SOLICITATION NOTICE
U -- RUSSIAN LANGUAGE INSTRUCTION SERVICES - Attachments
- Notice Date
- 10/30/2015
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 611630
— Language Schools
- Contracting Office
- Other Defense Agencies, Defense Security Cooperation Agency, George C. Marshall Center, Gernackerstrasse 2, Geb 112, Garmisch, 82467
- ZIP Code
- 82467
- Solicitation Number
- HQ023616T0001
- Archive Date
- 11/28/2015
- Point of Contact
- James Miller, Phone: 4988217502603
- E-Mail Address
-
james.f.miller1@marshallcenter.org
(james.f.miller1@marshallcenter.org)
- Small Business Set-Aside
- N/A
- Description
- Exhibit 2.3 Exhibit 2.2 Exhibit 2.1 Attachment 0002 PWS This is a combined synopsis/solicitation for Commercial Items prepared in accordance with the format prescribed in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are requested and a written solicitation will not be issued. The solicitation number is HQ0236-16-T-0001 and is being issued as a Request for Quote (RFQ). The Defense Security Cooperation Agency (DSCA), George C. Marshall European Center for Security Studies (GCMC) in Garmisch-Partenkirchen, Germany, intends to award a commercial, firm fixed price contract resulting from this combined synopsis/solicitation. All responsible sources may submit a quote which shall be considered by the agency. The estimated award date of this requirement is on or around 30 November 2016. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-83, Effective 2 July 2015. The applicable North American Industry Classification Standards (NAICS) code is 611630, Language Schools. The small business size standard is $10.0M. DSCA GCMC intends to purchase professional non-personal services providing Russian language instruction services in support of the Partner Language Training Center Europe (PLTCE); which is hosted by the GCMC and is a joint US Department of Defense - German Ministry of Defense educational institution. This requirement is for a one-year base period and two one-year option periods. SCHEDULE OF SUPPLIES AND SERVICES. CLIN 0001 – Base Year Russian Language Instruction Services Base Year Period of Performance: 365 days from date of award Price per week (indicate currency type): __________ X 35 weeks = ___________ CLIN 1001 – Option Year One Russian Language Instruction Services Option Year One Period of Performance: 365 days starting upon completion of the base year Price per week (indicate currency type): __________ X 35 weeks = ___________ CLIN 2001 - Option Period Two Russian Language Instruction Services Option Year Two Period of Performance: 365 days starting upon completion of option year one Price per week (indicate currency type): __________ X 35 weeks = ___________ SPECIFIC REQUIREMENTS. See the Performance Work Statement at Attachment 0001. INSPECTION/ACCEPTANCE. All inspection/acceptance activities will be performed by the Government at the Government site. QUOTE SUBMISSION REQUIREMENTS. The provision at FAR 52.212-1, Instructions to Offerors-Commercial Items, applies to this acquisition and is incorporated by reference. The provision at FAR 52.212-2, Evaluation-Commercial Items applies to this acquisition and paragraph (a) is completed as follows: 52.212-2 EVALUATION - COMMERCIAL ITEMS (JAN 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Factor 1. Language Skills Sub-factor 1 – Proficiency in the Target Language (Russian) Sub-factor 2 – Working Knowledge of English Factor 2. Education Factor 3. Experience Sub-factor 1 – Teaching Experience Sub-factor 2 – Experience Developing Instructional and Test Materials Sub-factor 3 – Life and Work Experience in the Target Language Country Factor 4. Past Performance Factor 5. Price (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (d) Evaluation Approach. All quotes submitted in response to the solicitation will be evaluated by the Technical Evaluation Board (TEB). An overall assessment of the merit of each quote will be derived from the evaluation of the quote as it relates to each factor in the solicitation. A narrative explanation will be provided to support the adjectival ratings and risk assessments (as appropriate) for the Language Skills, Education, Experience, Past Performance, and Price factors. Results of the evaluation and award decision will be documented in accordance with the requirements of the TEP. Factor 1, Language Skills. (Acceptable/Unacceptable) Sub-Factor 1. Target Language (TL) Proficiency (Russian) (Acceptable/Unacceptable) Submission Requirements: The quoter shall demonstrate the proposed instructor’s TL proficiency with the ability to listen, speak, read, and write at a level consistent with that of an educated native speaker. Documentation of TL proficiency shall consist of evidence that the proposed instructor is a native speaker, or, the proposed instructor obtained TL proficiency through formal education (courses completed at an institution of higher learning taught in the TL), or TL proficiency certification, or has used the TL in a work environment where the TL was the primary means of communication. Evaluation Methodology: If the Government receives evidence that the proposed instructor