see schedule - state · usag wiesbaden bldg mcc flugplatz erbenheim 65205 wiesbaden germany tel:...
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SEE ADDENDUM
(No Collect Calls)
W564KV-15-T-0020 03-Mar-2015
b. TELEPHONE NUMBER
0631-411-5552
8. OFFER DUE DATE/LOCAL TIME
12:00 PM 05 Mar 2015
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 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.
W564KV9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
LATASHA D WATSON
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
027a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
PAGE 1 OF 55
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS0010651809
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
0
(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 BUSINESSWOMEN-OWNED SMALL
BUSINESS (WOSB)
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
TCC-KAISERSLAUTERN
KO DIRECTORATE OF CONTRACTING
UNIT 23156
APO AE 09054
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 WK4B9S 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
0007 HQ HHB USAREUR AUG
//
USAG WIESBADEN BLDG MCC
FLUGPLATZ ERBENHEIM
65205 WIESBADEN
GERMANY
TEL: FAX:
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL BUSINESS
(EDWOSB)
SIZE STANDARD:
NAICS:
532120
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.
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF55
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.
W564KV-15-T-0020
Page 3 of 55
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 20 Each Sport Utility Vehicles
FFP
A minimum of 3 and a maximum of 20 SUVs for 245 days. Period of Performance
7 Mar - 30 Oct 15. Daily rates are requested as some vehicles may not be used
everyday. Daily rate should include allowance for multiple US Government drivers
per vehicle. Vehicles shall meet or exceed the specifications listed in the statement
of work and include GPS device's, unlimited mileage, automatic transmission,
neutral in color (no more than 2 distinct shades) and those colors shall be black,
gray, silver, white, navy, blue, dark green or maroon with diesel engines.
FOB: Destination
PURCHASE REQUEST NUMBER: 0010651809
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 31 Each 9-Passenger Van
FFP
A minimum of 10 and a maximum of 31 vans for 245 days. Period of Performance
7 Mar - 30 Oct 15. Daily rates are requested as some vehicles may not be used
everyday. Daily rate should include allowance for multiple US Government drivers
per vehicle. Vehicles shall meet or exceed the specifications listed in the statement
of work and include GPS device's, unlimited mileage, automatic transmission,
neutral in color (no more than 2 distinct shades) and those colors shall be black,
gray, silver, white, navy, blue, dark green or maroon with diesel engines.
FOB: Destination
PURCHASE REQUEST NUMBER: 0010651809
NET AMT
W564KV-15-T-0020
Page 4 of 55
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0003 5 Each Claims
FFP
Estimated cost for possible damage claims for vehicles.
FOB: Destination
PURCHASE REQUEST NUMBER: 0010651809
NET AMT
COORDINATING INSTRUCTIONS
INSTRUCTION TO OFFERORS
General: The following instruction to suppliers/ offerors is to ensure sufficient information
necessary for the Government to fully understand and evaluate quotation is submitted.
The US Government intends on awarding an Indefinite Delivery Indefinite Quantity (IDIQ) to the
offeror whose quote is the most advantageous to the government. We intend on awarding this IDIQ
for 8 months starting on or about 7 March 2015 through 31 October 2015. The total agreement
shall not exceed 8 months. The proposed IDIQ period of performance shall be as follows: Period of
Performance: 7 March 2015 - 31 October 2015.
1. QUOTATION SUBMISSIONS.
Submission of Quotes shall be emailed to MAJ LaTasha D. Watson, Contract Specialist, at
[email protected] , SSG Bunnie Martinez, Contracting Specialist, at
[email protected] and Mrs. Latosha McCoy, Contracting Officer, at
[email protected] . The subject of the email shall be: "W564KV-15-T-0020- Quote".
The Request for Quote shall reach the Government no later than 1200 (Noon) local time for
the designated Government office (Central European Time) on 5 March 2015. Quotes shall be
received on or before the due date, found on Page 1, Block 8 of the solicitation. Submission of
offers shall be by email only.
2. DETAILED QUOTE INSTRUCTIONS.
Offers submitted in response to this solicitation shall be in the English language. Offers received in
other than English shall be rejected. The offerors quotes shall consist of the following section:
W564KV-15-T-0020
Page 5 of 55
I. PRICE.
Price quotes shall consist of the signed SF1449 with prices for each line item. The line item prices will
be totaled to come up with a total overall price for evaluation purposes. The proposal shall include a
price list of services. Quotes can be in EUROS or USD.
II. SUBMISSION REQUIREMENTS.
In addition to the price quotes, offerors are required to submit the following:
a. Name, address, telephone, and email address of point(s) of contact with the authority to
legally bind the Contractor.
b. Name, address, DUNS, CAGE and TAX Identification Number of the Contractor submitting the
quote (if applicable).
3. PERIOD OF ACCEPTANCE OF QUOTES/OFFERS.
Offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt
of quote, unless another time period is specified in an addendum of the solicitation.
4. LATE SUBMISSIONS.
In accordance with FAR 52.212-1
a. Late submissions may be accepted in accordance with FAR 52.212-1(f)(2)(i); or
b. The Contracting Officer determines accepting the late quote is in the best interest of the
Government; and
c. The late quote is received prior to the start of technical evaluation of received quotes.
Offeror shall submit only one offer.
5. QUESTIONS PERTAINING TO THE SOLICITATION.
All questions from the offeror regarding this solicitation shall be submitted via email to MAJ LaTasha
D. Watson, Contract Specialist, at [email protected] , SSG Bunnie Martinez, Contracting
Specialist, at [email protected] and Mrs. Latosha Mccoy, Contracting Officer, at
[email protected]. Questions shall be submitted by 4 March 2015, 1200 Central European
Time. The subject of the email shall be: " W564KV-15-T-0020 - Questions." Questions shall annotate
a reference to the specific solicitation element to which they pertain. All responses will be taken into
consideration and answered appropriately in an amendment to the RFQ/ solicitation. Questions
received after the cutoff date/time will not be addressed.
6. PAYMENT INSTRUCTIONS.
Vendor will submit invoices to the receiving organization's POC. The receiving organization POC will
review the invoice and address any issues with the vendor if necessary.
If the invoice is incorrect or incomplete and is rejected, it must be returned to the vendor within three
(3) calendar days with a written statement as to the discrepancies. A copy of this correspondence will
be provided to the Contracting Officer Representative (COR) or Contracting Officer.
If the invoice is incorrect due to deficiencies in performance which cannot be rectified through
coordination with the vendor, the organization POC will forward the invoice and full explanation to the
Contracting Officer for their determination of appropriate action.
When the POC determines the invoice is correct, he/she will prepare the DD250, Receiving
Report, and forward the invoice and receiving report to the organization POC.
W564KV-15-T-0020
Page 6 of 55
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 and, at a minimum, must include:
_PHONE NUMBER
_EMAIL
_SWIFT CODE
_ BLZ or BANK ROUTING NUMBER
_ ACCOUNT NUMBER
_ BANK NAME
_ INTERNATIONAL BANK ACCOUNT NUMBER (IBAN) (If Applicable)
ADDENDUM TO FAR 52.212-2
ADDENDUM TO FAR 52.212-2
(a) The Government will award a Firm Fixed Price contract resulting from this Request for
Quote/solicitation under FAR Part 12 to the responsible offeror whose quote conforms to the Request for
Quote/solicitation and whose quote represents the best value to the Government using a lowest price
technically acceptable source selection process. Award will be made on the basis of the lowest evaluated
price meeting the technical acceptability standards. Technical acceptability, which, will be based on a
supplier submitting a quotation that demonstrates the supplier’s ability to comply with all of the
requirements listed in the Request for Quote/solicitation’s Performance Work Statement/Specifications.
(b) Price/Options. The Government will evaluate the lowest evaluated price for each quote for award
purposes by adding the total price for all contract line items within the RFQ/solicitation requirement.
(c) The Government intends to evaluate quotes and award a contract without discussions. Therefore, each
initial quote should contain the supplier’s best terms from a price and technical standpoint. The
Government reserves the right to conduct discussions if determined necessary by the Contracting Officer.
(d) A written notice of award or acceptance of an quote mailed or otherwise furnished to the successful
supplier within the time for acceptance specified in the quote, shall result in a binding contract without
further action by either party. Before the offer’s specified expiration time, the Government may accept a
quote (or part of a quote), whether or not there are negotiations after its receipt, unless a written notice of
withdrawal is received before award.
ADDENDUM TO CLAUSE 52.212-4 Paragraph (a) Inspection/Acceptance: Inspection and acceptance will be performed at the address, shown
in block 15 of the Standard Form 1449. Paragraph (b) Assignment is replaced by DFARS 252.232-7008
ASSIGNMENT OF CLAIMS (OVERSEAS).
