SEE SCHEDULE - State · usag wiesbaden bldg mcc flugplatz erbenheim 65205 wiesbaden germany tel:...

SEE ADDENDUM

(No Collect Calls)

W564KV-15-T-0020 03-Mar-2015

b. TELEPHONE NUMBER

0631-411-5552

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 05 Mar 2015

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W564KV9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

LATASHA D WATSON

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

027a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

PAGE 1 OF 55

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS0010651809

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

0

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESSWOMEN-OWNED SMALL

BUSINESS (WOSB)

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

TCC-KAISERSLAUTERN

KO DIRECTORATE OF CONTRACTING

UNIT 23156

APO AE 09054

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE WK4B9S 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

0007 HQ HHB USAREUR AUG

//

USAG WIESBADEN BLDG MCC

FLUGPLATZ ERBENHEIM

65205 WIESBADEN

GERMANY

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

NAICS:

532120

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF55

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W564KV-15-T-0020

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Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 20 Each Sport Utility Vehicles

FFP

A minimum of 3 and a maximum of 20 SUVs for 245 days. Period of Performance

7 Mar - 30 Oct 15. Daily rates are requested as some vehicles may not be used

everyday. Daily rate should include allowance for multiple US Government drivers

per vehicle. Vehicles shall meet or exceed the specifications listed in the statement

of work and include GPS device's, unlimited mileage, automatic transmission,

neutral in color (no more than 2 distinct shades) and those colors shall be black,

gray, silver, white, navy, blue, dark green or maroon with diesel engines.

FOB: Destination

PURCHASE REQUEST NUMBER: 0010651809

NET AMT


0002 31 Each 9-Passenger Van

FFP

A minimum of 10 and a maximum of 31 vans for 245 days. Period of Performance

7 Mar - 30 Oct 15. Daily rates are requested as some vehicles may not be used

everyday. Daily rate should include allowance for multiple US Government drivers

per vehicle. Vehicles shall meet or exceed the specifications listed in the statement

of work and include GPS device's, unlimited mileage, automatic transmission,

neutral in color (no more than 2 distinct shades) and those colors shall be black,

gray, silver, white, navy, blue, dark green or maroon with diesel engines.

FOB: Destination


NET AMT

W564KV-15-T-0020

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0003 5 Each Claims

FFP

Estimated cost for possible damage claims for vehicles.

FOB: Destination


NET AMT

COORDINATING INSTRUCTIONS

INSTRUCTION TO OFFERORS

General: The following instruction to suppliers/ offerors is to ensure sufficient information

necessary for the Government to fully understand and evaluate quotation is submitted.

The US Government intends on awarding an Indefinite Delivery Indefinite Quantity (IDIQ) to the

offeror whose quote is the most advantageous to the government. We intend on awarding this IDIQ

for 8 months starting on or about 7 March 2015 through 31 October 2015. The total agreement

shall not exceed 8 months. The proposed IDIQ period of performance shall be as follows: Period of

Performance: 7 March 2015 - 31 October 2015.

1. QUOTATION SUBMISSIONS.

Submission of Quotes shall be emailed to MAJ LaTasha D. Watson, Contract Specialist, at

[email protected] , SSG Bunnie Martinez, Contracting Specialist, at

[email protected] and Mrs. Latosha McCoy, Contracting Officer, at

[email protected] . The subject of the email shall be: "W564KV-15-T-0020- Quote".

The Request for Quote shall reach the Government no later than 1200 (Noon) local time for

the designated Government office (Central European Time) on 5 March 2015. Quotes shall be

received on or before the due date, found on Page 1, Block 8 of the solicitation. Submission of

offers shall be by email only.

2. DETAILED QUOTE INSTRUCTIONS.

Offers submitted in response to this solicitation shall be in the English language. Offers received in

other than English shall be rejected. The offerors quotes shall consist of the following section:

mailto:[email protected]



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I. PRICE.

Price quotes shall consist of the signed SF1449 with prices for each line item. The line item prices will

be totaled to come up with a total overall price for evaluation purposes. The proposal shall include a

price list of services. Quotes can be in EUROS or USD.

II. SUBMISSION REQUIREMENTS.

In addition to the price quotes, offerors are required to submit the following:

a. Name, address, telephone, and email address of point(s) of contact with the authority to

legally bind the Contractor.

b. Name, address, DUNS, CAGE and TAX Identification Number of the Contractor submitting the

quote (if applicable).

3. PERIOD OF ACCEPTANCE OF QUOTES/OFFERS.

Offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt

of quote, unless another time period is specified in an addendum of the solicitation.

4. LATE SUBMISSIONS.

In accordance with FAR 52.212-1

a. Late submissions may be accepted in accordance with FAR 52.212-1(f)(2)(i); or

b. The Contracting Officer determines accepting the late quote is in the best interest of the

Government; and

c. The late quote is received prior to the start of technical evaluation of received quotes.

Offeror shall submit only one offer.

5. QUESTIONS PERTAINING TO THE SOLICITATION.

All questions from the offeror regarding this solicitation shall be submitted via email to MAJ LaTasha

D. Watson, Contract Specialist, at [email protected] , SSG Bunnie Martinez, Contracting

Specialist, at [email protected] and Mrs. Latosha Mccoy, Contracting Officer, at

[email protected]. Questions shall be submitted by 4 March 2015, 1200 Central European

Time. The subject of the email shall be: " W564KV-15-T-0020 - Questions." Questions shall annotate

a reference to the specific solicitation element to which they pertain. All responses will be taken into

consideration and answered appropriately in an amendment to the RFQ/ solicitation. Questions

received after the cutoff date/time will not be addressed.

6. PAYMENT INSTRUCTIONS.

Vendor will submit invoices to the receiving organization's POC. The receiving organization POC will

review the invoice and address any issues with the vendor if necessary.

If the invoice is incorrect or incomplete and is rejected, it must be returned to the vendor within three

(3) calendar days with a written statement as to the discrepancies. A copy of this correspondence will

be provided to the Contracting Officer Representative (COR) or Contracting Officer.

If the invoice is incorrect due to deficiencies in performance which cannot be rectified through

coordination with the vendor, the organization POC will forward the invoice and full explanation to the

Contracting Officer for their determination of appropriate action.

When the POC determines the invoice is correct, he/she will prepare the DD250, Receiving

Report, and forward the invoice and receiving report to the organization POC.




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Foreign vendors requesting payment via Electronic Funds Transfer (EFT) shall provide the following

information on their invoice at time of invoice submission. Only one EFT instruction per invoice is

authorized and, at a minimum, must include:

_PHONE NUMBER

_EMAIL

_SWIFT CODE

_ BLZ or BANK ROUTING NUMBER

_ ACCOUNT NUMBER

_ BANK NAME

_ INTERNATIONAL BANK ACCOUNT NUMBER (IBAN) (If Applicable)

ADDENDUM TO FAR 52.212-2

ADDENDUM TO FAR 52.212-2

(a) The Government will award a Firm Fixed Price contract resulting from this Request for

Quote/solicitation under FAR Part 12 to the responsible offeror whose quote conforms to the Request for

Quote/solicitation and whose quote represents the best value to the Government using a lowest price

technically acceptable source selection process. Award will be made on the basis of the lowest evaluated

price meeting the technical acceptability standards. Technical acceptability, which, will be based on a

supplier submitting a quotation that demonstrates the supplier’s ability to comply with all of the

requirements listed in the Request for Quote/solicitation’s Performance Work Statement/Specifications.

(b) Price/Options. The Government will evaluate the lowest evaluated price for each quote for award

purposes by adding the total price for all contract line items within the RFQ/solicitation requirement.

(c) The Government intends to evaluate quotes and award a contract without discussions. Therefore, each

initial quote should contain the supplier’s best terms from a price and technical standpoint. The

Government reserves the right to conduct discussions if determined necessary by the Contracting Officer.

(d) A written notice of award or acceptance of an quote mailed or otherwise furnished to the successful

supplier within the time for acceptance specified in the quote, shall result in a binding contract without

further action by either party. Before the offer’s specified expiration time, the Government may accept a

quote (or part of a quote), whether or not there are negotiations after its receipt, unless a written notice of

withdrawal is received before award.

ADDENDUM TO CLAUSE 52.212-4 Paragraph (a) Inspection/Acceptance: Inspection and acceptance will be performed at the address, shown

in block 15 of the Standard Form 1449. Paragraph (b) Assignment is replaced by DFARS 252.232-7008

ASSIGNMENT OF CLAIMS (OVERSEAS).

