B08-W91RUS-20-R-0186-0001.pdf
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- MAIN COMMUNICATIONS FACILITY UNINTERUPTED POWER Federal contract opportunity
- Solicitation number
- W91RUS20R0186
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W91RUS20R0186
SEE ADDENDUM
(No Collect Calls)
W91RUS20R0186 15-Jul-2020
b. TELEPHONE NUMBER
520-533-1993
8. OFFER DUE DATE/LOCAL TIME
09:00 AM 03 Aug 2020
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA X ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
W91RUS9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
KEITH HITCHINS
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
0011515374
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED ORX
SMALL BUSINESS
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
ACC-APG
2133 CUSHING, BLDG 61801 RM 2637
FORT HUACHUCA AZ 85613
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE W91U0D 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
0160 SC HHC HHC STRAT SIG B
0160 SC HHC HHC STRAT SIG B
OPERATION SPARTAN SHIELD
CAMP ARIFJAN
KUWAIT CITY
TEL: 520-538-7346 FAX:
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
1,250
NAICS:
335911
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF46
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
Statement of Objectives (MCF UPS Battery) 54th SIG BN Page 3 of 10
Section SF 30 - BLOCK 14 CONTINUATION PAGE
ADDENDUM
INSTRUCTIONS TO OFFEROR-COMMERCIAL ITEMS.
1. Please fill in (write/type) On the First Page of the Government 1449 Solicitation, Blocks 17a, 30a, 30b, 30c.
2. Fill in ALL Pricing and All Applicable TAXES on ALL Line Items (CLINs). Please TOTAL ALL CLINs, IN YOUR QUOTE to show an overall FINAL Price and include ALL shipping charges as FOB Destination. Attachment(s) to the SF 1449 please ensure your cost on the attachment matches your FedBid entry, if applicable.
3. Include the delivery lead-time.
4. Provide the following information with your offer:
e. POC Name: __________________________________
f. POC Phone Number: _________________
g. POC E-Mail: ___________________________
5. The Government will award a Firm Fixed-Price contract resulting from this solicitation on an all or none basis. The offer shall meet all terms and conditions of the solicitation and shall detail the offered solution in their quote or attach a data specification sheet.
6. Complete the Following Clauses (located below in the Contract Clauses).
a. FAR clause 52.212-3 “Offeror Representations and Certifications” Commercial Items. Section B of this clause still needs to be completed in its entirety and returned to the contracting office with your quote.
7. This requirement will be paid using Wide Area Work Flow.
8. Quote/Proposal shall be received electronically via e-mail keith.d.hitchins.civ@mail.mil not later than 10:00AM local AZ time, on Monday 03 August 2020.
9. Questions about the solicitation are to be directed through keith.d.hitchins.civ@mail.mil before the offer due date of 22 July 2020.
Additional Information
1. Vendor invoicing shall not be submitted prior to proof of delivery that items have been received.
2. The CLINs in this schedule is to purchase new equipment to augment existing command-owned and operated Manufacturer equipment currently being used. Seller certifies that it is a
Statement of Objectives (MCF UPS Battery) 54th SIG BN Page 4 of 10
Manufacturer Authorized Channel as of the date of the submission of its Bid, and that it has the certification/specialization level required by Manufacturer to maintain both the equipment, in accordance with applicable Manufacturer certification/specialization requirements
3. Per DFARS 252.232-7003 Electronic Submission of Payment Requests, the vendor shall submit combination payment requests (invoice and receiving report) using Wide Area Work Flow (WAWF). Receipt and Acceptance (WAWF-RA) or other methods authorized by the Contracting Officer. Failure to comply could result in delayed payment.
4. Please provide a detailed breakdown or narrative of what is being provided to Meet the requirement. Do not copy and paste the line item information from the RFQ to your bid as this MAY classify a bid unsuccessful in the technical Evaluation process. We require detailed descriptive information on all bids.