is a native speaker of the TL, or, the proposed instructor obtained TL proficiency through formal education (courses completed at an institution of higher learning taught in the TL), or TL proficiency certification, or has used the TL in a work environment where the TL was the primary means of communication, the proposed instructor shall receive an Acceptable rating under this sub-factor. Only those quotes that meet these requirements will be evaluated further Sub-Factor 2. Working Knowledge of English. Acceptable/Unacceptable Submission Requirements: The quoter shall demonstrate the proposed instructor’s working knowledge of English. English language skills must be sufficient to fulfill the teaching requirements of this contract. The quoter shall provide evidence of the proposed instructor’s proficiency of English, either as a native speaker, through formal education (courses completed at an institution of higher learning taught in English and requiring participation in English, e.g. term papers), or English language proficiency certification, or has used English in a work environment where English was the primary means of communication. Evaluation Methodology: If the Government receives evidence that the proposed instructor’s English language skills are sufficient to fulfill the teaching requirements of the contract, the proposed instructor shall receive an Acceptable rating under this sub-factor. Evidence shall consist of proof that the proposed instructor is either as native speaker, or he/she has obtained English language proficiency through formal education (courses completed at an institution of higher learning taught in English and requiring participation in English, e.g. term papers), or English language proficiency certification, or has used English in a work environment where English was the primary means of communication. Only those quotes that meet these requirements will be evaluated further Factor 2. Education. Submission Requirements: The quoter shall demonstrate the proposed instructor’s educational qualifications by providing documents such as transcripts and diplomas of all courses taken by the proposed instructor at institutions of higher learning. Evaluation Methodology: The Government will evaluate the level and relevancy of the proposed instructor’s educational qualifications. Examples of desired teaching credentials include an M.A. or higher in teaching the Target Language (TL) to foreigners, (Foreign Language Education), an M.A. or higher in teaching English as a Foreign Language (EFL/ESL), an M.A. in Linguistics/Philology of the TL Country, or an M.A. in History / Literature / Anthropology / Education (related to the TL country)/Educational Psychology/International Relations. For purposes of evaluation, “TL Country” is a country where the TL is the primary means of communication among the educated and commercial elite and/or the majority of the population. Factor 3. Experience. Sub-Factor 1. Teaching Experience. Submission Requirements: The quoter shall provide a narrative of the proposed instructor’s experience teaching the target language including subjects taught, number of years taught, target audience (e.g., high school, secondary school students, university students, business people, etc.), and number of contact hours during the past six years. A “contact hour” is an instructional period lasting at least 50 minutes. Evaluation Methodology: The Government will evaluate the depth, recency, and relevancy of the proposed instructor’s experience as compared to the services required by this solicitation. Relevant experience includes contracts operating in similar working environments and contracts involving services that are considered to be similar in scope, magnitude, and complexity when compared to the requirements described in this solicitation (e.g., teaching the Target Language at a U.S. Government institution in a formal setting to multinational adult learners for extended periods of time/contact hours). Sub-Factor 2. Development of Instructional or Test Material. Submission Requirements: The quoter shall provide a description of any instructional or test materials the proposed instructor developed, and for each indicate if it was published, not published but shared by peers (e.g. 15 lessons for 20 instructional periods, shared with 3 colleagues), or for personal use only (e.g. exercises to supplement commercial text). “Instructional materials” do not refer to articles/books about the language, but actual lessons. Instructional materials also do not refer to lesson plans, but actual lessons and exercises developed. If publications are identified, the quoters must include the title, publisher’s name and date. Evaluation Methodology: The Government will evaluate the extent to which the proposed instructor has developed instructional or test materials that are relevant to the target language requirement. Sub-Factor 3. Life and Work Experience in the Target Language Country. Submission Requirements: The quoter shall clearly and fully indicate the number of years the proposed instructor spent as an adult (after age 18) in the TL countries (provide dates) and what