Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF MAY 08, 2015 FBO #4913
SOLICITATION NOTICE

12 -- Non-Destructive Testing of Aerial Ladder - Performance Work Statement

Notice Date

5/6/2015
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

541380 — Testing Laboratories
 

Contracting Office

Department of the Air Force, Air Education and Training Command, Randolph AFB - 902nd Contracting Squadron, 395 B Street West Suite 2, Randolph AFB, Texas, 78150-4525, United States
 

ZIP Code

78150-4525
 

Solicitation Number

F2H3A25020A001
 

Archive Date

6/11/2015
 

Point of Contact

Miranda M Christensen, , KIMIKO TOMIHIRA,
 

E-Mail Address

Miranda.Christensen@us.af.mil, kimiko.tomihira.jp@us.af.mil
(Miranda.Christensen@us.af.mil, kimiko.tomihira.jp@us.af.mil)
 

Small Business Set-Aside

N/A
 

Description

Performance Work Statement Combined Synopsis/Solicitation For Non-Destructive Testing of Aerial Ladder F2H3A25020A001 Presolicitation/Solicitation for Non-Destructive Testing of Aerial Ladder for Kadena Fire & Emergency Services. NOTICE TO OFFEROR(S)/SUPPLIER(S): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs. •1. This is a combined synopsis/solicitation for commercial items and services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation F2H3A25020A001 is being issued as a Request for Quotation. All responsible sources may submit a quote. •2. This acquisition is a full and open competition in regards to size standards. The applicable North American Industry Classification System (NAICS) code is 541380 & Non-destructive testing laboratories or services under Testing Laboratories. •3. This document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-81, 10 Apr 2015 •4. The Government contemplates an award of a Service Contract resulting from this solicitation. This requirement will be for full and open competition, there is no small business set-aside. •5. The contractor shall provide all labor, parts, material, transportation, and tools necessary to install Non-Destructive Testing of Aerial Ladder and all related components in building Fire & Emergency Services. See attachment for a description, quantities, and units of measure for the items to be acquired. •6. This combined synopsis & solicitation notice is a request for competitive quotations. Therefore, all capability statements or quotations received prior to the RFQ close date will be considered. •7. The Government will award a single purchase order contract resulting from this RFQ to the responsible offeror whose offer is technically acceptable and represents the best value in terms of price to the government. •8. All questions should be directed to A1C Miranda Christensen at Miranda.Christensen@ us.af.mil. Questions must be received no later than 1:30 PM JST, 8 May 2015. Offers for this requirement are due no later than 1:30 PM JST, 11 May 2015. It is the vendor's responsibility to monitor the FedBizOps site for amendments issued in reference to this requirement. All Contractors who provide goods/services to the DOD must be registered in the SYSTEM FOR AWARD MANAGEMENT (SAM). Online Certifications and Representations are also required. Failure to comply with SAM registration may deem offeror ineligible for award. CONTRACT SPECIALIST: A1C Miranda Christensen 18 CONS/LGCA Commercial from US: 011-81-98-938-1111; dial tone 634-0523 Commercial in Japan: 098-938-1111; dial tone, 634-0523 Miranda.Christensen@us.af.mil CONTRACTING OFFICER: KIMIKO TOMIHIRA 18 CONS/LGCA kimiko.tomihira.jp@us.af.mil Non-Destructive Testing of Aerial Ladder to include dismantling of the existing system and installation in accordance with (IAW) the attached specification and Performance Work Statement (PWS). *Shipping from U.S. contractors in the lower 48 states will be to the Government Container Consolidation Point at Tracy, California. * Contractors outside of the continental U.S. should include proposed method of shipping to Okinawa Japan in their offer. *Shipping and installation costs shall be included in the line item. *All quotes must remain valid until 30 September 2015. *Delivery Schedule: FOB Destination to Tracy, California within 90 days from date of award. *Offerors must submit detailed descriptions of the systems proposed to include specifications sheets and warranty info. *Installation: The contractor will be notified once the equipment arrives at Fire & Emergency Services. The contractor will complete work by 1 June 2015. Installation Address: Fire Station Bldg 739 Kadena AB LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS (All listed attachments are at the end of this document) Attachment Number Description Pages 1 Applicable Clauses and Provisions 4-26 2 Schedule of Supplies 27 ***********************LAST ITEM******************** Attachment 1: Applicable Clauses and Provisions The Clauses and Provisions listed below are applicable to this order and can be read in their full text at http://farsite.hill.af.mil Clauses & Provisions Incorporated by Reference: 52.203-3 Gratuities Apr 1984 52.204-7 System for Award Management Jul 2013 52.212-1 Instruction to Offerors-Commercial Items Apr 2014 52.212-4 Contract Terms and Conditions-Commercial Items Dec 2014 52.222-3 Convict Labor Jun 2003 52.222-21 Prohibition of Segregated Facilities Feb1999 52.223-5 Pollution Prevention/Right-to-Know May 2011 52.223-18 Ban on Texting Aug 2011 52.233-3 Protest After Award Aug 1996 52.233-4 Applicable Law for Breack of Contract Claim Oct 2004 52.237-2 Protection of Govt Bldgs, Equip, & Veg Apr 1984 252.203-7000 Requirements Relating to Compensation of Former Sep 2011 DoD Officials 252.203-7005 Representation Relating to Compensation of Former Nov 2011 DoD Officials 252.204-7012 Safeguarding of Unclassified Controlled Nov 2013 Technical Information 252.205-7000 Provision of Information to Cooperative Agreement Holders Dec 1991 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings