Network and Cabling Project Amendment 6
Section SF 1449 - CONTINUATION SHEET SITE VISIT A preproposal conference and site visit will be held at Blount Island Command, Jacksonville, Florida on Friday, 13 September, 2019 at 9:00 AM EST. Contractors are to assemble outside Building 100 at least 15 minutes prior to the start of the site-visit, where a Government representative will be available to escort participants to the appropriate locations. All interested vendors are required to submit: (1) Contractors planning to attend the site visit must submit a request to attend the site visit, including the name of the Company and names of individual's attending, even if base access is not required. This is in order to ensure there are reasonable accommodations for all during the site visit. Visit request must be submitted via e-mail to duane.chase@usmc.mil and Brittany.Jackson.Ctr@usmc.mil with copies to stanley.sanders@usmc.mil and charles.stichberry@usmc.mil by 09:00 AM EST on Friday, 13 September, 2019. (2) Requests from non-U.S. citizens must be identified and submitted as soon as possible in order to process installation access requests. E-mail POC above for additional information. (3) (3) Although a security clearance is not required for the site visit, all contractor representatives will be required to furnish a valid driver's license or other generally acceptable form of picture identification for issuance of a visitors pass allowing for entrance to the facility. All vehicles entering the installation must have a valid registration and insurance documentation or current rental agreement. Substitution of personnel is not allowed. (4) Additional information regarding access the BICmd is available by phone at 904-636- 3806/3809. Failure to submit proper visit request may result in denial of access to the facility. Additional site visits will not be scheduled as a result of such failure. The Marine Corps Support Facility Blount Island main gate is located off Heckscher Drive to the immediate left just after crossing the causeway that accesses Blount Island. MCSF-BI occupies the eastern half of Blount Island and is collocated with the Jacksonville Port Authority (JaxPort) who owns the western half of the Island. Visitors are required to check-in at the visitor's center adjacent to the Main Gate then proceed to building 100. Directions from the main gate to Building 100 are available at upon request at the visitor's center. Participants should allow at least one hour for check-in at the main gate and travel to the Blount Island location. Site visit will begin promptly at XL. Participants arriving late will NOT be included in the Site Visit. The purpose of the site visit is to allow contractors the opportunity to inspect the sites where the services will be performed in order to better relate to the requirements and assist in proposal preparation. The site visit, in conjunction with the work requirements identified in the RFQ, should provide contractors a detailed understanding of the requirement. The sire visit is not intended to be and will NOT be an open forum for questions. Contractors must submit questions via email to Brittany.Jackson.Ctr@usmc.mil stanley.sanders@usmc.mil and charles.stitchberry@usmc.mil no later than 12:00 PM on Monday, 16 September, 2019. Comments and questions must reference RFQ M6700419Q1039. Failure of a contractor to submit questions regarding this requirement or to attend the Site Visit will be construed to mean that the contractor fully understands all requirements of the RFQ. In no event will failure of a contractor to submit questions or inspect the site constitute grounds for a claim after contract award. ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 1 Job Networking and Cabling Project FFP Contractor shall provide all labor, materials and parts to accomplish work contained in the attached PWS using standard commercial industry practices and IAW the terms and conditions of this contract. CLIN 0001 Bldg. 350 to Bldg. 100 (Fiber run) Run single mode fiber 48 strands from Bldg. 100 to Bldg. 350 Provide conduit within building to ITR-1. Provide lite guides and bulk heads. Terminates all 48 strands on each in with LC connectors. Cables and Fibers tagged and labeled. FOB: Destination MILSTRIP: M5402619SUDG912 PURCHASE REQUEST NUMBER: M5402619SUDG912 PSC CD: D316 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0002 1 Job Networking and Cabling Project FFP Contractor shall provide all labor, materials and parts to accomplish work contained in the attached PWS using standard commercial industry practices and IAW the terms and conditions of this contract. CLIN 0002 Bldg. 350 Snack Rm to ITR-1 Run 100 pair cooper from Bldg. 350 snack rm to Bldg. 350 ITR-1 Provide conduit to encase run. Provide 66 blocks, back board and terminate on wall. Cables tagged and labeled. FOB: Destination MILSTRIP: M5402619SUDG912 PSC CD: D316 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0003 1 Job OPTION Networking and Cabling Project FFP Contractor shall provide all labor, materials and parts to accomplish work contained in the attached PWS using standard commercial industry practices and IAW the terms and conditions of this contract. CLIN 0003 (optional) Bldg. 350 Eng to ITR-1 Run single mode fiber 12 strands and 50 pair copper from ENG to ITR-1 Provide conduit within building from ENG to ITR-1. Provide lite guides and bulk heads. Provide 66 blocks, back board and terminate on wall. Terminates all 12 strands on each in with LC connectors. Cables and Fibers tagged and labeled. FOB: Destination MILSTRIP: M5402619SUDG912 PSC CD: D316 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0004 1 Job OPTION Networking and Cabling Project FFP Contractor shall provide all labor, materials and parts to accomplish work contained in the attached PWS using standard commercial industry practices and IAW the terms and conditions of this contract. CLIN 0004 (optional) Bldg. 350 ITR-2 to ITR-1 Run single mode fiber 12 strands and 50 pair cooper from ITR-2 to ITR-1 Provide conduit within building from ITR-2 to ITR-1. Provide lite guides and bulk heads. Provide 66 blocks, back board and terminate on wall. Terminates all 12 strands on each in with LC connectors. Cables and Fibers tagged and labeled. FOB: Destination MILSTRIP: M5402619SUDG912 PSC CD: D316 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0005 1 Job OPTION Networking and Cabling Project FFP Contractor shall provide all labor, materials and parts to accomplish work contained in the attached PWS using standard commercial industry practices and IAW the terms and conditions of this contract. CLIN 0005 (optional) Bldg. 350 ITR-3 to ITR-1 Run single mode fiber 12 strands and 25 pair cooper from ITR-3 to ITR-1. Provide conduit within building from ITR-3 to ITR-1. Provide lite guides and bulk heads. Provide 66 blocks, back board and terminate on wall. Terminates all 12 strands on each in with LC connectors. Cables and Fibers tagged and labeled. FOB: Destination MILSTRIP: M5402619SUDG912 PSC CD: D316 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0006 1 Job OPTION Networking and Cabling Project FFP Contractor shall provide all labor, materials and parts to accomplish work contained in the attached PWS using standard commercial industry practices and IAW the terms and conditions of this contract. CLIN 0006 (optional) Bldg. 350 ITR-7 to ITR-1 Run single mode fiber 12 strands and 25 pair cooper from ITR-7 to ITR-1. Provide conduit within building from ITR-7 to ITR-1. Provide lite guides and bulk heads. Provide 66 blocks, back board and terminate on wall. Terminates all 12 strands on each in with LC connectors. Cables and Fibers tagged and labeled. FOB: Destination MILSTRIP: M5402619SUDG912 PSC CD: D316 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0007 1 Job OPTION Networking and Cabling Project FFP Contractor shall provide all labor, materials and parts to accomplish work contained in the attached PWS using standard commercial industry practices and IAW the terms and conditions of this contract. CLIN 0007 (optional) Bldg. 350 ITR-6 to ITR-1 Run single mode fiber 12 strands and 25 pair cooper from ITR-6 to ITR-1. Provide conduit within building from ITR-6 to ITR-1. Provide lite guides and bulk heads. Provide 66 blocks, back board and terminate on wall. Terminates all 12 strands on each in with LC connectors. Cables and Fibers tagged and labeled. FOB: Destination MILSTRIP: M5402619SUDG912 PSC CD: D316 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0008 1 Job OPTION Networking and Cabling Project FFP Contractor shall provide all labor, materials and parts to accomplish work contained in the attached PWS using standard commercial industry practices and IAW the terms and conditions of this contract. CLIN 0008 (optional) Bldg. 350 ITR-8 to ITR-1 Run single mode fiber 6 strands from ITR-8 to ITR-1. Provide conduit