draft beb rfp - TACOM Procurement Network - U.S. Army

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CONTINUATION SHEET Name of Offeror or Contractor: SECTION H - SPECIAL CONTRACT REQUIREMENTS Reference No. of Document Being Continued Page 124 of 170 PIIN/SIIN W56HZV-12-R-0445 MOD/AMD Regulatory _______________ Cite ______________________________________________________________________ Title ____________ Date H-1 252.222-7006 RESTRICTIONS ON THE USE OF MANDATORY ARBITRATION AGREEMENTS DEC/2010 H-2 52.204-4005 REQUIRED USE OF ELECTRONIC CONTRACTING AUG/2012 (a) All contract awards, modifications and delivery orders issued by Army Contracting Command - Warren (DTA) will be issued electronically. The contractor has the option to receive these actions either via the Worldwide Web (WWW) or Electronic Data Interchange (EDI). Many provisions/clauses that appear "by reference," meaning only clause titles and regulation site are listed; their full texts can be found at the website http://farsite.hill.af.mil/ (b) In order to be eligible to receive an award under this solicitation, the successful offeror must be registered with the Department of Defense (DOD) System for Award Management (SAM). The SAM registration process may be done electronically at the World Wide Web (WWW) site: https://www.sam.gov/portal/public/SAM. (In order to be registered to use EDI, you must use the long form for registration. Certification information, including information on the EDI 838 TPP, must be furnished to the Contracting Officer within 60 calendar days after contract award to complete networking requirements within the Government.) (c) Worldwide Web Distribution. The contractor will receive an electronic Notice of the Award, Modification, or Delivery Order via e-mail. If you choose the WWW option, you must download the file from the appropriate Army Contracting Command - Warren webpage: Warren: http://contracting.tacom.army.mil/CFDATA/AWARDS/AWARD_RPT01.cfm Rock Island - JMTC: https://acquisition.army.mil/asfi/ Red River Army Depot: https://acquisition.army.mil/asfi/ Anniston Army Depot: https://acquisition.army.mil/asfi/ (d) Electronic Data Interchange. If you choose to receive contract awards, modifications and delivery orders through EDI, they will be delivered electronically via the Federal Acquisition Network (FACNET). Federal Standard Version 3050 of Standard X12 from the American National Standards Institute (ANSI) will be used as the format for these electronic transactions. (1) You must complete the EDI 838 Trading Partner Profile, and must agree (i) to subcontract with a DoD certified VAN or Value Added Service (VAS) provider, or (ii) to become DoD certified as a Value Added Network (VAN). The EDI 838 Training Partner Profile is contained in the basic SAM registration form and includes portions of the registration form which are titled "Optional". (2) You must select a VAN from the official DoD approved list. DoD Certified VANs are listed at http://www.acq.osd.mil/dpap/ebiz/VANs.htm . If your VAN is later removed from the official list, or if you voluntarily drop your initially selected VAN, then you must switch to a VAN that remains on the official DoD approved list. You must maintain an active account on a DoD approved VAN for the entire duration of the contract, beginning no later than the 60th day after award. (e) Unless otherwise specified elsewhere in the contract, all data items you are required to provide under this contract must be submitted electronically. Please go to the following webpage for detailed information about submitting your offer electronically: http://contracting.tacom.army.mil/acqinfo/ebidnotice.htm (f) Additional information can be obtained by sending a message to: usarmy.detroit.acc.mbx.wrn-web-page@mail.mil or by calling (586) 282-7059. H.1 The BEBs provided under this contract shall be built and refurbished in the United States, in accordance with 10 U.S.C. 7309. H.2 ORGANIZATIONAL CONFLICT OF INTEREST (OCI) DRAFT H.2.1 The contractor and its subcontractors, consultants, parents, subsidiaries, joint ventures, or other business affiliates of any tier may be excluded from performing under this BEB contract if the PCO finds an organizational conflict of interest due to bias or unfair competitive advantage. A similar provision is expected to apply to follow-on BEB RFPs and contracts. Exceptions may be granted by modification to the contract for relationships where the Government agrees that either 1) the potential for bias or unfair competitive advantage is essentially non-existent, 2) a means of controlling the relationship to effectively neutralize the potential conflict can be reached, or 3) there is no way to perform the Governments requirements without such potential. This restriction begins on the date of award of this contract or any subcontract or other relationship hereunder and expires on the completion of the contract/subcontract. H.2.2 The contractor shall flow down this provision in any subcontracts or other related instruments (of all tiers). The contractor shall monitor activities of itself and subcontractors and related entities, and promptly disclose any actual or potential OCI and any