Jun 2011 252.225-7020 Trade Agreements Certificate--Basic Nov 2014 252-225-7021 Trade Agreements Oct 2013 252.225-7043 Antiterrorism/Force Protection Policy for Defense Contractors Mar 2006 Outside the United States 252.225-7993 Prohibition on Contracting with the Enemy Feb 2014 (Deviation 2014-O0008) 252.232-7003 Electronic Submission of Payments Jun 2012 252.232-7010 Levies on Contract Payments Dec 2006 252.243-7001 Pricing of Contract Modifications Dec 1991 252.243-7002 Requests for Equitable Adjustment Dec 2012 252.244-7000 Subcontracts for Commercial Items Jun 2013 Clauses & Provisions Incorporated by Full Text : FAR 52.209-7 -- Information Regarding Responsibility Matters. (Jul 2013) (a) Definitions. As used in this provision- "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability ( e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means- (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity ( e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in- (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7). (End of provision) 52.211-6 -- Brand Name or Equal (Aug 1999) (a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation. (b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must- (1) Meet the salient physical, functional, or performance characteristic specified in this solicitation; (2) Clearly identify the item by- (i) Brand name, if any; and (ii) Make or model number; (3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and (4) Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification. (c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. (d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation. Addenda to FAR 52.212-1 Instructions to Offerors - Commercial Items (April 2014) •(a) Paragraph 52.212-1(c), Period for Acceptance of Offers, is tailored as follows: "The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers." •(b) The following is inserted as new paragraph (m) of the provision: (m) Proposal Preparation Instructions. A. To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or subfactors. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The response shall consist of three (3) separate parts; Part I - Summary and Miscellaneous Data, Part II - Price Proposal, and Part III - Technical Proposal. B. Specific Instructions: 1. PART I - SUMMARY AND MISCELLANEOUS DATA. Submit original plus one (1)copy. (a) The offeror shall provide a concise summary and master table of contents of the entire proposal. (b) Combined Synopsis/Solicitation. Complete all necessary fill-ins. In doing so, the offeror accedes to the contract terms and conditions as written in the solicitation. (c) Complete the necessary fill-ins and certifications in provisions and in the on-line Representations and Certifications at www.sam.gov. Return the provision FAR 52.212-3, Offeror Representations and Certifications - Commercial Items, along with the proposal. For other provisions and clauses in the solicitation, the offeror is required to submit the pages that require an offeror fill-in. (d) Submit an acknowledgment of the all solicitation amendments, if issued. 2. PART II - PRICE PROPOSAL - Submit original plus one (1) copy. (a) Insert proposed unit price(s) and extended amount(s) in the Schedule of Supplies/Services for each Contract Line Item Number (CLIN) or Sub CLIN (SCLIN), including all option periods. The extended amount must equal the unit price multiplied by the number of units. It is imperative that mathematical calculations are correct; particular care should be taken to ensure the amounts match when using the EXCEL program and the rounding of figures, limited to two decimal places. (b) Extreme care should be exercised to ensure that no price data of any kind are included in any other Part of the proposal. 3. PART III - TECHNICAL PROPOSAL - Limited to no more than fifty (50) pages. Submit original plus one (1) copy. Subfactor 1 -CBW Specification Contractor must meet the CBW Specification stated in attachment one (1) of this solicitation. Must provide one copy of company's specifications of offered product. Subfactor 2 -CBW Floor Layout Contractor must be able to install the necessary machinery within the guidelines of the floor layout provided in attachment two (2) of this solicitation. Must provide one copy of company's proposed floor layout. C. Documents submitted in response to this RFQ must be consistent with the following: 1. Requirements of the solicitation (CLINs and PWS) and government standards and regulations pertaining to the PWS. 2. FAR 52.212-2, Evaluation - Commercial Items, of this solicitation. 3. If a Part in a quote exceeds the specified page limit cited in the Part Content, the excessive pages will not be evaluated. 4. Format for proposal Parts I, II, and III shall be as follows : (a) The quotes will be on 8 1/2" x 11" paper, except for fold-outs used for charts, tables, or diagrams, which may not exceed 11" x 17". (b) A page is defined as one face of a sheet of paper containing information. Two pages may be printed on one sheet of paper. (c) All printing shall be single-spaced. Spacing characteristics are applicable to charts and graphs. (d) Typing shall not be less than 10 pitch. Size of print is applicable to charts and graphs. (e) Page margins shall be a minimum of 1 inch top, bottom, and each side. (f) In addition to the paper copies specified for each Part, one electronic copy of each Part of the entire offer must be submitted. The electronic version of the proposal shall be submitted in a format readable by Microsoft Office 2007 which includes software programs such as WORD, EXCEL, or PowerPoint. For those pages of the proposal that cannot be submitted using Microsoft Office, such as the Standard Form 1449, offerors shall include those pages electronically using Adobe Acrobat portable document files (.pdf) format. The Price Part shall be submitted in spreadsheet format, such as