5. ONLY THE CONTRACTING OFFICER (KO) CAN MAKE CHANGES TO THE
CONTRACT/DELIVERY ORDER/PURCHASE ORDER
PICTURES
Statement of Objectives (MCF UPS Battery) 54th SIG BN Page 5 of 10
Statement of Objectives (MCF UPS Battery) 54th SIG BN Page 6 of 10
Statement of Objectives (MCF UPS Battery) 54th SIG BN Page 7 of 10
Statement of Objectives (MCF UPS Battery) 54th SIG BN Page 8 of 10
Statement of Objectives (MCF UPS Battery) 54th SIG BN Page 9 of 10
Section SF 1449 - CONTINUATION SHEET
STATEMENT OF OBJECTIVES
STATEMENT OF
OBJECTIVES FOR
54TH SIGNAL BATTALION
REMOVAL, DISPOSAL, &
INSTALLATION
OF
MAIN COMMUNICATIONS FACILITY UNINTERUPTED POWER
SUPPLY BATTERIES
AT
CAMP ARIFJAN, KUWAIT
Statement of Objectives (MCF UPS Battery) 54th SIG BN Page 10 of
FY’20
STATEMENT OF OBJECTIVES
Camp Arifjan, Kuwait (54th Signal Battalion)
I. INTRODUCTION
1. The 54th Signal Battalion (SB) has a requirement for the removal, disposal, procurement, and installation of GNB Uninterrupted Power Supply batteries to support the 54th SB Main Communication Facility (MCF) Bldg 224.
II. SCOPE
1. Batteries installed are “Sprinter” XP6V2800 (6V @2780W 10 minutes). Manufactures say battery life is around 10 to 12 years. NETCOM experience is that batteries seem to start failing around 5 years. Batteries have been in place for 7 years. The batteries condition is currently unknown and hard to determine with the battery monitoring system in its current state. The batteries and charging status is monitored by the BAC system.
2. The unit had been advised to make determination if all batteries need to be replaced by comparing number of good vs bad batteries. Reconfigure batteries to support 2 UPS modules and total load of 500 kW for 20 minutes for each A & B sides. This should reduce required number of batteries by at least 1/3, but most likely by 2/3. Due to age of 7 years batteries will most likely require replacement. Recommend replacing one string UPS A and one string UPS B (600 batteries) this year.
III. TASK OBJECTIVES STATEMENT
1. Remove and disposal of current UPS batteries in place.
2. Procure and install new UPS batteries.
IV. DESCRIPTION OF SERVICES
Site Preparation Works:
Perform site visit and conduct a site preparation with Requiring Activity and the necessary required base entities to ensure that the work to be performed does not interfere with existing utilities and services (i.e., electrical, water, sewer, etc.). Contractor may visit the 54th Signal Battalion, during normal business hours (09:00 a.m. through 17:00 p.m.) to inspect the current conditions. Coordinate inspection with Ms. Kanika Wrice at (965) 9788-6027 or kanika.s.wrice.civ@mail.mil or Ms. Kenyaa Flanders at (965) 9986-4382 or kenyaa.l.flanders.civ@mail.mil.
Statement of Objectives (MCF UPS Battery) 54th SIG BN Page 11 of
Basic Services:
1. Provide all management, tools, supplies, equipment, and labor necessary to remove and dispose current batteries and install new batteries.
2. Provide a 1 year warranty on installation and provide manufacturers commercial warranty of all items installed. The warranty will start on the day the Government accepts the entire project. During this warranty period, the contractor shall provide on-site technical support to repair, service, add, and/or replace any system related equipment, and resolve any technical issues that may arise. Contractor shall respond to warranty calls within 48 hours of notification.
3. Provide a back up power source, such as a battery, that will provide an uninterrupted four hours of power. This back up power source must be connected to provide a 30 minute battery failure notification prior to battery failing.
