Description
1 EACH DRYER,30 KG, MIELE T 6751, BRAND NAME OR EQUALINSTALLATION OF DRYER AT SPANGDAHLEM AIR BASE GERMANY, FITNESS CENTER 1 EACH WASHER, 14 KG, MIELE WS 5140, BRAND NAME OR EQUAL INSTALLATION OF WASHER AT SPANGDAHLEM AIR BASE GERMANY, FITNESS CENTER ** THIS PROJECT WILL BE PERFORMED IN ITS ENTIRETY IN THE COUNTRY OF GERMANY, THEREFORE THE SOLICITATION IS INTENDED ONLY FOR LOCAL SOURCES IN ACCORDANCE WITH FEDERAL ACQUISITION REGULATION 5.202(a)(12). LOCAL SOURCES ARE THOSE SOURCES NORMALLY RESIDENT, LICENSED, AND REGISTRED TO CONDUCT BUSINESS IN GERMANY. OFFERORS FROM NON-LOCAL SOURCES WILL NOT BE CONSIDERED UNDER THIS SOLICITATION. ** THIS COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN SUBPART 12.6, AS SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT CONSITTUTES THE ONLY SOLICITATION, PROPOSALS ARE BEING REQUESTED AND A WRITTEN SOLICITATION WILL NOT ISSUED ** NOTE: ALL OR EQUAL ITEMS QUOTED MUST HAVE A COMPLETE ITEM DESCRIPTION IN ENGLISH AND MUST BE SUPPORTED WITH CATALOGS/BROCHURES. ** OFFER DUE DATE: 23 SEPTEMBER 2004 12:00 CET **************************************************************** 52.211-6 BRAND NAME OR EQUAL (AUG 1999) ** ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS In addition to FAR 52.212-4(b), entitled Assignment, the following is hereby added: 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. In addition to FAR 52.212-4(k), entitled Taxes, the following is hereby added: 252.229-7001 TAX RELIEF (JUNE 1997) - ALTERNATE I JUN 1997 (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): 16% (b) The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged. (c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract. (d) Tax relief will be claimed in Germany pursuant to the provisions of the Agreement Between the United States of America and Germany Concerning Tax Relief to be Accorded by Germany to United States Expenditures in the Interest of Common Defense. The Contractor shall use Abwicklungsschein fuer abgabenbeguenstigte Lieferungen/Leistungen nach dem Offshore Steuerabkommen (Performance Certificate for Tax-Free Deliveries/Performance according to the Offshore Tax Relief Agreement) or other documentary evidence acceptable to the German tax authorities. All purchases made and paid for on a tax-free basis during a 30-day period may be accumulated, totaled, and reported as tax-free. (End of clause). In addition to FAR 52.212-4(q), entitled Other compliances, the following is hereby added: 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. (End of clause) 52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND FEB 2000 TRANSLATION OF CONTRACT In the event of inconsistency between any terms of this contract and any translation into another language, the English language meaning shall control. (End of clause) 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) 252.225-7042 AUTHORIZATION TO PERFORM APR 2003 The offeror represents that it has been duly authorized to operate and to do business in the country or countries in which this contract is to be performed. (End of provision) 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 hearing and determination of any and all disputes that may arise under the Disputes clause of this contract. (End of clause) 5352.204-9100 COMMUNICATION SECURITY REVIEW JUL 1984 (U) All communications with Department of Defense (DoD) organizations are subject to communication security (COMSEC) review. Contractor personnel are advised that telecommunication networks are continually subject to intercept by unfriendly intelligence organizations. The United States Air Force (USAF) is authorized to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, USAF organizations. Therefore, civilian contractor personnel are advised that any time they place a call to, or receive a call from, any USAF organization, they are subject to COMSEC procedures. The contractor will assume the responsibility for ensuring wide and frequent dissemination of the above information to all employees dealing with official information. (End of clause) 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS JAN 2004 (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 one of the electronic forms provided for in paragraph (b) of this clause. (3) "Payment request" means any request for contract financing payment or invoice payment submitted by the Contractor under this contract. (b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests using one of the following electronic forms: (1) Wide Area WorkFlow-Receipt and Acceptance (WAWF-RA). Information regarding WAWF-RA is available on the Internet at https://wawf.eb.mil . (2) Web Invoicing System (WInS). Information regarding WInS is available on the Internet at . (3) American National Standards Institute (ANSI) X.12 electronic data interchange (EDI) formats. (i) Information regarding EDI formats is available on the Internet at . (ii) EDI