EXCEL, and MS WORD for price narrative. The electronic version shall be submitted on a compact disc (CD). USB flash drives, floppy disks, and zip disks are not acceptable. Indicate on each CD the Part number and title. The paper copies and electronic versions shall be identical in all respects. In the event there are any discrepancies between the paper copies and electronic copies, the paper copies take precedence and will be used for evaluation. Ensure the electronic documents stored on the CD can be opened. Use separate files and folders to permit rapid location of all portions, including exhibits and attachments, if any. Replacement CDs will be required to update the final proposal resulting from any discussions and updates, if applicable. (h) Offerors can also submit electronic copies of proposals via e-mail. Files are not to exceed 8 MB. By submitting an electronic copy, offerors assume all risk of proposals not getting through security measures and firewalls. Only files created using Microsoft WORD, Microsoft EXCEL, and/or Adobe.pdf files will be accepted. No zip files will be accepted. If submitting proposals electronically, email the file(s) by the solicitation closing date and time to the following email address: ( Email) (i) Each Part shall be complete in itself and shall not reference information contained in other Parts. Page 1 of a Part is defined as the first page after the Table of Contents. All pages shall be numbered. (j) Price data of any kind shall be presented only in the Price Proposal Part. (k) Elaborate formats, bindings, and color presentations are not desired or required. The following table summarizes the proposal submission: PART TITLE ELECTRONIC COPY PAPER COPY PAGE LIMIT DUE DATE I Summary and Misc Data (File Name: Part I) 1 1 10 22 June 2015 II Price (File Name: Part II) 1 1 10 22 June 2015 III Technical (File Name: Part III) 1 1 50 22 June 2015 (Insert the number of electronic copies, number of paper copies, maximum allowable pages, and the due date.) D. General Information: 1. Information regarding submission of proposals: Hand carried or mailed proposals must be delivered to the following address: Hand carried to: 18th Contracting Squadron Attn: A1C Miranda Christensen Buildling 99 Kadena, AB, Okinawa, Japan Mailed to: 18th Contracting Squadron Attn: A1C Miranda Christensen Unit 5199, Bldg 95 APO, AP 96368-5199 2. The sealed envelope or package used to submit your proposal must show the time and date specified for receipt, the solicitation number, and the name and address of the offeror. 3. Offerors are cautioned that Kadena Air Base has visitor control procedures requiring individuals not affiliated with the installation to obtain a visitor pass prior to entrance. SOME DELAY SHOULD BE EXPECTED WHEN HAND-CARRYING PROPOSALS. Offerors should allow sufficient time to obtain a visitor pass and arrive at building 99 prior to the time specified for receipt. Late proposals will be processed in accordance with FAR 52.215-1(c)(3), "Submission, modification, revision, and withdrawal of proposals." 4. FEDERAL HOLIDAYS: The following Federal Legal Holidays are observed by this base: New Year's Day 1 January Birthday of Martin Luther King Third Monday in January Washington's Birthday Third Monday in February Memorial Day Last Monday in May Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day 11 November Thanksgiving Day Fourth Thursday in November Christmas Day 25 December (End of Addenda) 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 will be used to evaluate offers: •(1) Summary and Miscellaneous Data (2) Price (3) Technical (b) Options. The government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options will not obligate the government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, will result in a binding contract without further action by either party. Before the offer's specified expiration time, the government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. Addendum to FAR 52.212-2, Evaluation - Commercial Items The following is inserted as new paragraph (d) of the provision: "(d) BASIS FOR CONTRACT AWARD : This is a competitive Lowest Price Technically Acceptable (LPTA) source selection conducted in accordance with Federal Acquisition Regulation (FAR) Parts 12 and 15 and Air Force FAR Supplement (AFFARS) Mandatory Procedure (MP) 5315.3. By submission of its offer in accordance with the instructions provided in clause FAR 52.212-1, Instructions to Offerors -Commercial Items, the offeror accedes to the terms of this model contract. Failure to meet a requirement may result in an offer being determined unacceptable. Award will be made to the lowest Total Evaluated Price (TEP) offer that meets the acceptability standards for non-price factors. The evaluation process will include the following: (1) Summary and Miscellaneous Data. The government will evaluate summary and miscellaneous data proposals on a pass/fail basis and assign an Acceptable or Unacceptable rating as described in Table 1 below. Table 1. Summary and Miscellaneous Data Ratings Rating Description Acceptable Proposal meets the requirements of the solicitation. Unacceptable Proposal does not meet the requirements of the solicitation. (2) Price Evaluation Factor. The government will rank all offers by Total Evaluated Price or TEP. The price evaluation will document the fairness and reasonableness of the TEP. Total Evaluated Price: A TEP will be computed for each offer in order to meet the requirements of FAR Parts 6 and 17. The TEP will be evaluated by adding CLIN 000. LPTA (Lowest Price Technically Acceptable) shall be utilized in evaluating offerors. The proposals will be evaluated against the following subfactor(s): Subfactor 1 -CBW Specification This subfactor will be rated "acceptable" if the contractor has provided a copy of the company's specifications of their offered product. If the contractor has not provided a