Paragraph (k) TAXES is replaced by Clause DFARS 252.229-7000 INVOICES EXCLUSIVE
OF TAXES OR DUTIES Paragraph (t): The following clauses are added by reference: FAR 52.203-3,
FAR 52.203-6, FAR 52.204-7, FAR 52.233-3, FAR 52.233-4 and DFARS 252.204-7004 A.
W564KV-15-T-0020
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CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE
The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this
contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following
table. The maximum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on
this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following
table.
CLIN
MINIMUM
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
AMOUNT
0001 3.00 20.00
0002 10.00 31.00
CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE
The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than
the minimum quantity and order value stated in the following table. The maximum quantity and order value for the
given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the
following table.
CLIN
MINIMUM
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
AMOUNT
0001 3.00
$
20.00
$
0002 10.00
$
31.00
$
0003
$
$
PERFORMANCE WORK STATEMENT
STATEMENT OF WORK (SOW)
Non-Tactical Vehicle Lease and Maintenance Contract for Ukraine
Part 1
General Information
W564KV-15-T-0020
Page 8 of 55
1. GENERAL: The government intends to award an Indefinite Delivery Indefinite Quantity (IDIQ) supply contract
to provide SUV's and passenger vans within Ukraine.
1.1 Description of Supplies/Introduction: The contractor shall provide all equipment and transportation necessary to
provide a maximum number of non-tactical vehicles within Ukraine in accordance with the ordering clause. The
contractor shall perform to the standards in this contract.
1.2 Background: The US and Ukrainian Army shall conduct a joint training mission at the International
Peacekeeping and Security Center (IPSC) near L’viv, Ukraine. US Soldiers in Ukrainian training areas require
transportation assets to support training initiatives with the host nation from approximately 7 March – 30 October
2015.
1.3 Objectives: The objective of this contract is to provide a sustainable and economical NTV fleet as required to US
Soldiers training in Ukraine while building host nation rapport and stimulating the local economy. The contract
assures allies of the U.S. commitment and resolve in the region.
1.4 Scope: This requirement is for non-personal services to provide vehicle leases for Government Non-Tactical
Vehicles (NTV). The contractor(s) must provide vehicles no later than (NLT) 7 March 2015. The vehicles must be
fully mission capable in accordance with Section 5, Vehicle Condition and Acceptance. The contractor will be
responsible for scheduled routine maintenance and unscheduled maintenance of the vehicles if contracted for by the
customer. The contract will include delivery, insurance, and a mission capable NTV fleet. Details on the scope of
the NTV requirements are outlined in Section 5.
1.5 Period of Performance: The period of performance shall be: 08 months.
1.6 General Information
1.6.1 Quality Control: The contractor shall develop and maintain an effective quality control program to ensure
services are performed in accordance with this SOW. The contractor shall develop and implement procedures to
identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the
means by which he assures that his work complies with the requirement of the contract.
1.6.2 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in
accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government
must do to ensure that the contractor has performed in accordance with the performance standards.
1.6.3 Recognized Holidays: The contractor is not required to work on the following national holidays; the contractor
must coordinate with the COR to ensure that the customer’s maintenance needs are fulfilled prior to or immediately
following the holiday and that 24/7 contact and recovery services [Section 1.6.4] are maintained.
Victory Day (11 May) Easter Sunday & Monday (12 – 13 April)
Constitution Day (28-29* June) Labor Day (1 May)
Independence Day (24 August)
* Day observed
1.6.4 Hours of Operation: The contractor is responsible for conducting business as necessary in order to meet the
requirements outlined in this SOW. The contractor must at all times maintain an adequate workforce for the
uninterrupted performance of all tasks defined within this SOW. The contractor must provide a contact number with
24-hour availability for emergency maintenance issues.
1.6.5 Type of Contract: The government intends to award an indefinite delivery, indefinite quantity (IDIQ) Fixed
Price contract. Fixed Price task orders will be issued under the terms, conditions, and pricing of this IDIQ.
1.6.6 Antiterrorism/Force Protection:
W564KV-15-T-0020
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Standard Clause: The contractor and all associated subcontractor employees will comply with applicable installation,
facility, and area commander installation/facility access and local security policy and procedures (provided by
Government representative). The contractor will also provide all information required for background checks to meet
installation-access requirements to be accomplished by the installation provost marshal office, director of emergency
services, or security office. The contractor workforce must comply with all personal identity verification
requirements as directed by DOD, HQDA, and local policy. In addition to the changes otherwise authorized by the
changes clause of this contract, should the force protection condition (FPCON) at any individual facility or
installation change, the Government may require changes in contractor security matters or processes.
Standard Clause: DFARS 252.225-7043. The clause will be used in solicitations and contacts that require
performance or delivery in a foreign country. This clause applies to both contingencies and non contingency support.
The key AT requirement is for non-local national contractor personnel to comply with theater clearance requirements
and allows the combatant commander to exercise oversight to ensure the contactor’s compliance with combatant
commander and subordinate task-force commander policy and directives.
1.6.7 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award
conference convened by the contracting activity or contract administration office in accordance with Federal
Acquisition Regulation Subpart 42.5. The contracting officer and other Government personnel, as appropriate, may
meet periodically with the contractor to review the contractor's performance. At these meetings the contracting
officer will apprise the contractor of how the government views the contractor's performance and the contractor will
apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve
outstanding issues. These meetings shall be at no additional cost to the government.
1.6.8 Contracting Officer Representative (COR): The COR will be identified by a separate letter. The COR monitors
all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the
following functions: assure that the Contractor performs the technical requirements of the contract: perform
inspections necessary in connection with contract performance: maintain written and oral communications with the
Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements,
including Government drawings, designs, specifications: monitor Contractor’s performance and notifies both the
Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property,
and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to
the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or
price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of
the resulting order.
1.6.9 Contract Manager: The contractor shall provide a contract manager who shall be responsible for the
performance of the work. The name of this person and an alternate who shall act for the contractor when the
manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall
have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The
contract manager or alternate shall provide a reliable contact number and be able to respond to Government inquiry
within 24 hours of inquiry. The contract manager must be capable of speaking and reading English.
1.6.10 Contractor Travel: The Contractor will be required to travel to surrounding training areas in order to deliver
NTVs, conduct maintenance, and meet with the contracting officer as necessary.
W564KV-15-T-0020
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PART 2
DEFINITIONS & ACRONYMS
2. DEFINITIONS AND ACRONYMS:
2.1. DEFINITIONS:
2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the
government. The term used in this contract refers to the prime.
2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts,
and make related determinations and findings on behalf of the government. Note: The only individual who can
legally bind the government.
2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government
appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state
the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor
as long as that direction is within the scope of the contract, does not constitute a change, and has no funding
implications. This individual does NOT have authority to change the terms and conditions of the contract.
2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the
Performance Work Statement.
2.1.5. DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such
as meeting minutes or reports.
2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be
required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel
are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm
commitment from the persons that are listed in the proposal.
2.1.7. OPERATIONAL SECURITY (OPSEC). The process of identifying critical information and subsequently
analyzing friendly actions attendant to military operations and other activities to (a) identify those actions that can be
observed by adversary intelligence systems, (b) determine indicators that hostile intelligence systems might obtain
that could be interpreted or pieced together to derive critical information in time to be useful to adversaries, and (c)
select and execute measures that eliminate or reduce to an acceptable level the vulnerabilities of friendly actions to
adversary exploitation.
2.1.8. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.
2.1.9. QUALITY ASSURANCE. The government procedures to verify that services being performed by the
Contractor are performed according to acceptable standards.
2.1.10. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the
surveillance methodology to be used for surveillance of contractor performance.
2.1.11. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end
product or service shall meet contract requirements.
2.1.12. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not
have privity of contract with the subcontractor.
W564KV-15-T-0020
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2.1.13. WORK DAY. The number of hours per day the Contractor provides services in accordance with the
contract.
2.1.14. WORK WEEK. Monday through Friday, unless specified otherwise.
2.2. ACRONYMS:
ACOR Alternate Contracting Officer's Representative
AFARS Army Federal Acquisition Regulation Supplement
AR Army Regulation
CCE Contracting Center of Excellence
CFR Code of Federal Regulations
CONUS Continental United States (excludes Alaska and Hawaii)
COR Contracting Officer Representative
COTR Contracting Officer's Technical Representative
COTS Commercial-Off-the-Shelf
DA Department of the Army
DD250 Department of Defense Form 250 (Receiving Report)
DD254 Department of Defense Contract Security Requirement List
DFARS Defense Federal Acquisition Regulation Supplement
DMDC Defense Manpower Data Center
DOD Department of Defense
FAR Federal Acquisition Regulation
FMC Fully Mission Capable
HIPAA Health Insurance Portability and Accountability Act of 1996
IAW In Accordance With
KO Contracting Officer
NMC Not Mission Capable
OCI Organizational Conflict of Interest
OCONUS Outside Continental United States (includes Alaska and Hawaii)
ODC Other Direct Costs
PAX Personnel
PIPO Phase In/Phase Out
POC Point of Contact
PRS Performance Requirements Summary
PWS Performance Work Statement
QA Quality Assurance
QAP Quality Assurance Program
QASP Quality Assurance Surveillance Plan
QC Quality Control
QCP Quality Control Program
TE Technical Exhibit
USG United States Government
NTV Non Tactical Vehicle
W564KV-15-T-0020
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PART 3
GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES
3. GOVERNMENT FURNISHED ITEMS AND SERVICES:
3.1. Services: Maintenance will be provided by the Contractor.
3.2. Fuel: The U.S. Government (USG) will be responsible for providing fuel for all vehicles. There are no minimum
fuel requirements upon vehicle turn-in pursuant to this contract.
