RFQ_1333MH19QNWWT0023.pdf

RFQ IFB RFP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODEFACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

EDWOSB

SMALL BUSINESS PROGRAM

NWWT9768-19-00108

1333MH19QNWWT0023

JEN BROWN

JEN.BROWN@NOAA.GOV 801-524-5125 X239

3:00 PM MT

WT000012

NWS-WESTERN REGION /W/WR

125 SOUTH STATE ST., ROOM 1311

SALT LAKE CITY UT 84138-1102

561720

$18.0M

WT976831

GLASGOW WFO MONTANA

92 AIRPORT ROAD

GLASGOW MT 59230-2843

see continuation page for line item details.

See Schedule

JUN 26, 2019

Please

X

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

1333MH19QNWWT0023

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

SUBMIT QUOTES TO JEN.BROWN@NOAA.GOV

Attach a Capabilities Statement to address environmentally friendly products, management capability, and past performance. Include 3 relevant references with a minimum of the name and phone number of the reference.

It is the offeror's responsibility to request confirmation of quote receipt. The Government does not accept responsibility for non-receipt of quotes.

The offeror must be registered and active status in the System for Award Management (sam.gov) to be eligible for award.

DUNS: ___________________________

WAGES

The following U.S. Department of Labor wage rates are applicable and can be found on beta.sam.gov Wage Determination No.: 2015-5395 Revision No.: 8 Date of Revision: 06/12/2019

WORK PERFORMED AT:

National Weather Service 92 Airport Road Glasgow, MT 59230

0001 BASE PERIOD

JANITORIAL SERVICE PERFORMED AT THE

NATIONAL WEATHER SERVICE WEATHER

FORECAST OFFICE LOCATED IN GLASGOW, MT, IN

ACCORDANCE WITH THE ATTACHED STATEMENT

OF WORK. FIRM FIXED PRICE, BILLING MONTHLY

IN ARREARS.

Period of Performance: 07/01/2019 to 06/30/2020

12.00 MO

OPT

1001 OPTION YEAR 1

JANITORIAL SERVICE PERFORMED AT THE

NATIONAL WEATHER SERVICE WEATHER

FORECAST OFFICE LOCATED IN GLASGOW, MT, IN

ACCORDANCE WITH THE ATTACHED STATEMENT

OF WORK. FIRM FIXED PRICE, BILLING MONTHLY

IN ARREARS.

Period of Performance: 07/01/2020 to 06/30/2021

12.00 MO

OPT

2001 OPTION YEAR 2

JANITORIAL SERVICE PERFORMED AT THE

NATIONAL WEATHER SERVICE WEATHER

FORECAST OFFICE LOCATED IN GLASGOW, MT, IN

ACCORDANCE WITH THE ATTACHED STATEMENT

OF WORK. FIRM FIXED PRICE, BILLING MONTHLY

IN ARREARS.

Period of Performance: 07/01/2021 to 06/30/2022

12.00 MO

OPT

3001 OPTION YEAR 3 12.00 MO

PAGE 3 OF 57 1333MH19QNWWT0023

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

JANITORIAL SERVICE PERFORMED AT THE

NATIONAL WEATHER SERVICE WEATHER

FORECAST OFFICE LOCATED IN GLASGOW, MT, IN

ACCORDANCE WITH THE ATTACHED STATEMENT

OF WORK. FIRM FIXED PRICE, BILLING MONTHLY

IN ARREARS.

Period of Performance: 06/01/2022 to 06/30/2023

OPT

4001 OPTION YEAR 4

JANITORIAL SERVICE PERFORMED AT THE

NATIONAL WEATHER SERVICE WEATHER

FORECAST OFFICE LOCATED IN GLASGOW, MT, IN

ACCORDANCE WITH THE ATTACHED STATEMENT

OF WORK. FIRM FIXED PRICE, BILLING MONTHLY

IN ARREARS.

