W91QVN-16-T-0143.docx
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- Upholstery Fabric Material Federal contract opportunity
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- W91QVN16T0143
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W91QVN-16-T-0143
Section SF 1449 - CONTINUATION SHEET
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 300 |
| Yard |
Upholstery Fabric Material, #CINDY CD001
FFP
- Upholstery Fabric Material
- MFR: Home & Interior Textile Co. Part#CINDY CD001 or Equal.
- Fabric: 100% Polyethylene, Flame-Resistant(Testing Certification Required) Treated with Scotchgard (will not stain) Water-Proof (Testing Required)
- Main Color: Ivory
- MFR Color Code: 01500, Yarn Dyed
- Weight: 382Gr/M (acceptable within +-2%), Wide: 54" (acceptable within +-3%)
- Backing: Polyethylene, Finishing: Anti-Bacteria is Required (Certification Required) FOB: Destination
PURCHASE REQUEST NUMBER: 0010895494
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 300 |
| Yard |
Upholstery Fabric Material, #BELLA BE001
- Upholstery Fabric Material
- MFR: Home & Interior Textile Co. Part#BELLA BE001 or Equal
- Fabric: 50% Polyethylene 50% Poliester, Flame-Resistant (Testing Certification Required) Treated with Scotchgard (will not stain) Water-Proof (Testing Certification Required),
- Main Color: Ivory
- MFR Color Code: 01800, Yarn Dyed
- Weight: 641Gr/M (acceptable within +-2%), Wide: 54" (acceptable within +-3%)
- Backing: Polyethylene, Finishing: Anti-Bacteria is Required (Certification Required)
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 400 |
| Yard |
Upholstery Fabric Material, #BIANCA BC00
- Upholstery Fabric Material
- MFR: Home & Interior Textile Co. Part#BIANCA BC001 or Equal.
- Fabric: 50% Polyethylene 50% Polyester, Flame-Resistant (Testing Certification Required) Treated with Scotchgard (Will not stain) Water-Proof (Testing Certification Required)
- Main Color: Ivory
- MFR Color Code: 01300, Yarn Dyed
- Weight: 415Gr/YD (acceptable within +-2%), Wide: 58" (acceptable within +-3%)
- Backing: Polyethylene, Finishing: Anti-Bacteria is Required (Certification Required)
NET AMT
QUOTATIONS INFORMATION
ADDENDUM TO FAR 52.212-1, INSTRUCTIONS TO THE OFFEROR(S)
1. The quotation with item description must be conforming to the requirement, and must be submitted to Federal Business Opportunities (FBO) (https://www.fbo.gov/). The electronic proposal shall be submitted by 1300 hrs (Korea Standard Time) on the closing date of RFQ. All questions should be e-mailed to myongsuk.pak.ln@mail.mil within three (3) days after the solicitation issued date.
a. The quotation submitted other than FBO will not be considered for award.
b. If FBO is not available, email to myongsuk.pak.ln@mail.mil with the evidence document such as screen shot. The FBO unavailability is limited to ONLY FBO server problem not individual failure/problem.
2. Proposal Preparation Instructions. The offeror quotation must demonstrate a clear understanding of the solicitation requirement. Failure to provide a complete proposal may reflect lack of understanding of the requirements and may result in a determination that the offeror is technically unacceptable.
3. The offeror(s) shall submit the following requirements IAW para. 1 above.
a. Price Schedule
b. Technical Proposal: Must provide the specified saliant characteristics of each item. "EQUAL" products must meet, or exceed, the salient physical, functional, or performance characteristic specified in the solicitation.
Failure to submit the above requirements may be grounds for determining the proposal to be non-compliant to the RFQ and ineligible for contract award.
4. Specify the delivery lead time.
5. SHIPPING CHARGES: Please indicate whether the shipping cost is inclusive or separate from your quoted price.
6. Clause 5152.204-4032, FAR 52.212-1, 2 and 3: The terms “Quotation” and “Quoter” shall be substituted for “Offer” and “Offeror.”
7. Award shall be made based on all or none basis.
8. "In accordance with FAR 25.1002, solicitations for contracts to be entered into and performed in Korea, to ensure a fair evaluation of offers, the Government will use the Korea Exchange Bank conversion rate on the date specified for receipt of proposal."