4. The contractor is responsible for all equipment necessary to meet the requirements and objectives of this Statement of Objectives (SOO) to include, but not limited to: servers, racks, workstations, encoders, displays, racks, UPS, switches, etc. In addition, the contractor shall provide any material equipment necessary to complete the removal, disposal, and installation, this can include ladders, lifts, hoists, power tools, safety gear or other equipment, tools, supplies necessary to complete installation and provide necessary testing of all installed components.
5. All equipment provided, and the installation of the batteries shall comply with the manufacturer’s specifications and instructions.
6. Must be an authorized/certified technician/installer for the equipment being purchased and installed. The contractor will assign employees who possess certification to handle all required product installation tasks to meet OSHA, base safety requirements and annunciator certification standards.
7. Develop a removal, disposal, and installation schedule and coordinate it with the Contracting Officer’s Representative (COR) prior to work being accomplished. The contractor shall obtain an agreed upon schedule time period from the Government.
Battery Requirements:
1. See enclosed ‘54th SB (MCF UPS Batteries) Salient Characteristics Data Sheet’
Statement of Objectives (MCF UPS Battery) 54th SIG BN Page 12 of
V. REQUIREMENTS
1. The is a 100% Installation contract for the 54th Signal Battalion at Camp Arifjan, Kuwait.
The United States Government (USG) shall appoint a Contracting Officer’s Representative (COR) to verify materials/work/construction are in accordance with (IAW) the Statement of Objectives (SOO), contract drawings and specifications when applicable.
2. The USG shall not exercise any supervision or control over the prime Contractor’s Subcontractors performing the work described herein. Such subcontractors shall be accountable solely to the Contractor who, in turn, is responsible to the USG.
3. The contract drawings, specifications, and SOO are written with the understanding that the vendor owns the subjected facilities to be refurbished. The vendor will therefore complete base line items at no additional cost to the government to ensure it meets the requirements for the requesting agency (RA), US Army. Baseline items include but are not limited to removing debris, assessing and repairing electrical components, etc. Any additional items shall be performed in conjunction with baseline items as stated herein.
4. The contractor is responsible for the storage and safekeeping, when applicable, of all material to be used in the work including the purchase of all adhesives, transition strips, and other sundry items.
5. The contractor is responsible for acceptance of all shipped items verifying accuracy, and rejection of all incorrect, blemished and/or substandard items, including replacement reordering.
6. The contractor will certify that all items are accounted for and no damages exist. The contractor will submit any claim to the transportation company for concealed and non-concealed damages.
7. Materials will be received by the contractor at his/her own facility. Contractor is to be responsible for all unloading of material into government storage, when applicable, as well as all transportation/handling costs including final delivery to job site and setup.
8. Materials are to be delivered to the site in undamaged condition and stored in an approved storage area, when applicable. Materials shall be labeled for ready identification including manufacturer, and name and number of product.
9. The contractor must make every attempt to protect all government and non-government property and personnel on base from inconvenience and damage or injury.
VI. CONSTRAINTS AND RISKS
Statement of Objectives (MCF UPS Battery) 54th SIG BN Page 13 of
1. N/A
VII. DELIVERABLES
No.
Part Number
Brand or Equivalent
QTY
1 NAXP062800HP0FA (GNB “Sprinter” XP6V2800 Battery) GNB 600
VIII. TYPE OF ORDER
The government anticipates award of a Firm Fixed Price contract.
IX. PERIOD OF PERFORMANCE
Not applicable. Request Task Objectives to be complete upon delivery.
X. PLACE OF PERFORMACE
The primary place(s) of performance is/are as follows:
Camp Arifjan, Kuwait – Zone 1
Some activities within this statement of objectives may be performed at other locations rather than the primary place of performance. The contractor must seek Contracting Officer (CO) approval for any location not designated as the primary place of performance and for any remote work arrangements.
XI. RECOGNIZED HOLIDAYS
New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day
In addition to the days designated as holidays, the Government observes the following days:
Any other day designated by Federal Statute Any other day designated by Executive Order Any other day designated by a President's Proclamation
It is understood and agreed between the Government and the contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement to compensation except as set forth within the contract. If a contractor believes that an unplanned absence has an impact on the price or period of performance, it should notify the contracting officer (CO) of the changed condition and submit a claim for equitable adjustment (see FAR 52.233-1).
