Clean Oil Water Separators
A. INTRODUCTION: The US Army Contracting Command, APG, Natick Contracting Division on behalf of the US Army Garrison - Natick, Directorate of Public Works has a requirement to clean Oil Water Separators per manufacturer's (Highland Tank) User Manual at the Natick Soldier Systems Center, Natick, MA 01760 and to properly dispose of all waste generated from cleaning. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, in conjunction with procedures at FAR Subpart 13.302, and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested, and a written solicitation will not be issued. The solicitation number for this procurement is W911QY19Q0018 and issued as a Request for Quotation (RFQ). This solicitation document and incorporated provisions and clauses are those in effect tough the Federal Acquisition Regulation (FAR) and Defense Federal Regulation Supplement (DFARS). The North American Industry Classification System is 562998. This requirement is 100% Small Business Set-Aside. The Small Business Size Standard is $7.5 million. This written solicitation is issued in accordance with the FAR Subpart 12.603(b) - Streamlined Solicitation for Commercial Items. A Standard Form 1449 (Solicitation/Contract/Order for Commercial Items) will not be used for issuing this solicitation, however, the Government anticipates awarding one Firm Fixed Price (FFP) Contract from this solicitation using the SF1449. The contract will consist of a Base period and four - one year optional ordering periods. The total contract shall not exceed five (5) years. The Base and four optional Ordering Periods consist of the following CLINS: Base Period: 0001 tough 0003 Date of Contract Award tough 31 May 2020 First Optional Period: 1001 tough 1003 1 June 2020 tough 31 May 2021 2017 tough 31 March 2018 Second Optional Period: 2001 tough 2003 1 June 2021 tough 31 May 2022 Third Optional Period: 3001 tough 3003 1 June 2022 tough 31 May 2023 Fourth Optional Period: 4001 tough 4003 1 June 2023 tough 31 May 2024 The Service Contract Act applies. Any excess funds will be deobligated at the end of the Period of Performance. The Government intends to evaluate offers and award a contract without discussions, therefore, the initial offer should contain the best offer, however the Government reserves the right to conduct discussions if necessary. The Government also reserves the right to not award any contract in the event that no proposals are considered to be in the best interest of the Government. Quotes are due 21 June 2019 @ 2:00PM. Quotes are to only be submitted via e-mailed to Michael Vincent at michael.w.vincent.civ@mail.mil and George Bernard at george.h.bernard.civ@mail.mil. Quotes shall be for separate PDF files. Quotes in response to this solicitation shall be valid for 60 calendar days. Please annotate the last day the quote will be valid. Firms will not be reimbursed for quotation preparation costs. FAILURE TO SUBMIT A TIMELY PROPOSAL EXACTLY IN ACCORDANCE WITH THE SUBMISSION INSTRUCTIONS MAY RESULT IN THE OFFEROR'S QUOTATION BEING REJECTED AS UNACCEPTABLE OR NONCOMPLIANT, AND THEREFORE INELIGIBLE FOR AWARD CONSIDERATION. Attachments to this Combined Synopsis/Solicitation include: 1. Pricing Schedule for Quote Submission 2. Past Performance Questionnaire 3. Wage Determination WD 15-4055 Rev 11 Contracting Office Address: Army Contracting Command - Aberdeen Proving Ground, Natick Contracting Division 10 General Greene Avenue Natick, Massachusetts 01760-5011 United States Place of Performance: Natick Soldier Systems Center 10 General Greene Avenue Natick, Massachusetts 01760 United States Primary Point of Contact: Michael Vincent Contract Officer michael.w.vincent.civ@mail.mil ph: 508-233-6138 B. QUOTATION SUBMISSION INSTRUCTIONS: 1. The following ADDENDUM TO 52.212-1 is hereby included: Any Offeror that submits a quotation in response to this solicitation shall be registered in SAM IAW FAR Clauses 52.204-7 and 52.232-33 prior to contract award. Registration information can be found at www.sam.gov. The Offeror shall submit a quotation consisting of four (4) volumes as PDF files. These four volumes shall be labeled, Volume I - Technical Proposal (Evaluation Factor 1); Volume II - Pricing Proposal (Evaluation Factor 2); Volume III - Past Performance (Evaluation Factor 3); and Volume IV - Administrative Proposal. No Pricing Information shall be submitted in Volumes I and III. Volume I - Technical Proposal (Evaluation Factor 1) - The technical proposal shall provide a technical description of how the Performance Work Statement (PWS) for cleaning Highland Tank Oil Water Separator Tanks in accordance Highland Tank User's Installation Start-up Operation Maintenance Trouble Shooting Manual. The Offeror's proposal shall address each of the below areas: Subfactor 1: The Offeror shall demonstrate experience in cleaning Highland Tank Oil Water Separator Tanks in accordance Highland Tank User's Installation Start-up Operation Maintenance Trouble Shooting Manual. Subfactor 2: The Offeror shall demonstrate that their personnel are qualified to comply with OSHA requirements concerning servicing Highland Tanks. OSHA requirements include but not limited to confine space entrance, respiratory protection/breathing and safety equipment. Contractor must be trained in accordance with OSHA concerning handing separated liquid oil and vapors which are flammable and/or combustible. Contractor must be trained in accordance with OSHA concerning confine space entry and comply with OSHA's confine space permitting regulations. Subfactor 3: Copies of appropriate licenses and certificates as it relates