BASIS OF AWARD
The Government will award a contract resulting from this solicitation to the responsible offeror having submitted the lowest-priced, technically acceptable offer that satisfies all terms and conditions of this solicitation. The following factors shall be used to evaluate quotations:
►Factor A : Price Schedule
►Factor B : Technical (FAR 52.211-6 Brand Name or Equal) Item(s) shall meet the salient characteristics by stating the specifications of each item. To be determined technically acceptable, the submitted specification must meet salient characteristics stated in this solicitation.
Note: To be determined responsible, a prospective contractor must meet FAR 9.104-1 General standards.
SHIPPING/PAYMENT INFORMATION
ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS
*** Partial delivery is NOT authorized.
FOR LOCAL VENDOR:
DELIVERY TO : FMB, HOUSING DIVISION
DPW, USAG-YONGSAN
CAMP MARKET, BLDG#1732
DODDAC: W81EPB
ATTN: MR. HWANG, IN-CHAN
DSN: 736-4034
COMMERCIAL; 0503-336-4034
FOR US VENDOR:
1. Deliver to address indicated in block #15 on first page of this order if 70 lbs or less. A return receipt should be purchased for the proof of delivery.
1. Point of Embarkation (POE) Designation (Over 70 lbs) is Tracy CA: The POE will be within the 48 contiguous states. The Contractor should contact the transportation officer at their local Defense Contract Management Agency Office (DCMAO) for cargo booking and shipping instructions when the cargo does not meet the rules specified in the above information or exceeds the limitations for Cargo Excluded from DLA Consolidation and Containerization Activities paragraph listed below.
1. Delivery to Government POE: The Contractor shall deliver items within 20 calendar days to the Government POE as:
Freight Shipping Address: SW3225 Defense Logistics Agency Defense Distribution Depot San Joaquin (DDJC)
TCN: W81EPB-6181-5001 XXX
Tracy Depot Bldg 30, CCP 25600 South Chrisman Road Tracy, CA 95304-9150 Commercial Number: 757-878-5379 Fax Number: 717-770-4134
Mailing Address:
Defense Logistics Agency Defense Distribution Depot San Joaquin Bldg 30, CCP PO Box 960001 Stockton, CA 95296-0113
Defense Distribution Region West, Tracy, CA 96376 (Delivery Hours 07:00 – 14:30, M-F)
a. FOR GOVERNMENT USE ONLY:
M/F: W91QVN-16-P-XXXX
TRANSPORATION CONTROL NUMBER (TCN): W81EPB-6181-5001 XXX
TRANSPORTATION ACCOUNT CODE (TAC): AZ43
PROJECT: NA
TRANSPORTATION PRIORITY: 02
SUPPLEMENTAL ADDRESS: Y00000
SIGNAL: A
b. DELIVERY INFORMATION:
MARK FOR: Department of the Army, Korea
FMB, HOUSING DIVISION
DPW, USAG-YONGSAN
CAMP MARKET, BLDG#1732
DODDAC: W81EPB
ATTN: MR. HWANG, IN-CHAN
DSN: 736-4034
COMMERCIAL; 0503-336-4034
DLA CONSOLIDATION AND CONTAINERIZATION ACTIVITY POINTS OF CONTACT
| DDSP – New Cumberland Facility | DDJC – Sharpe Facility | |||
| DSN Voice/FAX | 977-6393/8660 | DSN Voice/FAX | 462-3381/3273 | |
| Com Voice/FAX | 717/770-6393/8660 | Com Voice/FAX | 209/982-3381/3273 |
THE VENDOR MUST INCLUDE A COPY OF THE CONTRACT (SF 1449 OR DD 1155) IN THE PACKING LIST ATTACHED TO EACH BOX OR CONTAINER.
DLA CONSOLIDATION AND CONTAINERIZATION ACTIVITIES
A. General: Material advanced to a DLA transshipment activity for movement to an OCONUS activity by surface or air movement, especially hazardous material, must be palletized, properly packed, marked and addressed at point of origin for the ultimate consignee and certified for shipment in accordance with selected mode. Those shipments subject DoD or Service established “Air Challenge” criteria must be “offered and cleared” prior to shipment to the DLA consolidation activity. Shipments downgraded to surface must be marked “Air Denied”. Air-eligible shipments containing hazardous material must be shipped directly to the MILSTAMP designated Aerial Port of Embarkation.
B. Distribution Depot San Joaquin CA (DDJC) SW3225, formerly W62N2A, accepts surface shipments, except as excluded below, for Army, Air Force and Navy activities located in Hawaii and throughout the Pacific; Army customers in Alaska; and Marine Corps customers in Okinawa and Saudi Arabia. DDJC also accepts cleared, air-eligible shipments, except as excluded below, for Army activities throughout the Pacific and Alaska and for Navy OCONUS shipments, except CASREP shipments, throughout the Pacific and Hawaii under BBP code 307.