Nothing in this clause abrogates the rights and responsibilities of the parties relating to "stop
Statement of Objectives (MCF UPS Battery) 54th SIG BN Page 14 of work" provisions as cited in other sections of this contract.
XII. TRAINING AND TRAVEL
Not applicable.
XIII. GOVERNMENT FURNISHED PROPERTY/INFORMATION
Not applicable.
XIV. CONTRACTING OFFICER’S REPRESENTATIVE AND TASK MANAGER
In accordance with Section G.2 (CAR Clause 1352.201-72, Contracting Officer’s Technical Representative and Assistant COTR), the designated COR for this order will be provided at time of award.
Contracting Officer’s Representative: Ms. Kenyaa Flanders Email: kenyaa.l.flanders.civ@mail.mil Phone: 011-965-6996-4273
XV. SECURITY REQUIREMENTS
1. The Contractor shall, after award of the contract, provide information on each employee who will be working at the USG site under the contract. Contractor shall include a list of workers and supervisors assigned to this project. Furnish passport copy, residence visa / work visa copy, and completed Form DS-174 for each of the personnel to facilitate clearance by USG security office. Security office will run background checks on these individuals. It is anticipated that it will take four (4) weeks to perform the background checks. Each of the personnel will be required to obtain local police clearance certificate as part of the background checks. The USG shall provide necessary request letter addressed to the police department.
2. Certain work areas will require a security escort and can only be entered during scheduled times. The Contractor shall coordinate with COR for work schedule in these areas. The Requiring Activity will provide the security requirements. The Contractor shall provide workers general work instructions to avoid accidental security violations.
3. The Contractor shall coordinate material and equipment deliveries with the COR who in turn will coordinate it with the Government security office for access approval. The Contractor shall provide vehicle and delivery personnel information in advance.
XVI. ACCOUNTING FOR CONTRACTOR SUPPORT
1. The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor shall report
Statement of Objectives (MCF UPS Battery) 54th SIG BN Page 15 of
ALL Contractor manpower (including subcontractor manpower) required for performance of this contract/task order. The Contractor is required to completely fill in all the information in the format using the following Web address: https://cmra.army.mil. The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officer's Representative; (2) Contract number, including task or delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor name, address, phone number, e-mail address, identity of Contractor employee entering data; (5) Estimated direct labor hours (including sub- Contractors); (6) Estimated direct labor dollars paid this reporting period (including sub- Contractors); (7) Total payments (including sub-Contractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by Contractor (and separate predominant FSC for each sub-Contractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the Contractor with its UIC for the purposes of reporting this information); (11) Locations where the Contractor and sub-Contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and (13) Number of Contractor and sub- Contractor employees deployed in theater this reporting period (by country). As part of its submission, the Contractor shall also provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period will be the period of performance not to exceed 12 months ending September 30 of each Government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a Contractor's systems to the secure website without the need for separate data entries for each required data element at the website. The specific formats for the XML direct transfer may be downloaded from the website.
2. The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Army via the eCMRA secure data collection site. The contractor is required to completely fill-in all required data fields within the eCMRA.
3. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2020. Contractors may direct questions to the help desk at:
http://www.ecmra.mil/.
XVII. CONTRACTOR GENERAL INFORMATION
1. General: The Contractor shall furnish all supplies, equipment, facilities and services
Statement of Objectives (MCF UPS Battery) 54th SIG BN Page 16 of
Required to perform work under this contract that are not listed under Section 3. The Contractor shall provide a listing of personnel requiring Installation Access to the COR. During the performance period of the contract, the Contractor shall, within seven (7) working days of any changes to the listing of the contract personnel authorized Installation Access, provide an updated listing to the COR who will provide the updated listing to the authorizing official. The Contractor shall provide liability insurance prior to the commencement of work for not less than the local and/ or Federal limits, whichever coverage is greater. The Contractor shall provide all appropriate licenses prior to the commencement of work.