copy, their technical rating will be rated "unacceptable". Subfactor 2 -CBW Floor Layout This subfactor will be rated "acceptable" if the contractor has provided a copy of their proposed floor layout. If the contractor has not provided a copy, their technical rating will be rated "unacceptable". (4) Offerors are cautioned to submit sufficient information and in the format specified in 52.212-1, Instructions to Offerors - Commercial Items, of this solicitation. Offerors may be asked to clarify certain aspects of their proposals. Exchanges conducted to resolve minor or clerical errors will not constitute discussions and the contracting officer reserves the right to award a contract without the opportunity for proposal revision. The government intends to award a contract without discussions with respective offerors. The government, however, reserves the right to conduct discussions if deemed in its best interest. (5) Award will be made to the lowest priced offer, based on TEP, that meets the acceptability standards for non-price factors." (End of Addenda) 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2015) 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. (End of provision) Addenda to 52.212-4 252.222-7002 Compliance with Local Labor Laws (Overseas) (Jun 1997) (a) The Contractor shall comply with all (1) Local laws, regulations, and labor union agreements governing work hours; and (2) Labor regulations including collective bargaining agreements, workers' compensation, working conditions, fringe benefits, and labor standards or labor contract matters. (b) The Contractor indemnifies and holds harmless the United States Government from all claims arising out of the requirements of this clause. This indemnity includes the Contractor's obligation to handle and settle, without cost to the United States Government, any claims or litigation concerning allegations that the Contractor or the United States Government, or both, have not fully complied with local labor laws or regulations relating to the performance of work required by this contract. (c) Notwithstanding paragraph (b) of this clause, consistent with paragraphs 31.205-15(a) and 31.205-47(d) of the Federal Acquisition Regulation, the Contractor will be reimbursed for the costs of all fines, penalties, and reasonable litigation expenses incurred as a result of compliance with specific contract terms and conditions or written instructions from the Contracting Officer. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAR 2015) (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) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 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). _ ___ (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.) X (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] ___ (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C). ___ (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). 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)). ____ (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)). ____ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). ____ (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). X (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212). X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793). X (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). ____ (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627). ____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). ____ (34) 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.) ____ (35)(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.) ____ (36) (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. ____ (37)(i) 52.223-14, Acquisition of EPEAT ® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). ____ (ii) Alternate I (Jun 2014) of 52.223-14. ____ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ____ (39)(i) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514). ____ (ii) Alternate I (Jun 2014) of 52.223-16. X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). ____ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ____ (42) (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. 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 (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X (44) 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). ____ (45) 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). ____ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150 ____ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ____ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). ____ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). X (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (July 2013) (31 U.S.C. 3332). ____ (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (July 2013) (31 U.S.C. 3332). ____ (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). ____ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). X (54)(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.) _____ (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). _____ (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). (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) _____ (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627). X (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (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) 52.225-14 -- Inconsistency Between English Version and Translation of Contract. (Feb 2000) In the event of inconsistency between any terms of this contract and any translation into another language, the English language meaning shall control. 