All contractor personnel attending meetings, answering ... Web view15/05/2015 · Moving...

SEE ADDENDUM

(No Collect Calls)

HQ0236-15-T-0007 07-May-2015b. TELEPHONE NUMBER

440-26038. OFFER DUE DATE/LOCAL TIME

10:00 AM 26 May 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 OFFER17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

HQ02369. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION INFORMATION CALL:

a. NAME

JAMES MILLER

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

0 27a. 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 61OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMSHQ023650824401

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 ARESET 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

DSCA GEORGE C. MARSHALL CENTERCONTRACTING BRANCHGERNACKER STRASSE 2 GEB 11282467 GARMISCH-PARTENKIRCHEN,GERMANY

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDERDPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS

8(A)

HUBZONE SMALL BUSINESS

ECONOMICALLY DISADVANTAGED WOMEN-OWNED SMALL BUSINESS (EDWOSB)

SIZE STANDARD:

NAICS:

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANYCOPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT24.22.21.19.

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32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS (CONTINUED)

PAGE 2 OF 61

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENTREPRESENTATIVE

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 VERIFIEDCORRECT 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 PAYMENT41b. 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) BACKPrescribed 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.

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Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT0001 15 Days

Transportation Services - MovingFFPMoving team to include four movers and one truck capable of 4-6 tons payload and all associated moving equipment, boxes, tools and items per Performance Work Statement (PWS). One day is defined as a maximum of eight hours of service.FOB: DestinationPURCHASE REQUEST NUMBER: HQ023650824401

NET AMT

FSC CD: V119

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT0002 15 Days

Additional crew membersFFP4 additional crew members. CLIN includes transportation to and from work site. Services provided as shown in the Performance Work Statement (PWS).FOB: DestinationPURCHASE REQUEST NUMBER: HQ023650824401

NET AMT

FSC CD: V119

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ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT0003 65 Each

Heavy liftFFPHeavy lift per piece as described in the Performance Work Statement (PWS).FOB: DestinationPURCHASE REQUEST NUMBER: HQ023650824401

NET AMT

FSC CD: V119

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT0004 4 Each

Additional truckFFPAdditional truck as described in CLIN 0001 and the Performance Work Statement (PWS).FOB: DestinationPURCHASE REQUEST NUMBER: HQ023650824401

NET AMT

FSC CD: V119

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ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT1001 15 DaysOPTION Transportation Services - Moving

FFPMoving team to include four movers and one truck capable of 4-6 tons payload and all associated moving equipment, boxes, tools and items per Performance Work Statement (PWS). One day is defined as a maximum of eight hours of service.FOB: DestinationPURCHASE REQUEST NUMBER: HQ023650824401

NET AMT

FSC CD: V119

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT1002 15 DaysOPTION Additional crew members

FFP4 additional crew members. CLIN includes transportation to and from work site. Services provided as shown in the Performance Work Statement (PWS).FOB: DestinationPURCHASE REQUEST NUMBER: HQ023650824401

NET AMT

FSC CD: V119

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ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT1003 65 EachOPTION Heavy lift

FFPHeavy lift per piece as described in the Performance Work Statement (PWS).FOB: DestinationPURCHASE REQUEST NUMBER: HQ023650824401

NET AMT

FSC CD: V119

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT1004 4 EachOPTION Additional truck

FFPAdditional truck as described in CLIN 1001 and the Performance Work Statement (PWS).FOB: DestinationPURCHASE REQUEST NUMBER: HQ023650824401

NET AMT

FSC CD: V119

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ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT2001 15 DaysOPTION Transportation Services - Moving

FFPMoving team to include four movers and one truck capable of 4-6 tons payload and all associated moving equipment, boxes, tools and items per Performance Work Statement (PWS). One day is defined as a maximum of eight hours of service.FOB: DestinationPURCHASE REQUEST NUMBER: HQ023650824401

NET AMT

FSC CD: V119

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT2002 15 DaysOPTION Additional crew members

FFP4 additional crew members. CLIN includes transportation to and from work site. Services provided as shown in the Performance Work Statement (PWS).FOB: DestinationPURCHASE REQUEST NUMBER: HQ023650824401

NET AMT

FSC CD: V119

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ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT2003 65 EachOPTION Heavy lift

FFPHeavy lift per piece as described in the Performance Work Statement (PWS).FOB: DestinationPURCHASE REQUEST NUMBER: HQ023650824401

NET AMT

FSC CD: V119

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT2004 4 EachOPTION Additional truck

FFPAdditional truck as described in CLIN 2001 and the Performance Work Statement (PWS).FOB: DestinationPURCHASE REQUEST NUMBER: HQ023650824401

NET AMT

FSC CD: V119

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY 0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government

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1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC 0001 N/A N/A N/A N/A 0002 N/A N/A N/A N/A 0003 N/A N/A N/A N/A 0004 N/A N/A N/A N/A 1001 N/A N/A N/A N/A 1002 N/A N/A N/A N/A 1003 N/A N/A N/A N/A 1004 N/A N/A N/A N/A 2001 N/A N/A N/A N/A 2002 N/A N/A N/A N/A 2003 N/A N/A N/A N/A 2004 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-14 Inconsistency Between English Version And Translation Of

Contract FEB 2000

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997

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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 252.233-7001 Choice of Law (Overseas) JUN 1997

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (APR 2014)

(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

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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 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.

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(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.

(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

https://assist.dla.mil/wizard/index.cfm

http://assistdocs.com/

http://quicksearch.dla.mil/

https://assist.dla.mil/online/start/

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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.

