Exercise Program Manager

The purpose of this amendment is to extend the closing date to 27 February 2015.

252.227-7020 RIGHTS IN SPECIAL WORKS (JUN 1995)

(a) Applicability. This clause applies to works first created, generated, or produced and required to be delivered under this contract.

(b) Definitions. As used in this clause:

(1) "Computer data base" means a collection of data recorded in a form capable of being processed by a computer. The term does not include computer software.

(2) "Computer program" means a set of instructions, rules, or routines recorded in a form that is capable of causing a computer to perform a specific operation or series of operations.

(3) "Computer software" means computer programs, source code, source code listings, object code listings, design details, algorithms, processes, flow charts, formulae and related material that would enable the software to be reproduced, recreated, or recompiled. Computer software does not include computer data bases or computer software documentation.

(4) "Computer software documentation" means owner's manuals, user's manuals, installation instructions, operating instructions, and other similar items, regardless of storage medium, that explain the capabilities of the computer software or provide instructions for using the software.

(5) "Unlimited rights" means the rights to use, modify, reproduce, perform, display, release, or disclose a work in whole or in part, in any manner, and for any purpose whatsoever, and to have or authorize others to do so.

(6) The term "works" includes computer data bases, computer software, or computer software documentation; literary, musical, choreographic, or dramatic compositions; pantomimes; pictorial, graphic, or sculptural compositions; motion pictures and other audiovisual compositions; sound recordings in any medium; or, items of similar nature.

(c) License rights.

(1) The Government shall have unlimited rights in works first produced, created, or generated and required to be delivered under this contract.

(2) When a work is first produced, created, or generated under this contract, and such work is required to be delivered under this contract, the Contractor shall assign copyright in those works to the Government. The Contractor, unless directed to the contrary by the Contracting Officer, shall place the following notice on such works:

"© (Year date of delivery) United States Government, as represented by the Secretary of (department). All rights reserved."

For phonorecords, the "©" marking shall be replaced by a "P".

(3) The Contractor grants to the Government a royalty-free, world-wide, nonexclusive, irrevocable license to reproduce, prepare derivative works from, distribute, perform, or display, and to have or authorize others to do so, the Contractor's copyrighted works not first produced, created, or generated under this contract that have been incorporated into the works deliverable under this contract.

(d) Third party copyrighted data. The Contractor shall not incorporate, without the written approval of the Contracting Officer, any copyrighted works in the works to be delivered under this contract unless the Contractor is the copyright owner or has obtained for the Government the license rights necessary to perfect a license of the scope identified in paragraph (c)(3) of this clause and, prior to delivery of such works-

(1) Has affixed to the transmittal document a statement of the license rights obtained; or

(2) For computer software, has provided a statement of the license rights obtained in a form acceptable to the Contracting Officer.

(e) Indemnification. The Contractor shall indemnify and save and hold harmless the Government, and its officers, agents and employees acting for the Government, against any liability, including costs and expenses, (1) for violation of proprietary rights, copyrights, or rights of privacy or publicity, arising out of the creation, delivery, use, modification, reproduction, release, performance, display, or disclosure of any works furnished under this contract, or (2) based upon any libelous or other unlawful matter contained in such works.

(f) Government-furnished information. Paragraphs (d) and (e) of this clause are not applicable to information furnished to the Contractor by the Government and incorporated in the works delivered under this contract.

(End of clause)

Amendment 02 - The purpose of this amendment is to post Government responses to contractor questions. In addition, the response date has been extended to 17 February 2015.

Amendment 01 - The purpose of this amendment is to include Attachment 002, Security Requirement Certification to this solicitation

Solicitation Number: HQ0236-15-T-0003

Subject:    Exercise Progam Manager Services

Notice Type:  Combined Synopsis/Solicitation

Date/Year:  January 16, 2015

Classification Code:  U008 Education and Training Services (Language Instructional Services)

NAICS Code:  611710 Educational Support Services

Contracting Office Address:  George C. Marshall Center

                                                Gernackerstrasse 2, Bldg. 112

                                                82467, Garmisch-Partenkirchen, Germany

Place of Performance:   Garmisch-Partenkirchen, Germany

Primary Point of Contact:  James Miller, email: james.f.miller1@marshallcenter.org

Secondary Point of Contact:  Jacqueline Garrido, e-mail:jacqueline.garrido@marshallcenter.org

Set-Aside Status:  None

Synopsis:

This is a combined synopsis/solicitation for Commercial Items prepared in accordance with the format prescribed in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation.  Quotes are requested and a written solicitation will not be issued.