52.228-3 -- Workers' Compensation Insurance (Defense Base Act). (Apr 1984) The Contractor shall (a) provide, before commencing performance under this contract, such workers' compensation insurance or security as the Defense Base Act (42 U.S.C. 1651, et seq. ) requires and (b) continue to maintain it until performance is completed. The Contractor shall insert, in all subcontracts under this contract to which the Defense Base Act applies, a clause similar to this clause (including this sentence) imposing upon those subcontractors this requirement to comply with the Defense Base Act. 52.228-4-- Workers' Compensation and War-Hazard Insurance Overseas (Apr 1984) (a) This paragraph applies if the Contractor employs any person who, but for a waiver granted by the Secretary of Labor, would be subject to workers' compensation insurance under the Defense Base Act (42 U.S.C. 1651, et seq.). On behalf of employees for whom the applicability of the Defense Base Act has been waived, the Contractor shall (1) provide, before commencing performance under this contract, at least that workers' compensation insurance or the equivalent as the laws of the country of which these employees are nationals may require, and (2) continue to maintain it until performance is completed. The Contractor shall insert, in all subcontracts under this contract to which the Defense Base Act would apply but for the waiver, a clause similar to this paragraph (a) (including this sentence) imposing upon those subcontractors this requirement to provide such workers' compensation insurance coverage. (b) This paragraph applies if the Contractor or any subcontractor under this contract employs any person who, but for a waiver granted by the Secretary of Labor, would be subject to the War Hazards Compensation Act (42 U.S.C. 1701, et seq.). On behalf of employees for whom the applicability of the Defense Base Act (and hence that of the War Hazards Compensation Act) has been waived, the Contractor shall, subject to reimbursement as provided elsewhere in this contract, afford the same protection as that provided in the War Hazards Compensation Act, except that the level of benefits shall conform to any law or international agreement controlling the benefits to which the employees may be entitled. In all other respects, the standards of the War Hazards Compensation Act shall apply; e.g., the definition of war-hazard risks (injury, death, capture, or detention as the result of a war hazard as defined in the Act), proof of loss, and exclusion of benefits otherwise covered by workers' compensation insurance or the equivalent. Unless the Contractor elects to assume directly the liability to subcontractor employees created by this clause, the Contractor shall insert, in all subcontracts under this contract to which the War Hazards Compensation Act would apply but for the waiver, a clause similar to this paragraph (b) (including this sentence) imposing upon those subcontractors this requirement to provide war-hazard benefits. 52.233-2 -- Service of Protest. (Sep 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Ms. Rubyann Prout, 18 th Contracting Squadron, Building 99, Kadena AB, APO AP 96368. (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of Provision) 252.209-7994 -- Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law-Fiscal Year 2014 Appropriations. (Deviation 2014-O0004)(Oct 2013) (a) In accordance with section 101(a) of Division A of the Continuing Appropriations Act, 2014 (Pub. L. 113-46), none of the funds made available by that Act for DoD (including Military Construction funds) may be used to enter into a contract with any corporation that- (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that- (1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, (2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision) 252.225-7041 -- Correspondence in English. (Jun 1997) The Contractor shall ensure that all contract correspondence that is addressed to the United States Government is submitted in English or with an English translation. (End of clause) 252.225-7043 -- Antiterrorism/Force Protection for Defense Contractors Outside the United States (Mar 2006) (a) Definition. "United States," as used in this clause, means, the 50 States, the District of Columbia, and outlying areas. (b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall (1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity; (2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality; (3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and (4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel. (c) The requirements of this clause do not apply to any subcontractor that is (1) A foreign government; (2) A representative of a foreign government; or (3) A foreign corporation wholly owned by a foreign government. (d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from The appropriate Antiterrorism Force Protection Office at the Command Headquarters. Also see https://atep.dtic.mil. 252.226-7001 -- Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns. (Sep 2004) (a) Definitions. As used in this clause-- "Indian" means- (1) Any person who is a member of any Indian tribe, band, group, pueblo, or community that is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs (BIA) in accordance with 25 U.S.C. 1452(c); and (2) Any "Native" as defined in the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). "Indian organization" means the governing body of any Indian tribe or entity established or recognized by the governing body of an Indian tribe for the purposes of 25 U.S.C. Chapter 17. "Indian-owned economic enterprise" means any Indian-owned (as determined by the Secretary of the Interior) commercial, industrial, or business activity established or organized for the purpose of profit, provided that Indian ownership constitutes not less than 51 percent of the enterprise. "Indian tribe" means any Indian tribe, band, group, pueblo, or community, including native villages and native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act, that is recognized by the Federal Government as eligible for services from BIA in accordance with 25 U.S.C. 1452(c). "Interested party" means a contractor or an actual or prospective offeror