Period of Performance: 07/01/2023 to 06/30/2024

12.00 MO

PAGE 4 OF 57 1333MH19QNWWT0023

Table of Contents

STATEMENT OF WORK

PROVISIONS

CLAUSES

WAGE DETERMINATIONS

PAGE 5 OF 57 1333MH19QNWWT0023

CLAUSES

STATEMENT OF WORK

PAGE 6 OF 57 1333MH19QNWWT0023

STATEMENT OF WORK

Janitorial Service at Glasgow, MT

1. Purpose

The National Weather Service (NWS) Weather Forecast office (WFO) located in Glasgow, MT requires regular janitorial services at the office in order to maintain a clean and safe work environment for the staff.

The Contractor shall be responsible for satisfactorily managing and performing cleaning as specified herein at the following location:

National Weather Service 92 Airport Road Glasgow, MT 59230

2. Primary Responsibility

On-site Contacts:

Meteorologist-in-Charge (MIC) – (406) 228-2850 x222 Administrative Support Assistant (ASA) – (406) 228-2850 x221

Prior to the onset of providing janitorial services, the Contractor MUST participate in an onsite meeting with one of the agency contact persons. The purpose of the meeting is to provide an opportunity for the MIC to identify the office’s unique security requirements (such as sign-in/out process), establish a working relationship, determine the fixed schedule for work on site, and address any lingering questions regarding expectations and requirements, within the scope of work.

3. Equipment, Materials, and Supplies

The Government will furnish to the Contractor the utilities necessary to perform the work, as well as the keys needed to open the paper towel and other dispensers.

The Contractor shall furnish and properly store in the areas designated by the MIC all equipment, materials, and supplies, with MSDS for chemicals, necessary to perform the work, including, but not limited to, the following:

• Paper towels (for kitchen and restrooms) • Paper toilet seat covers and dispenser

• Toilet paper • Trash receptacle liners

• Hand soap • Cleaning supplies/products

• Cleaning equipment

Recovered Materials and Biobased Products

The Contractor shall utilize products made from recovered materials and/or biobased products to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards.

Products that must be made from recovered materials are detailed in the EPA’s Comprehensive Procurement Guideline (CPG) Program at https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products. Sources of supply for recovered materials products can be found at

PAGE 7 OF 57 1333MH19QNWWT0023

https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#directory

The following is an example list of products that may be used in this contract for which recovered materials products are available. The list is not all inclusive.

• Paper towels • Bathroom tissue

• General purpose industrial wipes

Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. Sources of supply for biobased products can be found in the USDA’s Biopreferred Catalog at https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml

The following is an example list of products that may be used in this contract for janitorial service for which biobased products are available. The list is not all inclusive.

• Adhesive and mastic removers • Air fresheners and deodorizers

• Floor cleaners and protectors • Multipurpose cleaners

• Cleaning tools • Glass cleaners

• Sanitary tissues • Disinfectants

If a product is available under both the EPA Recovered Materials requirement and the USDA Biobased/Biopreferred requirement, the contractor shall purchase the EPA-designated item.

A list of products and their Material Safety Data Sheets (MSDS) shall be kept on file in accordance with applicable guidelines of the OSHA Hazard Communications Standard.

4. Deliverables

Deliverable Objective Due Deliver To

MSDS

List any hazardous material that will be used in performance of this contract. Ref. FAR 52.223-3 and FED-STD- 313E

At start of work, and as needed if products are changed

Contracting Officer and MIC or ASA

Tier 1 Security Investigation Documents

To protect government facilities and occupants from harm. Ref. CAR 1352.237-71

Within 3 business days of start of work, and as needed for replacement personnel

MIC or ASA

Schedule or Work Plan Identify when services are to be performed throughout the period of performance

Within 3 business days of award of contract

MIC or ASA

Service Report Identify which services were performed, or problems found during the service visit

With monthly invoice Invoice address

PAGE 8 OF 57 1333MH19QNWWT0023

Biobased Report (copy) Report purchases of Biobased products in System for Award Management (SAM).