to cleaning Oil Water Separator Tanks. Volume II - Pricing Proposal (Evaluation Factor 2) - As part of this section, the Offeror shall include a completed Schedule for CLINs 0001, 1001, 2001, 3001, 4001 for cleaning Oil Water Separators and CLINs 0002, 1002, 2002, 3002, 4002 for sludge disposal priced per ton (fill in the dollar amounts on the pricing schedule, Attachment 1) and an offer signed by an official having the authority to bind the firm contractually. If this person is not an officer of the company, the offer shall be accompanied by written evidence of the individual's authority to bind the company. Volume III - Past Performance (Evaluation Factor 3) - Offerors shall submit up to five (5) past or current contracts that are similar in nature to the work described in the PWS. a. All information required pertains to all proposed major subcontractors, as well as the Offeror. Major subcontractors are those that are expected to perform ten (10) percent or more of the cost for the proposed effort. The Offeror shall submit with its proposal its major subcontractors' letter(s) of consent allowing the Government to disclose the subcontractors' past performance to the Offeror during negotiations. b. Contract descriptions. Past performance information on no more than 5 contracts (as a prime or subcontractor) over the past five (5) years) which are relevant to the efforts required by this solicitation shall be submitted. The Government may choose to investigate contracts beyond the past five (5) years for the purpose of the evaluation. In addition, any and all contracts terminated in whole or in part during the past five (5) years, to include those currently in the process of such termination are considered relevant and the Offeror shall provide past performance information for those contracts. Information shall include the following: - Role as prime or subcontractor - Place of performance, CAGE Code and DUNS numbers - Contracting activity, current address, telephone and FAX numbers (verify that these are current) - Procuring Contracting Officer's name, current telephone and FAX numbers - Technical representative/COR name, current telephone and FAX numbers - Contract Number - Contract Type - Awarded Cost/Price - Final or projected final cost/price - Original delivery Period of Performance - Final or projected final Period of Performance - Effectiveness of actions taken to resolve past and ongoing performance problems. c. Performance. For each of the Contracts described above the Offeror shall describe the objectives achieved detailing how the effort is similar to the requirements of this solicitation. For any contracts which did not/do not meet the original requirements with regard to original cost, schedule, and/or technical performance, the Offeror shall provide a brief explanation of the reason(s) for such shortcomings and any demonstrated corrective actions taken to avoid recurrence. The Offeror shall list each time the delivery schedule was revised, and provide an explanation of why the revision was necessary. The Offeror shall also provide a copy of any cure notices or showcause letters received on each contract listed and description of any corrective action taken. For any contracts terminated for default or cause, the Offeror shall address the reasons for the termination. d. The Offeror shall request that each of the Contracting activities of the previous contracts fill out a Performance Risk Assessment Questionnaire (Attachment 2) and submit it by e-mail directly to George.H.Bernard.civ@mail.mil and Michael.W.Vincent.civ@mail.mil prior to the proposal due date and time. The Offeror shall provide a list of Contracting activities including name, phone number, e-mail address that have been requested to fill out the Performance Risk Assessment Questionnaire. Volume IV - Administrative Proposal - As part of this section, the Offeror shall: - Include the offeror's name and address on the cover page of its offer, - Provide DUNS Number and CAGE Code with quote. - Ensure the offer is signed by an official having the authority to bind the firm contractually, - List the offeror representatives authorized to discuss matters regarding this proposal, - List assumptions, if any (if none state none), - List exceptions to terms or conditions, if any (if none state none), - Annotate compliance with the stated inspection and acceptance terms, - Identify the proposal validity period of at least 60 days from the date specified for receipt of offers, - Provide all administrative information as required toughout this RFP, - Complete all required provisions and clauses, including representations and certifications, - Identify the predominant place where manufacturing will occur or where procured finished products will be taken out of inventory, - Acknowledge any amendments to this RFP, - Include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quotes are due 21 June 2019 @ 2:00PM. Quotes are to only be submitted via e-mailed to Michael Vincent at michael.w.vincent.civ@mail.mil and George Bernard at george.h.bernard.civ@mail.mil. Quotes shall be for separate PDF files. Quotes in response to this solicitation shall be valid for 60 calendar days. Please annotate the last day the quote will be valid. Firms will not be reimbursed for proposal preparation costs. INCORPORATION OF QUOTATION: Portions of the Offeror's Section I Technical Quotation, as negotiated and accepted by the Government, may be incorporated by reference into the resultant contract. Some or all of the information furnished by the Contractor may be subject to disclosure under the Freedom of Information