CONTINUATION SHEET Name of Offeror or Contractor: actions taken or proposed to negate or mitigate such conflicts. H.2.3 Remedies Reference No. of Document Being Continued Page 125 of 170 PIIN/SIIN W56HZV-12-R-0445 MOD/AMD For breach of any of the above restrictions or for nondisclosure or misrepresentation of any relevant facts required to be disclosed concerning this contract, the Government may terminate the contract for default, disqualify the contractor for subsequent related contractual efforts and pursue such other remedies as may be permitted by law or this contract. H.3 FOREIGN ACCESS TO TECHNOLOGY (a) Definitions (1) "Foreign Firm or Institution" means a firm or institution organized or existing under the laws of a country other than the United States, its territories, or possessions. The term includes, for purposes of this Contract, any agency or instrumentality of a foreign government; and firms, institutions or business organizations that are owned or substantially controlled by foreign governments, firms, institutions, or individuals. (2) "Foreign Person" means any natural person who (i) is not a lawful permanent resident of the United States, or of its territories or possessions, as defined by 8 U.S.C. 1101(a)(20) or who (ii) is not a protected individual as defined by 8 U.S.C. 1324b(a)(3). It also means any foreign corporation, business association, partnership, trust, society or any other entity or group that is not incorporated or organized to do business in the United States, as well as international organizations, foreign governments and any agency or subdivision of foreign governments (e.g., diplomatic missions). (b) Export Compliance (1) Contractors shall comply with all U.S. export control laws and regulations, including the International Traffic in Arms Regulations (ITAR), 22 CFR Parts 120 through 130, and the Export Administration Regulations (EAR), 15 CFR Parts 730 through 799, in the performance of this Contract. (2) Pursuant to ITAR paragraph 125.4(b)(1), contractors may disclose classified and unclassified export-controlled technical data to foreign persons when the following conditions apply: A. DASA DE&C provides written direction to the contractor to disclose ITAR-controlled technical data to a Foreign Person. The PM may request the contractor to provide copies of the data/information that will be disclosed to the Foreign Person as part of the affirmation process with DASA DE&C. (3) All technical data that is exported under ITAR Section 125.4(b)(3) must be reviewed and approved by the US Army in accordance with approved disclosure guidelines for BEB. (4) Before authorizing CUI disclosures, the PM Disclosure Authority shall ensure that the contract or agreement contains the requisite access, use, and distribution clauses required before disclosing CUI with another government, international organization, or foreign contractor (pursuant to SAAL-RP memo, 27 May 2000, Subject: Authority to Disclose Technical Controlled Unclassified Information (CUI)). (c) Lower Tier Contracts/Subcontracts The contractor shall include the above provision, suitably modified to identify the parties, in all subcontracts hereunder. H.4 FIRST DESTINATION TRANSPORTATION ZONES FOR TRAINING AND FSR DRAFT For the purpose of Offerors compiling offers, the final destination for the hardware supplies will be one or more of the following destinations; in the following estimated percentages, if listed: Zone 01: Washington, Oregon, Idaho Zone 02: California, Nevada Zone 03: Montana, Wyoming, North Dakota, South Dakota, Nebraska Zone 04: Utah, Arizona, Colorado, New Mexico Zone 05: Minnesota, Wisconsin, Iowa, Michigan Zone 06: Kansas, Oklahoma, Missouri, Arkansas Zone 07: Texas, Louisiana Zone 08: Illinois, Indiana, Ohio, Kentucky Zone 09: Tennessee, Mississippi, Alabama Zone 10: Maine, New Hampshire, Vermont, Rhode Island, New York, Massachusetts, Connecticut Zone 11: Pennsylvania, New Jersey, Delaware, Virginia, District of Columbia, Maryland, West Virginia Zone 12: North Carolina, South Carolina, Georgia, Florida
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draft beb rfp - TACOM Procurement Network - U.S. Army

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