C. Distribution Depot Susquehanna PA (DDSP) SW3123, formerly W25N14, accepts surface shipments, except as excluded below, for Army and Air Force activities located in Northern and Southern Europe, Africa, South America, Central America. DDSP also accepts cleared, air-eligible shipments, except as excluded below, for Army activities throughout Northern and Southern Europe, Africa, South and Central America.
CARGO EXCLUDED FROM DLA CONSOLIDATION AND CONTAINERIZATION ACTIVITIES
The following material and/ or shipment types should not be routed to a DLA consolidation and containerization activity:
1. Release unit (RU) shipment or combination of LRU’s which economically (by cube or weight) fill a seavan for a single consignee or overseas breakbulk activity.
1. Single items oversize to a forty-foot seavan (maximum item dimensions L= 456” x W = 89” x H = 88”, or occupying 75 percent or more of the floor space in a 40-foot seavan).
1. Air –eligible item(s) outsized to a single 463L pallet (L = 96” x W = 87” x H = 90”); or over 10,000 lbs.; or containing hazardous material.
1. Navy CASREPS and Air Force and Marine Corps high-priority (TP1 or TP2 designated 999, 777, 555, N__, and E__, or RDD under 21 days (60 days USMC) which have not been downgraded to surface.
1. Foreign Military Sales (FMS) shipments (except authorized special projects).
1. Shipments consisting of material categorized as follows:
ITEM WATER COMMODITY CODE
Aircraft, unboxed……………………………..……………..………………………..…..(990-999) Arms, ammunition, explosives and radioactive waste…..……....…(40X-499;680-686) Baggage/household goods…..……………………………………………………....…(360-399) Boats (DDJC & DDSP can accept boats within the limits of paragraph 1b.)…(640-642) Bulk cargo, unpacked, dry or liquid……………………………………….…………..(200-299) Classified or intelligence mat’l…………………………………………………………….NA Controlled substances…………………………………………………..…(532/33;537-540/42) Mail..……………………………………………………………………………………..…..(610-619) Privately owned vehicles………………………………………………………….…….(300-359) Radioactive material (MILSTAMP Code A)………………………………..…………….NA Refrigerated cargo…………………………………………..………………………..…..(100-199) Special cargo………………………………………………………………………………...(800-899)
* DDJC & DDSP accept vehicles (except POVs) that can be loaded into a seavan or onto a flatrack.
Subsistence, perishable………………………………………………………….…….…(500-529) MILSTAMP “Type Cargo” code (APPENDIX F20-16)…………………A, C, D, F, I, J, P & S MILSTAMP “Special Handling” codes – Single Handling Condition (APPENDIX F20-18)…2, 3, 4, 5, 6, & 7
SHIPPING LABEL
The following may be cut out and used as a shipping label:
| W81EPB-6181-5001 XXX/TP_/RDD/ |
| DDJC CCP M/F: W91QVN-16-P-XXXX |
| 25600 S CHRISMAN RD WHSE 30 |
| TRACY CA 95304-9150 |
All lines of the address above must be used.
The TCN number, ending in XXX, is applicable to movement of the material in one complete shipment only.
The XXX denotes a total order, which has not been split. If shipment is made in two or more increments, the first increment shall bear the TCN followed by AXX in lieu of XXX. Subsequent shipments shall be marked with the same TCN followed by BXX, CXX, etc., with the final increment bearing a ZXX.
(Example: Two increments would be AXX and ZXX) Multiple boxes shipped at the same time must be labeled 1 of___ (total of boxes) 2 of _____, etc.
4. INSPECTION AND ACCEPTANCE: Receiving Officer or his authorized representative at the respective delivery point in Korea shall conduct inspection for condition, quality, quantity count, and final acceptance of the supplies delivered under this Purchase Order.
5. PAYMENT: All request for payment, invoicing, and payment status will be referred to addressee in Block # 18a of the SF 1449. All problems on payment of accounts will be directed to the same office. Telephonic inquiries maybe made between 8 AM to 11AM, Monday thru Friday. Phone: 011-822-7913-4587 (COMM), 723-4587 (DSN). E-mail inquiries should be sent to usarmy.yongsan.19-esc.mbx.175receivingreports@mail.mil
Payment will be made NET 30 days from date of receipt of invoice in paying office or acceptance of material/services by the local Receiving Officer in Korea, whichever is later.