(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:

Past PerformancePrice

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

ADDENDUM TO 52.212-2 EVALUATION – COMMERCIAL ITEMS

FACTOR 1 - PAST PERFORMANCEPast performance is one indicator of an offeror’s ability to perform the contract successfully. Current and relevant information, source of information, context of data and general trends in contractor’s performance shall be

https://www.acquisition.gov/

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considered as it pertains to the performance of work described in the solicitation. This solicitation shall be evaluated on a pass or fail basis. To assist in this determination, bidders/offerors are required to submit the following information:

a) Name of project.

b) CO’s & COR’s name, address, telephone number, email address, and fax.

c) Brief description of project.

d) Problems encountered & corrective action.

e) Contract number.

f) Type of contract.

g) Term of contract.

h) Value of contract.

i) Whether the contract was terminated, including partial termination.

Failure to furnish this information shall result in the determination that your firm is nonresponsive and rejection of your submission.

FACTOR 2 - PRICEA. The price stated in the Schedule of Supplies or Services shall be inclusive of all costs incurred with providing this service, including supplies, delivery, set-up/pick-up, education, etc.

B. Award will be made to the offeror providing a technically accepted proposal with the lowest evaluated price.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2015) ALTERNATE I (OCT 2014)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (b) through (i) of this provision.

(a) Definitions. As used in this provision:

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

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"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.

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except-- (1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.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

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(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that-- (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-- (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation.

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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 small business concern" means a small business concern—

“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 its stock 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 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. (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 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 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.

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(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--

(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--

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(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.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(d) 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 to the Equal Opportunity clause of this solicitation; 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 parts 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”:

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Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:


[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or 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:


[List as necessary]

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. 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.:

___ [List as necessary]

(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. 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:

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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 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:


[List as necessary]

(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


[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

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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 the offeror and/or any of its principals--

(1) [ ___ ] 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:

(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. §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 appear 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. §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. §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.

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(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 Product

Listed End Product: Listed Countries of 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.]

[ ___ ] (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 is 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.

(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;

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(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

(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: ___ _.

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[ ___ ] TIN has been applied for.

[ ___ ] 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—

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(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.

(1) The offeror shall email questions concerning sensitive technology to the Department of State at [email protected].

(2) Representation and Certification. 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: ___

http://www.treasury.gov/ofac/downloads/t11sdn.pdf

mailto:[email protected]

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(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: ___

(Do not use a “doing business as” name)

(End of Provision)

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (DEC 2014)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public

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enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

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(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

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(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

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(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations.

https://www.acquisition.gov/

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(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an ``I agree'' click box or other comparable mechanism (e.g., ``click-wrap'' or ``browse-wrap'' agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) (APR 2015)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(End of Clause)

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52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

(End of clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor prior to the expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed three years plus a maximum of 6 months extension as prescribed in 52.217-8.

(End of clause)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER—OTHER THAN SYSTEM FOR AWARD MANAGEMENT (JULY 2013)

(a) Method of payment. (1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT) except as provided in paragraph (a)(2) of this clause. As used in this clause, the term “EFT” refers to the funds transfer and may also include the payment information transfer.

(2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either--

(i) Accept payment by check or some other mutually agreeable method of payment; or

(ii) Request the Government to extend payment due dates until such time as the Government makes payment by EFT (but see paragraph (d) of this clause).

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(b) Mandatory submission of Contractor's EFT information. (1) The Contractor is required to provide the Government with the information required to make payment by EFT (see paragraph (j) of this clause). The Contractor shall provide this information directly to the office designated in this contract to receive that information (hereafter: “designated office”') with submission of the first invoice. If not otherwise specified in this contract, the payment office is the designated office for receipt of the Contractor's EFT information. If more than one designated office is named for the contract, the Contractor shall provide a separate notice to each office. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the designated office(s).

(2) If the Contractor provides EFT information applicable to multiple contracts, the Contractor shall specifically state the applicability of this EFT information in terms acceptable to the designated office. However, EFT information supplied to a designated office shall be applicable only to contracts that identify that designated office as the office to receive EFT information for that contract.

(c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR part 210.

(d) Suspension of payment. (1) The Government is not required to make any payment under this contract until after receipt, by the designated office, of the correct EFT payment information from the Contractor. Until receipt of the correct EFT information, any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply.

(2) If the EFT information changes after submission of correct EFT information, the Government shall begin using the changed EFT information no later than 30 days after its receipt by the designated office to the extent payment is made by EFT. However, the Contractor may request that no further payments be made until the updated EFT information is implemented by the payment office. If such suspension would result in a late payment under the prompt payment terms of this contract, the Contractor's request for suspension shall extend the due date for payment by the number of days of the suspension.

(e) Liability for uncompleted or erroneous transfers. (1) If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT information incorrectly, the Government remains responsible for--

(i) Making a correct payment;

(ii) Paying any prompt payment penalty due; and

(iii) Recovering any erroneously directed funds.

(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and--

(i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or

(ii) If the funds remain under the control of the payment office, the Government shall not make payment and the provisions of paragraph (d) shall apply.

(f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System.

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(g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall provide the EFT information required by paragraph (j) of this clause to the designated office, and shall be paid by EFT in accordance with the terms of this clause. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause.

(h) Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from changes to EFT information provided by the Contractor's financial agent.

(i) Payment information. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address in the contract.

(j) EFT information. The Contractor shall provide the following information to the designated office. The Contractor may supply this data for this or multiple contracts (see paragraph (b) of this clause). The Contractor shall designate a single financial agent per contract capable of receiving and processing the EFT information using the EFT methods described in paragraph (c) of this clause.

(1) The contract number (or other procurement identification number).

(2) The Contractor's name and remittance address, as stated in the contract(s).