3.3 Drivers: The U.S. government will be responsible for providing drivers for all vehicles.
W564KV-15-T-0020
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PART 4
CONTRACTOR FURNISHED ITEMS AND SERVICES
4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:
4.1 General: The Contractor shall provide specified vehicles and all services required to keep the vehicles in a safe,
operational condition. Vehicles will be delivered within the timeframe agreed to in this contract and must meet the
minimum acceptance criteria provided herein.
4.2. Insurance: The contractor will carry full insurance (no deductible to the U.S. Government) to cover the cost for
replacement or repair parts, collisions, and accidentals. The government will not be held liable for claims generating
from any of the above.
4.3. Equipment: The Contractor shall provide all maintenance for the NTV fleet with no interruption in capability to
the U.S. Government. On-call replacement vehicles will be required for any inoperable vehicle that can't be driven
for more than a 24 hour period. The Contractor is solely responsible for the good repair of the vehicle(s) used to
complete the terms of this SOW. The Contractor must comply with all local safety regulations and be able to perform
all work as outlined in this SOW.
4.4. Records: The Contractor should maintain records of transactions with the U.S. Government and, upon request,
make such records available to the COR within a 24 hour period.
4.5. Vehicles: See Section 5.1 for specific criteria the NTV fleet must meet.
W564KV-15-T-0020
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PART 5
SPECIFIC TASKS
5. Specific Tasks:
5.1. Non-Tactical Vehicles. The contractor shall provide all maintenance of the NTV fleet in accordance with the
requirements below:
5.1.1. The Contractor shall provide all labor, materials, equipment, and services incidental to support this
vehicle requirement.
5.1.1.1. Vehicles acquired under this contract will be 4x4 SUV's and passenger vans. The primary
purpose of these vehicles is to provide transportation of personnel and equipment over long distances. Vehicles will
only travel in the Ukraine. The passenger van requested passenger occupancy is 9, but the minimum number of
passenger occupancy in the passenger vans is 5.
5.1.2. When the vehicles are issued they shall be no more than two (2) years old from the date of manufacture at the
beginning of the period of performance. Vehicles shall not have any reflective or distinctive markings.
5.1.3. Vehicle Condition. All vehicles delivered will be safe and serviceable in accordance with manufacturer’s
specifications. Vehicles shall be provided in good working conditions and without any visible damage that could
potentially degrade the safety of the vehicles. Both the interior and exterior shall be free of excessive soil, rust, and
damage, and without excessive wear and tear. Vehicles shall be clean and serviceable at the time of delivery, and
will be inspected by the Contracting Officer Representative (COR).
5.1.4. Air Conditioning/Heater. Vehicles shall have fully functioning air conditioning and heaters.
Vehicles shall have serviceable seatbelts for the driver and passengers. Vehicles shall have serviceable lights
(interior and exterior), windshield wipers, horn, parking brake.
5.1.5. Kilometres. The U.S. Government requires 5000 kilometers of usage per month for each vehicle
throughout the lifespan of the contract.
5.1.6. Fluids (including fuel) will be full at initial delivery and after maintenance services. The vehicles will
be Diesel Fuel Only. In the event that the quantities of vehicles are so high initially then we will accept petroleum
vehicles. However, the contractor will make every attempt to replace petroleum vehicles with diesel vehicles as
they come available.
5.1.7. Toll. The U.S. Government shall be responsible for all tolls incurred from use of the vehicles.
5.1.8. Delivery. The contractor shall provide all vehicles (and subsequent delivery of replacement vehicles)
to locations determined by the contracting officer. The contractor shall provide all vehicles to the Yavoriv
International Peacekeeping and Security Center for initial pick up. All vehicles will be delivered to the U.S.
Government with a full tank of diesel fuel. The COR and contractor will coordinate for the return of the vehicles.
5.1.8.1. Vehicle Acceptance. The government will only be liable for damages caused by
negligence of U.S. Government personnel. Before inspection and acceptance of the vehicle a joint
contractor/government inspection shall be performed on all vehicles and equipment before acceptance. The
inspection shall be documented on a “Vehicle Inspection Initial Delivery and Acceptance” checklist with photos and
both parties will retain a copy. A copy of the contractor’s warranty will be provided upon delivery of the vehicle.
All discrepancies must be fixed prior to final acceptance. If the contractor fails to replace the vehicle or correct the
defects as required by the Contracting Officer before acceptance of the vehicle, the Government may, by contract or
otherwise, correct the defect or arrange for the lease of a similar vehicle and shall charge or set off against the
contractor any excess costs occasioned thereby.
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5.1.9. The contractor shall comply with all applicable local safety standards. Additionally, each vehicle
shall have the following:
i. Rear View Mirror
ii. Windshield Wipers
iii. Front and Rear Windshield Defogger
iv. Functioning Door Locks For Every Door
v. Parking Brake
vi. One Spare Tire
vii. Tire Jack
viii. All Interior And Exterior Lights (Functioning)
ix. Registration and valid license plate
x. Snow chains
xi. Jumper cables
xii. Emergency kit (warning triangles, first aid kit)
xiii. Navigation System
5.1.10. Maintenance. The contractor shall perform both scheduled and unscheduled maintenance. The
Contractor shall provide all parts, labor, and expertise necessary to complete required maintenance tasks. Parts
include those items that must be replaced due to fair wear and tear, such as (but not limited to): windshield wipers,
tires, headlights, filters, fluids, and lubricants. At a minimum, the Contractor shall perform scheduled and
unscheduled maintenance at a facility that is in keeping with terms and conditions for contract award. The US
Government will not be responsible for any maintenance or expenses associated with the maintenance for any
vehicles.
The contractor shall provide unscheduled maintenance in order to maintain the vehicles at full mission
capability for any immediate repairs required that would cause safety concerns. Unscheduled maintenance is
unpredictable maintenance, not classified as maintenance required because of fair wear and tear as defined below,
that has not been previously planned or programmed but requires prompt attention. The customer may contact the
contractor to troubleshoot or recover any disabled vehicle. The customer may also contact the contractor to repair
any safety issues noted by the user.
Scheduled Maintenance involves the following:
- Change engine oil and replace oil filter.
- Perform multi-point inspection
- Rotate and inspect tires; check wheel end play and turning noise
- Inspect and lubricate all non-sealed steering linkage, ball joints, suspension joints, half and drive shafts
and u-joints
5.1.11. Cleaning. After the initial issue of the vehicles the USG will be responsible for the cleanliness of the
vehicles.
5.1.12. Recovery. Upon notification, the Contractor shall recover disabled vehicles within 24 hours and
provide a serviceable replacement vehicle. The service shall be available 7 days a week, 24 hours a day.
5.1.13. Replacements. Replacement vehicles shall be provided for all vehicles that are out of service or
exceed 80,000 kilometers. Vehicle replacements for a disabled vehicle shall occur no longer than 24 hours from
notification. All replacement vehicles shall be of the same specification as the vehicle being replaced and in
accordance with the specifications listed in this SOW.
5.1.14. Legal Compliance. The Contractor shall be responsible for compliance with all pertinent local laws
concerning the rental or lease of motor vehicles.
5.1.15. Insurance. The Contractor is responsible for all third party claims of injury or property damage
resulting from operation of the Contractor’s vehicles by the U.S. Government. The Contractor shall maintain public
liability and property damage insurance during the period of performance at a level sufficient to cover all claims for
W564KV-15-T-0020
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injury and/or damage referenced above. The cost of parts and labor for maintenance on damages resulting from
operator negligence shall be submitted through the Contracting Officer for consideration of payment.
5.1.16. Permits. Without additional cost to the USG, the Contractor shall obtain all permits, licenses, and
appointments required for this contract; all documents shall be in compliance with applicable local and country laws.
All vehicles will be registered to enter and operate within Ukraine.
5.1.17. Drivers. The Contractor will not be responsible for any drivers for the duration of this contract.
The Contractor shall not place a restriction on the type of or number of drivers. However, the vendor will be
responsible for the delivery and retrieval of all vehicles in the contract.