6. NOTICE TO RECEIVING OFFICER: Upon receipt and acceptance of supplies, the Receiving Officer is responsible for preparing a receiving report. The Receiving Officer is required to input the receiving report to World Wide Web at https://wawf.eb.mil.
CAUTION: Failure to input the receiving report to WAWF on a timely basis may result in a loss of discount, in which event the Receiving Officer is required to furnish reasons for delay so that proper documentation maybe made to explain the loss.
7. RECEIVING OFFICER’S NOTIFICATION TO PURCHASING ACTIVITY OF NON-RECEIPT, DAMAGE OR NON-CONFORMANCE: The Receiving Officer shall notify the Purchasing Office promptly after date of delivery specified in the purchase order, of supplies not received, damaged in transit, or not conforming to specifications of the purchase order. Only under extenuating circumstances should such notification be made later than 15 days after specified date of delivery.
8. NOTE: Contractor shall ensure that a copy of Government Purchase/Delivery Order (SF 1449 or DD1155) is included in Packing List/Invoice ATTACHED to the outside of the shipping container.
9. INVOICES SUBMITTAL: The Contractor shall submit the invoice IAW 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports to World Wide Web input at https://wawf.eb.mil.
CLAUSES INCORPORATED BY REFERENCE
| 52.211-6 |
| Brand Name or Equal |
| AUG 1999 |
| 52.212-3 Alt I |
| Offeror Representations and Certifications--Commercial Items (APR 2016) Alternate I |
| OCT 2014 |
| 52.212-5 |
| Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items |
| JUN 2016 |
| 52.225-14 |
| Inconsistency Between English Version And Translation Of Contract |
| FEB 2000 |
| 52.232-40 |
| Providing Accelerated Payments to Small Business Subcontractors |
| DEC 2013 |
| 52.247-34 |
| F.O.B. Destination |
| NOV 1991 |
| 252.204-7003 |
| Control Of Government Personnel Work Product |
| APR 1992 |
| 252.204-7012 |
| Safeguarding Covered Defense Information and Cyber Incident Reporting. |
| DEC 2015 |
| 252.211-7003 |
| Item Unique Identification and Valuation |
| MAR 2016 |
| 252.213-7000 |
| Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System--Statistical Reporting in Past Performance Evaluations |
| JUN 2015 |
| 252.225-7041 |
| Correspondence in English |
| JUN 1997 |
| 252.232-7008 |
| Assignment of Claims (Overseas) |
| JUN 1997 |
| 252.233-7001 |
| Choice of Law (Overseas) |
| JUN 1997 |
| 252.243-7001 |
| Pricing Of Contract Modifications |
| DEC 1991 |
CLAUSES INCORPORATED BY FULL TEXT
52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015) ALTERNATE I (MAR 2015)
(a) Definitions. As used in this clause— “Agent” means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the organization.
“Coercion” means—
(1) Threats of serious harm to or physical restraint against any person;
(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or
(3) The abuse or threatened abuse of the legal process.
“Commercial sex act” means any sex act on account of which anything of value is given to or received by any person.
“Commercially available off-the-shelf (COTS) item” means--
(1) Any item of supply (including construction material) that is—
(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
“Debt bondage” means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.
“Employee” means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.
“Forced labor” means knowingly providing or obtaining the labor or services of a person—
(1) By threats of serious harm to, or physical restraint against, that person or another person;
(2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or
(3) By means of the abuse or threatened abuse of law or the legal process.
“Involuntary servitude” includes a condition of servitude induced by means of—
(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or
(2) The abuse or threatened abuse of the legal process.
“Severe forms of trafficking in persons” means—
(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or
(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
“Sex trafficking” means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.
“Subcontract” means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.
“Subcontractor” means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.
“United States” means the 50 States, the District of Columbia, and outlying areas.