Paragraph (k) TAXES is replaced by Clause DFARS 252.229-7000 INVOICES EXCLUSIVE

OF TAXES OR DUTIES Paragraph (t): The following clauses are added by reference: FAR 52.203-3,

FAR 52.203-6, FAR 52.204-7, FAR 52.233-3, FAR 52.233-4 and DFARS 252.204-7004 A.

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CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE

The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this

contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following

table. The maximum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on

this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following

table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001 3.00 20.00

0002 10.00 31.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than

the minimum quantity and order value stated in the following table. The maximum quantity and order value for the

given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the

following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001 3.00

$

20.00

$

0002 10.00

$

31.00

$

0003

$

$

PERFORMANCE WORK STATEMENT

STATEMENT OF WORK (SOW)

Non-Tactical Vehicle Lease and Maintenance Contract for Ukraine

Part 1

General Information

W564KV-15-T-0020

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1. GENERAL: The government intends to award an Indefinite Delivery Indefinite Quantity (IDIQ) supply contract

to provide SUV's and passenger vans within Ukraine.

1.1 Description of Supplies/Introduction: The contractor shall provide all equipment and transportation necessary to

provide a maximum number of non-tactical vehicles within Ukraine in accordance with the ordering clause. The

contractor shall perform to the standards in this contract.

1.2 Background: The US and Ukrainian Army shall conduct a joint training mission at the International

Peacekeeping and Security Center (IPSC) near L’viv, Ukraine. US Soldiers in Ukrainian training areas require

transportation assets to support training initiatives with the host nation from approximately 7 March – 30 October

2015.

1.3 Objectives: The objective of this contract is to provide a sustainable and economical NTV fleet as required to US

Soldiers training in Ukraine while building host nation rapport and stimulating the local economy. The contract

assures allies of the U.S. commitment and resolve in the region.

1.4 Scope: This requirement is for non-personal services to provide vehicle leases for Government Non-Tactical

Vehicles (NTV). The contractor(s) must provide vehicles no later than (NLT) 7 March 2015. The vehicles must be

fully mission capable in accordance with Section 5, Vehicle Condition and Acceptance. The contractor will be

responsible for scheduled routine maintenance and unscheduled maintenance of the vehicles if contracted for by the

customer. The contract will include delivery, insurance, and a mission capable NTV fleet. Details on the scope of

the NTV requirements are outlined in Section 5.

1.5 Period of Performance: The period of performance shall be: 08 months.

1.6 General Information

1.6.1 Quality Control: The contractor shall develop and maintain an effective quality control program to ensure

services are performed in accordance with this SOW. The contractor shall develop and implement procedures to

identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the

means by which he assures that his work complies with the requirement of the contract.

1.6.2 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in

accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government

must do to ensure that the contractor has performed in accordance with the performance standards.

1.6.3 Recognized Holidays: The contractor is not required to work on the following national holidays; the contractor

must coordinate with the COR to ensure that the customer’s maintenance needs are fulfilled prior to or immediately

following the holiday and that 24/7 contact and recovery services [Section 1.6.4] are maintained.

Victory Day (11 May) Easter Sunday & Monday (12 – 13 April)

Constitution Day (28-29* June) Labor Day (1 May)

Independence Day (24 August)

* Day observed

1.6.4 Hours of Operation: The contractor is responsible for conducting business as necessary in order to meet the

requirements outlined in this SOW. The contractor must at all times maintain an adequate workforce for the

uninterrupted performance of all tasks defined within this SOW. The contractor must provide a contact number with

24-hour availability for emergency maintenance issues.

1.6.5 Type of Contract: The government intends to award an indefinite delivery, indefinite quantity (IDIQ) Fixed

Price contract. Fixed Price task orders will be issued under the terms, conditions, and pricing of this IDIQ.

1.6.6 Antiterrorism/Force Protection:

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Standard Clause: The contractor and all associated subcontractor employees will comply with applicable installation,

facility, and area commander installation/facility access and local security policy and procedures (provided by

Government representative). The contractor will also provide all information required for background checks to meet

installation-access requirements to be accomplished by the installation provost marshal office, director of emergency

services, or security office. The contractor workforce must comply with all personal identity verification

requirements as directed by DOD, HQDA, and local policy. In addition to the changes otherwise authorized by the

changes clause of this contract, should the force protection condition (FPCON) at any individual facility or

installation change, the Government may require changes in contractor security matters or processes.

Standard Clause: DFARS 252.225-7043. The clause will be used in solicitations and contacts that require

performance or delivery in a foreign country. This clause applies to both contingencies and non contingency support.

The key AT requirement is for non-local national contractor personnel to comply with theater clearance requirements

and allows the combatant commander to exercise oversight to ensure the contactor’s compliance with combatant

commander and subordinate task-force commander policy and directives.

1.6.7 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award

conference convened by the contracting activity or contract administration office in accordance with Federal

Acquisition Regulation Subpart 42.5. The contracting officer and other Government personnel, as appropriate, may

meet periodically with the contractor to review the contractor's performance. At these meetings the contracting

officer will apprise the contractor of how the government views the contractor's performance and the contractor will

apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve

outstanding issues. These meetings shall be at no additional cost to the government.

1.6.8 Contracting Officer Representative (COR): The COR will be identified by a separate letter. The COR monitors

all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the

following functions: assure that the Contractor performs the technical requirements of the contract: perform

inspections necessary in connection with contract performance: maintain written and oral communications with the

Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements,

including Government drawings, designs, specifications: monitor Contractor’s performance and notifies both the

Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property,

and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to

the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or

price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of

the resulting order.

1.6.9 Contract Manager: The contractor shall provide a contract manager who shall be responsible for the

performance of the work. The name of this person and an alternate who shall act for the contractor when the

manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall

have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The

contract manager or alternate shall provide a reliable contact number and be able to respond to Government inquiry

within 24 hours of inquiry. The contract manager must be capable of speaking and reading English.

1.6.10 Contractor Travel: The Contractor will be required to travel to surrounding training areas in order to deliver

NTVs, conduct maintenance, and meet with the contracting officer as necessary.

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PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the

government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts,

and make related determinations and findings on behalf of the government. Note: The only individual who can

legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government

appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state

the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor

as long as that direction is within the scope of the contract, does not constitute a change, and has no funding

implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the

Performance Work Statement.

2.1.5. DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such

as meeting minutes or reports.

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be

required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel

are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm

commitment from the persons that are listed in the proposal.

2.1.7. OPERATIONAL SECURITY (OPSEC). The process of identifying critical information and subsequently

analyzing friendly actions attendant to military operations and other activities to (a) identify those actions that can be

observed by adversary intelligence systems, (b) determine indicators that hostile intelligence systems might obtain

that could be interpreted or pieced together to derive critical information in time to be useful to adversaries, and (c)

select and execute measures that eliminate or reduce to an acceptable level the vulnerabilities of friendly actions to

adversary exploitation.

2.1.8. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.9. QUALITY ASSURANCE. The government procedures to verify that services being performed by the

Contractor are performed according to acceptable standards.

2.1.10. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the

surveillance methodology to be used for surveillance of contractor performance.

2.1.11. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end

product or service shall meet contract requirements.

2.1.12. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not

have privity of contract with the subcontractor.

W564KV-15-T-0020

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2.1.13. WORK DAY. The number of hours per day the Contractor provides services in accordance with the

contract.

2.1.14. WORK WEEK. Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

ACOR Alternate Contracting Officer's Representative

AFARS Army Federal Acquisition Regulation Supplement

AR Army Regulation

CCE Contracting Center of Excellence

CFR Code of Federal Regulations

CONUS Continental United States (excludes Alaska and Hawaii)

COR Contracting Officer Representative

COTR Contracting Officer's Technical Representative

COTS Commercial-Off-the-Shelf

DA Department of the Army

DD250 Department of Defense Form 250 (Receiving Report)

DD254 Department of Defense Contract Security Requirement List

DFARS Defense Federal Acquisition Regulation Supplement

DMDC Defense Manpower Data Center

DOD Department of Defense

FAR Federal Acquisition Regulation

FMC Fully Mission Capable

HIPAA Health Insurance Portability and Accountability Act of 1996

IAW In Accordance With

KO Contracting Officer

NMC Not Mission Capable

OCI Organizational Conflict of Interest

OCONUS Outside Continental United States (includes Alaska and Hawaii)

ODC Other Direct Costs

PAX Personnel

PIPO Phase In/Phase Out

POC Point of Contact

PRS Performance Requirements Summary

PWS Performance Work Statement

QA Quality Assurance

QAP Quality Assurance Program

QASP Quality Assurance Surveillance Plan

QC Quality Control

QCP Quality Control Program

TE Technical Exhibit

USG United States Government

NTV Non Tactical Vehicle

W564KV-15-T-0020

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PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: Maintenance will be provided by the Contractor.