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
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 POP 05-MAR-2015 TO
31-OCT-2015
N/A 0007 HQ HHB USAREUR AUG
//
USAG WIESBADEN BLDG MCC
FLUGPLATZ ERBENHEIM
65205 WIESBADEN
GERMANY
FOB: Destination
WK4B9S
0002 POP 05-MAR-2015 TO
31-OCT-2015
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
WK4B9S
0003 POP 05-MAR-2015 TO
31-OCT-2015
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
WK4B9S
W564KV-15-T-0020
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CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984
52.203-6 Alt I Restrictions On Subcontractor Sales To The Government
(Sep 2006) -- Alternate I
OCT 1995
52.204-7 System for Award Management JUL 2013
52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.212-4 Contract Terms and Conditions--Commercial Items DEC 2014
52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2014
52.222-50 Combating Trafficking in Persons FEB 2009
52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008
52.225-14 Inconsistency Between English Version And Translation Of
Contract
FEB 2000
52.225-25 Prohibition on Contracting with Entities Engaging in Certain
Activities or Transactions Relating to Iran-- Representation
and Certifications.
DEC 2012
52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014
52.233-3 Protest After Award AUG 1996
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.247-34 F.O.B. Destination NOV 1991
252.204-7004 Alt A System for Award Management Alternate A FEB 2014
252.209-7002 Disclosure Of Ownership Or Control By A Foreign
Government
JUN 2010
252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997
252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.225-7042 Authorization to Perform APR 2003
252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.232-7008 Assignment of Claims (Overseas) JUN 1997
252.232-7010 Levies on Contract Payments DEC 2006
252.233-7001 Choice of Law (Overseas) JUN 1997
252.243-7001 Pricing Of Contract Modifications DEC 1991
CLAUSES INCORPORATED BY FULL TEXT
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (APR 2014)
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(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS
code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF
1449). However, the small business size standard for a concern which submits an offer in its own name, but which
proposes to furnish an item which it did not itself manufacture, is 500 employees.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the
exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as
otherwise specified in the solicitation. As a minimum, offers must show--
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the
requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those
representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts
for the same or similar items and other references (including contract numbers, points of contact with telephone
numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all
terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or
information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from
the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time
specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no
expense to the Government, and returned at the sender's request and expense, unless they are destroyed during
preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or
commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated
separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers:
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the
Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the
W564KV-15-T-0020
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solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers
or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in
the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is
received before award is made, the Contracting Officer determines that accepting the late offer would not unduly
delay the acquisition; and--
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the
initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date
specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for
receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the
Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp
of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral
testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received
at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent
Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date,
the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the
solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.
Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers,
offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to
the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an
offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person
requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a
contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms
from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later
determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is
in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers
received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies
the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for
quantities less than those specified. The Government reserves the right to make an award on any item for a quantity
less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications,
Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and
commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA
Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC
20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.
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(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this
solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may
be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional
copies will be issued for a fee.
(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST
websites:
(i) ASSIST (https://assist.dla.mil/online/start/).
(ii) Quick Search (http://quicksearch.dla.mil/).
(iii) ASSISTdocs.com (http://assistdocs.com).
(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point
(DoDSSP) by--
(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone
(215) 697-2667/2179, Facsimile (215) 697-1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation,
publication, or maintenance.
(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of
$3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management
(SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the
annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name
and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of
the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts
(see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun
and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling
1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States
must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror
for a Government contract when contacting the local Dun and Bradstreet office.
(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer,
the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior
to award, during performance and through final payment of any contract resulting from this
solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting
Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors
may obtain information on registration and annual confirmation requirements via the SAM
database accessed through https://www.acquisition.gov.
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following
information, if applicable:
(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
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(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past
performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award;
(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection
procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the
agency.
(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:
1. PRICE
The Government will make an award using the lowest price source selection process per FAR 15.101-2. Award
will be made on the basis of the lowest evaluated price of quotes that meet or exceed the technical acceptability as
described in the Performance Work Statement.
Factor 1: Price
(i) The total evaluated price shall be the sum of all CLIN prices listed in the schedule.
(ii) Currency: Offers submitted in response to this solicitation shall be in terms of Euros or U.S.
Dollars.
The Government shall use the daily HRYVNIA= U.S. Dollar exchange rate of the solicitation
closing date to convert U.S. Dollar offers into Euro’s for evaluation. Evaluation of foreign currency
offers will be in accordance with FAR clause 52.225-17. All supporting documentation shall reflect
the same currency established in the price proposal.
(b) Options. Not applicable for this procurement.
(c) This solicitation is a Request for Quotations (RFQ) under FAR Parts 12 & 13. Once the Government identifies
the winning quote, the contractor may accept the offer by notification to the Government orally or in writing."
(End of provision)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2014)
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The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual
representations and certification electronically via the System for Award Management (SAM) Web site accessed
through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications
electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.
(a) Definitions. As used in this provision --
“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 Federal Supply Classes (FSC) 1000-9999, except--
(1) FSC 5510, Lumber and Related Basic Wood Materials;
(2) Federal Supply Group (FSG) 87, Agricultural Supplies;
(3) FSG 88, Live Animals;
(4) FSG 89, Food and Related Consumables;
(5) FSC 9410, Crude Grades of Plant Materials;
(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) FSC 9610, Ores;
(9) FSC 9620, Minerals, Natural and Synthetic; and
(10) FSC 9630, Additive Metal Materials.
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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.
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).
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"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.
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 posted electronically on the SAM
website.
(2) The offeror has completed the annual representations and certifications electronically via the SAM website
accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by
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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 applicable to
the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by
reference (see FAR 4.1201), except for paragraphs ___ .
[Offeror to identify the applicable paragraphs at (c) through (p) 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 ORCA.]
(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.
Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to
exceed the simplified acquisition threshold.
(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--
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(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.
(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 paragraph (c)(1) of this
provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may
identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror
or first-tier subcontractors) amount to more than 50 percent of the contract price:
___
(10) HUBZone 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--
(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the
List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no
material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since
it was certified in accordance with 13 CFR Part 126; and
(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126,
and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern
participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small
business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern
participating in the HUBZone joint venture shall submit a separate
signed copy of the HUBZone representation.
(d) Certifications and representations required to implement provisions of Executive Order 11246--
(1) Previous Contracts and Compliance. The offeror represents that--
(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal
Opportunity clause of this solicitation, the and
(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that--
(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each
establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR
Subparts 60-1 and 60-2), or
(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the
rules and regulations of the Secretary of Labor.
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(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the
contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge
and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant
contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the
offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL,
Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly
employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy
American --Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic
end product and that for other than COTS items, the offeror has considered components of unknown origin to have
been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those
end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that
is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end
product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,”
“end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy
American--Supplies.”
(2) Foreign End Products:
Line Item No. Country of
Origin
___ ___
___ ___
___ ___
(List as necessary)
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR
52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this
provision, is a domestic end product and that for other than COTS items, the offeror has considered components of
unknown origin to have been mined, produced, or manufactured outside the United States. The terms ``Bahrainian,
Moroccan, Omani, Panamanian, or Peruvian end product,'' ``commercially available off-the-shelf (COTS) item,''
``component,'' ``domestic end product,'' ``end product,'' ``foreign end product,'' ``Free Trade Agreement country,''
``Free Trade Agreement country end product,'' ``Israeli end product,'' and ``United States'' are defined in the clause
of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act.''
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than
Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the
clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act'':
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian
End Products) or Israeli End Products:
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Line Item No. Country of
Origin
___ ___
___ ___
___ ___
[List as necessary]
(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii)
of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli
Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States
that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the
component test in paragraph (2) of the definition of “domestic end product.”
Other Foreign End Products:
Line Item No. Country of
Origin
___ ___
___ ___
___ ___
[List as necessary]
(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to
the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph
(g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this
solicitation entitled "Buy American -Free Trade Agreements-Israeli Trade Act":
Canadian End Products:
Line Item No.
___
___
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___
[List as necessary]
(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the
clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph
(g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as
defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":
Canadian or Israeli End Products:
Line Item No. Country of
Origin
___ ___
___ ___
___ ___
[List as necessary]
(4) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause
at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii)
of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other
than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as
defined in the clause of this solicitation entitled ``Buy American --Free Trade Agreements--Israeli Trade Act'':
Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or
Peruvian End Products) or Israeli End Products:
Line Item No. Country of
Origin
___ ___
___ ___
___ ___
[List as necessary]
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(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this
solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-
made or designated country end product, as defined in the clause of this solicitation entitled ``Trade Agreements''.
(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end
products.