within building from ITR-8 to ITR-1. Provide lite guides and bulk heads. Terminates all 12 strands on each in with LC connectors. Cables and Fibers tagged and labeled. FOB: Destination MILSTRIP: M5402619SUDG912 PSC CD: D316 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0009 1 Job OPTION Networking and Cabling Project FFP Contractor shall provide all labor, materials and parts to accomplish work contained in the attached PWS using standard commercial industry practices and IAW the terms and conditions of this contract. CLIN 0009 (optional) Bldg. 350 ITR-5 to ITR-1 Run single mode fiber 12 strands and 25 pair cooper from ITR-5 to ITR-1. Provide conduit within building from ITR-5 to ITR-1. Provide lite guides and bulk heads. Provide 66 blocks, back board and terminate on wall. Terminates all 12 strands on each in with LC connectors Cables tagged and labeled. FOB: Destination MILSTRIP: M5402619SUDG912 PSC CD: D316 NET AMT INSPECTION AND ACCEPTANCE TERMS Supplies/services will be inspected/accepted at: CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY 0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government DELIVERY INFORMATION CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC / CAGE 0001 POP 30-SEP-2019 TO 29-SEP-2020 N/A USMC BLOUNT ISLAND COMMAND CHARLES STITCHBERRY 5880 CHANNEL VIEW BLVD. JACKSONVILLE FL 32226-3404 9046965641 FOB: Destination M38450 0002 POP 30-SEP-2019 TO 29-SEP-2020 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination M38450 0003 POP 30-SEP-2019 TO 29-SEP-2020 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination M38450 0004 POP 30-SEP-2019 TO 29-SEP-2020 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination M38450 0005 POP 27-SEP-2019 TO 29-SEP-2020 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination M38450 0006 POP 30-SEP-2019 TO 29-SEP-2020 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination M38450 0007 POP 30-SEP-2019 TO 29-SEP-2020 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination M38450 0008 POP 30-SEP-2019 TO 29-SEP-2020 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination M38450 0009 POP 30-SEP-2019 TO 29-SEP-2020 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination M38450 CLAUSES INCORPORATED BY REFERENCE 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and Certifications. DEC 2014 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities. JUL 2018 52.211-6 Brand Name or Equal AUG 1999 52.212-1 Instructions to Offerors--Commercial Items OCT 2018 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation APR 1984 52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information Controls OCT 2016 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting OCT 2016 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support MAY 2016 252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations MAR 2018 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials SEP 2014 252.225-7048 Export-Controlled Items JUN 2013 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013 CLAUSES INCORPORATED BY FULL TEXT 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) (a) Definitions. As used in this clause-- Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information. Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments. Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009). Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502). Safeguarding means measures or controls that are prescribed to protect information systems. (b) Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls: (i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems). (ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute. (iii) Verify and control/limit connections to and use of external information systems. (iv) Control information posted or processed on publicly accessible information systems. (v) Identify information system users, processes acting on behalf of users, or devices. (vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems. (vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse. (viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals. (ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices. (x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems. (xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks. (xii) Identify, report, and correct information and information system flaws in a timely manner. (xiii) Provide protection from malicious code at appropriate locations within organizational information systems. (xiv) Update malicious code protection mechanisms when new releases are available. (xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed. (2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556. (c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting tough its information system. (End of clause) 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: (Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.) Technical and past performance, when combined, are . (Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to 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) 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed tough https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) tough (u)) of this provision. (a) Definitions. As used in this provision -- "Economically disadvantaged women-owned small business (EDWOSB) Concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. "Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. "Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). "Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except-- (1) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Grades of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. "Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor. "Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. "Sensitive technology"-- (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-- (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). "Service-disabled veteran-owned small business concern"-- (1) Means a small business concern-- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. "Small disadvantaged business concern", consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that-- (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-- (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition. "Subsidiary" means an entity in which more than 50 percent of the entity is owned-- (1) Directly by a parent corporation; or (2) Tough another subsidiary of a parent corporation. "Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often tough acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances. "Veteran-owned small business concern" means a small business concern-- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern" means a small business concern-- (1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or (2) Whose management and daily business operations are controlled by one or more women. "Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)", means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM. (2) The offeror has completed the annual representations and certifications electronically in SAM accessed tough http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __. [Offeror to identify the applicable paragraphs at (c) tough (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern. (2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-owned small business concern. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-- (i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-- (i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition teshold. (8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ___ (10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that-- (i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (d) Certifications and representations required to implement provisions of Executive Order 11246-- (1) Previous Contracts and Compliance. The offeror represents that-- (i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and (ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that-- (i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or (ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American --Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American--Supplies." (2) Foreign End Products: Line Item No. Country of Origin ___ ___ ___ ___ ___ ___ (List as necessary) (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms ''Baainian, Moroccan, Omani, Panamanian, or Peruvian end product,'' ''commercially available off-the-shelf (COTS) item,'' ''component,'' ''domestic end product,'' ''end product,'' ''foreign end product,'' ''Free Trade Agreement country,'' ''Free Trade Agreement country end product,'' ''Israeli end product,'' and ''United States'' are defined in the clause of this solicitation entitled ''Buy American--Free Trade Agreements--Israeli Trade