3.2. Fuel: The U.S. Government (USG) will be responsible for providing fuel for all vehicles. There are no minimum

fuel requirements upon vehicle turn-in pursuant to this contract.

3.3 Drivers: The U.S. government will be responsible for providing drivers for all vehicles.

W564KV-15-T-0020

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PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall provide specified vehicles and all services required to keep the vehicles in a safe,

operational condition. Vehicles will be delivered within the timeframe agreed to in this contract and must meet the

minimum acceptance criteria provided herein.

4.2. Insurance: The contractor will carry full insurance (no deductible to the U.S. Government) to cover the cost for

replacement or repair parts, collisions, and accidentals. The government will not be held liable for claims generating

from any of the above.

4.3. Equipment: The Contractor shall provide all maintenance for the NTV fleet with no interruption in capability to

the U.S. Government. On-call replacement vehicles will be required for any inoperable vehicle that can't be driven

for more than a 24 hour period. The Contractor is solely responsible for the good repair of the vehicle(s) used to

complete the terms of this SOW. The Contractor must comply with all local safety regulations and be able to perform

all work as outlined in this SOW.

4.4. Records: The Contractor should maintain records of transactions with the U.S. Government and, upon request,

make such records available to the COR within a 24 hour period.

4.5. Vehicles: See Section 5.1 for specific criteria the NTV fleet must meet.

W564KV-15-T-0020

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PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Non-Tactical Vehicles. The contractor shall provide all maintenance of the NTV fleet in accordance with the

requirements below:

5.1.1. The Contractor shall provide all labor, materials, equipment, and services incidental to support this

vehicle requirement.

5.1.1.1. Vehicles acquired under this contract will be 4x4 SUV's and passenger vans. The primary

purpose of these vehicles is to provide transportation of personnel and equipment over long distances. Vehicles will

only travel in the Ukraine. The passenger van requested passenger occupancy is 9, but the minimum number of

passenger occupancy in the passenger vans is 5.

5.1.2. When the vehicles are issued they shall be no more than two (2) years old from the date of manufacture at the

beginning of the period of performance. Vehicles shall not have any reflective or distinctive markings.

5.1.3. Vehicle Condition. All vehicles delivered will be safe and serviceable in accordance with manufacturer’s

specifications. Vehicles shall be provided in good working conditions and without any visible damage that could

potentially degrade the safety of the vehicles. Both the interior and exterior shall be free of excessive soil, rust, and

damage, and without excessive wear and tear. Vehicles shall be clean and serviceable at the time of delivery, and

will be inspected by the Contracting Officer Representative (COR).

5.1.4. Air Conditioning/Heater. Vehicles shall have fully functioning air conditioning and heaters.

Vehicles shall have serviceable seatbelts for the driver and passengers. Vehicles shall have serviceable lights

(interior and exterior), windshield wipers, horn, parking brake.

5.1.5. Kilometres. The U.S. Government requires 5000 kilometers of usage per month for each vehicle

throughout the lifespan of the contract.

5.1.6. Fluids (including fuel) will be full at initial delivery and after maintenance services. The vehicles will

be Diesel Fuel Only. In the event that the quantities of vehicles are so high initially then we will accept petroleum

vehicles. However, the contractor will make every attempt to replace petroleum vehicles with diesel vehicles as

they come available.

5.1.7. Toll. The U.S. Government shall be responsible for all tolls incurred from use of the vehicles.

5.1.8. Delivery. The contractor shall provide all vehicles (and subsequent delivery of replacement vehicles)

to locations determined by the contracting officer. The contractor shall provide all vehicles to the Yavoriv

International Peacekeeping and Security Center for initial pick up. All vehicles will be delivered to the U.S.

Government with a full tank of diesel fuel. The COR and contractor will coordinate for the return of the vehicles.

5.1.8.1. Vehicle Acceptance. The government will only be liable for damages caused by

negligence of U.S. Government personnel. Before inspection and acceptance of the vehicle a joint

contractor/government inspection shall be performed on all vehicles and equipment before acceptance. The

inspection shall be documented on a “Vehicle Inspection Initial Delivery and Acceptance” checklist with photos and

both parties will retain a copy. A copy of the contractor’s warranty will be provided upon delivery of the vehicle.

All discrepancies must be fixed prior to final acceptance. If the contractor fails to replace the vehicle or correct the

defects as required by the Contracting Officer before acceptance of the vehicle, the Government may, by contract or

otherwise, correct the defect or arrange for the lease of a similar vehicle and shall charge or set off against the

contractor any excess costs occasioned thereby.

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5.1.9. The contractor shall comply with all applicable local safety standards. Additionally, each vehicle

shall have the following:

i. Rear View Mirror

ii. Windshield Wipers

iii. Front and Rear Windshield Defogger

iv. Functioning Door Locks For Every Door

v. Parking Brake

vi. One Spare Tire

vii. Tire Jack

viii. All Interior And Exterior Lights (Functioning)

ix. Registration and valid license plate

x. Snow chains

xi. Jumper cables

xii. Emergency kit (warning triangles, first aid kit)

xiii. Navigation System

5.1.10. Maintenance. The contractor shall perform both scheduled and unscheduled maintenance. The

Contractor shall provide all parts, labor, and expertise necessary to complete required maintenance tasks. Parts

include those items that must be replaced due to fair wear and tear, such as (but not limited to): windshield wipers,

tires, headlights, filters, fluids, and lubricants. At a minimum, the Contractor shall perform scheduled and

unscheduled maintenance at a facility that is in keeping with terms and conditions for contract award. The US

Government will not be responsible for any maintenance or expenses associated with the maintenance for any

vehicles.

The contractor shall provide unscheduled maintenance in order to maintain the vehicles at full mission

capability for any immediate repairs required that would cause safety concerns. Unscheduled maintenance is

unpredictable maintenance, not classified as maintenance required because of fair wear and tear as defined below,

that has not been previously planned or programmed but requires prompt attention. The customer may contact the

contractor to troubleshoot or recover any disabled vehicle. The customer may also contact the contractor to repair

any safety issues noted by the user.

Scheduled Maintenance involves the following:

- Change engine oil and replace oil filter.

- Perform multi-point inspection

- Rotate and inspect tires; check wheel end play and turning noise

- Inspect and lubricate all non-sealed steering linkage, ball joints, suspension joints, half and drive shafts

and u-joints

5.1.11. Cleaning. After the initial issue of the vehicles the USG will be responsible for the cleanliness of the

vehicles.

5.1.12. Recovery. Upon notification, the Contractor shall recover disabled vehicles within 24 hours and

provide a serviceable replacement vehicle. The service shall be available 7 days a week, 24 hours a day.

5.1.13. Replacements. Replacement vehicles shall be provided for all vehicles that are out of service or

exceed 80,000 kilometers. Vehicle replacements for a disabled vehicle shall occur no longer than 24 hours from

notification. All replacement vehicles shall be of the same specification as the vehicle being replaced and in

accordance with the specifications listed in this SOW.

5.1.14. Legal Compliance. The Contractor shall be responsible for compliance with all pertinent local laws

concerning the rental or lease of motor vehicles.

5.1.15. Insurance. The Contractor is responsible for all third party claims of injury or property damage

resulting from operation of the Contractor’s vehicles by the U.S. Government. The Contractor shall maintain public

liability and property damage insurance during the period of performance at a level sufficient to cover all claims for

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injury and/or damage referenced above. The cost of parts and labor for maintenance on damages resulting from

operator negligence shall be submitted through the Contracting Officer for consideration of payment.

5.1.16. Permits. Without additional cost to the USG, the Contractor shall obtain all permits, licenses, and

appointments required for this contract; all documents shall be in compliance with applicable local and country laws.

All vehicles will be registered to enter and operate within Ukraine.

5.1.17. Drivers. The Contractor will not be responsible for any drivers for the duration of this contract.

The Contractor shall not place a restriction on the type of or number of drivers. However, the vendor will be

responsible for the delivery and retrieval of all vehicles in the contract.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government



DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 05-MAR-2015 TO

31-OCT-2015

N/A 0007 HQ HHB USAREUR AUG

//

USAG WIESBADEN BLDG MCC

FLUGPLATZ ERBENHEIM

65205 WIESBADEN

GERMANY

FOB: Destination

WK4B9S

0002 POP 05-MAR-2015 TO

31-OCT-2015

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

WK4B9S

0003 POP 05-MAR-2015 TO

31-OCT-2015

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

WK4B9S

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CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.204-7 System for Award Management JUL 2013

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.212-4 Contract Terms and Conditions--Commercial Items DEC 2014

52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2014

52.222-50 Combating Trafficking in Persons FEB 2009

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation

and Certifications.