(3) The signature (manual or electronic, as appropriate), title, and telephone number of the Contractor official authorized to provide this information.

(4) The name, address, and 9-digit Routing Transit Number of the Contractor's financial agent.

(5) The Contractor's account number and the type of account (checking, saving, or lockbox).

(6) If applicable, the Fedwire Transfer System telegraphic abbreviation of the Contractor's financial agent.

(7) If applicable, the Contractor shall also provide the name, address, telegraphic abbreviation, and 9-digit Routing Transit Number of the correspondent financial institution receiving the wire transfer payment if the Contractor's financial agent is not directly on-line to the Fedwire Transfer System; and, therefore, not the receiver of the wire transfer payment.

(End of clause)

52.247-13 ACCESSORIAL SERVICES--MOVING CONTRACTS (APR 1984)

(a) Packing and/or crating and padding. The Contractor shall--

(1) Perform all of the packing and/or crating and padding necessary for the protection of the goods to be transported;

(2) Furnish packing containers, including, but not limited to, barrels, boxes, wardrobes, and cartons; all crating

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materials; and all padding materials and equipment;

(3) Furnish or cause to be furnished, when necessary, padding or other protective material for the interior of the buildings, including elevators, from and to which the property will be moved under this contract; and

(4) Ensure that all containers and materials are clean and of quality sufficient for protection of the goods.

(b) Disassembling and reassembling of property and servicing appliances. The disassembling of property; e.g., beds and sectional bookcases, and the preparing of appliances; e.g., washers, driers, and record players, for shipment shall be performed by the Contractor. The Contractor shall reassemble the property and service the appliances upon delivery at the new location.

(c) Unpacking and/or uncrating and placement of property. The Contractor shall unpack and/or uncrate all property that was packed and/or crated for movement under this contract. The Contractor shall also place the property in the new location as instructed by the owner of the property or authorized representative, and shall remove all packing and similar or related material from the premises as requested by the owner.

(End of clause)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

http://www .arnet.gov/far

http://www.farsite.hill.af.mil

http://www.acq.osd.mil/dpap/dars/dfars/index.htm

(End of clause)

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

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

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

(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)

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

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

(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall--

(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;

(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;

(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and

(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.

(c) The requirements of this clause do not apply to any subcontractor that is--

(1) A foreign government;

(2) A representative of a foreign government; or

(3) A foreign corporation wholly owned by a foreign government.

(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from: HQDA (DAMO-ODL)/ODCSOP; telephone, DSN 225-8491 or commercial (703)695-8491 and the GCMC Security Office.

(End of clause)

252.229-7001 TAX RELIEF (SEPT 2014) - ALTERNATE I (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: [Mehrwertsteuer]RATE (PERCENTAGE): [19%]

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(b) The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged. (c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract. (d) Tax relief will be claimed in Germany pursuant to the provisions of the Agreement Between the United States of America and Germany Concerning Tax Relief to be Accorded by Germany to United States Expenditures in the Interest of Common Defense. The Contractor shall use Abwicklungsschein fuer abgabenbeguenstigte Lieferungen/Leistungen nach dem Offshore Steuerabkommen (Performance Certificate for Tax-Free Deliveries/Performance according to the Offshore Tax Relief Agreement) or other documentary evidence acceptable to the German tax authorities. All purchases made and paid for on a tax-free basis during a 30-day period may be accumulated, totaled, and reported as tax-free.

(End of clause)

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

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

Host Nation Holidays Work Can be performed on local Host Nation* holidays occurring during the normal workweek unless otherwise directed by the contracting officer.* Local host nation holidays occur in the region/state where contract performance takes place.

The U.S. holidays are: The Netherlands holidays are:New Year's Day January 1st New Year’s Day 01 JanuaryM L King Memorial Day 3d Monday in January Good Friday Varies yearlyPresidents' Day 3d Monday in February Easter Monday Varies yearlyMemorial Day last Monday in May The Queen’s Birthday 30 AprilIndependence Day July 4thLabor Day 1st Monday in September Ascension Day Varies yearlyColumbus Day 2d Monday in October Whit-Monday Varies yearlyVeterans' Day November 11th Christmas Day 25 DecemberThanksgiving Day 4th Thursday in November Boxing Day 26 DecemberChristmas Day December 25th

The Belgium holidays are: Luxembourg holidays are:New Year’s Day 01 January New Year’s Day 01 JanuaryEaster Monday varies yearly Carnival Monday varies yearlyLabor Day 01 May Easter Monday varies yearlyAscension Day varies yearly May Holiday 01 MayBank Holiday varies yearly Ascension Day varies yearlyWhit-Monday varies yearly Whit-Monday varies yearlyNational Independence Day 21 July National Holiday 23 JuneAssumption 15 August Assumption 01 November

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All Saints Day 01 November All Souls’ Day 02 NovemberArmistice Day 11 November Christmas Day 25 DecemberDynasty Day varies yearly Christmas Day 26 DecemberChristmas Day 25 December Boxing Day 26 December

The German national and local holidays are : New Years Day 01 January Three King's Day (Only in Baden Wurttemberg and Bavaria) 06 JanuaryGood Friday VariesEaster Monday VariesLabor Day 01 May Ascension Day Varies Whit Monday VariesCorpus Christi (Only in Baden-Wurttemberg, Bavaria, Hessen, Varies

Nordrhein- Westphalia,Rhineland-Palatinate and Saarland)Assumption Day (Only in Saarland and Roman Catholic 15 August

areas of Bavaria)Day of German Unity 03 OctoberAll Saints' Day (Only in Baden-Wuerttemberg, Bavaria, 01 November North Rhine-Westphalia, Rhineland-Palatinate and Saarland)1st Christmas 25 December2nd Christmas Day 26 December

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

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

Contractor employees who:(a) are not nationals of Germany or other European Union countries, and(b) are not members of the force, the civilian component or their dependents, and(c) do not have assimilated status under Articles 71, 72, or 73 of the Supplementary Agreement to the NATO SOFA shall possess work and residence permits.

