM NUMBER (CLIN) SCHEDULE
CLIN Description Unit Qty Unit Price Unit Total 0001 Annual Maintenance and Repair Services of four
(4) Scania P 400 Firetrucks with Rosenbauer AT2 Equipment Body
4 Each
0002 Annual Maintenance and Repair Services of one
(1) Scania P 400 Firetrucks with Metz L32A Equipment Body
1 Each
0003 Labor Hours 150 Hrs 0004 Materials and Parts 1 Job Not to
Exceed Amount
Not to Exceed Amount
0005 Contract Manpower Reporting 1 Job
BASE PERIOD TOTAL $
OPTION PERIOD ONE (1)
1001 Annual Maintenance and Repair Services of four
(4) Scania P 400 Firetrucks with Rosenbauer AT2 Equipment Body
4 Each
1002 Annual Maintenance and Repair Services of one
(1) Scania P 400 Firetrucks with Metz L32A Equipment Body
1 Each
1003 Labor Hours 150 Hrs 1004 Materials and Parts 1 Job Not to
Exceed Amount
Not to Exceed Amount
1005 Contract Manpower Reporting 1 Job
OPTION PERIOD ONE (1) TOTAL $
OPTION PERIOD TWO (2)
2001 Annual Maintenance and Repair Services of four
(4) Scania P 400 Firetrucks with Rosenbauer AT2 Equipment Body
4 Each
2002 Annual Maintenance and Repair Services of one
(1) Scania P 400 Firetrucks with Metz L32A Equipment Body
1 Each
2003 Labor Hours 150 Hrs 2004 Materials and Parts 1 Job Not to
Exceed Amount
Not to Exceed Amount
2005 Contract Manpower Reporting 1 Job
OPTION PERIOD TWO (2) TOTAL $
TOTAL OFFER $
NOTE TO OFFERORS: Offerors are requested to carefully read the Solicitation and its attachments, and submit quotes no later than 28 February 2019, no later than 1:00 P.M. Central European Time (CET).
All quotes shall be structured and submitted in strict accordance with Instructions to Offerors set forth in FAR 52.212-1 and the ADDENDUM TO 52.212-1 – INSTRUCTIONS TO OFFERORS.
Solicitation questions shall be submitted via email no later than 11 February 2019, no later than 1:00 P.M. CET to BOTH of the following email addresses: paul.f.negrido.civ@mail.mil and lindsay.r.jaime.civ@mail.mil.
CLAUSES INCORPORATED BY REFERENCE
52.212-4 Contract Terms and Conditions – Commercial Items 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.
A COPY OF THE DURC (DOCUMENTO UNICO DI REGOLARITÀ CONTRIBUTIVA) 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 : by ________________________________________ Name, Signature and Date
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 52.204-7 System for Award Management OCT 2016 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.212-1 Instructions to Offerors--Commercial Items JAN 2017 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7005 Representation Relating to Compensation of Former DoD Officials
NOV 2011
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
OCT 2016
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
JUN 2012
252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Items JUN 2013
CLAUSES INCORPORATEDE BY FULL TEXT
ADDENDUM TO 52.212-1 – INSTRUCTIONS TO OFFERORS
A. INSTRUCTIONS. The offeror(s) shall provide a written offer in ENGLISH and MUST address each of the factors listed on the table below. The only document that can be submitted in a language other than English is the Certificate of Chamber Of Commerce. Offerors shall submit their quotation package via email with the subject line “W912PF19Q0015 – Firetrucks / Emergency Safety Equipment Maintenance and Repair” to BOTH the following email addresses: paul.f.negrido.civ@mail.mil AND lindsay.r.jaime.civ@mail.mil. Only email submissions will be accepted. Quotation packages must be received no later than 28 February 2019, no later than 1:00 P.M. Central European Time (CET). The offeror is responsible for verifying that their submission is received before the closing date and time.
Page Limitations and Format. The Offeror’s Quotation package shall consist of four (4) volumes. Each respective volume shall comply with the following format and page limitations in accordance with the table below.