DEC 2012

52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.247-34 F.O.B. Destination NOV 1991

252.204-7004 Alt A System for Award Management Alternate A FEB 2014

252.209-7002 Disclosure Of Ownership Or Control By A Foreign

Government

JUN 2010

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7042 Authorization to Perform APR 2003

252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7008 Assignment of Claims (Overseas) JUN 1997

252.232-7010 Levies on Contract Payments DEC 2006

252.233-7001 Choice of Law (Overseas) JUN 1997

252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

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

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(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS

code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF

1449). However, the small business size standard for a concern which submits an offer in its own name, but which

proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the

exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as

otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the

requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those

representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts

for the same or similar items and other references (including contract numbers, points of contact with telephone

numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all

terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or

information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from

the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time

specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no

expense to the Government, and returned at the sender's request and expense, unless they are destroyed during

preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or

commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated

separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the

Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the

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solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers

or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in

the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is

received before award is made, the Contracting Officer determines that accepting the late offer would not unduly

delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the

initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date

specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for

receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the

Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp

of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral

testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received

at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent

Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date,

the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the

solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers,

offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to

the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an

offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person

requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a

contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms

from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later

determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is

in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers

received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies

the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for

quantities less than those specified. The Government reserves the right to make an award on any item for a quantity

less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications,

Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and

commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA

Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC

20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

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(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this

solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may

be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional

copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST

websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point

(DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation,

publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of

$3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management

(SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the

annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name

and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of

the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts

(see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun

and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling

1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States

must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror

for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer,

the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior

to award, during performance and through final payment of any contract resulting from this

solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting

Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors

may obtain information on registration and annual confirmation requirements via the SAM

database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following

information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

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

http://quicksearch.dla.mil/

http://assistdocs.com/

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

https://www.acquisition.gov/

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(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past

performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection

procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the

agency.

(End of provision)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer

conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The

following factors shall be used to evaluate offers:

1. PRICE

The Government will make an award using the lowest price source selection process per FAR 15.101-2. Award

will be made on the basis of the lowest evaluated price of quotes that meet or exceed the technical acceptability as

described in the Performance Work Statement.

Factor 1: Price

(i) The total evaluated price shall be the sum of all CLIN prices listed in the schedule.

(ii) Currency: Offers submitted in response to this solicitation shall be in terms of Euros or U.S.

Dollars.

The Government shall use the daily HRYVNIA= U.S. Dollar exchange rate of the solicitation

closing date to convert U.S. Dollar offers into Euro’s for evaluation. Evaluation of foreign currency

offers will be in accordance with FAR clause 52.225-17. All supporting documentation shall reflect

the same currency established in the price proposal.

(b) Options. Not applicable for this procurement.

(c) This solicitation is a Request for Quotations (RFQ) under FAR Parts 12 & 13. Once the Government identifies

the winning quote, the contractor may accept the offer by notification to the Government orally or in writing."

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2014)

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The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual

representations and certification electronically via the System for Award Management (SAM) Web site accessed

through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications

electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

(a) Definitions. As used in this provision --

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern

that is at least 51 percent directly and unconditionally owned by, and the management and daily

business operations of which are controlled by, one or more women who are citizens of the United States and who

are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned

small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for

which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be

accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or

controls one or more entities that control an immediate owner of the offeror. No entity

owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control

include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of

interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic

corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except--

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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Place of manufacture means the place where an end product is assembled out of components, or otherwise made or

processed from raw materials into the finished product that is to be provided to the Government. If a product is

disassembled and reassembled, the place of reassembly is not the place of manufacture.

Restricted business operations means business operations in Sudan that include power production activities, mineral

extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the

Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include

business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment

Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of

the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such

authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian

organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology--

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

specifically--

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

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

(2) Does not include information or informational materials the export of which the President does not have the

authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act

(50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled

veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans

or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver

of such veteran.

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

connected, as defined in 38 U.S.C. 101(16).

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"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not

dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business

under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the

size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined

at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into

account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by

individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the

case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more

veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in

the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women;

and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least

51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part

127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the

management and daily business operations of which are controlled by, one or more women who are citizens of the

United States.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this

provision do not automatically change the representations and certifications posted electronically on the SAM

website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website

accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by

https://www.acquisition.gov/

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submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3,

Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months,

are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to

the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by

reference (see FAR 4.1201), except for paragraphs ___ .

[Offeror to identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for

the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also

incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided

by the offeror are applicable to this solicitation only, and do not result in an update to the representations and

certifications posted electronically on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United

States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small

business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business

concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is

not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a

veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its

offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business

concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small

disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business

concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-

owned small business concern.

Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to

exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-

owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required

documents to the WOSB Repository, and no change in circumstances or adverse decisions have

been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the

representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB

Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible

under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB

concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of

the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror

represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror

represents that--

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(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the

representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the

joint venture. [The offeror shall enter the name or names of the EDWOSB concern and

other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the

joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-

owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this

provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may

identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror

or first-tier subcontractors) amount to more than 50 percent of the contract price:

___

(10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern

in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the

List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no

material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since

it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126,

and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern

participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small

business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern

participating in the HUBZone joint venture shall submit a separate

signed copy of the HUBZone representation.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal

Opportunity clause of this solicitation, the and

(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each

establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR

Subparts 60-1 and 60-2), or

(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the

rules and regulations of the Secretary of Labor.

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(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the

contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge

and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or

attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of

Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant

contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the

offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL,

Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly

employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy

American --Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic

end product and that for other than COTS items, the offeror has considered components of unknown origin to have

been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those

end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that

is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end

product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,”

“end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy

American--Supplies.”

(2) Foreign End Products:

Line Item No. Country of

Origin

___ ___

___ ___

___ ___

(List as necessary)

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

(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR

52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this

provision, is a domestic end product and that for other than COTS items, the offeror has considered components of

unknown origin to have been mined, produced, or manufactured outside the United States. The terms ``Bahrainian,

Moroccan, Omani, Panamanian, or Peruvian end product,'' ``commercially available off-the-shelf (COTS) item,''

``component,'' ``domestic end product,'' `ènd product,'' ``foreign end product,'' ``Free Trade Agreement country,''

``Free Trade Agreement country end product,'' `Ìsraeli end product,'' and `Ùnited States'' are defined in the clause

of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act.''

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than

Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the

clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act'':

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

End Products) or Israeli End Products:

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Origin

___ ___

___ ___

___ ___

[List as necessary]

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

of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli

Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States

that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the

component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:


Origin

___ ___

___ ___

___ ___

[List as necessary]

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

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to

the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph

(g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this

solicitation entitled "Buy American -Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line Item No.

___

___

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___

[List as necessary]

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the

clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph

(g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as

defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Canadian or Israeli End Products:


Origin

___ ___

___ ___

___ ___

[List as necessary]

(4) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause

at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii)

of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other

than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as

defined in the clause of this solicitation entitled ``Buy American --Free Trade Agreements--Israeli Trade Act'':

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or

Peruvian End Products) or Israeli End Products:


Origin

___ ___

___ ___

___ ___

[List as necessary]

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(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this

solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-

made or designated country end product, as defined in the clause of this solicitation entitled ``Trade Agreements''.

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end

products.

Other End Products:


Origin

___ ___

___ ___

___ ___

[List as necessary]

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

items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated

country end products without regard to the restrictions of the Buy American statute. The Government will consider

for award only offers of U.S.-made or designated country end products unless the Contracting

Officer determines that there are no offers for such products or that the offers for such products are insufficient to

fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is

expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief,

that --

(1) The offeror and/or any of its principals ( ___ ) are, ( ___ ) are not presently debarred, suspended, proposed for

debarment, or declared ineligible for the award of contracts by any Federal agency,

(2) ( ___ ) Have, ( ___ ) have not, within a three-year period preceding this offer, been convicted of or had a civil

judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining,

attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal

or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery,

falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or

receiving stolen property; and

(3) ( ___ ) Are, ( ___ ) are not presently indicted for, or otherwise criminally or civilly charged by a Government

entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) ( ___ ) Have, ( ___ ) have not, within a three-year period preceding this offer, been notified of any delinquent

Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

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(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not

finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the

liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax

liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection

action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to

seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability.

Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all

judicial appeal rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been

issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals

contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the

course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no

prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the

taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal

rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making

timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the

taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection

action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The

Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are

included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless

excluded at 22.1503(b).]

(1) Listed end products.

Listed End Product Listed Countriesof Origin

___ ___

___ ___

___ ___

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1)

of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

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[ ___ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined,

produced, or manufactured in the corresponding country as listed for that product.

[ ___ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined,

produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has

made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or

manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies

that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of

manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture

of the end products it expects to provide in response to this solicitation is predominantly—

(1) ( ___ ) In the United States (Check this box if the total anticipated price of offered end products manufactured

in the United States exceeds the total anticipated price of offered end products manufactured outside the United

States); or

(2) ( ___ ) Outside the United States.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured

end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end

products it expects to provide in response to this solicitation is predominantly--

(1) ( ___ ) In the United States (Check this box if the total anticipated price of offered end products manufactured

in the United States exceeds the total anticipated price of offered end products manufactured outside the United

States); or

(2) ( ___ ) Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by

the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its

subcontractor if it subcontracts out the exempt services.)

[The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]

[ ___ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The

offeror ( ___ ) does ( ___ ) does not certify that—

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental

purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial

quantities to the general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR

22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and



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(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract

will be the same as that used for these employees and equivalent employees servicing the same equipment of

commercial customers.

[ ___ ] (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror ( ___ ) does ( ___ ) does not

certify that—

(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided

by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in

the course of normal business operations;

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices

(see FAR 22.1003-4(d)(2)(iii));

(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or

her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20

percent of available hours during the contract period if the contract period is less than a month) servicing the

Government contract; and

(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract

is the same as that used for these employees and equivalent employees servicing commercial customers.

(3) If paragraph (k)(1) or (k)(2) of this clause applies—

(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not

attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the

Contracting Officer as soon as possible; and

(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in

paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this

clause.

(l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is

required to provide this information to the SAM database to be eligible for award.)

(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply

with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041,

6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).

(2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the

offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment

reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to

verify the accuracy of the offeror's TIN.

(3) Taxpayer Identification Number (TIN).

( ___ ) TIN: --------------------.

( ___ ) TIN has been applied for.



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( ___ ) TIN is not required because:

( ___ ) Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income

effectively connected with the conduct of a trade or business in the United States and does not have an office or

place of business or a fiscal paying agent in the United States;

( ___ ) Offeror is an agency or instrumentality of a foreign government;

( ___ ) Offeror is an agency or instrumentality of the Federal Government.

(4) Type of organization.

( ___ ) Sole proprietorship;

( ___ ) Partnership;

( ___ ) Corporate entity (not tax-exempt);

( ___ ) Corporate entity (tax-exempt);

( ___ ) Government entity (Federal, State, or local);

( ___ ) Foreign government;

( ___ ) International organization per 26 CFR 1.6049-4;

( ___ ) Other ----------.

(5) Common parent.

( ___ ) Offeror is not owned or controlled by a common parent;

( ___ ) Name and TIN of common parent:

Name - ___ .

TIN - ___ .

(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not

conduct any restricted business operations in Sudan.

(n) Prohibition on Contracting with Inverted Domestic Corporations—

(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts

with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the

exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(2) Representation. By submission of its offer, the offeror represents that--

(i) It is not an inverted domestic corporation; and

(ii) It is not a subsidiary of an inverted domestic corporation.

(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran.

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

[email protected].

(2) Representation and certifications. Unless a waiver is granted or an exception applies as provided in paragraph

(o)(3) of this provision, by submission of its offer, the offeror--

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the

government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of,

the government of Iran;

(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for

which sanctions may be imposed under section 5 of the Iran Sanctions Act; and

(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any

transaction that exceeds $3,000 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the

property and interests in property of which are blocked pursuant to the

International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated

Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf).

(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if—

(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision);

and

(ii) The offeror has certified that all the offered products to be supplied are designated country end products.

(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in

SAM or a requirement to have a DUNS Number in the solicitation.

(1) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more

than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable,

paragraph (3) of this provision for each participant in the joint venture.

(2) If the Offeror indicates ``has'' in paragraph (p)(1) of this provision, enter the following information:

Immediate owner CAGE code:

___

Immediate owner legal name:

___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity:

[ ___ ] Yes or [ ___ ] No.

(3) If the Offeror indicates ``yes'' in paragraph (p)(2) of this provision, indicating that the immediate owner is owned

or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

___

Highest-level owner legal name:

___


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(Do not use a ``doing business as'' name)

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEC 2014)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are

incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to

acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

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

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19

U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated

as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to

acquisitions of commercial items: (Contracting Officer check as appropriate.)

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995)

(41 U.S.C. 4704 and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June

2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment

Act of 2009.)

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (July 2013) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

X (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).

X (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L.

111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended,

or Proposed for Debarment. (Aug, 2013) (31 U.S.C. 6101 note).

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X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41

U.S.C. 2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

_

____ (ii) Alternate I (NOV 2011) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014)

(if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved]

____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2014) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (Oct 2001) of 52.219-9.

____ (iii) Alternate II (Oct 2001) of 52.219-9.

____ (iv) Alternate III (OCT 2014) of 52.219-9.

____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

____ (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.

657f).

____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business

(EDWOSB) Concerns (July 2013) (15 U.S.C. 637(m)).

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____ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the

WOSB Program (July 2013) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2014) (E.O. 3126).

____ (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

____ (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

____ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).

____ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).

____ (31) 52.222-37, Employment Reports on Veterans (July 2014) (38 U.S.C. 4212).

____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

XX (33) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to

the acquisition of commercially available off-the-shelf items or certain other types of

commercial items as prescribed in 22.1803.)

____ (34)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May

2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf

items.)

____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of

commercially available off-the-shelf items.)

____ (35) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014)+(E.O.s 13423 and

13514).

____ (ii) Alternate I (Jun 2014) of 52.223-13.

____ (36)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).


____ (37) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

____ (38)(i) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s

13423 and 13514).


____ (39) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

____ (40) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

X (41) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83,

19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

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103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (May 2014) of 52.225-3.

____ (iii) Alternate II (May 2014) of 52.225-3.

____ (iv) Alternate III (May 2014) of 52.225-3.

X (42) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (43) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes

administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (44) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (45) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

____ (46) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

____ (47) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

____ (48) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (49) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31

U.S.C. 3332).

____ (50) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July

2013) (31 U.S.C. 3332).

____ (51) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (52) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____ (53)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

____ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that

the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of

law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

X (1) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

_____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple

Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY

2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

_____ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

_____ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

_____ (10) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and

does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall

have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to

this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other

evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any

shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If

this contract is completely or partially terminated, the records relating to the work terminated shall be made available

for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to

litigation or the settlement of claims arising under or relating to this contract shall be made available until such

appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data,

regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that

the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the

Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for

commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the

clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts

that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns)

exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in

lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in

accordance with paragraph (l) of FAR clause 52.222-17.

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

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(v) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212).

(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(viii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(ix) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

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

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

(xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance,

Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section

862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow

down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xvi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658).

(2) While not required, the contractor May include in its subcontracts for commercial items a minimal number of

additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.216-18 ORDERING. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or

task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 5 March 2015

through 31 October 2015.

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(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict

between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the

mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the

Schedule.

(End of clause)

52.216-19 ORDER LIMITATIONS. (OCT 1995)

(a) Minimum order. When the Government requires services covered by this contract in an amount of less than 2

vehicles, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or

services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of 20 SUVs and 31 9-passenger vans;

(2) Any order for a combination of items in excess of 40 SUVs and 52 9-Passenger Vans (insert dollar figure or

quantity); or

(3) A series of orders from the same ordering office within 1 day that together call for quantities exceeding the

limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal

Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the

Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum

order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 1 day after

issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in

the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not

purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering

clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in

the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall

order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the

number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations

or performance at multiple locations.

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(d) Any order issued during the effective period of this contract and not completed within that period shall be

completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and

Government's rights and obligations with respect to that order to the same extent as if the order were completed

during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries

under this contract after 31 December 2015.

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the

contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary

of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder

shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor

within 3 days of contract expiration.