Act.'' (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Baainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ''Buy American--Free Trade Agreements--Israeli Trade Act'': Free Trade Agreement Country End Products (Other than Baainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ___ ___ ___ ___ ___ ___ [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: Line Item No. Country of Origin ___ ___ ___ ___ ___ ___ [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American -Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No. ___ ___ ___ [List as necessary] (3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Canadian or Israeli End Products: Line Item No. Country of Origin ___ ___ ___ ___ ___ ___ [List as necessary] (4) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Baainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ''Buy American --Free Trade Agreements--Israeli Trade Act'': Free Trade Agreement Country End Products (Other than Baainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ___ ___ ___ ___ ___ ___ [List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled ''Trade Agreements''. (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: Line Item No. Country of Origin ___ ___ ___ ___ ___ ___ [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition teshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals-- (1) [ ___ ] Are, [ ___ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) [ ___ ] Have, [ ___ ] have not, within a tee-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and (3) [ ___ ] Are, [ ___ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) [ ___ ] Have, [ ___ ] have not, within a tee-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed end products. Listed End Product Listed Countriesof Origin ___ ___ ___ ___ ___ ___ (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [ ___ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [ ___ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) ( ___ ) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) ( ___ ) Outside the United States. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-- (1) ( ___ ) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) ( ___ ) Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] [ ___ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror ( ___ ) does ( ___ ) does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. [ ___ ] (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror ( ___ ) does ( ___ ) does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to SAM to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) tough (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). ( ___ ) TIN: --------------------. ( ___ ) TIN has been applied for. ( ___ ) TIN is not required because: ( ___ ) Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; ( ___ ) Offeror is an agency or instrumentality of a foreign government; ( ___ ) Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. ( ___ ) Sole proprietorship; ( ___ ) Partnership; ( ___ ) Corporate entity (not tax-exempt); ( ___ ) Corporate entity (tax-exempt); ( ___ ) Government entity (Federal, State, or local); ( ___ ) Foreign government; ( ___ ) International organization per 26 CFR 1.6049-4; ( ___ ) Other ----------. (5) Common parent. ( ___ ) Offeror is not owned or controlled by a common parent; ( ___ ) Name and TIN of common parent: Name - ___ . TIN - ___ . (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations- (1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. (2) Representation. By submission of its offer, the offeror represents that-- (i) It is not an inverted domestic corporation; and (ii) It is not a subsidiary of an inverted domestic corporation. (o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and Certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx). (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if- (i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. (p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a unique entity identifier in the solicitation. (1) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture. (2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information: Immediate owner CAGE code: ___ Immediate owner legal name: ___ (Do not use a "doing business as" name) Is the immediate owner owned or controlled by another entity: [ ___ ] Yes or [ ___ ] No. (3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information: Highest level owner CAGE code: ___ Highest level owner legal name: ___ (Do not use a "doing business as" name) (q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (1) As required by section 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that- (i) 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 and agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (ii) 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 an 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. (2) The Offeror represents that-- (i) 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; and (ii) It is [ ___ ] is not [ ___ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code Reporting.) (1) The Offeror represents that it [ ___ ] is or [ ___ ] is not a successor to a predecessor that held a Federal contract or grant within the last tee years. (2) If the Offeror has indicated ''is'' in paragraph (r)(1) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last tee years (if more than one predecessor, list in reverse conological order): Predecessor CAGE code: ___ (or mark ''Unknown''). Predecessor legal name: ___ . (Do not use a ''doing business as'' name). (t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require offerors to register in SAM (12.301(d)(1)). (1) This representation shall be completed if the Offeror received $7.5 million or more in contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year. (2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)]. (i) The Offeror (itself or tough its immediate owner or highest-level owner) [ ___ ] does, [ ___ ] does not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible Web site the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard. (ii) The Offeror (itself or tough its immediate owner or highest-level owner) [ ___ ] does, [ ___ ] does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly accessible Web site a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage. (iii) A publicly accessible Web site includes the Offeror's own Web site or a recognized, third-party greenhouse gas emissions reporting program. (3) If the Offeror checked ''does'' in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the Offeror shall provide the publicly accessible Web site(s) where greenhouse gas emissions and/or reduction goals are reported: ___ . (u)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (3) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General). (End of provision) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (AUG 2019) (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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (6) 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.) ___ (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 (Oct 2015) (41 U.S.C. 3509). ____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) ___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). XXX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note). ____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (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] XXX (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 2018) (15 U.S.C. 637(d)(2) and (3)). ____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)). ____ (ii) Alternate I (Nov 2016) of 52.219-9. ____ (iii) Alternate II (Nov 2016) of 52.219-9. ____ (iv) Alternate III (Nov 2016) of 52.219-9. ____ (v) Alternate IV (Aug 2018) 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 (JAN 2017) (15 U.S.C. 637(a)(14)). ____ (20) 52.219-16, Liquidated Damages-Subcontracting 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). XXX (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, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). ____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). XXX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). XXX(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126). XXX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). XXX (28)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246). ____ (ii) Alternate I (Feb 1999) of 52.222-26. ____ (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212). ____ (ii) Alternate I (July 2014) of 52.222-35. XXX (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). ____ (ii) Alternate I (July 2014) of 52.222-36. ____ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). ____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). XXX (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627). ____ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). ____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). ____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). ____ (38) (i) 52.223-13, Acquisition of EPEAT Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514). ____ (ii) Alternate I (OCT 2015) of 52.223-13. XXX (39)(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. XXX (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ____ (41)(i) 52.223-16, Acquisition of EPEAT-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). ____ (ii) Alternate I (Jun 2014) of 52.223-16. XXX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). ____ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). ____ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693). ____ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). ____ (ii) Alternate I (JAN 2017) of 52.224-3. ____ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ____ (47) (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. ____ (48) 52.225-5, Trade Agreements (AUG 2018) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). XXX (49) 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). ____ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150 ____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). ____ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). XXX (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332). ____ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (July 2013) (31 U.S.C. 3332). ____ (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). ____ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ____ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)). ____ (60)(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. ____ (iii) Alternate II (Feb 2006) 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) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). _____ (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67). _____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). _____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67). _____ (5) 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). _____ (6) 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). _____ (7) 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). _____(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658). _____ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). _____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). (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 teshold, 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 (Oct 2015) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232). (v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (vi) 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. (vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (viii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). (ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (xii) 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. (xiii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67). (xiv) _____ (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627). _____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (xv) 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.) (xvi) 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) (xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989). (xviii)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). (xix) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (B) Alternate I (JAN 2017) of 52.224-3. (xx) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xxii) 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. (xxiii) 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. (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) 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/browsefar (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): https://www.acquisition.gov/browsefar (End of clause) 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC 2018) (a) Definitions. As used in this clause-- Contract financing payment means an authorized Government disbursement of monies to a contractor prior to acceptance of supplies or services by the Government. (1) Contract financing payments include-- (i) Advance payments; (ii) Performance-based payments; (iii) Commercial advance and interim payments; (iv) Progress payments based on cost under the clause at Federal Acquisition Regulation (FAR) 52.232-16, Progress Payments; (v) Progress payments based on a percentage or stage of completion (see FAR 32.102(e)), except those made under the clause at FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, or the clause at FAR 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts; and (vi) Interim payments under a cost reimbursement contract, except for a cost reimbursement contract for services when Alternate I of the clause at FAR 52.232-25, Prompt Payment, is used. (2) Contract financing payments do not include-- (i) Invoice payments; (ii) Payments for partial deliveries; or (iii) Lease and rental payments. Electronic form means any automated system that transmits information electronically from the initiating system to affected systems. Invoice payment means a Government disbursement of monies to a contractor under a contract or other authorization for supplies or services accepted by the Government. (1) Invoice payments include-- (i) Payments for partial deliveries that have been accepted by the Government; (ii) Final cost or fee payments where amounts owed have been settled between the Government and the contractor; (iii) For purposes of subpart 32.9 only, all payments made under the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts, and the clause at 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts; and (iv) Interim payments under a cost-reimbursement contract for services when Alternate I of the clause at 52.232-25, Prompt Payment, is used. (2) Invoice payments do not include contract financing payments. Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract or task or delivery order. Receiving report means the data prepared in the manner and to the extent required by Appendix F, Material Inspection and Receiving Report, of the Defense Federal Acquisition Regulation Supplement. (b) Except as provided in paragraph (d) of this clause, the Contractor shall submit payment requests and receiving reports in electronic form using Wide Area WorkFlow (WAWF). The Contractor shall prepare and furnish to the Government a receiving report at the time of each delivery of supplies or services under this contract or task or delivery order. (c) Submit payment requests and receiving reports to WAWF in one of the following electronic formats: (1) Electronic Data Interchange. (2) Secure File Transfer Protocol. (3) Direct input tough the WAWF website. (d) The Contractor may submit a payment request and receiving report using methods other than WAWF only when-- (1) The Contractor has requested permission in writing to do so, and the Contracting Officer has provided instructions for a temporary alternative method of submission of payment requests and receiving reports in the contract administration data section of this contract or task or delivery order; (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 on a contract or task or delivery order for rendered health care services using the TRICARE Encounter Data System; or (4) The Governmentwide commercial purchase card is used as the method of payment, in which case submission of only the receiving report in WAWF is required. (e) Information regarding WAWF is available at https://wawf.eb.mil/. (f) 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) 252.232-7006 Wide Area WorkFlow Payment Instructions (DEC 2018) (a) Definitions. As used in this clause- "Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization. "Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). "Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system. "Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. (b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. (c) WAWF access. To access WAWF, the Contractor shall- (1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and (2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site. (d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests tough WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/ (e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol. (f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order: (1) Document type. The Contractor shall submit payment requests using the following document type(s): (i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher. (ii) For fixed price line items- (A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer. Type Document: COMBO Inspection/Acceptance: Destination/Other M38450 Extenision S6 __________________________________________________________ (2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer. DODAAC M38450. Blount Island Command Jacksonville, Florida 32226 (B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer. ____________________________________________________________ (Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.) (iii) For customary progress payments based on costs incurred, submit a progress payment request. (iv) For performance based payments, submit a performance based payment request. (v) For commercial item financing, submit a commercial item financing request. (2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract. [Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.] (3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system. Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC M67443 Issue By DoDAAC M67004 Admin DoDAAC** M38450 Inspect By DoDAAC M38450 Ship To Code M38450 Ship From Code Contrators Cage Code Mark For Code Not Applicable Service Approver (DoDAAC) Not Applicable Service Acceptor (DoDAAC) Not Applicable Accept at Other DoDAAC M38450 Extension S6 LPO DoDAAC M38450 DCAA Auditor DoDAAC Not Applicable Other DoDAAC(s) Not Applicable (**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).) (4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable. (5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. (4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable. (5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. (g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact. Timothy.Wheeler@usmc.mil Charles.Stichberry2@usmc.mil Calvin.Caldwell@usmc.mil Stanley.Sanders@usmc.mil _________________________________________________________________ (2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed. (End of clause) PWS PERFORMANCE WORK STATEMENT (PWS) Telecommunication Sustainment and Maintenance Services Blount Island Command Part 1 General Information 1. General: This is a non-personal services contract. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. The contractor is responsible for providing all personnel, materials, transportation, supervision, and other resources necessary to provide compliant services as stated herein. 1.1 Description of Services/Introduction: The contractor shall provide all necessary labor and material to properly complete any sustainment and maintenance repair aboard Marine Corps Support Facility, Blount Island (MCSF-BI). 1.2 Background: Marine Corps Support Facility, Blount Island (MCSF-BI) does not have the expertise or the manpower to perform this magnitude of telecommunication support services. Work should be concluded no later than September 29, 2020. 1.3 Objectives: Contractor will provide walk tough with Government SME during the requested sustainment and maintenance repair project and after the project to ensure that all projects have reached the required goals. 1.4 Scope: The contractor's responsibilities and tasks are as follows: 1.4.1 Coordinate with government Telecommunication Officer and plan and design: a. Coordinate with Telecommunication Officer on building availability and scheduled areas. Assists in coordinating with technical teams to ensure required infrastructure is available to support project execution. b. Coordinate with Telecommunication Officer in collaborating closure activities including knowledge transfer, lessons learned, client satisfaction and release of all resources / infrastructure. c. Furnish and provide all necessary labor and material to properly ground and bond newly installed equipment. d. Contractors must be BICSI-Certified and all required regulation. e. Contractor will abide by MCSF-BI Environmental Regulations and Policies. f. Coordinate in tracking and providing guidance to Telecommunication Officer Status of start planned schedules (and milestones). g. Provide weekly progress reports to include: a. Daily updated on project progress plans. b. Daily update and status of problems or foresee able problems. 1.4.2 Coordinate with contractor all deliverables for plans tough: CLIN 0001 Bldg. 350 to Bldg. 100 (Fiber run) a. Run single mode fiber 48 strands from Bldg. 100 to Bldg. 350 b. Provide conduit within building to ITR-1. c. Provide lite guides and bulk heads. d. Terminates all 48 strands on each in with LC connectors. e. Cables and Fibers tagged and labeled. CLIN 0002 Bldg. 350 Snack Rm to ITR-1 a. Run 100 pair cooper from Bldg. 350 snack rm to Bldg. 350 ITR-1 b. Provide conduit to encase run. c. Provide 66 blocks, back board and terminate on wall. d. Cables tagged and labeled. CLIN 0003 (optional) Bldg. 350 Eng to ITR-1 a. Run single mode fiber 12 strands and 50 pair copper from ENG to ITR-1 b. Provide conduit within building from ENG to ITR-1. c. Provide lite guides and bulk heads. d. Provide 66 blocks, back board and terminate on wall. e. Terminates all 12 strands on each in with LC connectors. f. Cables and Fibers tagged and labeled. CLIN 0004 (optional) Bldg. 350 ITR-2 to ITR-1 a. Run single mode fiber 12 strands and 50 pair cooper from ITR-2 to ITR-1 b. Provide conduit within building from ITR-2 to ITR-1. c. Provide lite guides and bulk heads. d. Provide 66 blocks, back board and terminate on wall. e. Terminates all 12 strands on each in with LC connectors. f. Cables and Fibers tagged and labeled. CLIN 0005 (optional) Bldg. 350 ITR-3 to ITR-1 a. Run single mode fiber 12 strands and 25 pair cooper from ITR-3 to ITR-1. b. Provide conduit within building from ITR-3 to ITR-1. c. Provide lite guides and bulk heads. d. Provide 66 blocks, back board and terminate on wall. e. Terminates all 12 strands on each in with LC connectors. f. Cables and Fibers tagged and labeled. CLIN 0006 (optional) Bldg. 350 ITR-7 to ITR-1 a. Run single mode fiber 12 strands and 25 pair cooper from ITR-7 to ITR-1. b. Provide conduit within building from ITR-7 to ITR-1. c. Provide lite guides and bulk heads. d. Provide 66 blocks, back board and terminate on wall. e. Terminates all 12 strands on each in with LC connectors. f. Cables and Fibers tagged and labeled. CLIN 0007 (optional) Bldg. 350 ITR-6 to ITR-1 a. Run single mode fiber 12 strands and 25 pair cooper from ITR-6 to ITR-1. b. Provide conduit within building from ITR-6 to ITR-1. c. Provide lite guides and bulk heads. d. Provide 66 blocks, back board and terminate on wall. e. Terminates all 12 strands on each in with LC connectors. f. Cables and Fibers tagged and labeled. CLIN 0008 (optional) Bldg. 350 ITR-8 to ITR-1 a. Run single mode fiber 6 strands from ITR-8 to ITR-1. b. Provide conduit within building from ITR-8 to ITR-1. c. Provide lite guides and bulk heads. d. Terminates all 12 strands on each in with LC connectors. e. Cables and Fibers tagged and labeled. CLIN 0009 (optional) Bldg. 350 ITR-5 to ITR-1 a. Run single mode fiber 12 strands and 25 pair cooper from ITR-5 to ITR-1. b. Provide conduit within building from ITR-5 to ITR-1. c. Provide lite guides and bulk heads. d. Provide 66 blocks, back board and terminate on wall. e. Terminates all 12 strands on each in with LC connectors f. Cables tagged and labeled. 1.5 Period of Performance: The period of performance shall be for a base period from 30 September 2019 - 29 September 2020. 1.6 General Information: 1.6.1 Quality Control. The applicable contract quality requirements are for commercial standards. The contractor shall maintain an effective quality control program to ensure services are performed in accordance with this PWS and commercial industry standards. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor's quality control program is the means by which he assures himself that his work complies with the requirement of the contract. IAW FAR 46.202-1, the Government shall rely on the contractor's existing quality assurance systems as a substitute for Government inspection and testing before tendering for acceptance unless customary market practices for the commercial services being acquired include in-process inspection. Any in-process inspection by the Government shall be conducted in a manner consistent with commercial practice. In the event that there are nonconforming services, the Government shall request a copy of the written Quality Control Plan (QCP). 1.6.2 Quality Assurance. The government shall evaluate the contractor's performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s). 1.6.3 Recognized Holidays. New Year's Day Labor Day Martin Luther King Jr.'s Birthday Columbus Day President's Day Veteran's Day Memorial Day Thanksgiving Day Independence Day Cistmas Day 1.6.4 Hours of Operation. The contractor is responsible for conducting business, between the hours of 0630 - 1700 Monday tu Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential. 1.6.5 Place of Performance. The work to be performed under this contract will be performed at Blount Island Command, Jacksonville, FL. Blount Island Command is a United States Marine Corps installation. 1.6.6 Type of Contract. The Government will award a Firm Fixed Price Contract. 