he/she did during that time (e.g. university studies, teaching, worked for a publishing company, etc.). Evaluation Methodology: The Government will evaluate the extent of life and work experience the proposed instructor spent as an adult (after age 18) in the TL country. The Government desires the proposed instructor to have a minimum of 2 years of life and work experience in the TL country as an adult. For purposes of evaluation, “TL Country” is a country where the TL is the primary means of communication among the educated and commercial elite and/or the majority of the population. Factor 4. Past Performance. Submission Requirements: The quoter shall provide past performance information for the proposed instructor (e.g. letters of recommendation, copies of student/supervisor feedback, performance evaluations) indicating the quality of teaching the target language during the past three years. Past performance information shall cover a minimum of 1 year in teaching the target language. The quoter shall provide at least one reference for any project identified under the experience factor that has a performance period within the past three years. The quoter shall complete the name of the proposed instructor and immediately forward the Past Performance Questionnaire (Attachment 0002 to the RFQ) for completion by references for projects cited under the experience factor. Quoters shall request their references to return the past performance questionnaire to the George C. Marshall Center Contracting Division as soon as possible so that the Government receives as many references as possible on or before the due date for the receipt of quotes. For each reference, the quoter shall use the past performance questionnaire included in the RFQ and provide: 1. Organization/company/contracting partner’s name; 2. Point of contact’s name and contact information, including current phone numbers and valid email addresses; and 3. Description of project that precisely explains the general scope of the contract, the specific requirements performed by the proposed language instructor, and the period of performance. The Government reserves the right to obtain the information to be used in Past Performance evaluation from any and all sources including those outside the Government. Evaluation Methodology: The Government will evaluate the recency, relevancy, source of the information, context of the data, and general trends in the proposed instructor’s past performance. Recent/current performance is performance under contracts that are: (a) contracts which have been completed within the last 3 years from the date of issuance of the solicitation, or (b) contracts that are currently being performed (with performance record of at least one year from the date of issuance of this solicitation). Past performance information that is found to be neither current nor recent will not be evaluated. Relevant past performance under this requirement is defined as performance under contracts operating in similar working environments and contracts involving services that are considered to be similar in scope, magnitude and complexity when compared to the requirements described in this solicitation. This evaluation is separate and distinct from the Contracting Officer’s responsibility determination. The assessment of the proposed instructor’s past performance will be used to evaluate how well he/she has performed similar services in the past. Proposed instructors lacking relevant past performance history will not be evaluated favorably or unfavorably for past performance. Factor 5. Price. Submission Requirements: The Offeror shall provide firm fixed unit and total prices for all items, including options, listed in the Price Schedule referenced in the announcement. All prices shall indicate the currency type. Evaluation Methodology: All prices, including options, will be evaluated for reasonableness and in accordance with FAR 52.225-17, Evaluation of Foreign Currency Offers (FEB 2000) and FAR 52.217-5, as applicable. SELECTION DECISION. This acquisition will use trade-off analysis to make a best value selection decision. As such, the Government may award a contract to a contractor who has not proposed the lowest price or the highest rated technical submission. Quotes will be evaluated based on the stated evaluation factors. Factor 1, Language Skills is a Pass/Fail factor. Factor 2, Education, Factor 3, Teaching Experience, and Factor 4, Past Performance will be evaluated and assigned adjectival ratings. Price will be evaluated for price reasonableness. All technical factors and Past Performance are of equal importance. Technical factors and Past Performance, when combined, are significantly more important than Price. The clause at 52.212-4, Contract Terms and Conditions -Commercial Items applies to this acquisition and is incorporated by reference. 