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

CCE 225-4001 INSTALLATION CLEARANCE REQUIREMENTS (March 2005)

(a) Access to U.S. installations and controlled areas is limited to personnel who meet security criteria and are authorized by Host Nation law to work in that country. Failure to submit required information/data and obtain

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required documentation or clearances in accordance with AE Regulation 190-16, Installation Access Control, will be grounds for denying access to U.S. installations and controlled areas. The Contractor is responsible to ensure that any Subcontractor used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any Subcontractor utilized by the contractor, are made aware of and comply with these requirements.

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

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

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

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

Organizational Sponsor: Manuel Espaillat

Location: Gernackerstr.2, 82467 Garmisch-Partenkirchen Building No: 101

DSN Phone No: 4402-511 Commercial Phone No: 08821-750 2 511

Installation Access Control Office: IACS

Location: Breitenauerstr. 16 Building No: 203

DSN Phone No: 4403-558 Commercial Phone No: 08821-750 3 558

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 informationon their invoice at time of invoice submission. Only one EFT instruction per invoice is authorized.- SWIFT CODE- BLZ or BANK ROUTING NUMBER- ACCOUNT NUMBER- BANK NAME- International Bank Account Number (IBAN)(if applicable): ___________________________

CCE 237-4000 CONTRACTOR IDENTIFICATION REQUIREMENT (March 2005)

All contractor personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious are required to identify themselves as such to avoid being mistaken for Government officials. Contractors performing work at Government workplaces will provide their employees with

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an easily readable identification (ID) badge indicating the employee’s name, the contractor’s name, the functional area of assignment, and a recent color photograph of the employee. Contractors shall require their employees wear the ID badges visibly when performing work at Government workplaces. Contractor personnel must also ensure that all e-mails, documents or reports they produce are suitably marked as contractor products or that contractor participation is appropriately disclosed.

PWS

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Performance Work Statement

Moving Services

1. Introduction. This Performance Work Statement (PWS) consists of Movement functions related to the physical transport of supplies/equipment, and furniture as well as the setting up and dismantling of equipment and furniture in support George C. Marshall Center sponsored and hosted special events and facility reutilization efforts/initiatives.

2.0 Scope of Work

2.1. The contractor shall provide all personnel, equipment, tools, materials, supervision and other items or services necessary to perform the moving services as outlined in this PWS. The contractor shall perform to the standards outlined in this contract. The estimated quantities of work are listed in Technical Exhibit (TE) 1, Workload Estimates.

3.0 Contractor Responsibilities

3.1 Contract Manager. The contractor shall provide a Contract Manager who shall be responsible for the performance of the work. The name and phone number of this person, and an alternate who shall act for the contractor when the primary Contract Manager is absent, shall be designated in writing to the Contracting Officer. The Contract Manager must speak English or provide the means necessary to understand the requirements.

3.1.1 The COR and the Contracting Officer must be able to contact either the primary or alternate Contract Manager within 24 hours a day regarding emergencies, severe weather notification, or other urgent matters.

3.1.2 When request by the COR or Contracting Officer, the primary or alternate Contract Manager shall be at the scene of an accident or other emergency within 2 hours of notification.

3.1.3 The COR shall be responsible for continuous observations of the contractor's performance under this contract. All observation of incomplete of defective performance or safety standards violated shall be recorded. Written notices issued by the COR shall require the Contractor Manager to reply, in writing, to the COR within five business working days after receipt, explaining every question and/or the reasons for the existing conditions, the corrective action, and procedures taken to prevent recurrence.

3.2 Contractor Operations. The Contractor shall adhere to applicable Host Nation laws, installation regulations, and the safety procedures.

3.2.1. The standard work team shall consist of at least 4 employees, with 2 permanent employees at a minimum.

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3.2.2 The contractor shall have the capability to provide one team of four employees, and increments of any given number of additional crew member teams, as needed.

3.2.3 A permanent team leader/supervisor and/or alternate must be present during working hours. The team leader/supervisor shall be able to understand and speak English well enough to be able to communicate with the Contracting Officer's Representative (COR), and/or discuss relay instructions.

4.4. Contractor Manning and Skill Levels. The contractor shall furnish all necessary qualified personnel, and manage and direct same to accomplish the requirements of the PWS during the term of contract performance. In determining whether or not the contractor has performed with due diligence under the contract, it is agreed and understood that the COR may measure the amount and quality of the contractor's effort against the manning, skill levels, and personnel representations made by the contractor in its proposal and negotiation of this contract. The contractor shall establish and maintain the total manning level(s) denoted in the contractor's proposal. Manning shall not be reduced below the proposed manpower.

4.5. The contractor shall not utilize the services of any person in the performance of this contract whose presence or action(s) endangers the health, life, safety or security of personnel or property.

4.6. The contractor personnel/work team shall always present a neat appearance and be easily recognized. This shall be accomplished by wearing distinctive clothing (uniforms). As a minimum, work team members up to supervisor level will wear a uniform (shirts and/or pants) with printed or embroidered badges that clearly depict the company name and employee name. The uniform worn by the team supervisor shall reflect the specific individual's position. Also, all clothing must always be neat and clean in appearance. The wear of undergarment as outer garments; e.g. undershirts shall not display illegal, subversive, obscene, profane, or lewd words or drawings and advertising logos. However, undershirts may display a company logo. Moving team members shall wear safety-toed boots/shoes with non-skid sole, as required.