2. DBA Proof of Insurance: The Contractor shall provide a policy of Defense Base Act Workers’ Compensation to the Contracting Officer. Performance may not start until the notice of a policy from Continental Insurance Co. has been received by the Contracting Officer. The DBA requirement also applies to all subcontractors performing under this PWS. If a subcontractor is performing work under this PWS, the Contractor shall provide evidence of subcontractor's DBA insurance to the Contracting Officer. Upon award, Contractor shall provide a DBA application to Rutherford by emailing application to sara.payne@rutherfoord.com so that a DBA policy may be issued. Application is at Attachment 2.
3. If the expiration date of the policy is before the performance ends, then prior to expiration, the Contractor shall provide a new policy or renewal of existing policy to cover the performance to the ending date of performance.
4. The Contractor shall keep posted in a conspicuous place in and about its place of business either a typewritten or printed notice on Forms LS-241 (Notice to Employees) or LS-242 (Notice to Employees for Self-Insured Employers). Such notice must also contain the name and address of the employer representative to whom notice of injury is given, and the carrier, if any, with whom the employer has secured payment of compensation and the date of the expiration of the policy. Posted notice shall be written in the language of the employees.
Additional information is available at http://www.dol.gov/dlhwc/lsdba.htm.
5. Sexual Assault and Sexual Harassment Policy: The contractor shall comply with and ensure all employees comply with the Sexual Assault and Sexual Harassment Policy outlined in Attachment 1 of this document. The contractor shall annually train all employees to prevent sexual assault and sexual harassment. This training must, at a minimum, ensure that all contractor employees understand the definitions and policy outlined in Attachment 1.
XVIII. MISC
1. Reserved
Statement of Objectives (MCF UPS Battery) 54th SIG BN Page 17 of
ATTACHMENT 1
Sexual Assault and Sexual Harassment Policy
(a) Definitions. As used in this policy – “Sexual Assault” means – A crime defined as intentional sexual contact, characterized by use of force, physical threat or abuse of authority or when the victim does not or cannot consent. Sexual assault includes rape, nonconsensual sodomy (oral or anal sex), indecent assault (unwanted, inappropriate sexual contact or fondling), or attempts to commit these acts. Sexual assault can occur without regard to gender or spousal relationship or age of victim. “Consent” will not be deemed or construed to mean the failure by the victim to offer physical resistance. Consent is not given when a person uses force, threat of force, or coercion or when the victim is asleep, incapacitated, or unconscious.
“Sexual Harassment” means – Gender discrimination that involves unwelcomed sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature between the same or opposite sex genders when such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creates an intimidating, hostile, or offensive working environment. Categories of sexual harassment are:
(1) Verbal – Examples include telling sexual jokes; using sexually explicit profanity, threats, sexually oriented cadences, or sexual comments; whistling in a sexually suggestive manner; and describing certain attributes of one’s physical appearance in a sexual manner.
(2) Nonverbal – Examples include staring at someone, blowing kisses, winking, or licking one’s lips in a suggestive manner. The term may also include printed material (for example, displaying sexually oriented pictures or cartoons); using sexually oriented screen savers on one’s computer; or sending sexually oriented notes, letters, faxes or email.
(3) Physical Contact – Examples include touching, patting, pinching, bumping, grabbing, cornering, or blocking a passageway; kissing; and providing unsolicited back or neck rubs.
(b) Policy. The Department of Defense has adopted a policy to prevent sexual assault and sexual harassment. Contractors and contractor employees in the Army Central Command (ARCENT) Area of Responsibility (AOR) shall not –
(1) Commit acts of sexual assault against any person on any camp, post, installation, or other United States enclave within the ARCENT AOR; or
(2) Sexually harass any person on any camp, post, installation, or other United States enclave within the ARCENT AOR.