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 52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions SEP 2007 52.203-12 Limitation On Payments To Influence Certain Federal Transactions OCT 2010 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards JUL 2013 52.204-19 Incorporation by Reference of Representations and Certifications. DEC 2014 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment AUG 2013 52.212-1 Instructions to Offerors--Commercial Items APR 2014 52.212-5 Alt II (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Order -- Commercial Items (Deviation 2013-O0019) Alternate II JUL 2015 52.222-50 Combating Trafficking in Persons MAR 2015 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving AUG 2011 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 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications. DEC 2012 52.232-18 Availability Of Funds APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award Management JUL 2013 52.232-36 Payment by Third Party MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7012 Safeguarding of Unclassified Controlled Technical Information NOV 2013 252.209-7002 Disclosure Of Ownership Or Control By A Foreign Government JUN 2010 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism DEC 2014 252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.225-7042 Authorization to Perform APR 2003 252.227-7020 Rights In Special Works JUN 1995 252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997 252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.233-7001 Choice of Law (Overseas) JUN 1997 252.243-7002 Requests for Equitable Adjustment DEC 2012 CLAUSES INCORPORATED BY FULL TEXT 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: Language Skills is a Pass/Fail factor. Formal Education, Teaching Experience, and Past Performance will be evaluated and assigned adjectival ratings. Price will be evaluated for price reasonableness. All technical factors and Past Performance are of equal importance. Technical factors and Past Performance, when combined, are significantly more important than Price. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision) 52.217-5 EVALUATION OF OPTIONS (JUL 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). (End of provision) 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor prior to the expiration of the contract. (End of clause) 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor prior to the expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 42 months. (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 http://www.xe.com in effect as follows: (a) For acquisitions conducted using sealed bidding procedures, on the date of bid opening. (b) For acquisitions conducted using negotiation procedures-- (1) On the date specified for receipt of offers, if award is based on initial offers; otherwise (2) On the date specified for receipt of proposal revisions. (End of provision) 52.233-2 SERVICE OF PROTEST (SEP 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from GCMC Contracting Division ATTN: Rima Zimmermann Gernackerstrasse 2 82467 Garmisch - Partenkirchen, Germany (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of provision) 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.hil (End of clause) 252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991) ( a) "Definition. Contracting officer's representative" means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions. (b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract. (End of clause) CLAUSES INCORPORATED BY FULL TEXT 252.225-7041 CORRESPONDENCE IN ENGLISH (JUNE 1997) The Contractor shall ensure that all contract correspondence that is addressed to the United States Government is submitted in English or with an English translation. (End of clause) 252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES (JUN 2015) (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 PGI 225.372-1 (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: Mehrwertsteuer RATE (PERCENTAGE): 19% (b) The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged. (c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract. (End of clause) 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUNE 2012) (a) Definitions. As used in this clause– (1) Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal Acquisition Regulation. (2) Electronic form means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer. (3) Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract. (4) Receiving report means the data required by the clause at 252.246-7000, Material Inspection and Receiving Report. (b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/. (c) The Contractor may submit a payment request and receiving report using other than WAWF only when– (1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer's determination with each request for payment; (2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System); (3) DoD makes payment for rendered health care servicesusing the TRICARE Encounter Data System (TEDS) as the electronic format; or (4) When the Governmentwide commercial purchase card is used as the method of payment, only submission of the receiving report in electronic form is required. (d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract. (e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payments requests. (End of clause) 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) (a) 