The solicitation number is HQ0236-15-T-0003 and is being issued as a Request for Quote (RFQ).  The Defense Security Cooperation Agency (DSCA), George C. Marshall European Center for Security Studies (GCMC) in Garmisch-Partenkirchen, Germany, intends to award one commercial, firm fixed contract resulting from this combined synopsis/solicitation. All responsible sources may submit a quote which shall be considered by the agency.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-78, Effective 26 December 2014. The small business size standard is $10.0M. The GCMC intends to purchase professional non-personal services in support of the College for International Security Studies (CISS); which is part of the GCMC.  The GCMC is a joint US Department of Defense – German Ministry of Defense educational institution. 

SCHEDULE OF SUPPLIES AND SERVICES

CLIN 0001 – Exercise Program Manager Services
Base Year Period of Performance: 365 days from date of award
Price per month (indicate currency type): __________ X 12 months = ___________

CLIN 0002 - Base Year CLIN for Travel - Not-To-Exceed $3,600 (or foreign currency equivalent) for travel required in accordance with the Performance Work Statement. Reimbursement for travel expenses will be for the actual costs involved in the travel and must be supported with original receipts. Receipts are to be submitted with the contractor's invoices for payment. Airfare rates shall be limited to "Coach" fares. The Government will NOT pay for Business Class or First Class travel. All travel expenses, including lodging and meals, must be reasonable and in accordance with FAR 31.205-46. $3,600 for travel will be added to each offeror's price quote for award and comparison purposes.

CLIN 1001 – Exercise Program Manager Services
Option Year 1 Period of Performance: 365 days from end of Base period
Price per month (indicate currency type): __________ X 12 months = ___________

CLIN 1002 - Base Year CLIN for Travel - Not-To-Exceed $3,600 (or foreign currency equivalent) for travel required in accordance with the Performance Work Statement. Reimbursement for travel expenses will be for the actual costs involved in the travel and must be supported with original receipts. Receipts are to be submitted with the contractor's invoices for payment. Airfare rates shall be limited to "Coach" fares. The Government will NOT pay for Business Class or First Class travel. All travel expenses, including lodging and meals, must be reasonable and in accordance with FAR 31.205-46. $3,600 for travel will be added to each offeror's price quote for award and comparison purposes.

CLIN 2001 – Exercise Program Manager Services
Option Year 2 Period of Performance: 365 days from end of Option Year 1
Price per month (indicate currency type): __________ X 12 months = ___________

CLIN 2002 - Base Year CLIN for Travel - Not-To-Exceed $3,600 (or foreign currency equivalent) for travel required in accordance with the Performance Work Statement. Reimbursement for travel expenses will be for the actual costs involved in the travel and must be supported with original receipts. Receipts are to be submitted with the contractor's invoices for payment. Airfare rates shall be limited to "Coach" fares. The Government will NOT pay for Business Class or First Class travel. All travel expenses, including lodging and meals, must be reasonable and in accordance with FAR 31.205-46. $ for travel will be added to each offeror's price quote for award and comparison purposes.

SUBMISSION REQUIREMENTS.

The provision at FAR 52.212-1, Instructions to Offerors-Commercial Items, applies to this acquisition and is incorporated by reference.

After a review of the required Attachment 2 certification, quotes will be evaluated based on the stated evaluation factors.  Quotes that do not include certification that the proposed exercise program manager will meet the requirement as stated in the attachment will not be evaluated further.

The provision at FAR 52.212-2, Evaluation-Commercial Items applies to this acquisition and paragraph (a) is completed as follows:

52.212-2 EVALUATION - COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Factor 1. Technical Capability
Factor 2. Past Performance
Factor 3. Price

(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.

(d) The contractor must certify in their quote that they have 12 months or more residency established in Germany or that they are a U.S. citizen.  The certification, Attachment 2, must be included for each proposed personnel in order to be considered further.

EVALUATION FACTORS.

Factor 1, Technical Capability:

Submission Requirements:  The quoter shall provide a resume and supplemental documentation which demonstrates that the proposed candidate meets the minimum qualifications in section 5.5 of the Performance Work Statement and has the education and/or experience to perform all of the required tasks listed in the Performance Work Statement.