Other End Products:
Line Item No. Country of
Origin
___ ___
___ ___
___ ___
[List as necessary]
(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line
items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated
country end products without regard to the restrictions of the Buy American statute. The Government will consider
for award only offers of U.S.-made or designated country end products unless the Contracting
Officer determines that there are no offers for such products or that the offers for such products are insufficient to
fulfill the requirements of the solicitation.
(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is
expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief,
that --
(1) The offeror and/or any of its principals ( ___ ) are, ( ___ ) are not presently debarred, suspended, proposed for
debarment, or declared ineligible for the award of contracts by any Federal agency,
(2) ( ___ ) Have, ( ___ ) have not, within a three-year period preceding this offer, been convicted of or had a civil
judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal
or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or
receiving stolen property; and
(3) ( ___ ) Are, ( ___ ) are not presently indicted for, or otherwise criminally or civilly charged by a Government
entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and
(4) ( ___ ) Have, ( ___ ) have not, within a three-year period preceding this offer, been notified of any delinquent
Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply:
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(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not
finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the
liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax
liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection
action is precluded.
(ii) Examples.
(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to
seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability.
Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all
judicial appeal rights.
(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been
issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals
contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the
course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no
prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the
taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal
rights.
(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making
timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the
taxpayer is not currently required to make full payment.
(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection
action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The
Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are
included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless
excluded at 22.1503(b).]
(1) Listed end products.
Listed End Product Listed Countriesof Origin
___ ___
___ ___
___ ___
(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1)
of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]
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[ ___ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined,
produced, or manufactured in the corresponding country as listed for that product.
[ ___ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined,
produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has
made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or
manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies
that it is not aware of any such use of child labor.
(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of
manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture
of the end products it expects to provide in response to this solicitation is predominantly—
(1) ( ___ ) In the United States (Check this box if the total anticipated price of offered end products manufactured
in the United States exceeds the total anticipated price of offered end products manufactured outside the United
States); or
(2) ( ___ ) Outside the United States.
(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured
end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end
products it expects to provide in response to this solicitation is predominantly--
(1) ( ___ ) In the United States (Check this box if the total anticipated price of offered end products manufactured
in the United States exceeds the total anticipated price of offered end products manufactured outside the United
States); or
(2) ( ___ ) Outside the United States.
(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by
the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its
subcontractor if it subcontracts out the exempt services.)
[The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]
[ ___ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The
offeror ( ___ ) does ( ___ ) does not certify that—
(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental
purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial
quantities to the general public in the course of normal business operations;
(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR
22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and
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(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract
will be the same as that used for these employees and equivalent employees servicing the same equipment of
commercial customers.
[ ___ ] (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror ( ___ ) does ( ___ ) does not
certify that—
(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided
by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in
the course of normal business operations;
(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices
(see FAR 22.1003-4(d)(2)(iii));
(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or
her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20
percent of available hours during the contract period if the contract period is less than a month) servicing the
Government contract; and
(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract
is the same as that used for these employees and equivalent employees servicing commercial customers.
(3) If paragraph (k)(1) or (k)(2) of this clause applies—
(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not
attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the
Contracting Officer as soon as possible; and
(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in
paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this
clause.
(l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is
required to provide this information to the SAM database to be eligible for award.)
(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply
with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041,
6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).
(2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the
offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment
reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to
verify the accuracy of the offeror's TIN.
(3) Taxpayer Identification Number (TIN).
( ___ ) TIN: --------------------.
( ___ ) TIN has been applied for.
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( ___ ) TIN is not required because:
( ___ ) Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income
effectively connected with the conduct of a trade or business in the United States and does not have an office or
place of business or a fiscal paying agent in the United States;
( ___ ) Offeror is an agency or instrumentality of a foreign government;
( ___ ) Offeror is an agency or instrumentality of the Federal Government.
(4) Type of organization.
( ___ ) Sole proprietorship;
( ___ ) Partnership;
( ___ ) Corporate entity (not tax-exempt);
( ___ ) Corporate entity (tax-exempt);
( ___ ) Government entity (Federal, State, or local);
( ___ ) Foreign government;
( ___ ) International organization per 26 CFR 1.6049-4;
( ___ ) Other ----------.
(5) Common parent.
( ___ ) Offeror is not owned or controlled by a common parent;
( ___ ) Name and TIN of common parent:
Name - ___ .
TIN - ___ .
(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not
conduct any restricted business operations in Sudan.
(n) Prohibition on Contracting with Inverted Domestic Corporations—
(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts
with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the
exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.
(2) Representation. By submission of its offer, the offeror represents that--
(i) It is not an inverted domestic corporation; and
(ii) It is not a subsidiary of an inverted domestic corporation.
(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran.
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(1) The offeror shall email questions concerning sensitive technology to the Department of State at
(2) Representation and certifications. Unless a waiver is granted or an exception applies as provided in paragraph
(o)(3) of this provision, by submission of its offer, the offeror--
(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the
government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of,
the government of Iran;
(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for
which sanctions may be imposed under section 5 of the Iran Sanctions Act; and
(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any
transaction that exceeds $3,000 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the
property and interests in property of which are blocked pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated
Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf).
(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if—
(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision);
and
(ii) The offeror has certified that all the offered products to be supplied are designated country end products.
(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in
SAM or a requirement to have a DUNS Number in the solicitation.
(1) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more
than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable,
paragraph (3) of this provision for each participant in the joint venture.
(2) If the Offeror indicates ``has'' in paragraph (p)(1) of this provision, enter the following information:
Immediate owner CAGE code:
___
Immediate owner legal name:
___
(Do not use a ``doing business as'' name)
Is the immediate owner owned or controlled by another entity:
[ ___ ] Yes or [ ___ ] No.
(3) If the Offeror indicates ``yes'' in paragraph (p)(2) of this provision, indicating that the immediate owner is owned
or controlled by another entity, then enter the following information:
Highest-level owner CAGE code:
___
Highest-level owner legal name:
___
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(Do not use a ``doing business as'' name)
(End of provision)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEC 2014)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are
incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to
acquisitions of commercial items:
(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)
(2) 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)).
(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19
U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated
as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to
acquisitions of commercial items: (Contracting Officer check as appropriate.)
X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995)
(41 U.S.C. 4704 and 10 U.S.C. 2402).
X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).
____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June
2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment
Act of 2009.)
___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (July 2013) (Pub. L. 109-
282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
X (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).
X (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L.
111-117, section 743 of Div. C).
X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended,
or Proposed for Debarment. (Aug, 2013) (31 U.S.C. 6101 note).
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X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41
U.S.C. 2313).
____ (10) [Reserved]
____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).
_
____ (ii) Alternate I (NOV 2011) of 52.219-3.
____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014)
(if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
____ (ii) Alternate I (JAN 2011) of 52.219-4.
____ (13) [Reserved]
____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).
____ (ii) Alternate I (NOV 2011).
____ (iii) Alternate II (NOV 2011).
____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
____ (ii) Alternate I (Oct 1995) of 52.219-7.
____ (iii) Alternate II (Mar 2004) of 52.219-7.
____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)).
____ (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2014) (15 U.S.C. 637(d)(4)).
____ (ii) Alternate I (Oct 2001) of 52.219-9.
____ (iii) Alternate II (Oct 2001) of 52.219-9.
____ (iv) Alternate III (OCT 2014) of 52.219-9.
____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).
____ (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).
____ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.
657f).
____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).
____ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business
(EDWOSB) Concerns (July 2013) (15 U.S.C. 637(m)).
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____ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the
WOSB Program (July 2013) (15 U.S.C. 637(m)).
X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2014) (E.O. 3126).
____ (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
____ (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
____ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).
____ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).
____ (31) 52.222-37, Employment Reports on Veterans (July 2014) (38 U.S.C. 4212).
____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496).
XX (33) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to
the acquisition of commercially available off-the-shelf items or certain other types of
commercial items as prescribed in 22.1803.)
____ (34)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May
2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf
items.)
____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of
commercially available off-the-shelf items.)
____ (35) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014)+(E.O.s 13423 and
13514).
____ (ii) Alternate I (Jun 2014) of 52.223-13.
____ (36)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
____ (ii) Alternate I (Jun 2014) of 52.223-14.
____ (37) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
____ (38)(i) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s
13423 and 13514).
____ (ii) Alternate I (Jun 2014) of 52.223-16.
____ (39) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.
13513).
____ (40) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
X (41) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83,
19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.
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103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
____ (ii) Alternate I (May 2014) of 52.225-3.
____ (iii) Alternate II (May 2014) of 52.225-3.
____ (iv) Alternate III (May 2014) of 52.225-3.
X (42) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
X (43) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes
administered by the Office of Foreign Assets Control of the Department of the Treasury).
____ (44) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013)
(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
____ (45) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150
____ (46) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.
5150).
____ (47) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10
U.S.C. 2307(f)).