(End of clause)

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

If the Government receives offers in more than one currency, the Government will evaluate offers by converting the

foreign currency to United States currency using .7259 in effect as follows:

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

(b) For acquisitions conducted using negotiation procedures--

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

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

(End of provision)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if

they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is

cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its

quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by

paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a

solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/vffara.htm

http://farsite.hill.af.mil/VFDFARA.HTM

http://farsite.hill.af.mil/VFAFAR1.HTM

(End of provision)

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52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in

full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may

be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/vffara.htm

http://farsite.hill.af.mil/VFDFARA.HTM

http://farsite.hill.af.mil/VFAFAR1.HTM

(End of clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an

authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any DFARS (48 CFR Chapter 2) clause with an authorized deviation is

indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

252.225-7040 CONTRACTOR PERSONNEL SUPPORTING U.S. ARMED FORCES DEPLOYED OUTSIDE

THE UNITED STATES (MAY 2014)

(a) Definitions. As used in this clause--

Combatant Commander means the commander of a unified or specified combatant command established in

accordance with 10 U.S.C. 161.

Contractors authorized to accompany the Force, or CAAF, means contractor personnel, including all tiers of

subcontractor personnel, who are authorized to accompany U.S. Armed Forces in applicable

operations and have been afforded CAAF status through a letter of authorization. CAAF generally include all U.S.

citizen and third-country national employees not normally residing within the operational area whose area of

performance is in the direct vicinity of U.S. Armed Forces and who routinely are collocated with the U.S. Armed

Forces (especially in non-permissive environments). Personnel collocated with

U.S. Armed Forces shall be afforded CAAF status through a letter of authorization. In some cases, Combatant

Commander subordinate commanders may designate mission-essential host nation or local

national contractor employees (e.g., interpreters) as CAAF. CAAF includes contractors previously identified as

contractors deploying with the U.S. Armed Forces. CAAF status does not apply to contractor personnel in support of

applicable operations within the boundaries and territories of the United States.

Designated operational area means a geographic area designated by the combatant commander or subordinate joint

force commander for the conduct or support of specified military operations.

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Designated reception site means the designated place for the reception, staging, integration, and onward movement

of contractors deploying during a contingency. The designated reception site includes assigned joint reception

centers and other Service or private reception sites.

Law of war means that part of international law that regulates the conduct of armed hostilities. The law of war

encompasses all international law for the conduct of hostilities binding on the United States or its individual citizens,

including treaties and international agreements to which the United States is a party, and applicable customary

international law.

Non-CAAF means personnel who are not designated as CAAF, such as local national (LN) employees and non-LN

employees who are permanent residents in the operational area or third-country nationals not

routinely residing with U.S. Armed Forces (and third-country national expatriates who are permanent residents in the

operational area) who perform support functions away from the close proximity of, and do not reside with, U.S.

Armed Forces. Government-furnished support to non-CAAF is typically limited to force protection, emergency

medical care, and basic human needs (e.g., bottled water, latrine facilities,

security, and food when necessary) when performing their jobs in the direct vicinity of U.S. Armed Forces. Non-

CAAF status does not apply to contractor personnel in support of applicable operations within the

boundaries and territories of the United States.

Subordinate joint force commander means a sub-unified commander or joint task force commander.

(b) General.

(1) This clause applies to both CAAF and non-CAAF when performing in a designated operational area outside the

United States to support U.S. Armed Forces deployed outside the United States in--

(i) Contingency operations;

(ii) Humanitarian assistance operations;

(iii) Peace operations, consistent with Joint Publication 3-07.3; or

(iv) Other military operations or military exercises, when designated by the Combatant Commander or as directed by

the Secretary of Defense.

(2) Contract performance in support of U.S. Armed Forces deployed outside the United States may require work in

dangerous or austere conditions. Except as otherwise provided in the contract, the Contractor accepts the risks

associated with required contract performance in such operations.

(3) When authorized in accordance with paragraph (j) of this clause to carry arms for personal protection, Contractor

personnel are only authorized to use force for individual self-defense.

(4) Unless immune from host nation jurisdiction by virtue of an international agreement or international law,

inappropriate use of force by contractor personnel authorized to accompany the U.S. Armed Forces can subject such

personnel to United States or host nation prosecution and civil liability (see paragraphs (d) and (j)(3) of this clause).

(5) Service performed by Contractor personnel subject to this clause is not active duty or service under 38 U.S.C.

106 note.

(c) Support.

(1)(i) The Combatant Commander will develop a security plan for protection of Contractor personnel in locations

where there is not sufficient or legitimate civil authority, when the Combatant Commander decides it is in the

interests of the Government to provide security because--

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(A) The Contractor cannot obtain effective security services;

(B) Effective security services are unavailable at a reasonable cost; or

(C) Threat conditions necessitate security through military means.

(ii) In appropriate cases, the Combatant Commander may provide security through military means, commensurate

with the level of security provided DoD civilians.

(2)(i) Generally, CAAF will be afforded emergency medical and dental care if injured while supporting applicable

operations. Additionally, non-CAAF employees who are injured while in the vicinity of U.S. Armed Forces will

normally receive emergency medical and dental care. Emergency medical and dental care includes medical care

situations in which life, limb, or eyesight is jeopardized. Examples of emergency medical and dental care include

examination and initial treatment of victims of sexual assault; refills of prescriptions for life-dependent drugs; repair

of broken bones, lacerations, infections; and traumatic injuries to the dentition. Hospitalization will be limited to

stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patient

movement system.

(ii) When the Government provides medical treatment or transportation of Contractor personnel to a selected civilian

facility, the Contractor shall ensure that the Government is reimbursed for any costs associated with such treatment

or transportation.

(iii) Medical or dental care beyond this standard is not authorized.

(3) Contractor personnel must have a Synchronized Predeployment and Operational Tracker (SPOT)-generated letter

of authorization signed by the Contracting Officer in order to process through a deployment center or to travel to,

from, or within the designated operational area. The letter of authorization also will identify any additional

authorizations, privileges, or Government support that Contractor personnel are entitled to under this contract.

Contractor personnel who are issued a letter of

authorization shall carry it with them at all times while deployed.

(4) Unless specified elsewhere in this contract, the Contractor is responsible for all other support required for its

personnel engaged in the designated operational area under this contract.

(d) Compliance with laws and regulations. (1) The Contractor shall comply with, and shall ensure that its personnel

supporting U.S. Armed Forces deployed outside the United States as specified in paragraph (b)(1) of this clause are

familiar with and comply with, all applicable--

(i) United States, host country, and third country national laws;

(ii) Provisions of the law of war, as well as any other applicable treaties and international agreements;

(iii) United States regulations, directives, instructions, policies, and procedures; and

(iv) Orders, directives, and instructions issued by the Combatant Commander, including those relating to force

protection, security, health, safety, or relations and interaction with local nationals.

(2) The Contractor shall institute and implement an effective program to prevent violations of the law of war by its

employees and subcontractors, including law of war training in accordance with paragraph (e)(1)(vii) of this clause.

(3) The Contractor shall ensure that CAAF are aware--

(i) Of the DoD definition of ``sexual assault'' in DoDD 6495.01, Sexual Assault Prevention and Response Program;

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(ii) That many of the offenses addressed by the definition are covered under the Uniform Code of Military Justice

(see paragraph (e)(2)(iv) of this clause). Other sexual misconduct may constitute offenses under the Uniform Code of

Military Justice, Federal law, such as the Military Extraterritorial Jurisdiction Act, or host nation laws;

(iii) That the offenses not covered by the Uniform Code of Military Justice may nevertheless have consequences to

the contractor employees (see paragraph (h)(1) of this clause).

(4) The Contractor shall report to the appropriate investigative authorities, identified in paragraph (d)(6) of this

clause, any alleged offenses under—

(i) The Uniform Code of Military Justice (chapter 47 of title 10, United States Code) (applicable to contractors

serving with or accompanying an armed force in the field during a declared war or

contingency operations); or

(ii) The Military Extraterritorial Jurisdiction Act (chapter 212 of title 18, United States Code).

(5) The Contractor shall provide to all contractor personnel who will perform work on a contract in the deployed

area, before beginning such work, information on the following:

(i) How and where to report an alleged crime described in paragraph (d)(4) of this clause.

(ii) Where to seek victim and witness protection and assistance available to contractor personnel in connection with

an alleged offense described in paragraph (d)(4) of this clause.

(6) The appropriate investigative authorities to which suspected crimes shall be reported include the following—

(i) US Army Criminal Investigation Command at http://www.cid.army.mil/reportacrime.html;

(ii) Air Force Office of Special Investigations at

http://www.osi.andrews.af.mil/library/factsheets/factsheet.asp?id=14522;

(iii) Navy Criminal Investigative Service at http://www.ncis.navy.mil/Pages/publicdefault.aspx;

(iv) Defense Criminal Investigative Service at http://www.dodig.mil/HOTLINE/index.html;

(v) To any command of any supported military element or the command of any base.