whose direct economic interest would be affected by the award of a subcontract or by the failure to award a subcontract. "Native Hawaiian small business concern" means an entity that is- (1) A small business concern as defined in Section 3 of the Small Business Act (15 U.S.C. 632) and relevant implementing regulations; and (2) Owned and controlled by a Native Hawaiian as defined in 25 U.S.C. 4221(9). (b) The Contractor shall use its best efforts to give Indian organizations, Indian-owned economic enterprises, and Native Hawaiian small business concerns the maximum practicable opportunity to participate in the subcontracts it awards, to the fullest extent consistent with efficient performance of the contract. (c) The Contracting Officer and the Contractor, acting in good faith, may rely on the representation of an Indian organization, Indian-owned economic enterprise, or Native Hawaiian small business concern as to its eligibility, unless an interested party challenges its status or the Contracting Officer has independent reason to question that status. (d) In the event of a challenge to the representation of a subcontractor, the Contracting Officer will refer the matter to- (1) For matters relating to Indian organizations or Indian-owned economic enterprises: U.S. Department of the Interior Bureau of Indian Affairs Attn: Chief, Division of Contracting and Grants Administration 1849 C Street NW, MS-2626-MIB Washington, DC 20240-4000. The BIA will determine the eligibility and will notify the Contracting Officer. (2) For matters relating to Native Hawaiian small business concerns: Department of Hawaiian Home Lands PO Box 1879 Honolulu, HI 96805. The Department of Hawaiian Home Lands will determine the eligibility and will notify the Contracting Officer. (e) No incentive payment will be made- (1) While a challenge is pending; or (2) If a subcontractor is determined to be an ineligible participant. (f)(1) The Contractor, on its own behalf or on behalf of a subcontractor at any tier, may request an incentive payment in accordance with this clause. (2) The incentive amount that may be requested is 5 percent of the estimated cost, target cost, or fixed price included in the subcontract at the time of award to the Indian organization, Indian-owned economic enterprise, or Native Hawaiian small business concern. (3) In the case of a subcontract for commercial items, the Contractor may receive an incentive payment only if the subcontracted items are produced or manufactured in whole or in part by an Indian organization, Indian-owned economic enterprise, or Native Hawaiian small business concern. (4) The Contractor has the burden of proving the amount claimed and shall assert its request for an incentive payment prior to completion of contract performance. (5) The Contracting Officer, subject to the terms and conditions of the contract and the availability of funds, will authorize an incentive payment of 5 percent of the estimated cost, target cost, or fixed price included in the subcontract awarded to the Indian organization, Indian-owned economic enterprise, or Native Hawaiian small business concern. (6) If the Contractor requests and receives an incentive payment on behalf of a subcontractor, the Contractor is obligated to pay the subcontractor the incentive amount. (g) The Contractor shall insert the substance of this clause, including this paragraph (g), in all subcontracts exceeding $500,000. (End of clause) 252.232-7008 -- Assignment of Claims (Overseas) (Jun 1997) (a) No claims for monies due, or to become due, shall be assigned by the Contractor unless (1) Approved in writing by the Contracting Officer; (2) Made in accordance with the laws and regulations of the United States of America; and (3) Permitted by the laws and regulations of the Contractor's country. (b) In no event shall copies of this contract or of any plans, specifications, or other similar documents relating to work under this contract, if marked "Top Secret," "Secret," or "Confidential" be furnished to any assignee of any claim arising under this contract or to any other person not entitled to receive such documents. However, a copy of any part or all of this contract so marked may be furnished, or any information contained herein may be disclosed, to such assignee upon the Contracting Officer's prior written authorization. (c) Any assignment under this contract shall cover all amounts payable under this contract and not already paid, and shall not be made to more than one party, except that any such assignment may be made to one party as agent or trustee for two or more parties participating in such financing. On each invoice or voucher submitted for payment under this contract to which any assignment applies, and for which direct payment thereof is to be made to an assignee, the Contractor shall (1) Identify the assignee by name and complete address; and (2) Acknowledge the validity of the assignment and the right of the named assignee to receive payment in the amount invoiced or vouchered 252.233-7001 -- Choice of Law (Overseas). (Jun 1997) This contract shall be construed and interpreted in accordance with the substantive laws of the United States of America. By the execution of this contract, the Contractor expressly agrees to waive any rights to invoke the jurisdiction of local national courts where this contract is performed and agrees to accept the exclusive jurisdiction of the United States Armed Services Board of Contract Appeals and the United States Court of Federal Claims for the hearing and determination of any and all disputes that may arise under the Disputes clause of this contract. (End of clause) 5352.201-9101 OMBUDSMAN (APR 2010) (a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the party to another official who can resolve the concern. (b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions). (c) If resolution cannot be made by the contracting officer, concerned parties may contact MAJCOM ombudsman, CMSgt Gene L. Eastman, AFICA/KH (OL-PAC), Hickam AFB, HI 96853-5427, phone number (315)449-8569, e-mail address gene.eastman@us.