Volume Description/Title Page limit
I Mandatory Documentation Required No Page limit II Factor I – Technical* 20 Pages
III Factor II - Past Performance* 15 pages
IV Factor III – Price No page limit *Document Format: Times New Roman, Size 10 Font, single spaced, 8.5 x 11 Use of hyperlinks is prohibited.
1. All information shall be confined to the appropriate Volume. The offer shall be prepared clearly and concisely to demonstrate that the offeror has a complete understanding of the requirements. Offerors shall prepare its offer on the presumption that the Government has no previous knowledge of the offeror’s capabilities. Offers will be evaluated only on the information specifically presented in respective submittals.
2. Offers shall not merely repeat to perform work in accordance with the Performance Work Statement (PWS). The PWS reflects the objectives of the program; therefore, repeating the PWS without sufficient elaboration will not be accepted. Offerors that submit generic offers risk receiving unacceptable ratings.
3. The cover of each volume shall include the solicitation number, volume number, and firm name, address, POC, CAGE Code (NCAGE Code) and DUNS number. Every page of the offer should include the solicitation number, volume number and page number (along with the offer revision number for the amended page, if necessary).
NOTE: The Technical Evaluation Board (TEB) will not evaluate pages exceeding the “Page Limits” stated in the Table above ( e.g. Volume II, Factor I – Technical Experience, Page Limit – 20 Pages: the 21st + pages shall not be evaluated by the TEB).
B. VOLUME CONTENT. Each Volume shall contain the information outlined below:
1. VOLUME I - MANDATORY DOCUMENTATION REQUIRED WITH THE OFFER
The following documentation shall be submitted with the Offerors’ submission and shall be in accordance with Italian requirements and laws:
a. Offerors must provide a copy of a Historical Chamber of Commerce Certificate of Membership (Certificato Storico di Iscrizione alla Camera di Commercio) OR EQUIVALENT (for offerors outside of Italy) NOT older than 90 days at the time set forth for the receipt of offers. Self-certifications are NOT allowed and will be rejected. The business purpose (oggetto sociale) should include but is not limited to:
Firetrucks / Emergency Safety Equipment Maintenance and Repair.
b. Include proof of registration in the following required databases: Duns &Bradstreet (DUNS), NATO Commercial and Government Entity (CAGE), and System for Award Management (SAM).
c. Request a DUNS number with the Italian Duns & Bradstreet at http://dbitaly.dnb.com/Chklang.htm.
d. Upon issuance of a DUNS number, request a NATO Commercial and Government Entity (CAGE) Code at http://www.dlis.dla.mil/forms/form_AC135.asp.
d. Complete the registration process with System for Award Management registration (SAM) at https://www.sam.gov.
e. DURC: The offeror shall provide with the Quotation, a copy NOT older than ninety (90) days from the date for initial receipt of quotation of the DURC (Documento Unico di Regolarità Contributiva). Self-certifications (autocertificazioni) are NOT allowed. The document MUST include the following statement:
“Con il presente documento si dichiara che l’impresa RISULTA REGOLARE ai fini del DURC” (“This document declares that the company is regular for the DURC purposes”).
f. Offerors must provide Attachment 2 - "Self-Certification for Anti-mafia" duly filled out.
2. VOLUME II – FACTOR I - TECHNICAL
The offeror shall provide the following documentation:
a. Technical Experience: At least one (1), but no more than three (3) examples of contracts performed by the company that are recent (within the last three (3) years from the date of the offer) and relevant experience on projects similar in size, scope, and complexity to the requirements specified in the Performance Work Statement.
Similar in scope means that the contract must be for Firetrucks/Emergency Safety Equipment Maintenance and Repair.
1. The examples of contracts submitted shall include a description of the scope, the amount, an explanation of similarity to this project, the completion date, and a client’s point of contact.
2. If the offeror is a Pool of Firms (Consorzio/ATI), the recent and relevant experience shall be submitted for projects completed by the Pool of Firms (Consorzio/ATI) or at least one partner. The Pool of Firms (Consorzio/ATI) offeror shall also provide with their offer, the below listed required documents/certificates:
i. A copy of the notarized legal document that established the Pool of Firms (Consorzio/ATI).
ii. The name and addresses of all the associated firms. The associated firms are NOT allowed to submit their individual offers under this solicitation. If they do, the offer of the Pool of Firms (Consorzio/ATI) and the offer of any associated firm will be rejected.
iii. The names and the addresses of the associated firms proposed to perform the work. A statement describing all legal or administrative proceedings currently pending or concluded, conducted against your firm within the last three (3) years which relate to procurement or performance of any public or private contracts.