Evaluation Methodology: The Government will review the education and experience listed in quoter’s resume and/or supplemental documentation to determine how well the proposed candidate meets the requirements identified in section 5.5 of the Performance Work Statement and has the capability to perform all required tasks listed in the PWS.

Factor 2, Past Performance:

Submission Requirements:  Submission Requirements:  The quoter shall provide past performance information for the proposed exercise program manager.  (e.g. letters of recommendation, copies of supervisor feedback, performance evaluations) indicating the quality of services provided during the past three years.  Past performance information shall cover a minimum of 3 years. The quoter shall provide at least one reference for any project identified under the experience factor that has a performance period within the past three years.  The quoter shall complete the name of the proposed exercise program manager, as well as the company name (if applicable), and immediately forward the Past Performance Questionnaire (Attachment to the RFQ) for completion by references for projects cited under the experience factor.  Quoters shall request their references to return the past performance questionnaire to the George C. Marshall Center Contracting Division as soon as possible so that the Government receives as many references as possible on or before the due date for the receipt of quotes.  For each reference, the quoter shall use the past performance questionnaire included in the RFQ.

Evaluation Methodology:  The Government will evaluate the recency, relevancy, source of the information, context of the data, and general trends in the proposed exercise program manager’s past performance.  Recent/current performance is performance under contracts that are: (a) contracts which have been completed within the last 3 years from the date of issuance of the solicitation, or (b) contracts that are currently being performed (with performance record of at least one year from the date of issuance of this solicitation).  Past performance information that is found to be neither current nor recent will not be evaluated.  Relevant past performance under this requirement is defined as performance under contracts operating in similar working environments and contracts involving services that are considered to be similar in scope, magnitude and complexity when compared to the requirements described in this solicitation.  This evaluation is separate and distinct from the Contracting Officer’s responsibility determination.  The assessment of the proposed exercise program manager’s past performance will be used to evaluate how well he/she has performed similar services in the past.  Proposed exercise program manger’s lacking relevant past performance history will not be evaluated favorably or unfavorably for past performance.

Submission Requirements:  The Offeror shall enter a price per month for Exercise program manager services for the Base Period and all Option Year CLINs. All prices shall indicate the currency type.

Evaluation Methodology:  The Government will evaluate quotes for award purposes by adding the total price for the base period and all option years to determine the total proposed price for the requirement.  All prices, including options, will be evaluated for reasonableness in accordance with FAR 52.225-17, Evaluation of Foreign Currency Offers, as necessary.

SELECTION DECISION.

This acquisition will use trade-off analysis to make a best value selection decision. As such, the Government may award a contract to a contractor who has not proposed the lowest price or the highest rated technical submission. After a review of the required Attachment 2 certification, quotes will be evaluated based on the stated evaluation factors. Technical Capability and Past Performance factors are of equal importance. When combined, all technical factors are significantly more important than Price.

The clause at 52.212-4, Contract Terms and Conditions -Commercial Items applies to this acquisition and is incorporated by reference.

SPECIFIC REQUIREMENTS.

See the Performance Work Statement at Attachment 1 and Contractor Certification at Attachment 2

INSPECTION/ACCEPTANCE. 

All inspection/acceptance activities will be performed by the Government at the Government site.

ADDITIONAL CLAUSES INCORPORATED BY REFERENCE.

52.203-3 Gratuities

52.203-6 (ALT I) Restrictions on Subcontractor Sales to the Government

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

52.203-12 Limitation on Payments to Influence Certain Federal Transactions

52.204-4 Printed or Double-Sided on Recycled Paper
52.204-9 Personal Identity Verification of Contractor Personnel
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
52.209-6 Protecting the Government’s Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving

52.225-13 Restrictions on Certain Foreign Purchases
52.225-14 Inconsistency Between English Version And Translation Of Contract
52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran – Representations and Certifications

52.232-7—Payments Under Time and Materials and Labor-Hour Contracts

52.232-18 Availability of Funds

52.232-20 – Limitation on Cost
52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration
52.232-39 Unenforceability of Unauthorized Obligations

52.233-3 Protest After Award
52.233-4 Applicable Law for Breach of Contract Claim
252.203-7000 Requirements Relating to the Compensation of Former DoD Officials

252.204-7001 Commercial and Government Entity (CAGE) Code Reporting

252.204-7003 Control Of Government Personnel Work Product
252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country
252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Terrorist Country

252.222-7002 Compliance With Local Labor Laws (Overseas)
252.225-7041 Correspondence in English
252.225-7042 Authorization to Perform
252.229-7000 Invoices Exclusive of Taxes or Duties
252.232-7008 Assignment of Claims (Overseas)
252.233-7001 Choice of Law (Overseas)

252.243-7002 Requests for Equitable Adjustment

ADDITIONAL CLAUSES INCORPORATED IN FULL TEXT.