____ (48) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
____ (49) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31
U.S.C. 3332).
____ (50) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July
2013) (31 U.S.C. 3332).
____ (51) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
____ (52) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
____ (53)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.
Appx. 1241(b) and 10 U.S.C. 2631).
____ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that
the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of
law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
X (1) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).
_____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.
chapter 67).
_____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple
Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
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_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY
2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).
_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain
Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).
_____ (7) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).
_____ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).
_____ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
_____ (10) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph
(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and
does not contain the clause at 52.215-2, Audit and Records--Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall
have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to
this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other
evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any
shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If
this contract is completely or partially terminated, the records relating to the work terminated shall be made available
for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to
litigation or the settlement of claims arising under or relating to this contract shall be made available until such
appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data,
regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that
the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the
Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for
commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the
clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (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 (MAY 2014) (E.O. 13495). Flow down required in
accordance with paragraph (l) of FAR clause 52.222-17.
(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
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(v) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212).
(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).
(viii) 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.
(ix) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(x) 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)).
(xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance,
Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)
(xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain
Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).
(xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section
862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow
down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xvi) 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.
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658).
(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)
52.216-18 ORDERING. (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or
task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 5 March 2015
through 31 October 2015.
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(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict
between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the
mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the
Schedule.
(End of clause)
52.216-19 ORDER LIMITATIONS. (OCT 1995)
(a) Minimum order. When the Government requires services covered by this contract in an amount of less than 2
vehicles, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or
services under the contract.
(b) Maximum order. The Contractor is not obligated to honor:
(1) Any order for a single item in excess of 20 SUVs and 31 9-passenger vans;
(2) Any order for a combination of items in excess of 40 SUVs and 52 9-Passenger Vans (insert dollar figure or
quantity); or
(3) A series of orders from the same ordering office within 1 day that together call for quantities exceeding the
limitation in subparagraph (1) or (2) above.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal
Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the
Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.
(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum
order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 1 day after
issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.
Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of clause)
52.216-22 INDEFINITE QUANTITY. (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in
the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not
purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering
clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in
the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall
order at least the quantity of supplies or services designated in the Schedule as the "minimum".
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the
number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations
or performance at multiple locations.
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(d) Any order issued during the effective period of this contract and not completed within that period shall be
completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and
Government's rights and obligations with respect to that order to the same extent as if the order were completed
during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries
under this contract after 31 December 2015.
(End of clause)
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the
contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary
of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder
shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor
within 3 days of contract expiration.
(End of clause)
52.225-17 EVALUATION OF FOREIGN CURRENCY OFFERS (FEB 2000)
If the Government receives offers in more than one currency, the Government will evaluate offers by converting the
foreign currency to United States currency using .7259 in effect as follows:
(a) For acquisitions conducted using sealed bidding procedures, on the date of bid opening.
(b) For acquisitions conducted using negotiation procedures--
(1) On the date specified for receipt of offers, if award is based on initial offers; otherwise
(2) On the date specified for receipt of proposal revisions.
(End of provision)
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if
they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is
cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its
quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by
paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a
solicitation provision may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil/vffara.htm
http://farsite.hill.af.mil/VFDFARA.HTM
http://farsite.hill.af.mil/VFAFAR1.HTM
(End of provision)
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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://farsite.hill.af.mil/vffara.htm
http://farsite.hill.af.mil/VFDFARA.HTM
http://farsite.hill.af.mil/VFAFAR1.HTM
(End of clause)
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 DFARS (48 CFR Chapter 2) clause with an authorized deviation is
indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of clause)
252.225-7040 CONTRACTOR PERSONNEL SUPPORTING U.S. ARMED FORCES DEPLOYED OUTSIDE
THE UNITED STATES (MAY 2014)
(a) Definitions. As used in this clause--
Combatant Commander means the commander of a unified or specified combatant command established in
accordance with 10 U.S.C. 161.
Contractors authorized to accompany the Force, or CAAF, means contractor personnel, including all tiers of
subcontractor personnel, who are authorized to accompany U.S. Armed Forces in applicable
operations and have been afforded CAAF status through a letter of authorization. CAAF generally include all U.S.
citizen and third-country national employees not normally residing within the operational area whose area of
performance is in the direct vicinity of U.S. Armed Forces and who routinely are collocated with the U.S. Armed
Forces (especially in non-permissive environments). Personnel collocated with
U.S. Armed Forces shall be afforded CAAF status through a letter of authorization. In some cases, Combatant
Commander subordinate commanders may designate mission-essential host nation or local
national contractor employees (e.g., interpreters) as CAAF. CAAF includes contractors previously identified as
contractors deploying with the U.S. Armed Forces. CAAF status does not apply to contractor personnel in support of
applicable operations within the boundaries and territories of the United States.
Designated operational area means a geographic area designated by the combatant commander or subordinate joint
force commander for the conduct or support of specified military operations.
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Designated reception site means the designated place for the reception, staging, integration, and onward movement
of contractors deploying during a contingency. The designated reception site includes assigned joint reception
centers and other Service or private reception sites.
Law of war means that part of international law that regulates the conduct of armed hostilities. The law of war
encompasses all international law for the conduct of hostilities binding on the United States or its individual citizens,
including treaties and international agreements to which the United States is a party, and applicable customary
international law.
Non-CAAF means personnel who are not designated as CAAF, such as local national (LN) employees and non-LN
employees who are permanent residents in the operational area or third-country nationals not
routinely residing with U.S. Armed Forces (and third-country national expatriates who are permanent residents in the
operational area) who perform support functions away from the close proximity of, and do not reside with, U.S.
Armed Forces. Government-furnished support to non-CAAF is typically limited to force protection, emergency
medical care, and basic human needs (e.g., bottled water, latrine facilities,
security, and food when necessary) when performing their jobs in the direct vicinity of U.S. Armed Forces. Non-
CAAF status does not apply to contractor personnel in support of applicable operations within the
boundaries and territories of the United States.
Subordinate joint force commander means a sub-unified commander or joint task force commander.
(b) General.
(1) This clause applies to both CAAF and non-CAAF when performing in a designated operational area outside the
United States to support U.S. Armed Forces deployed outside the United States in--
(i) Contingency operations;
(ii) Humanitarian assistance operations;
(iii) Peace operations, consistent with Joint Publication 3-07.3; or
(iv) Other military operations or military exercises, when designated by the Combatant Commander or as directed by
the Secretary of Defense.
(2) Contract performance in support of U.S. Armed Forces deployed outside the United States may require work in
dangerous or austere conditions. Except as otherwise provided in the contract, the Contractor accepts the risks
associated with required contract performance in such operations.
(3) When authorized in accordance with paragraph (j) of this clause to carry arms for personal protection, Contractor
personnel are only authorized to use force for individual self-defense.
(4) Unless immune from host nation jurisdiction by virtue of an international agreement or international law,
inappropriate use of force by contractor personnel authorized to accompany the U.S. Armed Forces can subject such
personnel to United States or host nation prosecution and civil liability (see paragraphs (d) and (j)(3) of this clause).
(5) Service performed by Contractor personnel subject to this clause is not active duty or service under 38 U.S.C.
106 note.
(c) Support.
(1)(i) The Combatant Commander will develop a security plan for protection of Contractor personnel in locations
where there is not sufficient or legitimate civil authority, when the Combatant Commander decides it is in the
interests of the Government to provide security because--
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(A) The Contractor cannot obtain effective security services;
(B) Effective security services are unavailable at a reasonable cost; or
(C) Threat conditions necessitate security through military means.
(ii) In appropriate cases, the Combatant Commander may provide security through military means, commensurate
with the level of security provided DoD civilians.
(2)(i) Generally, CAAF will be afforded emergency medical and dental care if injured while supporting applicable
operations. Additionally, non-CAAF employees who are injured while in the vicinity of U.S. Armed Forces will
normally receive emergency medical and dental care. Emergency medical and dental care includes medical care
situations in which life, limb, or eyesight is jeopardized. Examples of emergency medical and dental care include
examination and initial treatment of victims of sexual assault; refills of prescriptions for life-dependent drugs; repair
of broken bones, lacerations, infections; and traumatic injuries to the dentition. Hospitalization will be limited to
stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patient
movement system.
(ii) When the Government provides medical treatment or transportation of Contractor personnel to a selected civilian
facility, the Contractor shall ensure that the Government is reimbursed for any costs associated with such treatment
or transportation.
(iii) Medical or dental care beyond this standard is not authorized.
(3) Contractor personnel must have a Synchronized Predeployment and Operational Tracker (SPOT)-generated letter
of authorization signed by the Contracting Officer in order to process through a deployment center or to travel to,
from, or within the designated operational area. The letter of authorization also will identify any additional
authorizations, privileges, or Government support that Contractor personnel are entitled to under this contract.