Act (FOIA). For this reason the Contractor shall identify information contained in the proposal which the Contractor believes is proprietary. Notwithstanding any rights the Government will receive under the contract to the data being protected under the solicitation, any request for information received under the FOIA (5 U.S.C 552) for the resulting contract, including any portion of the proposal that was incorporated into the contract, will be reviewed in accordance with the FOIA statute. The Government will contact the Contractor to identify what information, if any, contained in the contract they believe should be withheld from release to the public. The Contractor will then have to demonstrate that the information is a (1) a trade secret or (2) confidential, commercial information. In case of the latter, the Contractor would have to demonstrate, in detail, that disclosure would (1) impair the Government's ability to obtain necessary information in the future or (2) cause substantial harm to the Contractor. Any changes in these arrangements are to be submitted to the Contracting Officer in advance for approval. In the event of any conflict or ambiguity between the Contractor's Technical Quotation and the Government's Requirements Document, the requirements document takes precedence. To assure timely and equitable evaluation of the Quote, offerors shall follow the instructions contained herein. Offers shall be submitted as a single electronic package to the Primary Point of Contract (POC) email address no later than the date and time identified within this notice. The offer must be complete, self-sufficient, and respond directly to the requirements of this solicitation. 2. The provision at 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014), applies to this acquisition. (a) This acquisition will utilize the Lowest Price Technically Acceptable (LPTA) source selection procedure using Technical, Past Performance and Price to make an award decision. (b) The Government anticipates awarding one contract as a result of this Request for Quotation (RFQ), based upon the results of a complete and thorough Government evaluation of proposals in accordance with this section. The Government, however, reserves the right to not award any contracts in the event that no proposals are considered to be in the best interest of the Government. Contract award will be made to the "responsible" Offeror whose proposal represents the Lowest Price Technically Acceptable proposal to the Government based on the Volumes/Factors and Subfactors set forth herein. (See FAR Subpart 9.104, which describes the standards prospective contractors, must meet to be determined "responsible".) To receive consideration for award, overall evaluations of not less than "Acceptable" must be achieved for Volume I and Volume III. An evaluation rating of "Unacceptable" at the Subfactor level will cause the entire Proposal Volume/Factor and the entire Proposal to be evaluated as "Unacceptable. To meet this requirement, the Offeror (Prime Contractor) will be considered as the "Concern". NOTE: THE GOVERNMENT RESERVES THE RIGHT TO AWARD A CONTRACT BASED UPON INITIAL SUBMISSIONS, WITHOUT EXCHANGES AND/OR DISCUSSIONS. ALSO NOTE THAT FAILURE TO SUBMIT A TIMELY PROPOSAL IN EXACTLY THE MANNER REQUIRED BY THE SOLICITATION MAY RESULT IN THE GOVERNMENT REJECTING THE PROPOSAL AS NON-COMPLIANT/UNACCEPTABLE, AT THE SOLE DISCRETION OF THE CONTRACTING OFFICER. (c) The following Volumes/Factors shall be used to evaluate offers: (1) Volume I - Technical Capability (Factor 1) Subfactor 1: The Offeror's experience in cleaning Highland Tank Oil Water Separator Tanks in accordance Highland Tank User's Installation Start-up Operation Maintenance Trouble Shooting Manual will be evaluated. Subfactor 2: The Offeror's will be evaluated to ensure that their personnel are qualified to comply with OSHA requirements concerning servicing Highland Tanks. To include but not limited to confine space entrance, respiratory protection/breathing and safety equipment, training in accordance with OSHA concerning handing separated liquid oil and vapors which are flammable and/or combustible, and training in accordance with OSHA concerning confine space entry and comply with OSHA's confine space permitting regulations. Subfactor 3: The Offeror's proposal will be evaluated to ensure that all Federal and State Copies of appropriate licenses and certificates as it relates to cleaning Oil Water Separator Tanks. Subfactor 1, Subfactor 2, and Subfactor 3 are of equal importance. (2) Volume II - Price (Factor 2) The Government will evaluate total price (including options) in accordance with FAR Subpart 15.305(a)(1) to ensure that prices are fair and reasonable. Pricing will be evaluated on a comparison of proposed prices from all Offerors received in response to the solicitation. The total evaluated price will be calculated using the following method for Base and the Four (4) Option Years pricing: The overall Total Evaluated Price will consist of a total amount from the cleaning Oil Water Separators CLINs 0001, 1001, 2001, 3001, 4001 and the sludge disposal for CLINs 0002, 1002, 2002, 3002, 4002. This total will only be utilized in the total evaluated price calculation. The price for CLINs 0001, 1001, 2001, 3001, 4001 for cleaning Oil Water Separators will be added together. The price per ton for sludge disposal for CLINs 0002, 1002, 2002, 3002, 4002 will be multiplied by the below estimated ton quantities: CLIN 0002 - estimate of 21 tons CLIN 1002 - estimate of 10 tons CLIN 2002 - estimate of 10 tons CLIN 3002 - estimate of 10 tons CLIN 3002 - estimate