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019) (JAN 2014)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)

(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

X         Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jul 2012).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately-Owned U.S.- Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance here under shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor prior to the expiration of the contract period of performance.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor prior to the expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend no later than 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 42 Months.

52.225-17 EVALUATION OF FOREIGN CURRENCY OFFERS (FEB 2000)

If the Government receives offers in more than one currency, the Government will evaluate offers by converting the foreign currency to United States currency using http://www.xe.com in effect as follows:

(a) For acquisitions conducted using sealed bidding procedures, on the date of bid opening.

(b) For acquisitions conducted using negotiation procedures--

(1) On the date specified for receipt of offers, if award is based on initial offers; otherwise

(2) On the date specified for receipt of quote revisions.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

GCMC, Contracting Division
Attn: Jacqueline S. Garrido
Gernackerstrasse 2
82467, Garmisch Partenkirchen, Germany

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.arqnet.gov/far

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

(a) Definition.“Contracting officer's representative” means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES (MAR 2006)

(a) Definition. United States, as used in this clause, means, the 50 States, the District of Columbia, and outlyingareas.

(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing ortraveling 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 nontransitory 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 (DAMO-ODL)/ODC SOP: Telephone DSN 225-8491 or Commercial (703) 695-8491 and the GCMC Security Office.

252.229-7001 TAX RELIEF (JUNE 1997) - ALTERNATE I (JUNE 1997)

(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government. The following taxes or duties have been excluded from the contract price:

NAME OF TAX: (Mehrwertsteuer) RATE (PERCENTAGE): (19%)

(b) The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.

(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes.
The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.

(d) Tax relief will be claimed in Germany pursuant to the provisions of the Agreement Between the United States of America and Germany Concerning Tax Relief to be Accorded by Germany to United States Expenditures in the Interest of Common Defense. The Contractor shall use Abwicklungsschein fuer abgabenbeguenstigte Lieferungen/Leistungen nach dem Offshore Steuerabkommen (Performance Certificate for Tax-Free Deliveries/Performance according to the Offshore Tax Relief Agreement) or other documentary evidence acceptable to the German tax authorities. All purchases made and paid for on a tax-free basis during a 30-day period may be accumulated, totaled, and reported as tax-free.

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING

REPORTS (JUN 2012)

(a) Definitions. As used in this clause—

(1) “Contract financing payment” and “invoice payment” have the meanings given in section 32.001 of the Federal Acquisition Regulation.

(2) “Electronic form” means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.

(3) “Payment request” means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(4) “Receiving report” means the data required by the clause at 252.246-7000, Material Inspection and Receiving Report.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/.

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when—

(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer’s determination with each request for payment;

(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System);

(3) DoD makes payment for rendered health care services using the TRICARE Encounter Data System (TEDS) as the electronic format; or

(4) When the Governmentwide commercial purchase card is used as the method of payment, only submission of the receiving report in electronic form is required.

(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

(a) 26 U.S.C. 6331(h) authorizes the Internal Revenue Service (IRS) to continuously levy up to 100 percent of contract payments, up to the amount of tax debt.

(b) When a levy is imposed on a payment under this contract and the Contractor believes that the levy may result in an inability to perform the contract, the Contractor shall promptly notify the Procuring Contracting Officer in writing, with a copy to the Administrative Contracting Officer, and shall provide-

(1) The total dollar amount of the levy;

(2) A statement that the Contractor believes that the levy may result in an inability to perform the contract, including rationale and adequate supporting documentation; and

(3) Advice as to whether the inability to perform may adversely affect national security, including rationale and adequate supporting documentation.

(c) DoD shall promptly review the Contractor's assessment, and the Procuring Contracting Officer shall provide a written notification to the Contractor including-

(1) A statement as to whether DoD agrees that the levy may result in an inability to perform the contract; and

(2)(i) If the levy may result in an inability to perform the contract and the lack of performance will adversely affect national security, the total amount of the monies collected that should be returned to the Contractor; or

(ii) If the levy may result in an inability to perform the contract but will not impact national security, a recommendation that the Contractor promptly notify the IRS to attempt to resolve the tax situation.