(b) Policy. The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking-related activities of this clause. Contractors, contractor employees, and their agents shall not—
(1) Engage in severe forms of trafficking in persons during the period of performance of the contract;
(2) Procure commercial sex acts during the period of performance of the contract;
(3) Use forced labor in the performance of the contract;
(4) Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee's identity or immigration documents, such as passports or drivers' licenses, regardless of issuing authority;
(5)(i) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a format and language accessible to the worker, basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant cost to be charged to the employee, and, if applicable, the hazardous nature of the work;
(ii) Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place;
(6) Charge employees recruitment fees;
(7)(i) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment--
(A) For an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract (for portions of contracts performed outside the United States); or
(B) For an employee who is not a United States national and who was brought into the United States for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee (for portions of contracts performed inside the United States); except that--
(ii) The requirements of paragraphs (b)(7)(i) of this clause shall not apply to an employee who is--
(A) Legally permitted to remain in the country of employment and who chooses to do so; or
(B) Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or pay for the cost of return transportation;
(iii) The requirements of paragraph (b)(7)(i) of this clause are modified for a victim of trafficking in persons who is seeking victim services or legal redress in the country of employment, or for a witness in an enforcement action related to trafficking in persons. The contractor shall provide the return transportation or pay the cost of return transportation in a way that does not obstruct the victim services, legal redress, or witness activity. For example, the contractor shall not only offer return transportation to a witness at a time when the witness is still needed to testify. This paragraph does not apply when the exemptions at paragraph (b)(7)(ii) of this clause apply.
(8) Provide or arrange housing that fails to meet the host country housing and safety standards; or
(9) If required by law or contract, fail to provide an employment contract, recruitment agreement, or other required work document in writing. Such written work document shall be in a language the employee understands. If the employee must relocate to perform the work, the work document shall be provided to the employee at least five days prior to the employee relocating. The employee's work document shall include, but is not limited to, details about work description, wages, prohibition on charging recruitment fees, work location(s), living accommodations and associated costs, time off, roundtrip transportation arrangements, grievance process, and the content of applicable laws and regulations that prohibit trafficking in persons.
(c) Contractor requirements. The Contractor shall—
(1) Notify its employees of—
(i) (A) The United States Government's policy prohibiting trafficking in persons described in paragraph (b) of this clause; and
(B) The following directive(s) or notice(s) applicable to employees performing work at the contract place(s) of performance as indicated below:
Document Title: USFK Regulation 190-2 Document may be obtained from: http://8tharmy.korea.army.mil/g1_AG/Programs_Policy/UploadedFile/USFK/USFK_Reg_190-2_Off-Limits_Areas_and_Establishmentse.pdf Applies Performance to in/at: Republic of Korea
Document Title: USFK Command Policy Letter #12 Document may be obtained from: http://www.usfk.mil/usfk/Uploads/140/USFK%20CPL12.pdf Applies Performance to in/at: Republic of Korea
(ii) The actions that will be taken against employees or agents for violations of this policy. Such actions for employees may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment; and
(2) Take appropriate action, up to and including termination, against employees, agents, or subcontractors that violate the policy in paragraph (b) of this clause.
(d) Notification. (1) The Contractor shall inform the Contracting Officer and the agency Inspector General immediately of—
(i) Any credible information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, subcontractor employee, or their agent has engaged in conduct that violates the policy in paragraph (b) of this clause (see also 18 U.S.C. 1351, Fraud in Foreign Labor Contracting, and 52.203-13(b)(3)(i)(A), if that clause is included in the solicitation or contract, which requires disclosure to the agency Office of the Inspector General when the Contractor has credible evidence of fraud); and
(ii) Any actions taken against a Contractor employee, subcontractor, subcontractor employee, or their agent pursuant to this clause.
(2) If the allegation may be associated with more than one contract, the Contractor shall inform the contracting officer for the contract with the highest dollar value.
(e) Remedies. In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (c), (d), (g), (h), or (i) of this clause may result in—
(1) Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract;
(2) Requiring the Contractor to terminate a subcontract;
(3) Suspension of contract payments until the Contractor has taken appropriate remedial action;
(4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non-compliance;
(5) Declining to exercise available options under the contract;
(6) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or
(7) Suspension or debarment.
(f) Mitigating and aggravating factors. When determining remedies, the Contracting Officer may consider the following:
(1) Mitigating factors. The Contractor had a Trafficking in Persons compliance plan or an awareness program at the time of the violation, was in compliance with the plan, and has taken appropriate remedial actions for the violation, that may include reparation to victims for such violations.
(2) Aggravating factors. The Contractor failed to abate an alleged violation or enforce the requirements of a compliance plan, when directed by the Contracting Officer to do so.
(g) Full cooperation.
(1) The Contractor shall, at a minimum—
(i) Disclose to the agency Inspector General information sufficient to identify the nature and extent of an offense and the individuals responsible for the conduct;
(ii) Provide timely and complete responses to Government auditors' and investigators' requests for documents;
(iii) Cooperate fully in providing reasonable access to its facilities and staff (both inside and outside the U.S.) to allow contracting agencies and other responsible Federal agencies to conduct audits, investigations, or other actions to ascertain compliance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. chapter 78), E.O. 13627, or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor; and
(iv) Protect all employees suspected of being victims of or witnesses to prohibited activities, prior to returning to the country from which the employee was recruited, and shall not prevent or hinder the ability of these employees from cooperating fully with Government authorities.