of 10 tons The calculated amounts for CLINs 0002, 1002, 2002, 3002, 4002 will be added together. If it is concluded that additional information is necessary to determine the reasonableness of the proposed price, the Contracting Officer may request information. This additional information may include, but is not limited to, indirect rates, material, labor and any other information that can substantiate the reasonableness of a proposed price. If applicable a Certificate of Current Cost and Price will be requested at time of award. (3) Volume III - Past Performance (Factor 3) The Offeror and its major subcontractor's past performance with Government and industry will be evaluated. The Government will evaluate customer satisfaction, responsiveness to customer needs, and past demonstration of providing quality and timely services. Emphasis will be on recent, relevant experience in the past tee (3) years. The past performance factor considers each Offeror's demonstrated recent and relevant record of performance in services that meet the contract requirements. One rating is assigned for each Offeror based on relevancy and confidence assessment. Offerors with no relevant performance history will be given a rating of Acceptable. The Government will focus its inquiries on the Offeror's (and major subcontractors') record of performance as it relates to all solicitation requirements, including cost, schedule, performance and management of subcontractors. A significant achievement, problem, or lack of relevant data in any element of the work can become an important consideration in the evaluation process. Therefore, Offerors will be reminded to include the most recent and relevant efforts (within the past five years) in their proposal. Absent any recent and relevant past performance history or when the performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned, the Offeror will be assigned an "unknown confidence (Neutral) rating" and its proposal will not be evaluated either favorably or unfavorably on past performance. The Government may use data provided by the Offeror in its proposal and data obtained from other sources, including data in Government files or data obtained tough interviews with personnel familiar with the contractor and their current and past performance under Federal, State or Local government or commercial contracts for same or similar services as compared to the North American Industry Classification System (NAICS). Data used in conducting performance risk assessments shall not extend past tee years prior to the issue date of the RFP, but may include performance data generated beyond the past tee years without regard to the contract award date. Offerors shall submit all Government and/or commercial contracts for the prime Offeror and each major subcontractor in performance or awarded during the past five years, from the issue date of this RFP, which are relevant to the efforts required by this RFP. The Government may consider a wide array of information from a variety of sources, but is not compelled to rely on all of the information available. The Government will also use the Performance Risk Assessment Questionnaire's to evaluate the Offeror's Past Performance. The past performance factor considers each Offeror's demonstrated recent and relevant record of performance in supplying products and services that meet the contract requirements. There are two aspects to the past performance evaluation: relevancy and performance confidence assessment. (4) EVALUATION PROCESS. The technical panel will provide a detailed evaluation and assign a combined technical/risk rating for the Technical Volume. The Past Performance Volume will receive only a performance evaluation rating. The Price Proposal Volume will be evaluated by the Contracting Officer in accordance with the evaluation criteria established in Volume III. The technical panel will rate each Volume (Factor) and Subfactor by consensus for each proposal submitted and will prepare initial and final reports. If consensus is not obtainable, a minority report prepared and signed by the dissenting evaluators shall be presented to the Contracting Officer for consideration. Offerors are advised that the Government intends to award without discussions but reserves the right to conduct discussions to the extent deemed necessary at the sole discretion of the Contracting Officer, to further investigate any weaknesses, deficiencies, or other subjects identified by the technical panel as germane to the evaluation process. The Government technical evaluation panel will evaluate proposals in accordance with the process and evaluation criteria stated herein, and will document the evaluation by providing a narrative discussion of the evaluation of each proposal in terms of the evaluation criteria and proposed strong points (strengths), weak points (weaknesses), and deficiencies. This narrative discussion shall be incorporated into a report, which will be presented to the Contracting Officer to assist in the competitive range determination, if needed. Upon establishment of the competitive range, and to the extent deemed necessary at the sole discretion of the Contracting Officer, written discussion items (DI) will be issued to remaining Offerors, using control numbers, to further investigate any weaknesses, deficiencies, or other subjects identified by the technical panel as germane to the evaluation process. These DIs are considered exchanges/discussions in accordance with FAR Subpart 15.306(d). The Contracting Officer may also issue DIs relating to any matter that requires written revisions to a proposal for