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM Ombudsman level may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (703) 588-7004, facsimile number (703) 588-1067. (d) The ombudsman has no authority to render a decision that binds the agency. (e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer. TAX EXEMPTION CERTIFICATE The contractor will submit requests for gasoline or diesel oil tax exemption certificates to the Contracting Officer. This request will show the actual amount of gasoline or diesel oil used exclusively for the performance of this contract, with documentary evidence and detailed item breakdown to certify the accurate consumption o gasoline or diesel, or other necessary information and data as may be required. The Contracting Officer will issue to the contractor a Tax Exemption Certification for the actual amount of gasoline or diesel oil used exclusively for the performance of this contract. The contractor shall claim all tax and customs exemptions as listed in paragraph "EXEMPTION FROM JAPANESE CUSTOMS DUTIES AND TAXES PURSUANT TO STATUS OF FORCES AGREEMENT". EXEMPTION FROM JAPANESE CUSTOMS DUTIES AND TAXES PURSUANT TO STATUS OF FORCES AGREEMENT (AUG 2001) (a) Paragraph 2, Article XI of the Status of Forces Agreement between Japan and the United States, authorizes the United States entry into Japan free from Japanese customs duties and all other charges on materials, supplies and equipment imported for the official use of the United States Armed Forces or for the exclusive use of such forces or ultimately to be incorporated into articles or facilities used by such forces. (b) Paragraph 3, Article XII of said Status of Forces Agreement, authorizes the United States exemption from certain Japanese taxes for materials, supplies, equipment and services procured for official purpose in Japan by the United States Armed Forces or by authorized agencies of the United States Armed Forces. Currently, these taxes are: (1) Gasoline tax and local road tax on gasoline; (2) Diesel oil tax; (3) Liquefied petroleum tax, and (4) consumption tax. (c) If you are the successful offeror, the Contracting Officer or his authorized representative will issue customs or tax exemption taxes in accordance with procedures agreed upon between the Government of Japan and the United States of America. Tax exemption certificates for either at the end of each month or upon termination of the contract. These can be applied against future purchases of motor fuel. They will be issued only to you as the prime contractor, so, if you employ a subcontractor or supplier who uses motor fuel, you must purchase the motor fuel to secure the exemption. (d) List below the customs duties or taxes which have been excluded from your proposal as required by the Taxes Clause. Contractor must claim all customs and tax exemptions to which the U.S. Government is entitled. Type of Commodity and Amount of Duty or Tax Percentage of Tax Excluded in Yen (¥) (1) Customs Duties __________________ __________________ (2) Taxes: (a) Gasoline tax and local road tax on gasoline _________________ __________________ (b) Diesel oil tax __________________ __________________ (c) Liquefied petroleum tax __________________ __________________ (d) Consumption tax __________________ __________________ (End of Clause) INVOICE SUBMISSION Return to the Header tab, then click ' Create Document '. This will then bring up the completed invoice for review. Once reviewed for accuracy, click ' SUBMIT '. The Receiving Report document will appear and will look similar to the invoice. Click ' SUBMIT '; this will bring up a screen that will identify the email addresses the newly-created documents will be sent. Just above the 'Return' and 'Page Help' buttons, you will see " Send More Email Notifications ". Notice to Contractor: WAWF will prompt asking for 'additional e-mail submissions" after clicking "SIGNATURE". The following E-Mail addresses MUST be input in order to prevent delays in processing: Please send additional emails to all listed: EMAIL POINT OF CONTACT LISTING: 18 CONS.WAWF@kadena.af.mil SERVICE ACCEPTOR/INSPECTOR: fred.watts@us.af.mil CONTRACT ADMINISTRATOR: Miranda.Christensen@us.af.mil Mark " SEND " for each, then " SUBMIT ". (End of clause) COMM-0001 Wide Area Work Flow Clause WAWF SUBMIT INVOICES ELECTRONICALLY This contract contains DFARS Clause 252.232-7003, Electronic Submission of Payment Requests. This clause requires invoices for supplies and services purchased by the DoD be submitted via electronic means. The Wide Area Workflow (WAWF) system satisfies this mandatory requirement. WAWF can be accessed on the internet at https://wawf.eb.mil/. Before using WAWF, ensure your company's Electronic Business POCs listed in your Central Contractor Registration (CCR) are the same individuals that will invoice through WAWF. If they aren't, changes can be made to your company's CCR profile at www.ccr.gov. Click on "Update" or "Renew" using "TPIN". CCR customer support can be reached at 1-888-227-2423. If your company's electronic businesses POCs are correct, contact the WAWF helpdesk at 1-866-618-5988 or by e-mail at cscassig@ogden.disa.mil and ask to establish a group for your company's CAGE code. The group administrator will also have to call the WAWF helpdesk to request account activation. Once the group is established and the account is activated, your company will be able to create a combination invoice/receiving report using the codes below and instructions available from our contract administrator/buyer. Questions concerning payment should be directed to the Defense Finance Accounting Services (DFAS) Air Force Pacific at 011-81-3117-55-3068. Please have the order number and invoice number ready