4.7. The contractor shall comply with Federal drug-free workplace and work force requirements IAW FAR 52.223-6 and 252.223.7004, Federal Acquisition Regulations.

4.8. The contractor and its employees shall comply with base traffic regulations inside and outside areas of work.

4.9. The contractor and its employees shall comply with the Marshall Centers (MC) smoking policy as described in MC 04-25 and AR 600-63, Army Health Promotion.

4.10. The contractor shall safeguard all Government property. At the close of each work period, vehicles, facilities, support equipment, and materials shall be secured. Contractor shall report all thefts, vandalism, or destruction of property and or equipment (Government or contractor owned) to the Military Police and COR immediately upon discovery.

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4.12. The contractor shall establish and maintain a complete Quality Control Plan to assure the requirements of the contract are provided as specified. Two copies of the contractor's Quality Control Plan shall be provided to the COR NLT pre-performance conference. An updated copy must be provided to the COR on contract start date and as changes occur. The plan shall include an inspection system covering all the services listed in the PWS.

4.13. Government verification inspections of services shall not constitute acceptance, nor replace the contractor inspection or in any way relieve the contractor of any responsibility to take all actions necessary to assure highest quality of service rendered.

4.13. The Contractor may be required to meet once with the COR during the first month of the contract. Meetings shall be as often as necessary thereafter as determined by the COR. However, if the contractor requests, a meeting shall be held whenever a Contract Discrepancy Report (CDR) is issued. The written minutes of these meetings shall be signed by the Contractor and COR. Should the contractor not concur with the minutes, the contractor shall so state any areas of non-concurrence in writing to the COR within ten calendar days of receipt of the signed minutes.

5.0. Operating Time and Hours

5.1. Moving services will be coordinated/scheduled in writing via e-mail or other written correspondence at least 2 working days in advance.

5.2. Moving Services shall be rendered on the ordered date from 08.00 -17.00, M-F. On occasion, services may be required for support outside the normal duty hours described above. Weekend work, other than that described within the PWS shall be negotiated.

5.3. Cancellations of scheduled Moving Services will be provided by the Property Book Office (PBO) or the COR in writing at least 2 working days in advance.

5.4. Recognized Holidays: Except for work categorized as emergency, the contractor is not required to provide any services on the following German federal holidays: New Year's Day, Three King's Day, Good Friday, Easter Sunday, Easter Monday, May Day, ascension Day, White Sunday, White Monday, Corpus Christi Day, Assumption of the Blessed Virgin, Day of German Unity, All Saint's Day, First Day of Christmas, Second Day of Christmas.

6.0 Conservation of Utilities. The contractor shall be directly responsible for instructing employees in utilities conservation practices. The contractor shall be responsible for operating under conditions, which preclude the waste of utilities, which shall include, but are not limited to:

6.1. Lights shall be used only in areas where and when work is actually being performed except as required for security.

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6.2. Mechanical equipment controls for heating, ventilation and air conditioning systems shall not be adjusted by the work team members.

6.3. Water faucets and valves shall be turned off after the required usage has been accomplished.

7.0 Place of Performance: George C. Marshall Center (Sheridan Kaserne, Artillery Kaserne, Edelweiss Hotel).

8.0. Safety and Accident Prevention

8.1. The contractor shall formulate and submit, within 30 days after the conditional contract award date, a written safety plan for acceptance by the Government. The written plan shall include the details of the contractor's safety organization, responsibilities, method of program implementation, and how hazards and deficiencies shall be identified and corrected. It shall detail work team members responsibilities for: protection of Government property and safety of others, work team member’s responsibilities for reporting all mishaps, and establish procedures for reporting or correcting unsafe conditions, hazards, or practices. The plan shall also contain mishap notification and reporting procedures. The contractor shall have a central POC for safety related issues. The POC shall be identified in writing to the Contracting Officer.

8.2. Contractor responsibilities. The contractor shall:

8.2.1. Ensure employees have safety education when engaged in activities involving Government facilities, equipment, or personnel.

8.2.2. Immediately notify MC safety personnel or the COR of all accidents/incidents involving employee use of and/or damage/injury to facilities, equipment, or personnel.

8.3. Accident/Incident Reporting and Investigation. The contractor shall:

8.3.1. Implement a system which shall promptly identify and report safety hazards and mishaps involving MC facilities or equipment to the COR. The COR shall assist the CO in investigation and reporting of such mishaps. Mishap investigation and reporting of accidents involving only contractor employees shall be the responsibility of the contractor. Immediately notify the PBO and the COR of serious work-related injury or death of contracting employees. The COR shall conduct work site visits of contractor operations to ensure MC facilities and equipment are used and maintained IAW U.S. Army safety standards. The contractor shall take action to correct unsafe conditions/hazards identified during such visits.

8.3.2 If the Government elects to conduct an investigation of the accident, the contractor must cooperate fully and assist the Government personnel until the investigation is completed.

9.0. Removal of Equipment, Supplies and Materials from Government Facilities.

Upon completion of the moving services, the COR shall observe the removal of incumbent contractor's equipment from the installation premises. All contractor equipment, supplies and materials shall be removed, unless otherwise authorized. All Government Furnished Equipment (GFE) shall remain in its

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designated area, or disposed of as directed by the COR. All parts, materials, and supplies invoiced to the Government shall remain the property of the Government and shall remain in its designated area. A final inventory and evaluation of GFE shall be made prior to payment of final invoice.