which a binding agreement is required/desired. The technical panel will be responsible for briefing the Contracting Officer at all steps of the evaluation process. The technical panel shall provide its report to the Contracting Officer for a final briefing, if necessary. Factor 1 (Technical), is more important than Factor 2 (Past Performance). Factor 1(Technical) and Factor 2 (Past Performance), when combined, are significantly more important than Factor 3 (Price). (5) RATING METHODS/DEFINITIONS (a) TECHNICAL FACTOR: One of the following ratings will be assigned: TECHNICAL RATINGS Rating Definition Acceptable Proposal meets requirements of the solicitation. Unacceptable Proposal does not meet requirements of the solicitation. (b) QUALITY/PERFORMANCE CONFIDENCE ASSESSMENT: Assess the quality of the Offeror's past performance on those recent efforts that were determined relevant by determining how well the contractor performed on the contracts. Documented results from Performance Risk Assessment Questionnaires, interviews, CPARS, and other sources form the support and basis for this assessment. Once the Relevancy and Contract Performance of the past performance contracts has been established, the Offeror will be assigned one Performance Confidence Assessment for the Past Performance Volume as described by the table below: PAST PERFORMANCE RELEVANCY RATINGS Rating Definition Very Relevant Present/past performance effort involved essentially the same magnitude of effort and complexities this solicitation requires. Relevant Present/past performance effort involved much of the magnitude of effort and complexities this solicitation requires. Somewhat Relevant Present/past performance effort involved some of the magnitude of effort and complexities this solicitation requires. Not Relevant Present/past performance effort did not involve any of the magnitude of effort and complexities this solicitation requires. PAST PERFORMANCE RATINGS Rating Description Acceptable Based on the Offeror's recent/relevant performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort, or the Offeror's performance record is unknown. (See note below.) Unacceptable Based on the Offeror's recent/relevant performance record, the Government has no reasonable expectation that the Offeror will be able to successfully perform the required effort. Note: In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a) (2) (iv)). Therefore, the Offeror shall be determined to have unknown (or "neutral") past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered "acceptable". (c) PRICE FACTOR: Price proposals will not be given an adjectival rating, but will be evaluated to determine reasonableness. (d) Options. The Government will evaluate Price for award purposes in accordance with FAR Subpart 15.404-1 by adding the total price for the base period plus all option periods. The Evaluation of options shall not obligate the Government to exercise the option(s). (e) 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. ADDENDUM to 52.212-4 PERFORMANCE WORK STATEMENT The Contractor shall provide an empty Vactor Truck with operator to clean out Oil Water Separators (OWS). In order to verify that Vactor Truck is empty at the OWS cleaning day, the Vactor Truck shall be weighed at the Installation truck scale and a certified receipt provided to the Contracting Officer Representatives (COR) proving truck is empty. At the end of the OWS cleaning day, again the Vactor Truck shall be weighed at Installation truck scale before leaving facility to take the sediment sludge to a disposal facility licensed to receive such sludge, and a certified truck scale receipt shall be provided to COR. The Vactor truck sludge disposal amounts per day are expected to be between 7-10 tons. The Contractor shall clean Oil Water Separators per manufacturer's (Highland Tank) User Manual and properly dispose of all waste generated from cleaning. The OWS cleaning service shall include draining, cleaning, sediment removal, disposal and recharging of systems. Sampling and characterization of the waste shall be required for disposal. Confine space entry shall be required. The Contractor shall also provide a report for each oil water separator and interceptor cleaned. Remove man way cover over the 24" diameter man way to expose the Oil Water Separation chamber and gauge the level of sand and debris with a wooden gauge stick. Remove the accumulated waste with a suction hose and clean sides and bottom using a high pressure hose, attach spray nozzle wand and direct spray toward the parallel corrugated plate coalesce to loosen up caked oily solids that may have accumulated on top of the plates. Flush the parallel corrugated plate coalesce from the outlet side to direct debris to sediment chamber and remove slurry with a suction hose. Coalescer screens can be cleaned in place if still operable or replaced if not functioning properly, for cleaning and coalesce removal, mechanical lifting equipment may be required to remove coalesce packs. Follow manufacturer's specifications for proper removal procedures. Using a garden hose at normal pressure loosen any caked on solids while flushing coalesce packs from both sides. Let coalesce packs stand and dry. Reinstall coalescers in accordance with manufacturer's specifications. Reattach the man way cover ensuring the gasket is not damaged, refer to manufacturer's specifications for proper refilling and start-up procedures. Oily contaminated water/sludge removed from Oil Water Separators shall be recycled and/or disposed of in accordance with federal, state and local codes and regulations. The Contractor