Disclose whether the prime contractor (or its predecessors, if any) has been insolvent or filed for bankruptcy within the past three (3) years. Offeror shall disclose any other information which could reasonably call into question the responsibility of the offeror to perform this contract.
b. Certification: The offeror shall provide proof of certification for ISO 9001: 2000 CSQ.
3. VOLUME III – FACTOR II - PAST PERFORMANCE
a. Offerors shall provide contract information of no more than three (3) recent projects performed in the last three (3) years for projects similar or greater size, scope, magnitude and complexity relevant to this requirement by the offeror and any major subcontractors. The information shall be presented by completing the Attachment 3 - Past Performance Questionnaire, one for each contract. It is the offeror’s responsibility to provide accurate points of contact, current telephone numbers and e-mail addresses for each identified contract.
c. If there are subcontractors or partnerships, they will be evaluated in the same manner as the Prime. No more than three (3) relevant projects performed by each subcontractor or partnership will be evaluated.
d. The offeror is highly encouraged to submit past performance information with evidence of customer satisfaction such as performance evaluation, special commendation, recognition, letters of appreciation, awards of excellence, offeror’s quality certifications etc.; as long as these references are relevant to the effort set out in this solicitation.
4. VOLUME IV – FACTOR III - PRICE
a. The Offeror shall submit pricing in terms of EURO or DOLLARS. Offers received in other than EURO or DOLLARS shall be rejected.
c. Offerors shall complete each element of the CONTRACT LINE ITEMS NUMBER (CLIN) SCHEDULE on the first page, EXCEPT the CLINs for Materials and Parts (CLIN 0004, 1004, and 2004). Fill-in a unit price for each CLIN and multiplying that unit price with the quantity to calculate a Total Price. The UNIT PRICES as submitted shall be Firm Fixed Price.
d. The CLINs for Materials and Parts (CLIN 0004, 1004, and 2004) SHALL NOT BE PRICED. The Government will assign a “Not-to-Exceed” amount for Materials and Parts.
C. SINGLE AWARD. The Government intends to make a single award; therefore, offers must be submitted for all the line items indicated in the solicitation. No award will be made for less than the full requirements shown in the solicitation. Any offeror offering less than all of the solicitation requirements may be precluded from consideration for award if the Contracting Officer elects to make an award without opening discussions.
CLAUSES INCORPORATED BY FULL TEXT
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
FACTOR I – Technical FACTOR II - Past Performance FACTOR III - Price
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options, to include the 6-month extension, to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
ADDENDUM TO 52.212-2 - EVALUATION
A. BASIS FOR AWARD
1. This acquisition will be conducted in accordance with FAR Part 12, Acquisition of Commercial Items, and FAR Part 13.5, Simplified Procedures for Certain Commercial Items. The award will be made to the responsible offeror whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Award will be made to the lowest priced offer that meets or exceeds all the minimum mandatory criteria in the solicitation evaluation factors. Award will be on an “all or none” basis. Offerors are put on notice that:
a. The non-price factors will be evaluated on an ACCEPTABLE/UNACCEPTABLE basis.
b. The non-price factors are evaluated for acceptability and NOT ranked.
c. Offers are NOT compared to each other.
d. Tradeoffs are NOT permitted.
2. In order to be eligible for an award, an offer shall be rated “ACCEPTABLE” on all non-price factors.
c. The U.S. Government intends to evaluate quotes and award a contract without discussions; however, the U.S.
Government reserves the right to hold discussions. It should be noted that there is no obligation on the part of the Government to make an award to any offeror in response to this Request for Quote (RFQ).
3. Offerors may be asked to clarify some issues regarding the non-price factors to enhance U.S. Government understanding of them. Such clarifications shall NOT be used to cure quote deficiencies or material omissions, enter into discussions, and/or otherwise revise the quote.