10.0. Deliverables.

10.1. Accident or Incident Reports. The Contractor shall submit a written Accident Report or Incident Report to the COR by close of business the next duty day. The minimum written report contents are at Addendum H.

10.2. Personnel List. Not less than thirty (30) days before services begin and as changes occur, the Contractor shall provide the COR a typed list of all personnel to perform services under this contract. The minimum reporting requirements are at paragraph C.12. Addendum C.

10.3. Vehicle List. Not less than thirty (30) calendar days before services begin and as changes occur, the Contractor shall provide the COR a list identifying all regular and replacement vehicles to be used under this contract.

10.4. Installation Passes. Applications for Installation Passes shall be accomplished in accordance with Army in Europe (AE) Regulation 190-16. Contractor personnel who require entry to access-controlled installations shall provide digitized fingerprint minutia data during the IACS registration process. Additional information is provided in Addendum B.

11.1 The QASP and its performance objectives are as follows:

Performance Objective

Performance Standard

Acceptable Quality Level

Surveillance Method

Compliance

Movement functions related to the physical transport of supplies/equipment, and furniture as well as the setting up and dismantling of equipment and furniture in support George C. Marshall Center sponsored

Ensure project is completed daily in a timely and professional manner, and according to GCMC Policies

Project shall be completed according to local requirements, interior design space criteria

Random COR Surveillance andCustomer Feedback

For any deficiencies, non-acceptance of services. A Contract Discrepancy Report (CDR), will be issued for non-satisfactory performance . The Contractor will have five workdays to provide a response that includes an improvement strategy for addressing the issues. 10 days after issuing the CDR, the Contractor will be re-rated. If performance does not comply with PWS, the PCO will be notified, the performance record will be documented, and PCO may pursue contract action.

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11.0. Supporting Information.

Addendum A. Definitions

Addendum B. Contractor Personnel Standards and Requirements

Addendum C. Safety Procedures

Addendum D. Vehicle Standards and Requirements

Addendum E. Contractor Furnished Items and Services

Addendum F. Specific Tasks

Addendum G. Technical Exhibit (TE) 1

Addendum H. Historical Data

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Addendum A: DEFINITIONS AND ACRONYMS

A.I. GENERAL. In this section both definitions and acronyms are included. Commonly used words and phrases are defined.

A.2. DEFINITIONS:

A.2.1. Contracting Officer (CO) The duly appointed government agent authorized to award or administer contracts. The contracting officer is the only person authorized to contractually obligate the government.

A.2.I.2. Contracting Officer Representative. The individual who acts as the representative for the Contracting Officer.

A.2.I .3. Contractor. The individual or company responsible for performing the duties and responsibilities of the PWS.

A.2.1.4. Contractor Supplied Vehicles. Vehicles supplied by the contractor, which are operated and controlled by contractor personnel.

A.2.I.5. Contractor Discrepancy Report. Used to document unacceptable performance.

A.2.I.6. Contractor Personnel. Personnel supplied by the contractor that is part of the work team.

A.2.I .7. Defective Service. A service output that does not meet the standard of performance specified in the contract for that service.

A.2.1.8. Inspection. Examination of supplies and services to determine conformance to contractual requirements.

A.2.1.9. Operational Contract Start Date. Date the contractor assumes all responsibility for moving services IAW with the PWS.

A.2.1.10. Performance Requirements. The point that divides acceptable and unacceptable performance.

A.2.1.Il. Quality Assurance (QA). Actions taken by the Government to insure services meet the requirements of the PWS.

A.2.1.I2. Quality Assurance Surveillance Plan (QASP). An organized, written document specifying the surveillance methodology to be used for surveillance of contractor performance.

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A.2.1.13. Quality Control Plan. Those actions are taken by a contractor to control the moving services so that they meet the requirements of the PWS.

A.2.2. ACRONYMS / ABBREVIATIONS:

CDR Contract Discrepancy Report CFE Contractor Furnished EquipmentCO Contracting OfficerCOR Contracting Officer’ RepresentativeGF Government FurnishedGFE Government Furnished Equipment GFP Government Furnished PropertyNON Notice of Non-complianceNOV Notice of ViolationPBO Property Book OfficeQA Quality AssuranceQASP Quality Assurance Surveillance PlanQC Quality ControlREG Regulation ROD Report of DiscrepancyRDD Required Delivery Date

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Addendum B: Security Standards and Requirements

B1. Installation Passes.

B1.1. The sponsoring organization will ensure:

B.1.1.1. Sponsored Contractor personnel have a legitimate requirement to enter the installation.

B.1.1.2. The AE Form 190-16A is prepared for each authorized installation-pass applicant for the minimum number of installations to which access is required by U.S. Army Garrison-Garmisch or installation. If access is required to more than one U.S. Army garrison or installation, detailed justification is required.

B.1.1.3. If the sponsoring official cannot escort the applicant to the servicing Installation Access Control Office (IACO) and the applicant has no other means of obtaining access to the installation, alternate procedures are authorized; see AE Regulation 190-16.

B.1.1.4. Background checks are performed on all individuals seeking an Installation Pass.

B1.1.5. Issued Installation Passes are retrieved and returned to the issuing IACO when the contractual relationship that served as the justification for the Installation Pass changes or is terminated.

B1.2. Contractor Personnel.

B.1.2.1. Installation Passes shall only be used in performance of duties under this contract. The Contractor is responsible for controlling U.S. installation passes issued to Contractor personnel. An installation pass is not a right of the contractor but a privilege and will be treated as such. Installation passes remain the property of the U.S. Government; passes shall be returned to the COR upon expiration of the contract, when a Contractor employee is no longer employed by the Contractor or requires access, or when requested by the COR. Contractor personnel requiring access to USAREUR Area of Responsibility and USAFE (Germany only) controlled and other designated installations, and not possessing an IACS-registered DoD ID Card shall register in the IACS and obtain an Installation Pass under procedures in AE Regulation 190-16.