Contractor personnel who are issued a letter of
authorization shall carry it with them at all times while deployed.
(4) Unless specified elsewhere in this contract, the Contractor is responsible for all other support required for its
personnel engaged in the designated operational area under this contract.
(d) Compliance with laws and regulations. (1) The Contractor shall comply with, and shall ensure that its personnel
supporting U.S. Armed Forces deployed outside the United States as specified in paragraph (b)(1) of this clause are
familiar with and comply with, all applicable--
(i) United States, host country, and third country national laws;
(ii) Provisions of the law of war, as well as any other applicable treaties and international agreements;
(iii) United States regulations, directives, instructions, policies, and procedures; and
(iv) Orders, directives, and instructions issued by the Combatant Commander, including those relating to force
protection, security, health, safety, or relations and interaction with local nationals.
(2) The Contractor shall institute and implement an effective program to prevent violations of the law of war by its
employees and subcontractors, including law of war training in accordance with paragraph (e)(1)(vii) of this clause.
(3) The Contractor shall ensure that CAAF are aware--
(i) Of the DoD definition of ``sexual assault'' in DoDD 6495.01, Sexual Assault Prevention and Response Program;
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(ii) That many of the offenses addressed by the definition are covered under the Uniform Code of Military Justice
(see paragraph (e)(2)(iv) of this clause). Other sexual misconduct may constitute offenses under the Uniform Code of
Military Justice, Federal law, such as the Military Extraterritorial Jurisdiction Act, or host nation laws;
(iii) That the offenses not covered by the Uniform Code of Military Justice may nevertheless have consequences to
the contractor employees (see paragraph (h)(1) of this clause).
(4) The Contractor shall report to the appropriate investigative authorities, identified in paragraph (d)(6) of this
clause, any alleged offenses under—
(i) The Uniform Code of Military Justice (chapter 47 of title 10, United States Code) (applicable to contractors
serving with or accompanying an armed force in the field during a declared war or
contingency operations); or
(ii) The Military Extraterritorial Jurisdiction Act (chapter 212 of title 18, United States Code).
(5) The Contractor shall provide to all contractor personnel who will perform work on a contract in the deployed
area, before beginning such work, information on the following:
(i) How and where to report an alleged crime described in paragraph (d)(4) of this clause.
(ii) Where to seek victim and witness protection and assistance available to contractor personnel in connection with
an alleged offense described in paragraph (d)(4) of this clause.
(6) The appropriate investigative authorities to which suspected crimes shall be reported include the following—
(i) US Army Criminal Investigation Command at http://www.cid.army.mil/reportacrime.html;
(ii) Air Force Office of Special Investigations at
http://www.osi.andrews.af.mil/library/factsheets/factsheet.asp?id=14522;
(iii) Navy Criminal Investigative Service at http://www.ncis.navy.mil/Pages/publicdefault.aspx;
(iv) Defense Criminal Investigative Service at http://www.dodig.mil/HOTLINE/index.html;
(v) To any command of any supported military element or the command of any base.
(7) Personnel seeking whistleblower protection from reprisals for reporting criminal acts shall seek guidance through
the DoD Inspector General hotline at 800-424-9098 or www.dodig.mil/HOTLINE/index.html.
Personnel seeking other forms of victim or witness protections should contact the nearest military law enforcement
office
(e) Preliminary personnel requirements.
(1) The Contractor shall ensure that the following requirements are met prior to deploying CAAF (specific requirements for
each category will be specified in the statement of work or elsewhere in the contract):
(i) All required security and background checks are complete and acceptable.
(ii) All CAAF deploying in support of an applicable operation—
(A) Are medically, dentally, and psychologically fit for deployment and performance of their contracted duties;
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(B) Meet the minimum medical screening requirements, including theater-specific medical qualifications as established by
the geographic Combatant Commander (as posted to the Geographic Combatant Commander’s website or other venue); and
(C) Have received all required immunizations as specified in the contract.
(1) During predeployment processing, the Government will provide, at no cost to the Contractor, any military-specific
immunizations and/or medications not available to the general public.
(2) All other immunizations shall be obtained prior to arrival at the deployment center.
(3) All CAAF and selected non-CAAF, as specified in the statement of work, shall bring to the designated operational area a
copy of the Public Health Service Form 791, “International Certificate of Vaccination” that shows vaccinations are current.
(iii) Deploying personnel have all necessary passports, visas, and other documents required to enter and exit a designated
operational area and have a Geneva Conventions identification card, or other appropriate DoD identity credential, from the
deployment center.
(iv) Special area, country, and theater clearance is obtained for all personnel deploying. Clearance requirements are in DoD
Directive 4500.54, Official Temporary Duty Abroad, and DoD 4500.54-G, DoD Foreign Clearance Guide. For this purpose,
CAAF are considered non-DoD contactor personnel traveling under DoD sponsorship.
(v) All deploying personnel have received personal security training. At a minimum, the training shall—
(A) Cover safety and security issues facing employees overseas;
(B) Identify safety and security contingency planning activities; and
(C) Identify ways to utilize safety and security personnel and other resources appropriately.
(vi) All personnel have received isolated personnel training, if specified in the contract, in accordance with DoD Instruction
1300.23, Isolated Personnel Training for DoD Civilian and Contractors.
(vii) Personnel have received law of war training as follows:
(A) Basic training is required for all CAAF. The basic training will be provided through—
(1) A military-run training center; or
(2) A web-based source, if specified in the contract or approved by the Contracting Officer.
(B) Advanced training, commensurate with their duties and responsibilities, may be required for some Contractor personnel
as specified in the contract.
(2) The Contractor shall notify all personnel who are not a host country national, or who are not ordinarily resident in the
host country, that—
(i) Such employees, and dependents residing with such employees, who engage in conduct outside the United States that
would constitute an offense punishable by imprisonment for more than one year if the conduct had been engaged in within
the special maritime and territorial jurisdiction of the United States, may potentially be subject to the criminal jurisdiction of
the United States in accordance with the Military Extraterritorial Jurisdiction Act of 2000 (18 U.S.C. 3621, et seq.);
(ii) Pursuant to the War Crimes Act (18 U.S.C. 2441), Federal criminal jurisdiction also extends to conduct that is
determined to constitute a war crime when committed by a civilian national of the United States;
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(iii) Other laws may provide for prosecution of U.S. nationals who commit offenses on the premises of U.S. diplomatic,
consular, military or other U.S. Government missions outside the United States (18 U.S.C. 7(9)); and
(iv) In time of declared war or a contingency operation, CAAF are subject to the jurisdiction of the Uniform Code of
Military Justice under 10 U.S.C. 802(a)(10).
(v) Such employees are required to report offenses alleged to have been committed by or against Contractor
personnel to appropriate investigative authorities.
(vi) Such employees will be provided victim and witness protection and assistance.
(f) Processing and departure points. CAAF shall--
(1) Process through the deployment center designated in the contract, or as otherwise directed by the Contracting
Officer, prior to deploying. The deployment center will conduct deployment processing to ensure visibility and
accountability of Contractor personnel and to ensure that all deployment requirements are met, including the
requirements specified in paragraph (e)(1) of this clause;
(2) Use the point of departure and transportation mode directed by the Contracting Officer; and
(3) Process through a designated reception site (DRS) upon arrival at the deployed location. The DRS will validate
personnel accountability, ensure that specific designated operational area entrance requirements are met, and brief
Contractor personnel on theater-specific policies and procedures.
(g) Personnel data.
(1) The Contractor shall use the Synchronized Predeployment and Operational Tracker (SPOT) web-based system,
to enter and maintain the data for all CAAF and, as designated by USD (AT&L) or the Combatant
Commander, non-CAAF supporting U.S. Armed Forces deployed outside the United States as specified in paragraph
(b)(1) of this clause.
(2) The Contractor shall enter the required information about their contractor personnel prior to deployment and
shall continue to use the SPOT web-based system at https://spot.altess.army.mil/privacy.aspx to
maintain accurate, up-to-date information throughout the deployment for all Contractor personnel. Changes to status
of individual Contractor personnel relating to their in-theater arrival date and their duty
location, to include closing out the deployment with their proper status (e.g., mission complete, killed, wounded)
shall be annotated within the SPOT database in accordance with the timelines established
in the SPOT business rules.
(h) Contractor personnel.
(1) The Contracting Officer may direct the Contractor, at its own expense, to remove and replace any Contractor
personnel who jeopardize or interfere with mission accomplishment or who fail to comply with or violate applicable
requirements of this contract. Such action may be taken at the Government's discretion without prejudice to its rights
under any other provision of this contract, including the Termination for Default clause.
(2) The Contractor shall identify all personnel who occupy a position designated as mission essential and ensure the
continuity of essential Contractor services during designated operations, unless, after consultation with the
Contracting Officer, Contracting Officer's representative, or local commander, the Contracting Officer directs
withdrawal due to security conditions.