Ref. FAR 52.223-2

By Oct. 30 for prior fiscal year (Oct. 1 – Sep. 30) ending the performance period of the contract base period, and for each option period, if exercised

Contracting Officer

Evidence of Sexual Assault and Sexual Harassment training completion

To maintain a work environment free from sexual assault and sexual harassment. Ref. NAM 1330-52.222-70

Within 40 business days of contract award

Contracting Officer

5. Security Background Investigation

The Contractor is required to designate at least one, but no more than three, contractor personnel to work at the site within three business days of contract award. These personnel must complete a Tier 1 Investigation.

The necessary forms and fingerprint cards can be obtained from the Administrative Support Assistance (ASA). The Contractor is responsible for filling out the forms and returning the completed fingerprint cards to the ASA for processing within three days of start of work. Contractor personnel with pending security investigation results must be escorted at all times by a government employee during work on the government site. Personnel that do not receive a favorable result will not be permitted to continue work on the site.

Any Government-provided identification issued to the contractor personnel shall be returned to the NWS:

• When no longer needed for contract performance

• Upon completion of contractor personnel’s employment

• Upon contract completion or termination, when a follow on contract is now awarded or reasonably anticipated

6. Conduct of Work

The Contractor is responsible for satisfactorily managing and performing cleaning as specified. Services performed under this contract shall be performed during hours approved by the MIC. The Contractor will adhere to the sign-in/out process that is identified by the MIC during the mandatory pre-work meeting (see Section 2).

The Contractor must maintain a secure environment while cleaning the facility. No one is allowed into the facility other than those individuals responsible for performing janitorial services and that have completed a security background investigation with favorable results.

The Contractor is to provide all supervisory and general control over all day-to-day operations of his/her employees, including control over all workers’ duties, and these services must be satisfactory to the Government.

The Contractor should bring any noted defect, disease or insect infestation of the premises to the attention of the MIC or designee. Services under this contract must be performed in such a way that there will be minimal interruption to or interference with the normal operation of Government business on the premises.

The required result is maintenance of the facility(s) in such a manner as to provide a clean, healthy and safe work environment for the occupants of the premises. All rules concerning safety, smoking and the security of the building must be observed.

PAGE 9 OF 57 1333MH19QNWWT0023

7. Square Footage/Site Conditions

The area covered by this contract is a single office building of approximately 3,000 square feet.

8. Cleaning Schedule

The period of performance for this requirement is 12 months, beginning July 1, 2019 and ending June 30, 2020, with the option to extend up to four additional years, as follows:

• Option 1: July 1, 2020 through June 30, 2021

• Option 2: July 1, 2021 through June 30, 2022

• Option 3: July 1, 2022 through June 30, 2023

• Option 4: July 1, 2023 through June 30, 2024

Cleaning will take place Sunday, Wednesday, and Friday, between 5:00 pm and 9:00 pm. The actual work hours on site will be determined during the onsite meeting with the MIC referenced in Section 2. Contractor employees working on site shall arrive at the same time each day of work in order to maintain consistent operations at the office.

Observance of Legal Holidays and Site Closure Information

The Contractor shall observe any federal holidays set forth in the referenced Department of Labor Wage Determinations, if the holiday falls within the service period of this contract.

When any holiday falls on a Saturday, the preceding Friday is observed; when any holiday falls on a Sunday, the following Monday is observed. All personnel assigned to this contract shall limit their observation of holidays to those set forth above.

In each instance, the Contractor agrees to continue to provide sufficient personnel to perform requirements of any critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the Contracting Officer or the MIC. In the event of a site dismissal or closure due to weather, emergency or other circumstances, the Contractor is instructed to contact the MIC or Alternate MIC for guidance.

9. Requirements

All sweeping of resilient floor covering must be by the dustless pickup method using either the laundered or the disposable type of treated cloths, as appropriate. All dusting must be done by the damp or treated cloth method.