4. The following factors shall be used to evaluate quotes:
NON-PRICE FACTORS:
FACTOR I – TECHNICAL
FACTOR II – PAST PERFORMANCE
PRICE FACTOR:
FACTOR III - PRICE
5. The award will be made to the lowest price offer in accordance with FACTOR III - PRICE, from the Offeror who submitted all the mandatory documentation required in VOLUME I and whose quote is rated “ACCEPTABLE” on all the non-price factors (TECHNICAL and PAST PERFORMANCE). The Contracting Officer will ensure that all documents requested in VOLUMES I through IV outlined in the solicitation have been submitted.
6. Before awarding, the Government will make a responsibility determination by analyzing whether the apparent successful offeror complies with the requirements of FAR subpart 9.1, including:
1. Adequate financial resources or the ability to obtain them;
2. Ability to comply with the required performance period, taking into consideration all existing commercial and governmental business commitments;
3. Satisfactory record of integrity and business ethics;
4. Necessary organization, experience, and skills or the ability to obtain them;
5. Necessary equipment and facilities or the ability to obtain them; and
6. Be otherwise qualified and eligible to receive an award under applicable laws and regulations.
B. EVALUATION APPROACH
1. VOLUME II – FACTOR I - TECHNICAL
The Technical factor will be rated on an “Acceptable” or “Unacceptable” basis using the following ratings:
Acceptable Quote clearly meets the minimum requirements of the solicitation
Unacceptable Quote does not clearly meet the minimum requirements of the solicitation.
In order to be determined “Acceptable” in this factor, the offeror shall have provided documentation that demonstrates the following:
a. Technical Experience: At least one (1), but no more than three (3) examples of contracts performed by the company which clearly demonstrates recent (within the last three (3) years from the date of the offer) and relevant experience on projects similar in size, scope, and complexity to the requirements specified in the Performance Work Statement.
1. The examples of contracts submitted shall include a description of the scope, the amount, an explanation of similarity to this project, the completion date, and a client’s point of contact.
2. If the offeror is a Pool of Firms (Consorzio/ATI), the recent and relevant experience shall be submitted for projects completed by the Pool of Firms (Consorzio/ATI) or at least one partner. The Pool of Firms (Consorzio/ATI) offeror shall also provide with their offer, the below listed required documents/certificates:
i. A copy of the notarized legal document that established the Pool of Firms (Consorzio/ATI).
ii. The name and addresses of all the associated firms. The associated firms are NOT allowed to submit their individual offers under this solicitation. If they do, the offer of the Pool of Firms (Consorzio/ATI) and the offer of any associated firm will be rejected.
iii. The names and the addresses of the associated firms proposed to perform the work. A statement describing all legal or administrative proceedings currently pending or concluded, conducted against your firm within the last three (3) years which relate to procurement or performance of any public or private contracts.
Disclose whether the prime contractor (or its predecessors, if any) has been insolvent or filed for bankruptcy within the past three (3) years. Offeror shall disclose any other information which could reasonably call into question the responsibility of the offeror to perform this contract.
b. Certification: The offeror shall provide proof of certification for ISO 9001: 2000 CSQ
2. VOLUME III – FACTOR II - PAST PERFORMANCE
Past Performance will be rated on an “Acceptable” or “Unacceptable” basis using the following ratings:
Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown (See note below)
Unacceptable Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will successfully perform the required effort
Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available; the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable”.
a. The Government will evaluate the contractor’s provided information of no more than three (3) recent projects performed in the last three (3) years for projects similar or greater size, scope, magnitude and complexity relevant to this requirement by the offeror and any major subcontractors.
Note: For the purpose of this solicitation, performance relevancy is performance that is the same, greater, or sufficiently similar in scope and price magnitude to the scope of work required by this solicitation. For the purpose of this solicitation, a performance is recent if occurring within the last three (3) years from the date for initial receipt of offers or ongoing projects.
b. The Government will base its evaluation of past performance on information that it receives from the references provided by the offerors. In addition, the government may obtain past performance information from other sources such as: offeror's former customers, business associates, Federal, state, and local government agencies;
and electronic databases (i.e. Past Performance Information Retrieval System (PPIRS)).