implementation guides are available on the Internet at . (4) Another electronic form authorized by the Contracting Officer. (c) If the Contractor is unable to submit a payment request in electronic form, or DoD is unable to receive a payment request in electronic form, the Contractor shall submit the payment request using a method mutually agreed to by the Contractor, the Contracting Officer, the contract administration office, and the payment office. (d) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests. (End of clause) CLAUSES INCORPORATED BY REFERENCE 52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER-- OTHER THAN CENTRAL CONTRACTOR REGISTRATION. MAY 1999 5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS JUN 2002 5352.242-9100 INSTALLATION PASSES APR 2002 CLAUSES INCORPORATED BY FULL TEXT 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: http://farsite.hill.af.mil FAR 52.212-5 CONTRACT TERMS AND CONDITI0NS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS APR 2004 (DEVIATION) (a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to the 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 form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (b) The Contractor is not required to include any FAR clause, other than those listed below (and as may be required by an addenda to this paragraph to establish the reasonableness of prices under Part 15), in a subcontract for commercial items or commercial components- (i) 52.219-8, Utilization of Small Business Concerns (Oct 2000)(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 $500,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (ii) 52.222-26, Equal Opportunity (Apr 2002)(E.O. 11246). (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001)(38 U.S.C. 4212). (iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998)(29 U.S.C. 793). (v) 52.222-41, Service Contract Act of 1965, as Amended (May 1989), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.) (vi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Apr 2003)(46 U.S.C. Appx 1241 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64, (c) 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. 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS JUN 2004 (a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components. _____ 52.203-3 Gratuities (APR 1984) (10 U.S.C. 2207) (b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components. _____ 252.205-7000 Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C. 2416). _____ 252.219-7003 Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan (DoD Contracts) (APR 1996) (15 U.S.C. 637). _____ 252.219-7004 Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan (Test Program) (JUN 1997) (15 U.S.C. 637 note). _____ 252.225-7001 Buy American Act and Balance of Payments Program (APR 2003) (41 U.S.C. 10a-10d, E.O. 10582). _____ 252.225-7012 Preference for Certain Domestic Commodities (JUN 2004) (10 U.S.C. 2533a). _____ 252.225-7014 Preference for Domestic Specialty Metals (APR 2003) (10 U.S.C. 2533a). _____ 252.225-7015 Restriction on Acquisition of Hand or Measuring Tools (APR 2003) (10 U.S.C. 2533a). _____ 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings (MAY 2004) (___ Alternate I) (APR 2003) (10 U.S.C. 2534 and Section 8099 of Pub. L. 104-61 and similar sections in subsequent DoD appropriations acts). _____ 252.225-7021 Trade Agreements (JAN 2004) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note). _____ 252.225-7027 Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C. 2779). _____ 252.225-7028 Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C. 2755). _____ 252.225-7036 Buy American Act--Free Trade Agreements--Balance of Payments Program (JAN 2004) (___ Alternate I) (JAN 2004) (41 U.S.C. 10a-10d and 19 U.S.C. 3301 note). _____ 252.225-7038 Restriction on Acquisition of Air Circuit Breakers (APR 2003) (10 U.S.C. 2534(a)(3)) _____ 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (OCT 2003) (Section 8021 of Pub. L. 107-248). _____ 252.227-7015 Technical Data--Commercial Items (NOV 1995) (10 U.S.C. 2320). _____ 252.227-7037 Validation of Restrictive Markings on Technical Data (SEP 1999) (10 U.S.C. 2321). _____ 252.232-7003 Electronic Submission of Payment Requests (JAN 2004) (10 U.S.C. 2227). _____ 252.243-7002 Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410). _____ 252.247-7023 Transportation of Supplies by Sea (MAY 2002) (____Alternate I) (MAR 2000) (____Alternate II) (MAR 2000) (____Alternate III) (MAY 2002) (10 U.S.C. 2631). _____ 252.247-7024 Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631). (c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract: 252.225-7014 Preference for Domestic Specialty Metals, Alternate I (APR 2003) (10 U.S.C. 2533a). 252.247-7023 Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631). 252.247-7024 Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631). (End of clause)