(d) Any DoD determination under this clause is not subject to appeal under the Contract Disputes Act.

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

CCE 204-4000 U.S. AND HOST NATION HOLIDAYS (MARCH 2005)

US Holidays: Work Shall Not be performed on U.S. holidays occurring during the normal workweek unless otherwise directed by the contracting officer. When a U.S holiday occurs on a Saturday or a Sunday, the holiday is observed on the preceding Friday or following Monday, respectively.

Host Nation Holidays: Work Shall be performed on local Host Nation* holidays occurring during the normal workweek unless otherwise directed by the contracting officer.

* Local host nation holidays occur in the region/state where contract performance takes place.

The U.S. holidays are:                                                 The Netherlands holidays are:

New Year's Day January 1st                                       New Year's Day 01 January
M L King Memorial Day 3d Monday in January       Good Friday Varies yearly
Presidents' Day 3d Monday in February                    Easter Monday Varies yearly
Memorial Day last Monday in May                            The Queen's Birthday 30 April
Independence Day July 4th
Labor Day 1st Monday in September                         Ascension Day Varies yearly
Columbus Day 2d Monday in October                      Whit-Monday Varies yearly
Veterans' Day November 11th                                   Christmas Day 25 December
Thanksgiving Day 4th Thursday in November           Boxing Day 26 December
Christmas Day December 25th

The Belgium holidays are:                                          Luxembourg holidays are:

New Year's Day 01 January                                       New Year's Day 01 January
Easter Monday varies yearly                                       Carnival Monday varies yearly
Labor Day 01 May
Ascension Day varies yearly                                       May Holiday 01 May
Bank Holiday varies yearly                                         Ascension Day varies yearly
Whit-Monday varies yearly                                        Whit-Monday varies yearly
National Independence Day 21 July                         National Holiday 23 June
Assumption 15 August                                               Assumption 01 November
All Saints Day 01 November                                      All Souls' Day 02 November
Armistice Day 11 November                                      Christmas Day 25 December
Dynasty Day varies yearly                                          Christmas Day 26 December
Christmas Day 25 December                                      Boxing Day 26 December

The German national and local holidays are:

New Years Day 01 January
Three King's Day (Only in Baden Wurttemberg and Bavaria) 06 January
Good Friday Varies
Easter Monday Varies
Labor Day 01 May
Ascension Day Varies
Whit Monday Varies
Corpus Christi (Only in Baden-Wurttemberg, Bavaria, Hessen, Varies Nordrhein- Westphalia,Rhineland-Palatinate and Saarland)
Assumption Day (Only in Saarland and Roman Catholic 15 August areas of Bavaria)
Day of German Unity 03 October
All Saints' Day (Only in Baden-Wuerttemberg, Bavaria, 01 November North Rhine-Westphalia, Rhineland Palatinate and Saarland)
1st Christmas 25 December
2nd Christmas Day 26 December

CCE 225-4000 AUTHORIZATION TO PERFORM SERVICES IN GERMANY (MARCH 2005)

Contractors performing services in the Federal Republic of Germany (FRG) shall comply with German law. The Contractor shall determine whether performance requires registration with German authorities or authorization to do business in Germany and, if so, shall comply with all requirements. Whether or not registration or authorization to do business is required, the Contractor also shall determine what documents or authorization its employees and any subcontractor employees must possess to work in Germany. The Contractor shall ensure affirmatively that its employees and subcontractor employees possess such documents or authorizations.

Contractor employees who:

(a) are not nationals of Germany or other European Union countries, and

(b) are not members of the force, the civilian component or their dependents, and

(c) do not have assimilated status under Articles 71, 72, or 73 of the Supplementary
Agreement to the NATO SOFA shall possess work and residence permits.

By acceptance of and performance under this contract and any task orders or delivery orders issued hereunder, the Contractor affirms that it has complied with the requirements above. Compliance with this clause and German law is a material contract requirement. Noncompliance by the Contractor or Subcontractor at any tier shall be grounds for issuing a negative past performance evaluation and terminating this contract, task order, or delivery order for default.