3. VOLUME IV – FACTOR III - PRICE
a. The price evaluation will consist of a price analysis of the CLIN prices for each performance period. The price factor will be evaluated separately from the non-price factors. Price analysis is the process of examining and evaluating a quoted price to determine if it is fair and reasonable, without evaluating its separate cost elements and profit. The Contracting Officer may use various price analysis techniques and procedures to ensure a fair and reasonable price.
b. For award purposes, the Contracting Officer will evaluate Quotes by totaling the prices for all CLINs for the base and option years. The Government may determine that an offer is unacceptable if the prices within the Contract Line Item Number (CLIN) Schedule are significantly unbalanced. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. An offer may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.
c. CLINs for Materials (0004, 1004, and 2004) will be assigned a “Not-to-exceed” amount by the Government and will not be evaluated by the Government.
d. As part of price evaluation, the Government will evaluate its Option to Extend Services (see FAR Clause
52.217-8) by adding six (6) months of the offeror's final option period price to the offeror's total price. An assessment of the reasonableness of each Quoted price will be made. Offerors are required to price the Base and Option Periods.
Offerors shall not submit a price for the potential six (6) month extension of services period. The Government may choose to exercise the extension of services at the end of any performance period (base or option periods).
CLAUSES INCORPORATED BY FULL TEXT
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017)
Offerors are to include a completed copy of the provision at 52.212-3 Alt 1, Offeror Representations and Certifications – Commercial Items with their offer. This can be completed electronically at https://www.sam.gov/SAM/.
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2018)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 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)).
(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(4) 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)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L.
109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.
111-117, section 743 of Div. C).
_X_ (8) 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).
___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313).
____ (10) [Reserved]
____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).
____ (ii) Alternate I (NOV 2011) of 52.219-3.
____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
____ (ii) Alternate I (JAN 2011) of 52.219-4.
____ (13) [Reserved]
____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).
____ (ii) Alternate I (NOV 2011).
____ (iii) Alternate II (NOV 2011).
____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
____ (ii) Alternate I (Oct 1995) of 52.219-7.
____ (iii) Alternate II (Mar 2004) of 52.219-7.
____ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).
____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).
____ (ii) Alternate I (Nov 2016) of 52.219-9.
____ (iii) Alternate II (Nov 2016) of 52.219-9.
____ (iv) Alternate III (Nov 2016) of 52.219-9.
____ (v) Alternate IV (Nov 2016) of 52.219-9.
____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).
____ (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).
____ (20) 52.219-16, Liquidated Damages—Sub-contracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.
657f).
____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).
____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
____ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
____(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).
____ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
____ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
____ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
____ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).
____ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496).
_X_ (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).
___ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
____ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).
____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693).
____ (38) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
____ (ii) Alternate I (OCT 2015) of 52.223-13.
____ (39)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
____ (ii) Alternate I (Jun 2014) of 52.223-14.
____ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
____ (41)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
____ (ii) Alternate I (Jun 2014) of 52.223-16.
_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.
13513).
____ (43) 52.223-20, Aerosols (June, 2016) (E.O. 13693).
____ (44) 52.223-21, Foams (June, 2016) (E.O. 13693).
____ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
____ (ii) Alternate I (JAN 2017) of 52.224-3.
____ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
____ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.
103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
____ (ii) Alternate I (May 2014) of 52.225-3.
____ (iii) Alternate II (May 2014) of 52.225-3.
____ (iv) Alternate III (May 2014) of 52.225-3.
____ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_ (49) 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).
____ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150
____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.
5150).
____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
____ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
____ (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C. 3332).
____ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).
____ (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
____ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
____ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).
____ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.
Appx. 1241(b) and 10 U.S.C. 2631).
____ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
_____(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).
_____ (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).
_____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.
chapter 67).
_____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
_____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
_____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).
_____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).
_____(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).
_____ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
_____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).
_____ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph
(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iv) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(xii) _____ (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O.
13627).
_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)
(xvii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xv)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
(xvi) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xvii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xviii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xix) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xx) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.217-5 EVALUATION OF OPTIONS (JUL 1990)
Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).
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 within 30 days;
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 42 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.
(End of clause)
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 the budge rate: $1 = € 0.8582 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.
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision 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
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
252.222-7002 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 orcommercial (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.
(End of clause)
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…
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