(c) Contractor requirements. The Contractor shall –
(1) Notify its employees of –
(i) The Department of Defenses’ policy described in paragraph (b); and
(ii) The actions that will be taken against employees for violations of this policy.
Such actions may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment;
(2) Take appropriate action, up to and including termination, against employees or subcontractors that violate the policy in paragraph (b); and
(3) Annually train all employees to prevent sexual assault and sexual harassment. This training must, at a minimum, ensure that all contractor employees understanding the definitions outlined in paragraph (a) and the policy in paragraph (b). Each employee’s compliance with this training requirement shall be reported to the Contracting Officer’s Representative prior to the employee being allowed access to the worksite.
(d) Notification. The Contractor shall inform the Contracting Officer immediately of –
(1) Any information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, or subcontractor employee has engaged in conduct that violates this policy; and (2) Any actions taken against Contractor employees, subcontractors, or subcontractor employees pursuant to this policy.
(e) Remedies. In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (c), (d), or (f) of this policy 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;
(4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non-compliance;
(5) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or
(6) Suspension or debarment.
(f) Subcontracts. The Contractor shall include the substance of this policy, including this paragraph (f), in all subcontracts.
(g) Mitigating Factor. The Contracting Officer may consider whether the Contactor had a Sexual Assault Prevention and Response training program at the time of the violation as a mitigating factor when determining remedies. Additional information about Sexual Assault Prevention and Response training programs can be found at the Department of Defense Sexual Assault Prevention and Response Home Page, http://www.sapr.mil.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 600 Each Sprinter UPS Battery
FFP
See Statement of Objectives FOB: Destination
PURCHASE REQUEST NUMBER: 0011515374
PSC CD: 6140
NET AMT
0002 1 Each Removal Services
FFP
See Statement of Objectives FOB: Destination
0003 1 Each Disposal Services
FFP
See Statement of Objectives FOB: Destination
0004 1 Each Installation Services
FFP
See Statement of Objectives FOB: Destination
0005 1 Each Shipping & Handling
FFP
Shipping & Handling FOB: Destination
0006 1 Each DBA Insurance
FFP
DBA Insurance FOB: Destination
0007 1 Each Warranty
FFP
Warranty FOB: Destination
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 30 dys. ADC 600 0160 SC HHC HHC STRAT SIG B
0160 SC HHC HHC STRAT SIG B
OPERATION SPARTAN SHIELD
CAMP ARIFJAN
KUWAIT CITY
520-538-7346 FOB: Destination
W91U0D
0002 30 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
0003 30 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
0004 30 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
0005 30 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
0006 30 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
0007 30 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
JUN 2020
52.212-1 Instructions to Offerors--Commercial Items JUN 2020 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
JUN 2020
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.243-1 Changes--Fixed Price AUG 1987 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD
Officials.
DEC 2011
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
DEC 2019
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.247-7023 Alt II Transportation of Supplies by Sea (FEB 2019) Alternate II FEB 2019
CLAUSES INCORPORATED BY FULL TEXT
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A
FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not 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 an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(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 an 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.
(b) 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 the authority responsible for collecting the tax liability; and
(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)
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:
Award will be made on a lowest-priced technically acceptable basis (Considering the following two factors: technical, and price.) All offerors shall be considered in terms of price, lowest to highest, and then the apparent lowest-priced offeror will be evaluated for acceptability under the technical and price factors. If the lowest-price offeror is evaluated as unacceptable, the acceptability of the next lowest-price offeror will be evaluated, continuing this process as necessary.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options 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.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2020)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision --
“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Forced or indentured child labor" means all work or service-
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except--
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
“Sensitive technology”--
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned--
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.
The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
“Veteran-owned small business concern” means a small business concern--
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
“Women-owned small business concern” means a small business concern--
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or
(2) Whose management and daily business operations are controlled by one or more women.
“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.
[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.
(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-owned small business concern.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--
(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--
(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in…
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