shall be trained and licensed to dispose of regulated waste. Transporters and disposal facilities shall by licensed to transport and permitted to receive regulated Oil Water Separator waste. Contract Manpower Reporting Required. The Oil Water Separators shall be cleaned per the below schedule: Base Year Contractor shall clean Oil Water Separators #5 and #9 per manufacturer's (Highland Tank) User Manual and properly dispose of all waste generated from cleaning. OWS DESCRIPTION: #9 OWS (10,000 gallons separator and 5,000 gallons interceptor) located behind building #20, OWS DESCRIPTION: #5 OWS (25,000 gallons separator and 10,000 gallons interceptor) located near the intersection of Greely Ave and Turner Street. Option Year 1 Contractor shall clean Oil Water Separators #3, #6 and #8 per manufacturer's (Highland Tank) User Manual and properly dispose of all waste generated from cleaning. OWS #3 (5,000 gallon separator behind building 63), OWS #6 (5,000 gallon separator and 2,000 gallon interceptor Admin Parking Lot) and #8 (2,000 gallon separator behind building #19). Option Year 2 Contractor shall clean Oil Water Separators #1 and #2 per manufacturer's (Highland Tank) User Manual and properly dispose of all waste generated from cleaning. OWS #1 (10,000 gallon separator and 5,000 gallon interceptor behind building #14), #2 (5,000 gallon separator and 2,000 gallon interceptor located behind building 36). Option Year 3 Contractor shall clean Oil Water Separators #7, and #9 per manufacturer's (Highland Tank) User Manual and properly dispose of all waste generated from cleaning. #7 (3,000 gallon separator near boat ramp) and #9 (10,000 gallon separator and 5,000 gallon interceptor behind building #20) Option Year 4 Contractor shall clean Oil Water Separator #5 per manufacturer's (Highland Tank) recommendations and properly dispose of all waste generated from cleaning. OWS DESCRIPTION: (25,000 gallons separator and 10,000 gallons interceptor) located near the intersection of Greely Ave and Turner Street. INSURANCE REQUIREMENTS In accordance with clause 52.228-5, incorporated herein, prior to commencing any work at the U.S. Army Soldier System Center in Natick, Massachusetts the contractor shall have and maintain during the entire period of performance under this contract the following minimum amounts of insurance: WORKMEN'S COMPENSATION AND EMPLOYERS LIABILITY - $100,000.00 AUTOMOBILE LIABILITY - $200,000.00 PER PERSON $500,000.00 PER OCCURRENCE $500,000.00 PER OCCURRENCE FOR BODILY INJURY $20,000.00 PER OCCURRENCE FOR PROPERTY DAMAGE GENERAL LIABILITY - $500,000.00 PROVISIONS/CLAUSES: All FAR clauses may be viewed in full text by viewing the Federal Acquisition Regulation Table of Contents via the Internet at http://farsite.hill.af.mil. PROVISIONS INCORPORATED BY REFERENCE The following listed FAR provisions apply to this solicitation and are hereby incorporated. 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017) 52.204-7 System for Award Management (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Jul 2016) 52.204-17 Ownership or Control of Offeror (Jul 2016) 52.204-20 Predecessor of Offeror (Jul 2016) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) 52.212-1 Instructions to Offerors -- Commercial Items. (DEVIATION 2018-O0018) 52.222-22 Previous Contracts and Compliance Reports (Feb 1999) 52.222-25 Affirmative Action Compliance (Apr 1984) PROVISIONS INCORPORATED BY FULL TEXT 52.212-3 Offeror Representations and Certifications -- Commercial Items (Oct 2018) Alternate I (Oct 2014) 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- (6) 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 (7) 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 its stock 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 the stock of which is owned by one or more women; and (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 is to 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. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition teshold. (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. (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. (11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.) [The offeror shall check the category in which its ownership falls]: ____ Black American. ___ Hispanic American. ___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). ___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). ___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). ___ Individual/concern, other than one of the preceding. (d) 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 to the Equal Opportunity clause of this solicitation; 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 parts 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) or 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-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. 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. 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 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 Product Listed End Product: Listed Countries of 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 is 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. (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 the SAM database 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. The offeror represents that- (i) It [ ] is, [ ] is not an inverted domestic corporation; and (ii) It [ ] is, [ ] 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 email questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and Certification. 