(2) The requirement for full cooperation does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not—
(i) Require the Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine;
(ii) Require any officer, director, owner, employee, or agent of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; or
(iii) Restrict the Contractor from—
(A) Conducting an internal investigation; or
(B) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.
(h) Compliance plan.
(1) This paragraph (h) applies to any portion of the contract that—
(i) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United States; and
(ii) Has an estimated value that exceeds $500,000.
(2) The Contractor shall maintain a compliance plan during the performance of the contract that is appropriate—
(i) To the size and complexity of the contract; and
(ii) To the nature and scope of the activities to be performed for the Government, including the number of non-United States citizens expected to be employed and the risk that the contract or subcontract will involve services or supplies susceptible to trafficking in persons.
(3) Minimum requirements. The compliance plan must include, at a minimum, the following:
(i) An awareness program to inform contractor employees about the Government's policy prohibiting trafficking-related activities described in paragraph (b) of this clause, the activities prohibited, and the actions that will be taken against the employee for violations. Additional information about Trafficking in Persons and examples of awareness programs can be found at the Web site for the Department of State's Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/j/tip/.
(ii) A process for employees to report, without fear of retaliation, activity inconsistent with the policy prohibiting trafficking in persons, including a means to make available to all employees the hotline phone number of the Global Human Trafficking Hotline at 1-844-888-FREE and its email address at help@befree.org.
(iii) A recruitment and wage plan that only permits the use of recruitment companies with trained employees, prohibits charging recruitment fees to the employee, and ensures that wages meet applicable host-country legal requirements or explains any variance.
(iv) A housing plan, if the Contractor or subcontractor intends to provide or arrange housing, that ensures that the housing meets host-country housing and safety standards.
(v) Procedures to prevent agents and subcontractors at any tier and at any dollar value from engaging in trafficking in persons (including activities in paragraph (b) of this clause) and to monitor, detect, and terminate any agents, subcontracts, or subcontractor employees that have engaged in such activities.
(4) Posting.
(i) The Contractor shall post the relevant contents of the compliance plan, no later than the initiation of contract performance, at the workplace (unless the work is to be performed in the field or not in a fixed location) and on the Contractor's Web site (if one is maintained). If posting at the workplace or on the Web site is impracticable, the Contractor shall provide the relevant contents of the compliance plan to each worker in writing.
(ii) The Contractor shall provide the compliance plan to the Contracting Officer upon request.
(5) Certification. Annually after receiving an award, the Contractor shall submit a certification to the Contracting Officer that—
(i) It has implemented a compliance plan to prevent any prohibited activities identified at paragraph (b) of this clause and to monitor, detect, and terminate any agent, subcontract or subcontractor employee engaging in prohibited activities; and
(ii) After having conducted due diligence, either—
(A) To the best of the Contractor's knowledge and belief, neither it nor any of its agents, subcontractors, or their agents is engaged in any such activities; or
(B) If abuses relating to any of the prohibited activities identified in paragraph (b) of this clause have been found, the Contractor or subcontractor has taken the appropriate remedial and referral actions.
(i) Subcontracts.
(1) The Contractor shall include the substance of this clause, including this paragraph (i), in all subcontracts and in all contracts with agents. The requirements in paragraph (h) of this clause apply only to any portion of the subcontract that—
(A) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United States; and
(B) Has an estimated value that exceeds $500,000.
(2) If any subcontractor is required by this clause to submit a certification, the Contractor shall require submission prior to the award of the subcontract and annually thereafter. The certification shall cover the items in paragraph (h)(5) of this clause.
(End of clause)
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://acquisition.gov/far/index.html http://www.acq.osd.mil/dpap/dars/dfars/
(End of provision)
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://acquisition.gov/far/index.html http://www.acq.osd.mil/dpap/dars/dfars/
252.209-7999 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILTIY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION 2012-00004) (JAN 2012)
1. In accordance with sections 8124 and 8125 of Division A of the Consolidated Appropriations Act, 2012, (Pub. L. 112-74) none of the funds made available by that Act may be used to enter into a contract with any corporation that-
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
1. The Offeror represents that –
(1) It is ( ) is not ( ) a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with authority responsible for collecting the tax liability,
(2) It is ( ) is not ( ) a corporation that was convicted of a felony criminal violation under a federal law within the preceding 24 months.