(3) The Contractor shall ensure that Contractor personnel follow the guidance at paragraph (e)(2)(v) of this clause
and any specific Combatant Commander guidance on reporting offenses alleged to have been
committed by or against Contractor personnel to appropriate investigative authorities.
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(4) Contractor personnel shall return all U.S. Government-issued identification, to include the Common Access Card,
to appropriate U.S. Government authorities at the end of their deployment (or, for non-
CAAF, at the end of their employment under this contract).
(i) Military clothing and protective equipment.
(1) Contractor personnel are prohibited from wearing military clothing unless specifically authorized in writing by the
Combatant Commander. If authorized to wear military clothing, Contractor personnel must—
(i) Wear distinctive patches, arm bands, nametags, or headgear, in order to be distinguishable from military personnel,
consistent with force protection measures; and
(ii) Carry the written authorization with them at all times.
(2) Contractor personnel may wear military-unique organizational clothing and individual equipment (OCIE) required for
safety and security, such as ballistic, nuclear, biological, or chemical protective equipment.
(3) The deployment center, or the Combatant Commander, shall issue OCIE and shall provide training, if necessary, to
ensure the safety and security of Contractor personnel.
(4) The Contractor shall ensure that all issued OCIE is returned to the point of issue, unless otherwise directed by the
Contracting Officer.
(j) Weapons.
(1) If the Contractor requests that its personnel performing in the designated operational area be authorized to carry weapons
for individual self-defense, the request shall be made through the Contracting Officer to the Combatant Commander, in
accordance with DoD Instruction 3020.41. The Combatant Commander will determine whether to authorize in-theater
Contractor personnel to carry weapons and what weapons and ammunition will be allowed.
(2) If Contractor personnel are authorized to carry weapons in accordance with paragraph (j)(1) of this clause, the
Contracting Officer will notify the Contractor what weapons and ammunition are authorized.
(3) The Contractor shall ensure that its personnel who are authorized to carry weapons—
(i) Are adequately trained to carry and use them—
(A) Safely;
(B) With full understanding of, and adherence to, the rules of the use of force issued by the Combatant Commander; and
(C) In compliance with applicable agency policies, agreements, rules, regulations, and other applicable law;
(ii) Are not barred from possession of a firearm by 18 U.S.C. 922;
(iii) Adhere to all guidance and orders issued by the Combatant Commander regarding possession, use, safety, and
accountability of weapons and ammunition;
(iv) Comply with applicable Combatant Commander and local commander force-protection policies; and
(v) Understand that the inappropriate use of force could subject them to U.S. or host-nation prosecution and civil liability.
(4) Whether or not weapons are Government-furnished, all liability for the use of any weapon by Contractor personnel rests
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solely with the Contractor and the Contractor employee using such weapon.
(5) Upon redeployment or revocation by the Combatant Commander of the Contractor’s authorization to issue firearms, the
Contractor shall ensure that all Government-issued weapons and unexpended ammunition are returned as directed by the
Contracting Officer.
(k) Vehicle or equipment licenses. Contractor personnel shall possess the required licenses to operate all vehicles or
equipment necessary to perform the contract in the designated operational area.
(l) Purchase of scarce goods and services. If the Combatant Commander has established an organization for the
designated operational area whose function is to determine that certain items are scarce goods or services, the
Contractor shall coordinate with that organization local purchases of goods and services designated as scarce, in
accordance with instructions provided by the Contracting Officer.
(m) Evacuation.
(1) If the Combatant Commander orders a mandatory evacuation of some or all personnel, the Government will
provide assistance, to the extent available, to United States and third country national Contractor personnel.
(2) In the event of a non-mandatory evacuation order, unless authorized in writing by the Contracting Officer, the
Contractor shall maintain personnel on location sufficient to meet obligations under this contract.
(n) Next of kin notification and personnel recovery.
(1) The Contractor shall be responsible for notification of the employee-designated next of kin in the event an
employee dies, requires evacuation due to an injury, or is isolated, missing, detained, captured, or abducted.
(2) In the case of isolated, missing, detained, captured, or abducted Contractor personnel, the Government will assist
in personnel recovery actions in accordance with DoD Directive 3002.01E, Personnel Recovery in the Department of
Defense.
(o) Mortuary affairs. Contractor personnel who die while in support of the U.S. Armed Forces shall be covered by
the DoD mortuary affairs program as described in DoD Directive 1300.22, Mortuary Affairs Policy, and DoD
Instruction 3020.41, Operational Contractor Support.
(p) Changes. In addition to the changes otherwise authorized by the Changes clause of this contract, the Contracting
Officer may, at any time, by written order identified as a change order, make changes in the place of performance or
Government-furnished facilities, equipment, material, services, or site. Any change order issued in accordance with
this paragraph (p) shall be subject to the provisions of the Changes clause of this contract.
(q) Subcontracts. The Contractor shall incorporate the substance of this clause, including this paragraph (q), in all
subcontracts when subcontractor personnel are supporting U.S. Armed Forces deployed
outside the United States in--
(1) Contingency operations;
(2) Humanitarian assistance operations;
(3) Peace operations consistent with Joint Publication 3-07.3; or
(4) Other military operations or military exercises, when designated by the Combatant Commander or as directed by
the Secretary of Defense.
(End of clause)
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252.225-7041 CORRESPONDENCE IN ENGLISH (JUNE 1997)
The Contractor shall ensure that all contract correspondence that is addressed to the United States Government is
submitted in English or with an English translation.
(End of clause)
252.229-7001 TAX RELIEF (SEPT 2014)
(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is
exempt by virtue of tax agreements between the United States Government and the Contractor's government. The
following taxes or duties have been excluded from the contract price:
NAME OF TAX:_________VAT___________ RATE (PERCENTAGE): ______20_________
(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.
(End of clause)
CCE 204-4000 U.S. AND HOST NATION HOLIDAYS (March 2005)
US Holidays Work Shall/Shall Not --- Can/Cannot be performed on U.S. holidays occurring during the normal
workweek. 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/Shall Not --- Can/Cannot be performed on local Host Nation* holidays occurring
during the normal workweek.
* Local host nation holidays occur in the region/state where contract performance takes place.
The U.S. holidays are:
New Year's Day January 1st
M L King Memorial Day 3d Monday in January
Presidents' Day 3d Monday in February
Memorial Day last Monday in May
Independence Day July 4th
Labor Day 1st Monday in September
Columbus Day 2d Monday in October
Veterans' Day November 11th
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Thanksgiving Day 4th Thursday in November
Christmas Day December 25th
The Ukranian national and local holidays are:
New Year’s Day January 1st
Orthodox Christmas January 7
Womens Day March 8
Public Holiday March 25
Labor Day May 1- May 3
Victory Day May 9 – May 10
Orthodox Pentecost June 24
Constitution Day June 28
Oraza Bairam August 8
Independence Day August 24 – August 26
Qurban Bagram October 15
(End of local clause)
CCE 204-4005 CONVENTIONAL FORCES EUROPE (CFE) TREATY VERIFICATION INSPECTION
(March 2005)
Contractor-owned or controlled structures and containers located on U.S. Government installations are subject to
short-notice inspections by CFE treaty inspection teams. The Government will endeavor to provide the Contractor
as much notice as possible in the
event of such inspections. The contractor shall provide access to such structures and containers at the request of the
Government. The Contractor shall report such inspections to the Contracting Officer in writing within ten (10)
calendar days of completion of the inspection. Contractor-owned or controlled structures and/or containers on U.S.
installations may have to be inspected to comply with the CFE treaty even if Contractor personnel are unavailable to
provide access. Any costs borne by the Contractor or any impact on contract performance as a result of the
inspection will be a matter of negotiation between the Contractor and the Contracting Officer.
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)
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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-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.233-4002 AMC-LEVEL PROTEST PROGRAM (January 2014)
If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with
the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level
Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an
Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office or
other external forum. Contract award or performance is suspended during the protest to the same extent, and within
the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20
working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. Send
protests (other than protests to the contracting officer) to:
Protest to HQAMC shall be filed at:
Headquarters U.S. Army Materiel Command
Office of Command Counsel-Deputy Command Counsel
4400 Martin Road
Rm: A6SE040.001
Redstone Arsenal, AL 35898-5000
Fax: (256) 450-8840 or e-mail: [email protected]
Packages sent by FedEx or UPS should be addressed to:
Headquarters U.S. Army Materiel Command
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Office of Command Counsel-Deputy Command Counsel
4400 Martin Road
Rm: A6SE040.001
Redstone Arsenal, AL 35898-5000
The AMC-level protest procedures are found at:
http://www.amc.army.mil/pa/COMMANDCOUNSEL.asp
If Internet access is not available, contact the contracting officer or HQ, AMC to obtain the AMC-Level Protest
Procedures.
(End of Provision)