(7) Personnel seeking whistleblower protection from reprisals for reporting criminal acts shall seek guidance through

the DoD Inspector General hotline at 800-424-9098 or www.dodig.mil/HOTLINE/index.html.

Personnel seeking other forms of victim or witness protections should contact the nearest military law enforcement

office

(e) Preliminary personnel requirements.

(1) The Contractor shall ensure that the following requirements are met prior to deploying CAAF (specific requirements for

each category will be specified in the statement of work or elsewhere in the contract):

(i) All required security and background checks are complete and acceptable.

(ii) All CAAF deploying in support of an applicable operation—

(A) Are medically, dentally, and psychologically fit for deployment and performance of their contracted duties;

http://www.cid.army.mil/reportacrime.html

http://www.osi.andrews.af.mil/library/factsheets/factsheet.asp?id=14522

http://www.ncis.navy.mil/Pages/publicdefault.aspx

http://www.dodig.mil/HOTLINE/index.html

http://www.dodig.mil/HOTLINE/index.html

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(B) Meet the minimum medical screening requirements, including theater-specific medical qualifications as established by

the geographic Combatant Commander (as posted to the Geographic Combatant Commander’s website or other venue); and

(C) Have received all required immunizations as specified in the contract.

(1) During predeployment processing, the Government will provide, at no cost to the Contractor, any military-specific

immunizations and/or medications not available to the general public.

(2) All other immunizations shall be obtained prior to arrival at the deployment center.

(3) All CAAF and selected non-CAAF, as specified in the statement of work, shall bring to the designated operational area a

copy of the Public Health Service Form 791, “International Certificate of Vaccination” that shows vaccinations are current.

(iii) Deploying personnel have all necessary passports, visas, and other documents required to enter and exit a designated

operational area and have a Geneva Conventions identification card, or other appropriate DoD identity credential, from the

deployment center.

(iv) Special area, country, and theater clearance is obtained for all personnel deploying. Clearance requirements are in DoD

Directive 4500.54, Official Temporary Duty Abroad, and DoD 4500.54-G, DoD Foreign Clearance Guide. For this purpose,

CAAF are considered non-DoD contactor personnel traveling under DoD sponsorship.

(v) All deploying personnel have received personal security training. At a minimum, the training shall—

(A) Cover safety and security issues facing employees overseas;

(B) Identify safety and security contingency planning activities; and

(C) Identify ways to utilize safety and security personnel and other resources appropriately.

(vi) All personnel have received isolated personnel training, if specified in the contract, in accordance with DoD Instruction

1300.23, Isolated Personnel Training for DoD Civilian and Contractors.

(vii) Personnel have received law of war training as follows:

(A) Basic training is required for all CAAF. The basic training will be provided through—

(1) A military-run training center; or

(2) A web-based source, if specified in the contract or approved by the Contracting Officer.

(B) Advanced training, commensurate with their duties and responsibilities, may be required for some Contractor personnel

as specified in the contract.

(2) The Contractor shall notify all personnel who are not a host country national, or who are not ordinarily resident in the

host country, that—

(i) Such employees, and dependents residing with such employees, who engage in conduct outside the United States that

would constitute an offense punishable by imprisonment for more than one year if the conduct had been engaged in within

the special maritime and territorial jurisdiction of the United States, may potentially be subject to the criminal jurisdiction of

the United States in accordance with the Military Extraterritorial Jurisdiction Act of 2000 (18 U.S.C. 3621, et seq.);

(ii) Pursuant to the War Crimes Act (18 U.S.C. 2441), Federal criminal jurisdiction also extends to conduct that is

determined to constitute a war crime when committed by a civilian national of the United States;

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(iii) Other laws may provide for prosecution of U.S. nationals who commit offenses on the premises of U.S. diplomatic,

consular, military or other U.S. Government missions outside the United States (18 U.S.C. 7(9)); and

(iv) In time of declared war or a contingency operation, CAAF are subject to the jurisdiction of the Uniform Code of

Military Justice under 10 U.S.C. 802(a)(10).

(v) Such employees are required to report offenses alleged to have been committed by or against Contractor

personnel to appropriate investigative authorities.

(vi) Such employees will be provided victim and witness protection and assistance.

(f) Processing and departure points. CAAF shall--

(1) Process through the deployment center designated in the contract, or as otherwise directed by the Contracting

Officer, prior to deploying. The deployment center will conduct deployment processing to ensure visibility and

accountability of Contractor personnel and to ensure that all deployment requirements are met, including the

requirements specified in paragraph (e)(1) of this clause;

(2) Use the point of departure and transportation mode directed by the Contracting Officer; and

(3) Process through a designated reception site (DRS) upon arrival at the deployed location. The DRS will validate

personnel accountability, ensure that specific designated operational area entrance requirements are met, and brief

Contractor personnel on theater-specific policies and procedures.

(g) Personnel data.

(1) The Contractor shall use the Synchronized Predeployment and Operational Tracker (SPOT) web-based system,

to enter and maintain the data for all CAAF and, as designated by USD (AT&L) or the Combatant

Commander, non-CAAF supporting U.S. Armed Forces deployed outside the United States as specified in paragraph

(b)(1) of this clause.

(2) The Contractor shall enter the required information about their contractor personnel prior to deployment and

shall continue to use the SPOT web-based system at https://spot.altess.army.mil/privacy.aspx to

maintain accurate, up-to-date information throughout the deployment for all Contractor personnel. Changes to status

of individual Contractor personnel relating to their in-theater arrival date and their duty

location, to include closing out the deployment with their proper status (e.g., mission complete, killed, wounded)

shall be annotated within the SPOT database in accordance with the timelines established

in the SPOT business rules.

(h) Contractor personnel.

(1) The Contracting Officer may direct the Contractor, at its own expense, to remove and replace any Contractor

personnel who jeopardize or interfere with mission accomplishment or who fail to comply with or violate applicable

requirements of this contract. Such action may be taken at the Government's discretion without prejudice to its rights

under any other provision of this contract, including the Termination for Default clause.

(2) The Contractor shall identify all personnel who occupy a position designated as mission essential and ensure the

continuity of essential Contractor services during designated operations, unless, after consultation with the

Contracting Officer, Contracting Officer's representative, or local commander, the Contracting Officer directs

withdrawal due to security conditions.

(3) The Contractor shall ensure that Contractor personnel follow the guidance at paragraph (e)(2)(v) of this clause

and any specific Combatant Commander guidance on reporting offenses alleged to have been

committed by or against Contractor personnel to appropriate investigative authorities.

https://spot.altess.army.mil/privacy.aspx

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(4) Contractor personnel shall return all U.S. Government-issued identification, to include the Common Access Card,

to appropriate U.S. Government authorities at the end of their deployment (or, for non-

CAAF, at the end of their employment under this contract).

(i) Military clothing and protective equipment.

(1) Contractor personnel are prohibited from wearing military clothing unless specifically authorized in writing by the

Combatant Commander. If authorized to wear military clothing, Contractor personnel must—

(i) Wear distinctive patches, arm bands, nametags, or headgear, in order to be distinguishable from military personnel,

consistent with force protection measures; and

(ii) Carry the written authorization with them at all times.

(2) Contractor personnel may wear military-unique organizational clothing and individual equipment (OCIE) required for

safety and security, such as ballistic, nuclear, biological, or chemical protective equipment.

(3) The deployment center, or the Combatant Commander, shall issue OCIE and shall provide training, if necessary, to

ensure the safety and security of Contractor personnel.

(4) The Contractor shall ensure that all issued OCIE is returned to the point of issue, unless otherwise directed by the

Contracting Officer.

(j) Weapons.

(1) If the Contractor requests that its personnel performing in the designated operational area be authorized to carry weapons

for individual self-defense, the request shall be made through the Contracting Officer to the Combatant Commander, in

accordance with DoD Instruction 3020.41. The Combatant Commander will determine whether to authorize in-theater

Contractor personnel to carry weapons and what weapons and ammunition will be allowed.

(2) If Contractor personnel are authorized to carry weapons in accordance with paragraph (j)(1) of this clause, the

Contracting Officer will notify the Contractor what weapons and ammunition are authorized.