B1.2.2. The process of obtaining a new Installation Pass for current Installation Pass holders involves more than simply turning in the old pass and receiving a new pass. Installation Pass holders shall coordinate with their sponsoring organization to complete the AE Form 190-16A according to AE Regulation 190-16. The AE Form 190-16A is required to revalidate the Installation Pass holder's access requirements and privileges.

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B.1.2.3. The Contractor shall ensure that Installation Pass applicants have a residence and work permit before receiving an Installation Pass unless exempted by AE Regulation 190-16. A new Police Good Conduct Certificate is needed if the certificate is more than 12 months old.

B.1.2.4. Contractor personnel who are denied an Installation Pass shall be removed from performing service(s) under this contract immediately upon Contractor's receipt of such notification from the Government.

B.1.2.5. Applicants shall submit and carry at all times a copy of the following documents with the application:

B.1.2.5.1. Passport or personal ID card, issued by the country of citizenship (for example, German Personalausweis, Belgium Identity Card, Italian carta d'identita).

B 1.2.5.2. A copy of all required background-check results.

B 1.2.5.3. Verification that the applicant has a residence permit and a work permit, if required.

B 1.2.5.4. The applicant is not required to provide a photograph; a digital photo will be taken during the IACS registration process. Refusal to provide a digital photo and digitized fingerprint minutia data will be the basis for not receiving an Installation Pass.

B.1.2.6. When necessary, a Temporary-Installation Pass may be issued pending completion of a required background check. A Temporary-Installation Pass is valid for up to 90 days and may be extended only once for no more than 90 days with reasonable justification (i.e., unforeseen delay in receiving the Foreign national Screening result). The use of successive temporary installation passes is unauthorized, unless the exception in AE Regulation 190-16 applies.

B.1.2.7. Contractor personnel shall always keep the installation pass and other government-issued documents secure to prevent loss or theft, and never leave them unattended in the vehicle. If an Installation Pass is lost or stolen, the Installation Pass holder shall report it to the local Military Police or Security Forces station and the IACO immediately. The Installation Pass will be flagged in the IACS as lost or stolen. The sponsoring organization must submit a new application to the same IACO where the original Installation Pass was obtained. If requested by the sponsoring official in the application, the expiration date of the Installation Pass may be extended to show a full registration period for that individual's category.

B.1.2.8. During entry into access-controlled installations, security or appropriate command personnel may require an individual to provide digitized fingerprint minutia data (DFMD) for identification-verification purposes. This verification may routinely occur at access control points to USAREUR Area of Responsibility and USAFE (Germany only) installations or at locations beyond the access control point. Refusal to provide a DFMD may be the basis for immediate surrender of the individual's Installation Pass or DOD ID card.

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B.2. Installation Access under different Force Protection Conditions for Contractor Personnel.

B.2.1. The Temporary Installation Pass allows access during Force Protection Conditions Alpha and Bravo. A one-level force protection increase (e.g., increase from Bravo to Charlie) may be granted by the IACO if requested by the sponsoring official/organization.

B.2.2. There is no installation entry restrictions for Contractor personnel who possess an Installation Pass or an IACS-registered DoD ID Card.

B.3. Security/Force Protection Conditions.

B.3.1. In the event security threats increase, the Government may require:

B.3.1.1. Inspection of Contractor vehicles and/or parking areas by U.S. military and/or Host Nation security personnel.

B.3 .1.2. The Contractor is to perform security inspections as directed by the US Government.

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Addendum C: Contractor Personnel Standards and Requirements

C.1. Removal of Contractor Personnel. The Contracting Officer reserves the right to ban any contractor personnel for cause.

C.2. Health. Moving team members must be free of communicable diseases and physical or mental impairment that would affect the ability to perform duties under this contract.

C.3. Language Ability. The Contract Manager, Alternate and moving team supervisor must be able to communicate in the English.

C.4. First Aid and Cardiopulmonary Resuscitation (CPR) Training. One person on the moving team shall have current first aid and CPR certifications either by receiving training in Germany Red Cross First Aid (Erste Hilfe) or American Red Cross First Aid equivalent. The certifications shall be no more than three (3) years old and shall be made available for review upon request by the COR.

C.5. Personal Appearance. Drivers shall be dressed in a neat and professional manner at all times. Moving team members shall also wear shoes with enclosed toes and heels while performing under this contract.

C.6. Background Check. The Contractor shall maintain the most current background checks on file and shall make them available to the COR upon request.

C.7. Contractor Employee Conduct. During performance of this contract, Contractor employees shall not:

C.7.1. Use verbal assault, foul language, personal or racial insults, or threats of personal violence.

C.7 .2. Engage in any conduct of a sexual nature, verbal or physical, to include reading or display of nudity or pornographic material.

C.7.3. Use tobacco products, eat or drink, or report for work under the influence of or impaired by alcohol, drugs, or medications which may affect the ability to perform safely under this contract.

C.7.4. Wear clothing with insignia reflecting religious, political or social messages or slogans.

C.8. Personnel List. Not less than thirty (30) calendar days before services begin, the Contractor shall provide the COR a typed list of all personnel to perform services under this contract. The Contractor shall provide a dated, revised personnel list to the COR as changes occur. The list may be in whatever format is most suited to the Contractor's operations, but shall list each person in alphabetical order in the following manner: full name (last name, first name, and middle initial), country of citizenship, and identification document number/passport number.