The raised tile floor in the operations and equipment rooms has a special, static-free lamination to protect the equipment in the area. The Contractor shall only use floor cleaners recommended by the manufacturer of the floor tiles. The Operations areas have many computer cords that extend from the floor; cleaning must be done within 12” of these cords. No tables, equipment, or cords will be moved to clean around or behind them.

All methods and materials used in all cleaning work must leave surfaces free of debris, film, streaks, spots, and stains. The Contractor must dispose of all waste in the proper recycle or trash receptacles out of the building.

The Contractor shall return all cleaning products and equipment to the designated storage location upon completing work each day.

a. Work to be performed three times per week on Sundays, Wednesdays, and Fridays

PAGE 10 OF 57 1333MH19QNWWT0023

i. All trash receptacles must be emptied and returned to their initial location. Empty and clean ash receptacles. Remove all trash to appropriate outside receptacles (Recycle or Trash receptacle).

Wash or damp wipe inside and outside of all trash receptacles presenting a soiled or odorous condition, leaving the receptacle free of soil and odor. Replace liners when torn or soiled with a fresh liner.

ii. Thoroughly vacuum all carpeted areas and rugs, leaving them free of dust balls, dirt, and other debris. This includes entrance ways at front and rear of building. Floor edges (around doorways and where flooring changes) will also be left free of debris. Move and vacuum under all easily movable objects (chairs, trash receptacles, tables on wheels, typing stands, boxes). Put all items that were moved back in place. Vacuum cleaner contents will be removed to a dumpster. Carpet spot cleaning is required on an as-needed basis for spots equal to or larger than the size of a dime.

iii. Thoroughly dust-mop all non-carpet areas. Move a dust mop under all easily movable objects (chairs, waste receptacles, tables on wheels, typing stands, boxes). Put all items that were moved back in place. Dust mops must be treated with water based dust control chemicals. The Contractor will contain the dust and dirt and remove it to a dumpster.

iv. In the break room/kitchen, clean and disinfect the floors, fixtures, sinks, walls around the sink, countertops, and table. Leave surfaces absent of film, streaks, and stains.

v. In the restrooms, sweep and damp mop floors with a germicidal solution, paying special attention around sinks, toilets, and urinals. Floors will be left absent of debris. Clean and disinfect fixtures, handicap rails, sinks and walls around sinks, countertops, mirrors, toilets, urinals, and walls around urinals. Empty and disinfect all sanitary napkin receptacles. Refill soap, towels, toilet paper, and seat cover dispensers. Maintain a one month supply of soap, towels, toilet paper and seat protectors in the janitorial closet.

vi. Clean and disinfect all drinking fountains including the drains and exterior surfaces of fountain.

Drinking fountains must be free of streaks, stains, spots, smudges, scale, and other obvious soil.

vii. Clean and polish glass entrance door inside and out.

b. Work to be performed weekly, on Sunday

i. Wet-mop all uncarpeted floors, including hallways, using a detergent solution. Remove all oil, tar, and stubborn dirt.

ii. In the break room/kitchen clean & mop the tile floor; wipe exterior of all appliances including recycle bins, trash receptacles, and walls.

c. Work to be performed on the first Friday of every month

i. Damp-wipe all office fixtures, window sills, walls, doors, splash guards, baseboards, and ledges.

Damp mop plastic chair mats. Leave window blinds free of dust. Remove cobwebs.

ii. Dust or polish, as appropriate to the surface, all high and low surfaces, ledges, cabinet tops, and ventilators on which dust gathers. Clean and polish all finished wood surfaces in the building, including but not limited to, the table and book cases in the conference room.

iii. In the restrooms: clean pipes beneath all sinks; polish chrome; clean light switches; doors; and kick plates; spot clean walls; clean screens on sink faucets.