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). (s) Reserved. (t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require offerors to register in SAM (52.212-1(k)). (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) 52.219-1 Small Business Program Representations (Oct 2014) Alternate I (Sep 2015) (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 concern eligible under the WOSB Program. "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 the size standard in paragraph (b) of this provision. "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. "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 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 the stock of which is owned by one or more women; and (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) The North American Industry Classification System (NAICS) code for this acquisition is _________________________ [insert NAICS code]. (2) The small business size standard is _____________ [insert size standard]. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (c) Representations. (1) The offeror represents as part of its offer that it [_] is, [_] is not a small business concern. (2) [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. (3) [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 women-owned small business concern. (4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of its offer 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)(4)(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. (5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.] The offeror represents as part of its offer that-- (i) It [_] is, [_] is not an EDWOSB 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)(5)(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. (6) [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. (7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that is [_] is, [_] is not a service-disabled veteran-owned small business concern. (8) [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)(8)(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. (9) [Complete if offeror represented itself as disadvantaged in paragraph (c)(2) of this provision.] The offeror shall check the category in which its ownership falls: ___ Black American. ___ Hispanic American. ___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). ___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). ___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). ___ Individual/concern, other than one of the preceding. (d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished. (2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall -- (i) Be punished by imposition of fine, imprisonment, or both; (ii) Be subject to administrative remedies, including suspension and debarment; and (iii) Be ineligible for participation in programs conducted under the authority of the Act. (End of Provision) CLAUSES INCORPORATED BY REFERENCE The following listed FAR clauses apply to this solicitation and are hereby incorporated. 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018) 52.219-6 Notice of Total Small Business Set-Aside (Deviation 2019-O0003) 52.222-3 Convict Labor (June 2003) 52.222-19 Child Labor-Cooperation with Authorities and Remedies (Jan 2018) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (Sep 2016) 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014) 52.222-41Service Contract Labor Standards (Aug 2018) 52.222-50 Combating Trafficking in Persons (Jan 2019) 52.222-62 Paid Sick Leave under Executive Order 13706 (Jan 2017) 52.223-18 - Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.225-3 Buy American -Free Trade Agreements - Israeli Trade Act (May 2014) 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) 52.228-5 Insurance -- Work on a Government Installation (Jan 1997) 52.232-1 Payments (Apr 2014) 52.232-8 Discounts for Prompt Payment (Feb 2002) 52.232-33 Payment by Electronic Funds Transfer-- System for Award Management (Oct 2018) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-1 Disputes (May 2014) 52.233-3 Protest After Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 252.201-7000 Contracting Officer's Representative (Dec 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) 252.204-7000 Disclosure of Information (Oct 2016) 252.204-7002 Payment for Subline Items Not Separately Priced (Dec 1991) 252.204-7003 Control of Government Personnel Work Product (Apr 1992) 252.204-7004 Level I Antiterrorism Awareness Training for Contractors (Fed 2019) 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (Oct 2016) 252.225-7001 Buy American and Balance of Payments Program - Basic (Dec 2017) 252.225-7002 Qualifying Country Sources as Subcontractors (Dec 2017) 252.225-7048 Export-Controlled Items (Jan 2013) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Dec 2018) 252.232-7010 Levies on Contract Payments (Dec 2006) 252.247-7023 Transportation of Supplies by Sea (Feb 2019) PROVISIONS INCORPORATED BY FULL TEXT CLAUSES INCORPORATED BY FULL TEXT 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (DEVIATION 2018-O0021) (SEP 2018) (a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition 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. (b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (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) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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. (v) 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. (vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015). (vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793). (x) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). (xi) 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. (xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67). (xiii)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (xiv) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). (xv) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). (xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989). (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). (xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (B) Alternate I (JAN 2017) of 52.224-3. (xx) 52.225-26, 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). (xxi) 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. (xxii) 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. 