1.6.7 Security Requirements. There are no known organizational conflicts of interest. The resultant contractor employees will be required to sign a non-disclosure statement before beginning work as there may be access to classified or sensitive information. A DD 254 is applicable to this contract. The applicable DD Form 254 is an attachment to the contract and provides the contractor with the security requirements needed to undertake a particular task(s). As applicable, the DD 254 also provides the classification guidance that is necessary to perform on a classified contract. 1.6.7.1 Physical Security. The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured. 1.6.7.2 Security Procedures. The contractor shall adhere to and participate in the execution of all security instructions, Command Orders, and directives of Blount Island Command. 1.6.7.3 CONUS Anti-Terrorism (AT) Considerations. The contractor shall comply with monthly scheduled Random Access measures (RAM). These RAM, at a minimum, shall consist of the random implementation of higher Force Protection Conditions (FPCONS) measures in consideration of the local terrorist capabilities. Random use of other physical security measures will be used to supplement FPCON measures. The contractor shall comply with all requirements associated with FPCON measures. 1.6.7.4 Background Checks for Contractors Performing Services On-Site. The contractor shall perform background checks and make suitability determinations for all employees performing services on-site. The contractor and its subcontractors shall complete background checks and make suitability determinations on all employees before beginning performance on site. The contractor shall notify the Contracting Officer that the background checks and suitability determinations have been completed for all affected individuals. Contractor personnel shall also be subject to additional background checks by the Government before and during their performance at Blount Island Command. Contractors shall insert terms that conform substantially to the language herein for background checks in all subcontracts under the contract. 1.6.7.4.1 Compliance with the requirements for performing a background check and making a suitability determination shall not be construed as providing the contractor employee clearance to have access to classified information or confidential business information. 1.6.7.4.2 Removal of Contractor Employees. Removal of contractor employees will be made by the Contracting Officer for any employee whose continued employment under this contract is inconsistent with the interest of military security. The Contracting Officer may require the immediate removal of any contractor employee that is objectionable, incompetent, or endanger persons (including themselves) or property, or whose physical or mental condition is such that it would impair the employee's ability to satisfactorily perform the work. Notification for removal will be in writing. However, notification may be made by telephone, and later confirmed in writing if time and circumstances warrant. The contractor shall take immediate action to replace any dismissed employee. Personnel changes, regardless of cause, will not reduce the contractor's obligation to perform work in accordance with the contract terms and conditions. 1.6.7.5 Key Control. As applicable, the Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the Contracting Officer. 1.6.7.5.1. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor. 1.6.7.5.2. The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor's employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer. 1.6.7.5.3 Lock Combinations. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Contractor's Quality Control Plan. 1.6.8 Special Qualifications. All contractor personnel working on this contract shall have or qualify for a Secret Clearance. 1.6.8.1 Base Access. In order to gain access to the Installation, the contractor shall comply with requirements for documentation and criminal background check per CmdO 5560.1. 1.6.8.2 The contractor shall obtain appropriate Blount Island badges, vehicle passes and vehicle registration/decals prior to entering the facility. The Blount Island Police Department pass & ID Office issues badges, vehicle passes and decals based upon the duration of the contract. 1.6.8.3 Common Access Cards (CACs). The CAC is a DOD-mandated program affecting Military, DOD Civilians and eligible contractors. In addition to its use as an ID card, the CAC is expected to provide a variety of functional capabilities such as access to buildings and facilities, and secure access to Government computer systems and networks. 1.6.8.4 The contractor shall comply with all security requirements enforced by the applicable sponsoring Government agency. Contractor personnel shall have as a minimum a favorable National Agency Check with Inquiries completed before being permitted access to Government automated information technology systems. 1.6.9 Post Award Conference/Periodic Progress Meetings. The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer, Contracting Officer's Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government. 1.6.10 Contracting Officer Representative (COR). The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting contract. 1.6.11 Key Personnel. The follow personnel are considered key personnel by the government: Contract Manager. The contractor shall provide a Contract Manager (either on-site or virtually) who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 8:00 a.m. to 4:30p.m. Monday tu Friday except Federal holidays or when the government facility is closed for administrative reasons. 1.6.12 Identification of Contractor Employees. In accordance with DFARS 211.106, all contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. All contractor personnel working at Blount Island will be required to obtain and wear badges in the performance of this service. 1.6.13 Organizational Conflict of Interest. Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor's mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI. 1.6.14 SAFETY 1.6.14.1 Marine Corps Logistics Command (LOGCOM) is in the process of pursuing OSHA Voluntary Protection Programs (VPP) recognition, or has already received VPP recognition from OSHA. VPP affects all applicable contractors operating on site. It is the contractor's responsibility to ensure its employees and managers are in full compliance with OSHA requirements and have a general understanding of VPP. All contractors, whether regularly involved in routine site operations or engaged in temporary projects such as construction or repair, must follow the safety and health rules of LOGCOM. Detailed information on VPP is available on the OSHA website at http://www.osha.gov/dcsp/vpp/index.html. The contractor shall comply with commercial safety standards as identified by the Occupational Safety and Health Administration. The contractor shall comply with all Federal, State, Department of Defense (DoD), Navy, Marine Corps (MC), and local rules and regulations to include but not limited to Occupational Safety and Health Administration (OSHA) Standards, National Fire Protection Association (NFPA) Standards, Navy Marine Corps Directive (NAVMC DIR) 5100.8, Marine Corps Order (MCO) 5100.8, and MARCORLOGCOMO (LCO) 5100.8. The contractor must have a written Safety Plan and submit it to the contracting officer representative (COR) for review and approval by the Contracting Officer within ten (10) calendar days after contract award. In addition to the requirements listed above, the contractor's written Safety Plan shall, as a minimum, address the following: 1. Mishap reporting procedures 2. Weekly safety meetings 3. Employee training requirements 4. Monthly safety inspections 5. Requirements for subcontractors to comply with the safety provisions of this contract 1.6.14.2 Additional Safety requirements: 1.6.14.2.1 Applicable Contractors: These requirements apply to contractors, subcontractors, and their employees or agents. 1.6.14.2.2 Days Away, Restricted, and or Transfer Case Incident Rate (DART): Number of recordable injuries and illness cases per 100 full-time employees resulting in days away from work, restricted work activity, and/or job transfer that a site has experienced in a given period. 1.6.14.2.3 Total Case Incidence Rate (TCIR): Total number of recordable injuries and illness cases per 100 full-time employees that a site has experienced in a given period. 1.6.14.2.4 Contractors must submit their 3-yr TCIR and DART rates as part of their proposal in order for the proposal to be considered technically acceptable. 