26 U.S.C. 6331(h) authorizes the Internal Revenue Service (IRS) to continuously levy up to 100 percent of contract payments, up to the amount of tax debt. (b) When a levy is imposed on a payment under this contract and the Contractor believes that the levy may result in an inability to perform the contract, the Contractor shall promptly notify the Procuring Contracting Officer in writing, with a copy to the Administrative Contracting Officer, and shall provide-- (1) The total dollar amount of the levy; (2) A statement that the Contractor believes that the levy may result in an inability to perform the contract, including rationale and adequate supporting documentation; and (3) Advice as to whether the inability to perform may adversely affect national security, including rationale and adequate supporting documentation. (c) DoD shall promptly review the Contractor's assessment, and the Procuring Contracting Officer shall provide a written notification to the Contractor including-- (1) A statement as to whether DoD agrees that the levy may result in an inability to perform the contract; and (2)(i) If the levy may result in an inability to perform the contract and the lack of performance will adversely affect national security, the total amount of the monies collected that should be returned to the Contractor; or (ii) If the levy may result in an inability to perform the contract but will not impact national security, a recommendation that the Contractor promptly notify the IRS to attempt to resolve the tax situation. (d) Any DoD determination under this clause is not subject to appeal under the Contract Disputes Act. (End of clause) 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 204-4000 U.S. AND HOST NATION HOLIDAYS (March 2005) US Holidays Work Shall Not be performed on U.S. holidays occurring during the normal workweek unless otherwise directed by the contracting officer. When a U.S holiday occurs on a Saturday or a Sunday, the holiday is observed on the preceding Friday or following Monday, respectively. Host Nation Holidays Work Can be performed on local Host Nation* holidays occurring during the normal workweek unless otherwise directed by the contracting officer. * Local host nation holidays occur in the region/state where contract performance takes place. The U.S. holidays are : The Netherlands holidays are: New Year's Day January 1 st New Year’s Day 01 January M L King Memorial Day 3d Monday in January Good Friday Varies yearly Presidents' Day 3d Monday in February Easter Monday Varies yearly Memorial Day last Monday in May The Queen’s Birthday 30 April Independence Day July 4th Labor Day 1st Monday in September Ascension Day Varies yearly Columbus Day 2d Monday in October Whit-Monday Varies yearly Veterans' Day November 11th Christmas Day 25 December Thanksgiving Day 4th Thursday in November Boxing Day 26 December Christmas Day December 25th The Belgium holidays are: Luxembourg holidays are: New Year’s Day 01 January New Year’s Day 01 January Easter Monday varies yearly Carnival Monday varies yearly Labor Day 01 May Easter Monday varies yearly Ascension Day varies yearly May Holiday 01 May Bank Holiday varies yearly Ascension Day varies yearly Whit-Monday varies yearly Whit-Monday varies yearly National Independence Day 21 July National Holiday 23 June Assumption 15 August Assumption 01 November All Saints Day 01 November All Souls’ Day 02 November Armistice Day 11 November Christmas Day 25 December Dynasty Day varies yearly Christmas Day 26 December Christmas Day 25 December Boxing Day 26 December The German national and local holidays are : New Years Day 01 January Three King's Day (Only in Baden Wurttemberg and Bavaria) 06 January Good Friday Varies Easter Monday Varies Labor Day 01 May Ascension Day Varies Whit Monday Varies Corpus Christi (Only in Baden-Wurttemberg, Bavaria, Hessen, Varies Nordrhein- Westphalia,Rhineland-Palatinate and Saarland) Assumption Day (Only in Saarland and Roman Catholic 15 August areas of Bavaria) Day of German Unity 03 October All Saints' Day (Only in Baden-Wuerttemberg, Bavaria, 01 November North Rhine-Westphalia, Rhineland-Palatinate and Saarland) 1st Christmas 25 December 2nd Christmas Day 26 December CCE 225-4000 AUTHORIZATION TO PERFORM SERVICES IN GERMANY (March 2005) Contractors performing services in the Federal Republic of Germany (FRG) shall comply with German law. The Contractor shall determine whether performance requires registration with German authorities or authorization to do business in Germany and, if so, shall comply with all requirements. Whether or not registration or authorization to do business is required, the Contractor also shall determine what documents or authorization its employees and any subcontractor employees must possess to work in Germany. The Contractor shall ensure affirmatively that its employees and subcontractor employees possess such documents or authorizations. Contractor employees who: (a) are not nationals of Germany or other European Union countries, and (b) are not members of the force, the civilian component or their dependents, and (c) do not have assimilated status under Articles 71, 72, or 