10. Invoicing

PAGE 11 OF 57 1333MH19QNWWT0023

The Contractor will submit an invoice on a monthly basis, in arrears. Improper invoices will be returned and payment will not be made until receipt of a proper invoice. The invoice will be prorated for scheduled days not worked in the month. The Contractor will send invoices to the following address:

National Weather Service 92 Airport Road Glasgow, MT 59230

PROVISIONS

PAGE 12 OF 57 1333MH19QNWWT0023

DEPARTMENT OF COMMERCE PROVISIONS

CAR Provisions Incorporated By Reference This contract incorporates one or more provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a provision may be accessed electronically at this address: https://www.ecfr.gov/cgi-bin/text-idx?

SID=45d904211412138f96678b9cc3297bdc&mc=true&tpl=/ecfrbrowse/Title48/48cfr1352_main_02.tpl

(End of provision)

1352.215-72 Inquiries (APR 2010) Offerors must submit all questions concerning this solicitation in writing to jen.brown@noaa.gov. Questions should be received no later than June 24, 2019. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.

(End of provision)

1352.233-70 Agency Protests (APR 2010)

(a) An agency protest may be filed with either: (1) The contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 FR 16,651 (April 6, 1999).

(b) Agency protests filed with the Contracting Officer shall be sent to the following address:

Michelle Woolsey 325 Broadway Building DSRC Boulder, CO 80305-3328

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address:

Barry Berkowitz Senior Procurement Executive and Director, Office of Acquisition Management U.S. Department of Commerce Room 6422 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230

FAX: 202-482-1711

(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.

(e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the General Counsel, Chief, Contract Law Division, Room 5893, Herbert C. Hoover Building, 14th Street and Constitution Avenue, NW., Washington, DC 20230. FAX: (202) 482-5858.

(End of provision)

1352.233-71 GAO and Court of Federal Claims Protests (APR 2010)

(a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed.

(b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims.

(c) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the General Counsel, Chief, Contract Law Division, Room 5893, Herbert C. Hoover Building, 14th Street and Constitution Avenue, NW., Washington, DC 20230. FAX: (202) 482-5858.

PAGE 13 OF 57 1333MH19QNWWT0023

(End of provision)

FEDERAL ACQUISITION REGULATION PROVISIONS

Current through FAC 2019-02

52.204-7 System for Award Management (OCT 2018) 52.212-1 Instructions to Offerors – Commercial Items (OCT 2018) 52.214-34 Submission of Offers in the English Language (APR 1991) 52.214-35 Submission of Offers in U.S. Currency (APR 1991) 52.223-1 Biobased Product Certification (MAY 2012) 52.223-4 Recovered Materials Certification (MAY 2008) 52.237-1 Site Visit (APR 1984)

52.212-2 Evaluation of Offers (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) Past performance

(ii) Management capability, including, but not limited to, timely invoicing practices and communication practices

(iii) Use of Biobased products and recovered materials

(iv) Price

(v) Compliance with solicitation requirements These evaluation factors, other than price, when combined, are approximately equal to cost or price alone.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.217-5 Evaluation of Options (JULY 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers or quotations for award purposes by adding the total price for all options to the total price for the basic requirement to determine the total evaluated price. This includes options under FAR clause 52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

52.252-1 Solicitation Provisions Incorporated By Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: https://www.acquisition.gov/far/index.html

(End of provision)

52.212-3 Offeror Representations and Certifications – Commercial Items (OCT 2018) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

PAGE 14 OF 57 1333MH19QNWWT0023

(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)).

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“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) Through 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 through 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 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 posted on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database 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), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (t) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

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These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It □ is,□ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility;

and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(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

PAGE 17 OF 57 1333MH19QNWWT0023

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) 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 “Bahrainian, 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 Bahrainian, 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 Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

PAGE 18 OF 57 1333MH19QNWWT0023

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)

(ii) of this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements— Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American—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 Bahrainian, 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 Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

PAGE 19 OF 57 1333MH19QNWWT0023

[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…