1.6.14.2.5 As soon as reasonably possible but no later than 24 hours of any mishap or incident resulting in personal injury (OSHA recordable) and/or significant property damage while performing work authorized by this contract, the contractor shall notify the following: The activity's Safety Representative -Jeff Churchill, Jeff.Churchill@.usmc.mil, (904) 696-5623 The COR (if applicable); Charles Stichberry, Charles.Stichberry2@usmc.mil, (904) 696 5641 The Contracting Officer: Stanley Sanders, Stanley.Sanders@usmc.mil, ( 904) 696-5170 4. A written report of the mishap/incident shall be sent within 24 hours to the designated Safety Representative, COR, and Contracting Officer stated herein. 1.6.14.2.6 Mishap notifications shall contain, as a minimum, the following information: 1. Contract Number, Name of Company, and Name and Title of Person(s) Reporting 2. Date, Time, and exact location of accident/incident 3. Brief narrative of accident/incident (Events leading to accident/incident) 4. Cause of accident/incident, if known 5. Estimated cost of accident/incident (material and labor to repair/replace) 6. Nomenclature of equipment and personnel involved in accident/incident 7. Corrective actions (taken or proposed) 8. Other pertinent information 1.6.14.2.7 Contractor must fully cooperate with LOGCOM safety personnel during safety inspections of the workplace and inspections of required documentation. 1.6.14.2.8 Safety requirements listed in this package that do not relate to the contractor's operations or services may be waived by the Contracting Officer. Objections made by the contractor must be reported to the Contracting Officer within 10 days of contract award. Objections will be considered on a case-by-case basis. 1.6.14.2.9 Smoking and the use of tobacco products is allowed in designated areas only. 1.6.14.2.10 All vehicle operators and passengers of contractor and privately owned vehicles are required to wear seatbelts while their vehicle is in operation on the installation and/or performing work under this contract. The use of seatbelts is also required on all mobile construction equipment operating on the installation and/or performing work under this contract. 1.6.14.2.11 All vehicle operators and passengers are prohibited from using a cell phone, personal digital assistant (PDA), or BlackberryTM, unless the vehicle is safely parked or the operator is using a hands-free device. The use of portable headphones, earphones, or other listening devices (except for hand-free cell phones) while operating a motor vehicle is also prohibited. 1.6.14.2.12 Should an accident occur and in the event the US government investigates the mishap, the contractor and subcontractors shall cooperate fully and assist government personnel during the investigation period. Instructions pertaining to the assistance required from the contractor in support of an investigation and the point of contact of the LOGCOM safety personnel involved in an investigation will be provided by the COR or the Contracting Officer. 1.7. ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION (ECMRA) The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the work required herein via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 tough September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil. 1.8. MISSION ESSENTIAL CONTRACT REQUIREMENTS. In the event that the services provided hereunder are determined to be mission essential, the contractor shall comply with DFARS 252.237-7023 and 252.237-7024. PART 2 DEFINITIONS & ACRONYMS 2. Definitions and Acronyms: 2.1. DEFINITIONS: 2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime. 2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government. 2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract. 2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement. 2.1.5. DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports. 2.1.6. KEY PERSONNEL. Contractor personnel that are required to be used in the performance of a contract by the Key Personnel listed in the PWS. 2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property. 2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards. 2.1.9. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance. 2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements. 2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor. 2.1.12. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract. 2.1.12. WORK WEEK. Monday tough Friday, unless specified otherwise. 2.2. ACRONYMS: The following are common acronyms used in contract documents and/or Government meetings: CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DOD Department of Defense FAR Federal Acquisition Regulation KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QAR Quality Assurance Representative QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program ECMRA 5237.102-90 Enterprise-wide Contractor Manpower Reporting Application (ECMRA). (a) DOD contracting activities awarding or administering contracts shall incorporate the following Enterprise-wide Contractor Manpower Reporting Application (ECMRA) standard language into all contracts which include services, provided the organization that is receiving or benefiting from the contracted service is a Department of Defense organization, including reimbursable appropriated funding sources from non-DOD executive agencies where the Defense Component requiring activity is the executive agent for the function performed. The reporting requirement does not apply to situations where a Defense Component is merely a contracting agent for another executive agency. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are: (1) W, Lease/Rental of Equipment; (2) X, Lease/Rental of Facilities; (3) Y, Construction of Structures and Facilities; (4) D, Automatic Data Processing and Telecommunications, IT and Telecom- Telecommunications Transmission (D304) and Internet (D322) ONLY; (5) S, Utilities ONLY; (6) V, Freight and Shipping ONLY. (b)The standard language to be inserted is: "The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the US Navy Maintenance Specialist Support Services via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are: (1) W, Lease/Rental of Equipment; (2) X, Lease/Rental of Facilities; (3) Y, Construction of Structures and Facilities; (4) D, Automatic Data Processing and Telecommunications, IT and Telecom- Telecommunications Transmission (D304) and Internet (D322) ONLY; (5) S, Utilities ONLY; (6) V, Freight and Shipping ONLY. The contractor is required to completely fill in all required data fields using the following web address: https://www.ecmra.mil. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 tough September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://www.ecmra.mil. SERVICE AGREEMENT Marine CoRPS SUPPORT FACILITY - BLOUNT ISLAND Blount island command 5880 Channel View BLvd Jacksonville FL 32226-3404 SERVICE AGREEMENT Introductory Statement Welcome to the United States Marine Corps Support Facility - Blount Island (MCSF-BI), home of Blount Island Command (BICmd). Aboard our Installation, we take our commitment to the safety of persons and the environment very seriously. Our Environmental Policy Our Environmental Policy is posted at several locations toughout the Installation. MCSF-BI and BICmd are committed to environmental excellence and recognizes the importance of protecting the global ecosystem, reducing the use of natural resources, and supporting responsible and sustainable development tough the operation of an environmental management system. Strict adherence to this environmental policy will create long-term environmental benefits and preserve the natural resources necessary to support the future operation of the Installation. This policy is also intended to promote a safer and healthier working environment, thereby ensuring the current and future wellbeing of all employees and our community. The policy commits to compliance with legal and other requirements, continuous improvement, pollution prevention, setting objectives and targets and is communicated to all persons working for and on behalf of MCSF-BI. It is the responsibility of each employee, whether government civilian, military or contractor, to abide by this policy statement and make certain their work actions are always consistent with its content. Federal facilities must lead by example and therefore sound environmental principles shall be integrated into all affairs conducted aboard the Installation, including: Increasing energy efficiency; measuring; reporting and reducing greenhouse gas emissions from direct and indirect activities; Conserving and protecting water resources tough efficiency reuse and storm water management; Eliminating waste, recycling and pollution prevention; Leveraging agency acquisitions to foster markets for sustainable technologies and environmentally preferable materials, products and services; Designing, constructing, maintaining and operating high performance sustainable buildings in sustainable locations; Strengthening the vitality and livability of the Installation community; and