when calling about payment status. The accounts payable mailing address can be located in Block 18a of the order. Payment information can be easily accessed using the DFAS web site at http://www.dfas.mil. The purchase order/contract number or invoice will be required to inquire status of payment. Go to DFAS on the web at: www/dfas.mil/money/vendor.. The contractor shall create one of the following: [ ] "2-n-1 format" for services only [ ] "Invoice and Receiving Report (Combo) [ ] "Invoice " for medical supplies [ ] "Construction Invoice" for construction THE FOLLOWING CODES WILL BE REQUIRED TO ROUTE YOUR INVOICES THROUGH WAWF ISSUE BY DODAAC: FA5270 ADMIN DODAAC: FA5270 INSPECT BY DODAAC: F2H3S9 SERVICE ACCEPTOR: F2H3S9 "SHIP TO" DODAAC: F2H3S9 PAY OFFICE DODAAC: F68800 ADDING CLINs To input the line item for the invoice, the following codes will be required to Add CLIN/SLIN: Structure your CLINs as follows: Example: Item No. 0001 Stock Part No. Type SUP Qty provided 5062 Unit GL Unit Price $2.00 Description LP Gas ACRN AA Final Payment Y Final Invoice Y COMM-0002 Tracy Shipping Instruction PROOF OF DELIVERY TO: CONTRACTOR Please submit proof of delivery documents for each line item and quantity shipped under each TCN number along with invoice to ensure payment is made in timely manner. Please ensure that delivered packages are traceable if lost or stolen. FREIGHT DELIVERY PROCEDURES Delivery will be made by most economical method or as follows: If freight charges exceed $100.00, a copy of the carrier's freight bill or other evidence of receipt must be furnished with invoice. The receipt must show amount of shipping charges and be signed by company's representative. If freight charges exceed the amount on the purchase order, you must receive authorization by the contracting office prior to shipment and/or receive alternate shipping instructions. Failure to obtain prior authorization may result in the government paying a lesser amount. The government will only pay fair and reasonable transportation charges as established by current market rates. Failure to comply with these procedures may delay or preclude you from receiving payment for freight charges. Vendor will ensure that all items are delivered by delivery date. RECEIVING REPORT TO: REQUESTER Upon receipt of supplies or services, the requesting activity will prepare a Receiving Report (DD Form 250, DD Form 1155, SF 1449 or a letter) and send it to address in block 18a, and 1 copy to the Contracting Office address in block 9. Receiving Reports must be submitted within 6 working days after receipt of merchandise. REMIT TO ADDRESS CONTRACTOR SHIPPING INSTRUCTIONS These instructions apply to shipments originating in the United States destined for Okinawa, Japan. Section A - Applies to All Orders Shipments 0-70 pounds and within size limitations: Ship prepaid by the least costly small package carrier or the United States Postal Service. Any direct charge for prepaid cost will be listed as a separate item on the invoice for the supplies shipped. Submit a copy of the transportation or freight bill with the invoice for cost verification. Failure to provide a copy of the paid freight bill may result in the contractor not being fully reimbursed for freight charges. Contractors shall not divide quantities into small parcels of 0-70 pounds for the purpose of avoiding shipment by other modes of transportation. Contractors shall not insure shipments at Government expense for the purpose of recovery in case of loss or damage, except where minimum insurance is required for the purpose of obtaining receipts at point of origin and upon delivery. Shipments 0-70 pounds NOT within size limitations, or shipments 71 pounds and over: Ship prepaid by commercial surface (water), or the least costly small package carrier. If this is not possible, ship item(s) through the Defense Transportation System. Any shipping container or load exceeding 200 pounds gross weight shall be placed on a standard wooden/plastic skid with a minimum 3 7/8" clearance for the purpose of handling with forklifts or other material handling equipment and to allow ease of loading/unloading. Section B - Applies to Orders Shipped via Military Sealift Procedures for shipping through the Military Sealift Command, Consolidation and Containerization Point (CCP), Tracy, CA: a. All shipments must be packaged, marked and labeled in accordance with DoD 4500.9R, Defense Transportation Regulation, Part II, Cargo Movements and MIL-STD 129. Shipments considered hazardous must be prepared in accordance with Title 49, Code of Federal Regulation-Transportation, and the International Maritime Dangerous Goods Code (IMDGC). b. All shipments must be marked "For Export". c. The shipment and all paperwork must be annotated with the transportation control number (TCN) the ultimate destination and purchase order (P.O) number. Use of the military shipping label (DD Form 1387) is encouraged, but not required. d. All shipments must be on "heat treated" pallets. THE FOLLOWING INFORMATION MUST BE PROVIDED TO BE CONSIDERED A RESPONSIVE BID: Type of container ____________ Number of containers_____________ Each Piece: Height ___________ Length___________ Width___________ Weight__________ CONTRACTOR MUST USE SHIPPING LABELS PROVIDED BY THE GOVERNMENT TO AVOID LOSS/FRUSTRATED CARGO. (End of clause) Attachment 2: Schedule of Supplies Schedule of Supplies CLIN # Description Qty Unit Price Ext Price CLIN 0001 Basic (FY15): No Later Than 1 Jun 2015 1 CLIN 0002 Option Yr 1 (FY16): 1 March 2016- 25 May 2016 1 Total
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/USAF/AETC/RandAFBCO/F2H3A25020A001/listing.html)
 

Place of Performance

Address: Kadena AFB, Okinawa, Non-U.S., 96367, Japan
 

Record

SN03721302-W 20150508/150506234839-6d626d559f73a3cf90b5ab39998438f1 (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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