(End of provision)
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.
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause--
Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.
Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
"Combo"
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
FOB Destination
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table* Field Name in WAWF Data to be entered in WAWF
| Pay Official DoDAAC | W56GBU | ||
| Issue By DoDAAC | W91QVN | ||
| Admin DoDAAC | W91QVN | ||
| Inspect By DoDAAC | W81EPB | ||
| Ship To Code | W81EPB | ||
| Ship From Code | W81EPB | ||
| Mark For Code | W81EPB | ||
| Service Approver (DoDAAC) | W81EPB | ||
| Service Acceptor (DoDAAC) | W81EPB | ||
| Accept at Other DoDAAC | W81EPB | ||
| LPO DoDAAC | N/A | ||
| DCAA Auditor DoDAAC | N/A | ||
| Other DoDAAC(s) | N/A |
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
https://wawf.eb.mil
(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
N/A
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
5152.204-4032 REPRESENTATIONS AND CERTIFICATIONS
(a) SUBCONTRACTING:
If the offeror contemplates subcontracting, it must obtain prior written approval of subcontractor from the PCO or ACO, and list below: (1) the names and addresses of the subcontractor(s), (2) the type of subcontracting, and (3) the estimated price for each subcontract.
(b) AFFILIATED OFFERORS:
(1) Business concerns are affiliates of each other when, either directly or indirectly, one concern controls or has the power to control the other, or a third party controls or has the power to control both.
(2) Each offeror shall furnish, below, the following information:
(i) Whether the offeror has any affiliates;
(ii) The names and addresses of all affiliates of the offeror; and
(iii) The names and addresses of all persons and concerns exercising control or ownership of the offeror and any or all of its affiliates, and whether they are common officers, directors, stockholders holding controlling interest, or otherwise.
AFFILIATED CONCERNS. : (Name, location and, in detail, controlling interest in each)
(c) PRINCIPAL OWNER(S) OR STOCKHOLDER(S):
Each offeror shall list below the name(s) and address(es) of the principal owner(s) or stockholder(s) of the company and percentage of ownership. If a major portion is publicly traded and/or otherwise widely distributed, state that, with the percentage so affected.
(d) STANDARDS OF CONDUCT CERTIFICATION:
This is to certify that, to the best of my knowledge and belief, except as described below, no representative of this firm who deals with US Government employees on any aspect of this procurement is a former US Government employee, to include former US military personnel. I understand that this certification is continuing in nature and places a duty on me and my firm to notify the Contracting Officer of any additional individual(s) who fit the above description prior to the individual's assuming duties.
(i) Name ______________________________________________ Former rank/grade ____________________________________ Last US Government position ___________________________
(ii) Name ______________________________________________ Former rank/grade ____________________________________ Last US Government position ___________________________
(iii) Name ______________________________________________ Former rank/grade ____________________________________ Last US Government position ___________________________
Firm ____________________________________________________ Name _____________________________________________________ Signature __________________________________________________
Title _____________________________________________________ Date of Execution ____________________________________________
(e) TAXES:
(1) References:
(i) Contract clause entitled "FAR 52.229-06 Taxes—Foreign Fixed-Price Contracts (Jan 1991)."
(ii) US-ROK Status of Forces Agreement (SOFA), Articles IX and XVI.
(iii) ROK Customs Law, Law No. 1976, promulgated on 29 November 1967, as amended.
(iv) ROK Value Added Tax Law, Law No. 2934, promulgated on 22 December 1976 (effective date 1 July 1977), as amended.
(v) ROK Special Excise Tax Law, Law No. 2935, promulgated on 22 December 1976 (effective date 1 July 1977), as amended.
(2) Contractor shall state the types and estimated amount of taxes that would normally apply to such transactions but are excluded from this proposal.
(i) Customs Tax (except for ROK MND-funded contracts or delivery orders):
Name Number Cost/Unit of Item of Units w/o Tax % of Tax Tax/Unit Tax Total
This item will be imported specifically for this contract? Yes _____ No _____
(ii) Special Excise Tax:
Name Number Cost/Unit of Item of Units w/o Tax % of Tax Tax/Unit Tax Total
Name of item manufacturer
(iii) Value Added Tax (VAT):
Input VAT on materials purchased for this contract. 10% _____ Input VAT on transportation leased/rented for this contract.10% _____ Input VAT on equipment leased/rented for this contract. 10% _____ Input VAT on services purchased for this contract. 10% _____ Output VAT on total contract amount. 10% _____
(iv) Special Excise (Petroleum) Tax:
No. of U/P Liters w/o Tax Tax/Unit Total Tax Amount Regular Gasoline ________ (L) ________ w________ w_____________ Premium Gasoline ________ (L) ________ w________ w_____________ Diesel ________ (L) ________ w________ w_____________ Other ________ (L) ________ w________ w_____________
(v) Education Tax.