Informing Installation employees about and involving them in achievement of these goals. Our Safety Policy In matters affecting occupational safety and health, this Command and Installation operates as a team that includes every military member, civilian employees, and contractor working on the Installation. Accordingly, it is the Policy of Command to: Understand, embrace, and carry out the Safety and Force Preservation Policies of the Commandant of the Marine Corps and the Commanding Officer. Implement and maintain an aggressive, proactive safety program to enhance our war-fighting capabilities and prevent on- and off-duty mishaps. Comply with all applicable health and safety legal and other requirements, including Executive Orders, Department of Defense Instructions, Marine Corps Orders, and Navy Instructions, and to exceed such requirements where practical and merited. Achieve and maintain OSHA VPP Star program status. Seek and seize opportunities to improve health and safety management and performance. Regularly set, review, and revise objectives for improvement of our health and safety performance. Institute hazard awareness and risk management as fundamental elements in doctrine, training, material acquisition, supply, tactical operations, and off-duty recreational planning. Communicate openly with our internal and external stakeholders, including other military facilities, in order to share information about health and safety ideas and performance. Environmental Expectations We expect you to comply with all applicable local, state and federal environmental regulations and standards involving the handling, collection and disposal of all hazardous materials and industrial waste by-products. Additionally, if your process, service or activity will or has the potential to create emission sources, which may impact our air, water or property, you must contact a representative of BICmd immediately before performing that process, service or activity. We also administer and maintain an active recycling program; we recommend that you recycle all metal-containing materials, paper products, or universal waste materials such as light bulbs and batteries. If you cause or create a spill or chemical release on MCSF-BI property, you must notify the MCSF-BI IMO Environmental Office immediately. Leaks/Spills must be contained and cleaned up immediately by trained personnel. You will contain the leak/spill as best as you can and let your POC know immediately so additional response action can be initiated, if necessary. If you are asked to evacuate the facility, you will return to the Command Building (Facility 100) and report to the MCSF-BI POC. If you are directed to seek shelter, follow directions or ask for assistance from any MCSF-BI personnel for assistance. Otherwise, follow directions from your MCSF-BI POC. Should you have any questions on the agreement, please don't hesitate to contact the MCSF-BI Environmental Management Representative Mr. Mike Keethler, 904-696-5688. Prior to do any work on the facility you are required to provide a Hazardous Material Log (ESOH-F-8.1.1042) of all the items that will be brought on the facility and the amounts. We will also need notification of any fueling or defuel activity (ESOH-F-8.1.1041) while on the facility. The following have been identified as significant environmental aspects and potential impacts: Construction - Air, Soil and Water Contamination Painting - Air, Soil and Water Contamination Hazardous Compliance - Air, Water and Soil Contamination Battery Management - Air, Soil and Water Contamination Vehicle Maintenance - Air, Water and Soil Contamination If your process, service or activity will or has the potential to impact our activity in these areas, you are to notify your MCSF-BI POC. Based on the services, products or activities you will provide, additional documentation may need to be required and executed by you or a representative of your company. Thank You and Have A Great Day! _____Initial for Environmental Expectations Safety Expectations Contractor employees shall be responsible to ensure all materials supplied to, or work performed aboard, the Installation complies fully with the applicable provisions of federal and state occupational safety and health acts, standards, and regulations including Lockout/Tagout, Hot Work, Hazard Communication, Lift Truck Safety, Confined Spaces, Hazardous Materials, Flammables and Combustibles, and other applicable provisions, acts, standards and/or regulations. VPP is a partnering and recognition program of OSHA for worksites that are committed to effective employee protection beyond the minimum requirements of OSHA standards and that can demonstrate excellence in occupational safety and health. It is our intent that the OSH Program and OSH performance of everybody aboard the Installation achieve and maintain world-class status across the Installation. Contractors are expected to participate as appropriate in efforts to achieve and maintain VPP "Star" status. All contractor employees must wear required safety equipment whenever engaged in work requiring personal protective equipment. All contractors shall report any injuries or vehicle accidents that occur at MCSF-BI to the Health and Safety Section, 904-696-5623/5624. The contractor (ois not required to; oshall) have available an OSH Plan for the work being performed aboard the Installation, and shall submit a copy of their OSH Plan to IMO Health and Safety Manager(s) upon request. Job safety analysis (also known as job hazard analysis, activity hazard analysis, and/or operational risk management) is a method used to identify hazards associated with a particular task, and then develop measures to eliminate or control the hazards in order to ensure safe completion of the work. Contractors shall complete JSAs for the jobs they are performing aboard the Installation and implement hazard mitigation methods developed tough the JSAs. If a contractor does not have a JSA form available, we will provide one. All contractor employees have the authority to stop work if they observe unsafe conditions endangering the safety of themselves, coworkers, Government personnel, or others in the surrounding area. Likewise, Installation personnel have the duty and authority to stop contractors' work if they observe unsafe conditions endangering the safety of themselves, contractor employees, Government personnel, or others in the surrounding area. When it is necessary to leave a job prior to completion, the following minimum measures must be taken: All materials, rigging, boards, loose nails, and other debris must be removed from the floor. There shall not be materials or equipment left overhead or on the roof unless secured in place. Adequate barricades and warnings must be erected at all openings, excavations, and obstructions. If material handling equipment is being used, any boom must be lowered to the ground prior to leaving the job. If you are asked to evacuate the facility, you will return to the Headquarters Building (Building 100) and report to your Installation Point of Contact (POC). If you are directed to seek shelter, follow directions or ask for assistance from any Government personnel for assistance. Otherwise, follow directions from your POC. _____Initial for Safety Expectations Facility Contacts For any OSH-related questions or concerns, please contact Mr. Jeff Churchill, IMO Safety Manager, at (904) 696-5623. Mr. Churchill will also serve as contractor employees' POC for Safety matters while aboard the Installation. For any environmental questions or concerns, please contact Mr. Mike Keethler, IMO Environmental Manager, at (904) 696-5688. Mr. Keethler will also serve as contractor employees' POC for Environmental matters while aboard the Installation. Agreement and Acknowledgement As a Contractor, you must agree to comply with all requirements outlined in this Service Agreement (SA) prior to commencing work aboard the Installation. After you have read this document, please sign below to acknowledge you understand its contents and agree to the requirements outlined. I certify that I am an authorized representative of a company performing work at MCSF-BI and the employees of our company have been trained and/or are qualified and/or certified and competent to perform their duties in safe and environmentally conscious manner. ___________________ _________________________ ___________________ ________ Printed Name Signature Company Name Date Contractors and their Personnel are Responsible for all Information contained within this Document. This agreement is only valid for one year from date signed. Violation of any part of this SA is considered non-fulfillment of the superior contract, subject to contractual enforcement mechanisms, and/or termination of contract. . M6700419Q1039 United States Marine Corps
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