CCE 225-4001 INSTALLATION CLEARANCE REQUIREMENTS (MARCH 2005)

(a) Access to U.S. installations and controlled areas is limited to personnel who meet security criteria and are authorized by Host Nation law to work in that country. Failure to submit required information/data and obtain required documentation or clearances in accordance with AE Regulation 190-16, Installation Access Control, will be grounds for denying access to U.S. installations and controlled areas. The Contractor is responsible to ensure that any Subcontractor used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any Subcontractor utilized by the contractor, are made aware of and comply with these requirements.

(b) The Contractor is responsible for being aware of and complying with the requirements associated with Installation Access Control. The Government is not liable for any costs associated with performance delays due solely to a firm's failure to comply with Installation Access Control (IAC) processing requirements.

(c) The Contractor is responsible for returning installation passes to the issuing Installation Access Control Office (IACO) when the contract is completed or when a contractor employee no longer requires access.

(d) AE 190-16 (and AE 190-16-G German translation) can be found on the following website:
http://www.hq.usacce.army.mil/

(e) Below is the responsible Organizational Sponsor & Installation Access Control Office for this contract:

Organizational Sponsor: Designated COR or ACOR
Location: TBD Building No: TBD
DSN Phone No: TBD Commercial Phone No: TBD
Installation Access Control Office: IACS
Location: Breitenauerstr. 16 Building No: 203
DSN Phone No: 4403-558 Commercial Phone No: 08821-750 3 558

CCE 225-4003 NOTICE OF CONTRACTOR RESPONSIBILITY TO HOST NATION (MARCH 2005)

This is a non-personal service contract with an individual acting as an independent contractor. As such, the contractor is not an employee of the U.S. Government and it is solely the contractor's responsibility to determine his/her reporting and payment responsibilities under Host Nation tax and labor laws. Status as a member of the U.S. Forces under the NATO SOFA Supplementary Agreement does not in itself relieve the contractor of responsibilities under Host Nation laws. Contractor should consult appropriate authorities and advisors on these matters. Department of Defense military and civilian personnel will not provide advice in these matters. Contractor shall hold harmless the U.S. Government for any liability that may arise from the contractor's noncompliance with Host Nation laws.

CCE 232-4001 FOREIGN VENDORS REQUESTING PAYMENT VIA ELECTRONIC FUNDS TRANSFER (March 2005)

Foreign vendors requesting payment via Electronic Funds Transfer (EFT) shall provide the following information on their invoice at time of invoice submission. Only one EFT instruction per invoice is authorized.

- SWIFT CODE
- BLZ or BANK ROUTING NUMBER
- ACCOUNT NUMBER
- BANK NAME
- International Bank Account Number (IBAN)(if applicable): ___________________________

CCE 237-4000 CONTRACTOR IDENTIFICATION REQUIREMENT (March 2005)

All contractor personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious are required to identify themselves as such to avoid being mistaken for Government officials. Contractors performing work at Government workplaces will provide their employees with an easily readable identification (ID) badge indicating the employee's name, the contractor's name, the functional area of assignment, and a recent color photograph of the employee. Contractors shall require their employees wear the ID badges visibly when performing work at Government workplaces. Contractor personnel must also ensure that all e-mails, documents or reports they produce are suitably marked as contractor products or that contractor participation is appropriately disclosed.

CLOSING RESPONSE DATE AND SUBMISSION SUMMARY.

In order to be considered for award, offerors shall submit the required documentation in response to this announcement as follows:

1. Offers must be submitted via email no later than EST (United States), by the time and date and to the points of contact listed in this notice.

2. Furnish Representation and Certifications: The Offeror must either (1) complete the applicable Representation and Certifications through Online Representations and Certifications Application (ORCA) at https://orca.bpn.gov or (2) a provide a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (ALT I), DFARS 252.212-7000, Offeror Representations and Certifications--Commercial Items, and FAR 52.209-5, Certification Regarding Responsibility Matters, and DFARS 252.209-7999 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law and submit with the quote.

3. Factor 1 and Factor 2: Submit resumes and references including full contact information with any supporting documentation as requested in Factor 1 and Factor 2 above.

4. Factor 3: Submit Firm-Fixed Price information for CLINs 0001, 0002, 1001, 1002, 2001 and 2002 as listed in Factor 3 above.

Further details regarding the requirement can be found in the attachments to this notice.

Attachment 0001 - Performance Work Statement

Attachment 0002 – Security Requirement Certification
Attachment 0003 - Past Performance Questionairre