C.9. Driver's License/Professional Certifications. The Contractor shall certify that all Contractor drivers have the correct licenses and certifications for the type vehicles they are to operate. The Contractor shall maintain and, upon request by the COR, make available for viewing the driver's licenses and certifications for the type vehicles they are to operate.

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Addendum D: Vehicle Standards and Requirements

D.1. The Contractor shall provide vehicles, which at a minimum meet the standards required by Host Nation laws and regulations. Safety inspections shall be current, and related documents shall be available for inspections by the COR. The Government reserves the right to periodically inspect Contractor vehicles, and if any vehicle is determined to be unsafe or unsatisfactory any found conditions have been corrected. In such an event, the Contractor shall provide a replacement vehicle at no cost to the Government.

D.2. Contractor Vehicles on Government Installations

D.2.1. Parking of Contractor vehicles on Government Installations are subject to approval of the Installation Commander.

D.2.2. Unless it directs the Contractor to park on an U.S. Installation, the Government assumes no liability for damage or loss of parked property under this contract.

D.2.3. The Contractor shall remove at its own expense non-operational Contractor vehicles from U.S. installation property in accordance with instructions issued by the Installation Commander or within forty-eight (48) hours, whichever occurs first.

D.2.4. Routine maintenance, other than safety checks or emergency repairs, shall not be performed on a U.S. installation without prior permission from the Installation Commander.

D.3. Vehicle Records. The Contractor shall maintain and, upon request by the COR, make available for viewing the following records:

D.3.1. Preventive maintenance records.

D.3.2. Proof that each vehicle has a valid Host Nation vehicle inspection.

D.3.3. Repair records.

D.4. Vehicle List. Within 30 days of establishment of this agreement, the Contractor shall provide the COR a list identifying all regular and replacement vehicles to be used under this contract. The Contractor shall provide a dated, revised vehicle list to the COR as changes occur. The list shall contain the following: manufacturer, model and year of manufacturer of each vehicle, vehicle license plate number, and expiration date.of Host Nation vehicle inspection. Only COR-approved vehicles shall be used in performing services described in this PWS. The Contractor shall, at a mutually agreed time before the start of services under this PWS, allow the COR to inspect all vehicles on the vehicle list. The Government reserves the right to reject any vehicle that appears to be in an unsound condition.

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Addendum E

CONTRACTOR FURNISHED ITEMS AND SERVICES

E.1. General: The contractor shall furnish everything required to perform all services required by this PWS.

E.2. Responsibilities: Contractor employees shall be accountable not to the Government but solely to the contractor, who, in turns, is responsible to the Government.

E.3. Equipment/Material Furnished

E.3 .1. The contractor shall provide all material, supplies and tools required to assemble/disassemble, move and otherwise transport furniture, supplies and equipment.

E.3.2. The contractor shall provide company owned vehicles for moving services. Vehicles must have at a minimum a rated payload capacity of 4-6 tons. The contractor owned vehicles shall have a sign of professional quality affixed to the vehicle for identification purposes. The contractor owned vehicles used in the performance of this contract shall be maintained in a safe and serviceable condition.

E.4. Safety Shoes/Boots. The contractor shall require their personnel to wear safety shoes/boots with a steel toe area as well as a non-skid sole. The shoes shall be provided to the work team members. The contractor shall assume the cost of procuring safety shoes/boots.

E.5. General Services

E.5.1. The contractor shall provide all general administrative supplies relative to internal contractor operations (e.g., paper, pens, pencils, etc.) in performing the contract.

E.5.2. The contractor shall provide all cleaning supplies and materials (broom, general purpose cleaner, sponge) needed for clean up after the moving services.

E.5.3. The contractor must be able to remove product packaging (e.g. paper boxes, plastic wrapping) from government facilities and dispose of it IAW German Law.

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Addendum F: SPECIFIC TASKS

F.1. General: The contractor shall provide all personnel, supervision, and other items necessary to perform required moving services.

F.2. Administration

F.2.1. The contractor shall attend all required briefings, meetings and provide technical guidance on moving services matters when requested by the COR.

F.3. Moving Services Tasks.

F.3 .1. Moving of offices and storage rooms. The work team members shall be able to relocate an office from one building/room to another building/room. This includes taking apart and reassembling government owned furniture. Clean up of working area as necessary. Disposal of all packaging off post.

F.3.2. Assembly/Taking Apart of furniture. The work team members must have all associated material handling equipment, boxes and tools required to assemble/disassemble Government Owned Furniture. Clean up of working area necessary. Disposal of all packaging off post.

F.3.3. Delivery of Supply Goods. The work team members shall be able to deliver pallets of paper and other misc. supplies. Clean up of working area necessary.

F.3.4. Heavy Lifting. Lifting of special furniture, e.g. filing cabinet/safe at 400lbs. Clean up of working area necessary.

F.3.6. Contractor shall provide as a minimum a work team of 4 people and 1 truck.

Addendum G: Technical Exhibit (TE)

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Moving Services Description Weight Office 2 chairs, 1 desk, 1 printer, 1 CPU, 1 monitor, 500lbs

2 book shelves Common Room 15 Chairs, 1 large table 300lbs Filing Room 8 bookshelves/Filing Cabinets, 25 boxes of 1000lbs

files

Paper 44-200bxs 1100-5000

Storage room 40 boxes of miscellaneous, furniture 1000lbs

All contractor personnel attending meetings, answering ... Web view15/05/2015 · Moving...

Documents

Transcript of All contractor personnel attending meetings, answering ... Web view15/05/2015 · Moving...