73 of the Supplementary Agreement to the NATO SOFA shall possess work and residence permits. By acceptance of and performance under this contract and any task orders or delivery orders issued hereunder, the Contractor affirms that it has complied with the requirements above. Compliance with this clause and German law is a material contract requirement. Noncompliance by the Contractor or Subcontractor at any tier shall be grounds for issuing a negative past performance evaluation and terminating this contract, task order, or delivery order for default. CCE 225-4001 INSTALLATION CLEARANCE REQUIREMENTS (March 2005) (a) Access to U.S. installations and controlled areas is limited to personnel who meet security criteria and are authorized by Host Nation law to work in that country. Failure to submit required information/data and obtain required documentation or clearances in accordance with AE Regulation 190-16, Installation Access Control, will be grounds for denying access to U.S. installations and controlled areas. The Contractor is responsible to ensure that any Subcontractor used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any Subcontractor utilized by the contractor, are made aware of and comply with these requirements. (b) The Contractor is responsible for being aware of and complying with the requirements associated with Installation Access Control. The Government is not liable for any costs associated with performance delays due solely to a firm’s failure to comply with Installation Access Control (IAC) processing requirements. (c) The Contractor is responsible for returning installation passes to the issuing Installation Access Control Office (IACO) when the contract is completed or when a contractor employee no longer requires access. (d) AE 190-16 (and AE 190-16-G German translation) can be found on the following website: http://www.hq.usacce.army.mil/ (e) Below is the responsible Organizational Sponsor & Installation Access Control Office for this contract: Organizational Sponsor: TBD Location: Gernackerstr.2, 82467 Garmisch-Partenkirchen Building No: 101 DSN Phone No: TBD Commercial Phone No: TBD Installation Access Control Office: IACS Location: Breitenauerstr. 16 Building No: 203 DSN Phone No: 4403-558 Commercial Phone No: 08821-750 3 558 CCE 232-4001 FOREIGN VENDORS REQUESTING PAYMENT VIA ELECTRONIC FUNDS TRANSFER (March 2005) Foreign vendors requesting payment via Electronic Funds Transfer (EFT) shall provide the following information on their invoice at time of invoice submission. Only one EFT instruction per invoice is authorized. - SWIFT CODE - BLZ or BANK ROUTING NUMBER - ACCOUNT NUMBER - BANK NAME - International Bank Account Number (IBAN)(if applicable): ___________________________ CCE 237-4000 CONTRACTOR IDENTIFICATION REQUIREMENT (March 2005) All contractor personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious are required to identify themselves as such to avoid being mistaken for Government officials. Contractors performing work at Government workplaces will provide their employees with an easily readable identification (ID) badge indicating the employee’s name, the contractor’s name, the functional area of assignment, and a recent color photograph of the employee. Contractors shall require their employees wear the ID badges visibly when performing work at Government workplaces. Contractor personnel must also ensure that all e-mails, documents or reports they produce are suitably marked as contractor products or that contractor participation is appropriately disclosed. CLOSING RESPONSE DATE AND SUBMISSION SUMMARY. In order to be considered for award, offerors shall submit the required documentation in response to this announcement as follows: 1. Offers must be submitted via email no later than 9:00am EST, on the closing date to James Miller at james.f.miller1@marshallcenter.org and Jacqueline Garrido at jacqueline.garrido@marshallcenter.org. 2. Furnish Representation and Certifications: The Offeror must either (1) complete the applicable Representation and Certifications through Online Representations and Certifications Application (ORCA) at https://orca.bpn.gov or (2) a provide a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (ALT I), DFARS 252.212-7000, Offeror Representations and Certifications--Commercial Items, and FAR 52.209-5, Certification Regarding Responsibility Matters, and DFARS 252.209-7999 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law and submit with the proposal. 3. Factor 1, Factor 2, Factor 3 and Factor 4: Submit documentation as requested. 4. Factor 5: Submit Firm-Fixed Price information for CLINs 0001, 1001 and 2001 as listed in Factor 5 above. Further details regarding the requirement can be found in the attachments to this notice. Attachment 0001 - Performance Work Statement Attachment 0002 - Past Performance Questionnaire Exhibit 2.1 – FY16 PLTCE Course Schedule Exhibit 2.2 – Class Observation Form Exhibit 2.3 – Student Opinion Questionnaire
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- Address: Gernackerstr 2. Garmisch-Partenkirchen, GERMANY, Germany
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