52.219-28 - Post-Award Small Business Program Rerepresentation (Jul 2013) (a) Definitions. As used in this clause-- Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority. 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 the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity. (b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following: (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract. (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. (3) For long-term contracts- (i) Within 60 to 120 days prior to the end of the fifth year of the contract; and (ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter. (c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards . (d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees. (e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update. (f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause. (g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed: The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 562998 assigned to contract number TBD. _______________________________________________________ Contractor to sign and date and insert authorized signer's name and title. (End of clause) 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/ http://www.acquisition.gov/far/ (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. N/A (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. Invoice 2in1 or Combo (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 HQ0490 Issue By DoDAAC W911QY Admin DoDAAC W911QY Inspect By DoDAAC W905JZ Service Approver (DoDAAC) W905JZ (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. Name Email Phone Job Title Terry Garrahan g.t.garrahan.civ@mail.mil 508.233.5993 COR Michael Vincent michael.w.vincent.civ@mail.mil 508.233.6138 Contracting Officer George Bernard george.h.bernard.civ@mail.mil 508.233.6104 Contract Specialist (2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed. (End of clause) ADDENDUM to 52.212-4 Accounting for Contract Services Requirement (Manpower Report) The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor shall report ALL contractor manpower (including subcontractor manpower) required for performance of this contract. The Army's objective is to collect as much significant Contractor Man-Year Equivalents (CME) data as possible to allow accurate reporting to Congress and for effective Army planning. Detailed instructions can be found on the Contractor Manpower Reporting Application (CMRA) website in the CMRA "Contractor User Guide" or "Subcontractor User Guide". The contractor must create an account upon entering the site and is required to completely fill in the required information at the CMRA website: https://ecmra.mil. The required information includes: (1) Unit Identification Code (UIC) of the Army Requiring Activity that would be performing the mission if not for the contractor: W038AA (2) Command of the Requiring Activity that would be performing the mission if not for the contractor: W905JZ (3) Contracting Officer (KO) and contact information: Michael Vincent, 508-233-6138, michael.w.vincent.civ@mail.mil (4) Contracting Officer's Representative (COR) and contact information: Terry Garrahan, 508-233-5993, g.t.garrahan.civ@mail.mil. (5) Federal Service Code (FSC) reflecting services provided by contractor (and separate FSC for each subcontractor if different). If there are multiple FSCs for an Order number, enter a separate data record for each FSC: (F999) (6) Location where contractor and subcontractor(s) perform the service, including the city, state, zip code, and country. When service is performed at an overseas location, state only the city and country. If there are multiple Locations for an Order number, enter a separate data record for each Location. US Army Soldier Systems Center, 10 General Greene Avenue, Natick, MA 01760 (7) Contractor Type: Prime. (8) Direct labor hours (including subcontractors) for each FSC: (9) Direct labor dollars paid this reporting period (including subcontractors) for each FSC: F999. (10) Weapons system support indication: No If subcontractors are used in the performance of this contract, several factors must be considered. Contractor shall include, and require inclusion of, this term in all subcontracts at any tier under the contract in which services are being procured. Contractor shall also enter their data in a timely manner, as subcontractors cannot input any information into the CMRA system until the Prime Contractor has entered their data. The Prime Contractor has overall responsibility for ensuring subcontractors enter their respective data. Subcontractors are only responsible for entering Location Data. Reporting period will be the period of performance not to exceed 12 months ending 30 September of each government fiscal year and must be reported by 31 October of each calendar year.. W911QY19Q0018 Department of the Army Materiel Command Army Contracting Command Aberdeen Proving Ground
6/5/19, 1:59 PM