(3) The Contractor shall ensure that its personnel who are authorized to carry weapons—

(i) Are adequately trained to carry and use them—

(A) Safely;

(B) With full understanding of, and adherence to, the rules of the use of force issued by the Combatant Commander; and

(C) In compliance with applicable agency policies, agreements, rules, regulations, and other applicable law;

(ii) Are not barred from possession of a firearm by 18 U.S.C. 922;

(iii) Adhere to all guidance and orders issued by the Combatant Commander regarding possession, use, safety, and

accountability of weapons and ammunition;

(iv) Comply with applicable Combatant Commander and local commander force-protection policies; and

(v) Understand that the inappropriate use of force could subject them to U.S. or host-nation prosecution and civil liability.

(4) Whether or not weapons are Government-furnished, all liability for the use of any weapon by Contractor personnel rests

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solely with the Contractor and the Contractor employee using such weapon.

(5) Upon redeployment or revocation by the Combatant Commander of the Contractor’s authorization to issue firearms, the

Contractor shall ensure that all Government-issued weapons and unexpended ammunition are returned as directed by the

Contracting Officer.

(k) Vehicle or equipment licenses. Contractor personnel shall possess the required licenses to operate all vehicles or

equipment necessary to perform the contract in the designated operational area.

(l) Purchase of scarce goods and services. If the Combatant Commander has established an organization for the

designated operational area whose function is to determine that certain items are scarce goods or services, the

Contractor shall coordinate with that organization local purchases of goods and services designated as scarce, in

accordance with instructions provided by the Contracting Officer.

(m) Evacuation.

(1) If the Combatant Commander orders a mandatory evacuation of some or all personnel, the Government will

provide assistance, to the extent available, to United States and third country national Contractor personnel.

(2) In the event of a non-mandatory evacuation order, unless authorized in writing by the Contracting Officer, the

Contractor shall maintain personnel on location sufficient to meet obligations under this contract.

(n) Next of kin notification and personnel recovery.

(1) The Contractor shall be responsible for notification of the employee-designated next of kin in the event an

employee dies, requires evacuation due to an injury, or is isolated, missing, detained, captured, or abducted.

(2) In the case of isolated, missing, detained, captured, or abducted Contractor personnel, the Government will assist

in personnel recovery actions in accordance with DoD Directive 3002.01E, Personnel Recovery in the Department of

Defense.

(o) Mortuary affairs. Contractor personnel who die while in support of the U.S. Armed Forces shall be covered by

the DoD mortuary affairs program as described in DoD Directive 1300.22, Mortuary Affairs Policy, and DoD

Instruction 3020.41, Operational Contractor Support.

(p) Changes. In addition to the changes otherwise authorized by the Changes clause of this contract, the Contracting

Officer may, at any time, by written order identified as a change order, make changes in the place of performance or

Government-furnished facilities, equipment, material, services, or site. Any change order issued in accordance with

this paragraph (p) shall be subject to the provisions of the Changes clause of this contract.

(q) Subcontracts. The Contractor shall incorporate the substance of this clause, including this paragraph (q), in all

subcontracts when subcontractor personnel are supporting U.S. Armed Forces deployed

outside the United States in--

(1) Contingency operations;

(2) Humanitarian assistance operations;

(3) Peace operations consistent with Joint Publication 3-07.3; or

(4) Other military operations or military exercises, when designated by the Combatant Commander or as directed by

the Secretary of Defense.

(End of clause)

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252.225-7041 CORRESPONDENCE IN ENGLISH (JUNE 1997)

The Contractor shall ensure that all contract correspondence that is addressed to the United States Government is

submitted in English or with an English translation.

(End of clause)

252.229-7001 TAX RELIEF (SEPT 2014)

(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is

exempt by virtue of tax agreements between the United States Government and the Contractor's government. The

following taxes or duties have been excluded from the contract price:

NAME OF TAX:_________VAT___________ RATE (PERCENTAGE): ______20_________

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

(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall

identify the materials or components intended to be imported in order to ensure that relief from import duties is

obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a

factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The

Contractor may obtain a refund of the import duties from its government or request the duty-free import of an

amount of supplies or components corresponding to that used from inventory for this contract.

(End of clause)

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

US Holidays Work Shall/Shall Not --- Can/Cannot be performed on U.S. holidays occurring during the normal

workweek. When a U.S holiday occurs on a Saturday or a Sunday, the holiday is observed on the preceding Friday

or following Monday, respectively.

Host Nation Holidays Work Shall/Shall Not --- Can/Cannot be performed on local Host Nation* holidays occurring

during the normal workweek.

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

The U.S. holidays are:

New Year's Day January 1st

M L King Memorial Day 3d Monday in January

Presidents' Day 3d Monday in February

Memorial Day last Monday in May

Independence Day July 4th

Labor Day 1st Monday in September

Columbus Day 2d Monday in October

Veterans' Day November 11th

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Thanksgiving Day 4th Thursday in November

Christmas Day December 25th

The Ukranian national and local holidays are:

New Year’s Day January 1st

Orthodox Christmas January 7

Womens Day March 8

Public Holiday March 25

Labor Day May 1- May 3

Victory Day May 9 – May 10

Orthodox Pentecost June 24

Constitution Day June 28

Oraza Bairam August 8

Independence Day August 24 – August 26

Qurban Bagram October 15

(End of local clause)

CCE 204-4005 CONVENTIONAL FORCES EUROPE (CFE) TREATY VERIFICATION INSPECTION

(March 2005)

Contractor-owned or controlled structures and containers located on U.S. Government installations are subject to

short-notice inspections by CFE treaty inspection teams. The Government will endeavor to provide the Contractor

as much notice as possible in the

event of such inspections. The contractor shall provide access to such structures and containers at the request of the

Government. The Contractor shall report such inspections to the Contracting Officer in writing within ten (10)

calendar days of completion of the inspection. Contractor-owned or controlled structures and/or containers on U.S.

installations may have to be inspected to comply with the CFE treaty even if Contractor personnel are unavailable to

provide access. Any costs borne by the Contractor or any impact on contract performance as a result of the

inspection will be a matter of negotiation between the Contractor and the Contracting Officer.

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

This is a non-personal service contract with an individual acting as an independent contractor. As such, the

contractor is not an employee of the U.S. Government and it is solely the contractor’s responsibility to determine

his/her reporting and payment responsibilities under Host Nation tax and labor laws. Status as a member of the U.S.

Forces under the NATO SOFA Supplementary Agreement does not in itself relieve the contractor of responsibilities

under Host Nation laws. Contractor should consult appropriate authorities and advisors on these matters.

Department of Defense military and civilian personnel will not provide advice in these matters. Contractor shall

hold harmless the U.S. Government for any liability that may arise from the contractor’s noncompliance with Host

Nation laws.

CCE-232-4001 FOREIGN VENDORS REQUESTING PAYMENT VIA ELECTRONIC FUNDS TRANSFER

(March 2005)

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Foreign vendors requesting payment via Electronic Funds Transfer (EFT) shall provide the following information on

their invoice at time of invoice submission. Only one EFT instruction per invoice is authorized.

- SWIFT CODE

- BLZ or BANK ROUTING NUMBER

- ACCOUNT NUMBER

- BANK NAME

- International Bank Account Number (IBAN) (If Applicable) ---

CCE-232-4001 FOREIGN VENDORS REQUESTING PAYMENT VIA ELECTRONIC FUNDS TRANSFER

(March 2005)

Foreign vendors requesting payment via Electronic Funds Transfer (EFT) shall provide the following information on

their invoice at time of invoice submission. Only one EFT instruction per invoice is authorized.

- SWIFT CODE

- BLZ or BANK ROUTING NUMBER

- ACCOUNT NUMBER

- BANK NAME

- International Bank Account Number (IBAN) (If Applicable) ---

CCE.233-4002 AMC-LEVEL PROTEST PROGRAM (January 2014)

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with

the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level

Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an

Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office or

other external forum. Contract award or performance is suspended during the protest to the same extent, and within

the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20

working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. Send

protests (other than protests to the contracting officer) to:

Protest to HQAMC shall be filed at:

Headquarters U.S. Army Materiel Command

Office of Command Counsel-Deputy Command Counsel

4400 Martin Road

Rm: A6SE040.001

Redstone Arsenal, AL 35898-5000

Fax: (256) 450-8840 or e-mail: [email protected]

Packages sent by FedEx or UPS should be addressed to:

Headquarters U.S. Army Materiel Command


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Office of Command Counsel-Deputy Command Counsel

4400 Martin Road

Rm: A6SE040.001

Redstone Arsenal, AL 35898-5000

The AMC-level protest procedures are found at:

http://www.amc.army.mil/pa/COMMANDCOUNSEL.asp

If Internet access is not available, contact the contracting officer or HQ, AMC to obtain the AMC-Level Protest

Procedures.

(End of Provision)

http://www.amc.army.mil/pa/COMMANDCOUNSEL.asp

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