(3) Name of the oil company from which POL products will be purchased:
Oil Company: _________________________________________ (Name only)
(4) I certify by this submission that all supplies and services to be purchased for this contract have been proposed exclusive of Value Added Tax, applicable Customs Tax (except ROK MND-funded contracts and delivery orders), Special Excise Tax, and Education Tax.
Signed (Chop)
(f) CERTIFICATIONS AND REPRESENTATIONS
By submitting an offer, each offeror agrees to be bound by all certifications and representations in this solicitation. The Government reserves the right to require any and all certifications and representations to be completed and signed in hard copy by the successful offeror prior to contract award. Failure of an offeror to complete the certifications and representations within the time directed by the Contracting Officer may result in a determination that the contractor is not a responsible offeror for this acquisition.
5152.229-4012 TAX EXEMPTION, CUSTOMS, REPUBLIC OF KOREA
(a) EXEMPTION: This clause is in implementation of Article IX of the Status of Forces Agreement between the Republic of Korea and the United States of America granting contractors exemption from Republic of Korea customs duties and other such charges. At the time this contract is awarded, the Contractor shall certify to the Contracting Officer that all materials, supplies, and equipment to be imported for the contract have been proposed to the Government exclusive of customs duties and other such charges and; further, that the contract price includes no customs duty whatsoever. It shall indicate to the Contracting Officer the total amount of customs duties excluded from the contract price. The USFK Contracting Officer will verify the amount of customs duty that would otherwise be applicable to the contract and will issue USFK Form(s) 75 to the Contractor. The contractor will submit the original USFK Form 75 to the governing ROK Customs Office at the time of import declaration. The Chief of the Customs Office will review the USFK Form 75 and will exempt the Contractor from customs duties and other such charges. During the review process the customs office will post on the Contractor's Import Permit the anticipated submission date for a completed USFK Form 76, which will be prepared by the Contracting Officer and given to the contractor immediately after contract performance. The Contractor will submit the original USFK Form 76 to the governing ROK Customs Office no later than the date posted on the Import Permit. If the USFK Form 76 is not submitted by the anticipated date, the ROK Customs Office will immediately collect the customs duties and other such charges previously exempted.
(b) If for any reason the Contractor has paid customs duties on materials, supplies, or equipment prior to award of this contract and desires to use such materials, supplies, or equipment for performance of this contract, the Contractor must exclude such duties from the contract price and may obtain refund of such previously paid duties by submitting a completed USFK Form 76 to the governing ROK Customs Office.
(c) Refund: Any Contractor that requires refund of customs duties and other such charges on items used for USFK contracts, can claim refund of such charges by submitting a copy of a completed USFK Form 76 to the governing ROK Customs Office
(d) This entire clause is inapplicable to contracts, or any portions of contracts, funded by the Republic of Korea.
5152.229-4013 TAX EXEMPTION, SPECIAL EXCISE TAX, REPUBLIC OF KOREA
This clause is in implementation of Article XVI of the Status of Forces Agreement between the Republic of Korea and the United States, granting Contractors exemption from Republic of Korea Special Excise Taxes. At the time this contract is awarded the Contractor shall indicate to the Contracting Officer which items will be purchased for the contract that are subject to Special Excise Tax. It shall indicate the name of the item, the number of units to be purchased, the cost per unit without tax, the percentage of tax, the tax amount per unit, the total tax, and the manufacturer of the item. The Contracting Officer will verify the reasonableness of the quantities claimed and ensure that the Contractor has certified that the contract price excludes Special Excise Tax on those items subject to the tax. The contractor shall purchase the special-excise-taxed items from the manufacturer, tax-inclusive. For construction and single-delivery type supply and service contracts, the contractor shall employ the following procedure: At the time it purchases the items it shall present the manufacturer with a notification letter requesting refund of the Special Excise Tax. (Copies of this letter can be obtained from the 411th CSB, Korea Contracting Officer.) The manufacturer will endorse the letter to the manufacturer's District Tax Office which will make refund to the manufacturer. The manufacturer will make subsequent refund to the Contractor.
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