B-2_Combined_Synopsis_and_Solicitation_-_1333ND18QNB610385.pdf

EPOXY FLOOR COATING FOR BUILDING 235 ROOM G100 – 1333ND18QNB610385

THIS IS A COMBINED SYNOPSIS/SOLICIATATION FOR COMMERICAL ITEMS PREPARED IN

ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6, STREAMLINED PROCEDURES

FOR EVALUATION AND SOLICITATION FOR COMMERCIAL ITEMS, AS SUPPLEMENTED

WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT

CONSTITUTES THE ONLY SOLICITATION; QUOTATIONS ARE BEING REQUESTED, AND A

SEPARATE WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED. THE

SOLICITATION IS BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES.

The Request for Quotations (RFQ) number is 1333ND18QNB610385. This synopsis/solicitation constitutes a RFQ and incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-99-1 July 16, 2018.

This is a small business set-aside. The associated North American Industrial Classification System (NAICS) code for this procurement is 238190, which has a size standard of $15M.

The Government contemplates award of an Indefinite Delivery/Indefinite Quantity contract resulting from this solicitation. The Government may elect to award up to three (3) multiple delivery order contracts or task order contracts for the same or similar supplies or services under this solicitation.

COMMERCE ACQUISITION REGULATION (CAR) 1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing, via email, to both the Contract Specialist, Robert Singman at robert.singman@nist.gov Contracting Officer, Donald Collie at donald.collie@nist.gov . Questions should be received no later than three (3) calendar days after the site visit. All responses to the 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, the question responses included in the amendment to the solicitation will govern performance of the contract.

This acquisition is being 100% set aside for small business.

The U.S. Department of Commerce (DOC), National Institute of Standards and Technology (NIST), Center for Neutron Research (NCNR) is in need of surface preparation and a two-part floor epoxy coating of approximately 20,000 square feet of concrete flooring in Building 235, Room G-100 (Guide Hall).

All offerors shall provide a firm fixed price quotation for the following line items:

Contract Line Item Number (CLIN)

PRICE APPLICABLE

DISCOUNTS

TOTAL

CLIN 0001 – Base Period

- Surface Preparation and Two-Part Floor Epoxy Coating of NCNR Building 235, Room G- 100 Guide Hall 1 – 150

SQFT

mailto:robert.singman@nist.gov mailto:donald.collie@nist.gov

CLIN 0002 – Base Period

- Surface Preparation and Two-Part Floor Epoxy Coating of NCNR Building 235, Room G- 100 Guide Hall 150 – 500

SQFT

CLIN 0003 – Base Period

- Surface Preparation and Two-Part Floor Epoxy Coating of NCNR Building 235, Room G- 100 Guide Hall 500 –

1000 SQFT

CLIN 0004 – Base Period

- Surface Preparation and Two-Part Floor Epoxy Coating of NCNR Building 235, Room G- 100 Guide Hall Greater than 1000 SQFT

CLIN 0005 – Option Period I - Surface Preparation and Two-Part Floor Epoxy Coating of NCNR Building 235, Room G-100 Guide Hall 1

– 150 SQFT

CLIN 0006 – Option

Preparation and Two-Part Floor Epoxy Coating of NCNR Building 235, Room G-100 Guide Hall

150 – 500 SQFT

CLIN 0007 – Option Period I- Surface Preparation and Two-Part Floor Epoxy Coating of NCNR Building 235, 500 – 1000 SQFT

CLIN 0008 – Option

Preparation and Two-Part Floor Epoxy Coating of NCNR Building 235, Greater than 1000 SQFT

CLIN 0009 – Option Period II - Surface Preparation and Two-Part Floor Epoxy Coating of NCNR Building 235, CLIN 0010 – Option Period II - Surface Preparation and Two-Part Floor Epoxy Coating of NCNR Building 235, CLIN 0011 – Option Period II- Surface Preparation and Two-Part Floor Epoxy Coating of NCNR Building 235, CLIN 0012 – Option Period II - Surface Preparation and Two-Part Floor Epoxy Coating of NCNR Building 235, CLIN 0013 – Option Period III- Surface Preparation and Two-Part Floor Epoxy Coating of NCNR Building 235, CLIN 0014 – Option Period III - Surface Preparation and Two-Part Floor Epoxy Coating of NCNR Building 235, CLIN 0015 – Option Period III- Surface Preparation and Two-Part Floor Epoxy Coating of NCNR Building 235, CLIN 0016 – Option Period III - Surface Preparation and Two-Part Floor Epoxy Coating of NCNR Building 235, CLIN 0017 – Option Period IV - Surface Preparation and Two-Part Floor Epoxy Coating of NCNR Building 235, CLIN 0018 – Option

Preparation and Two-Part Floor Epoxy Coating of NCNR Building 235, CLIN 0019 – Option Period IV- Surface Preparation and Two-Part Floor Epoxy Coating of NCNR Building 235, CLIN 0020 – Option

Preparation and Two-Part Floor Epoxy Coating of NCNR Building 235, Attachments:

Guide Hall Paint Schematic NIST Safety and Health Guidelines Wage Determination – 2015-4269 Revision No. 7

Statement of Work

Overview:

The project is to provide surface preparation and epoxy coating of concrete flooring in Building 235, G- Wing (Guide Hall) and C-100. Surface preparation shall include grinding and bead blasting to remove the existing epoxy floor covering (where it exists) and to provide surface profile to enhance adhesion of the new epoxy coating. Surface preparation shall also include filling cracks and holes in the floor. Dust controls shall be used to minimize impact of dust on sensitive research equipment that shall remain in the room. Existing utility trenches, trench covers and floor mounted reference markers shall be protected. In G-100, two colors of final epoxy coating shall be used, a blue color closely matching the existing (Sikafloor Urethane Color Additive Safety Blue 450) shall be used to indicate walkways, and a yellow/tan color closely matching the existing (Sikafloor Urethane Color Additive RAL 1001 Beige #2 SF340) shall be used in all non-walkway areas. In other areas, the colors shall be selected from options provided by the contractor. The minimum area to be done in each year shall be 600 Square Feet and the maximum to be done in a year shall be 7000 Square Feet. The maximum Square feet to be done during the entire project is 25000 Square Feet.

Materials:

The contractor shall use Norklad 200 Epoxy or an equivalent (100% solids two-part low VOC epoxy) and the product shall be applied in accordance with the manufacturer’s recommended requirements. A minimum of two coats shall be used. Each coating shall be approximately 14-16 mils thick at a minimum dried thickness of ten mils and a total finished thickness of 25 to 40 mils.

Workforce Requirements:

The workforce of the Contractor shall consist of full time professional personnel who are experienced with applying the floor coating. All personnel shall be US citizens and shall obtain both NIST contractor badges and NCNR badges. To obtain the NCNR badges, each individual must receive health physics training and pass the subsequent testing.

Upon request, the Contractor will provide a full time experienced Project Manager on site. The Contractor’s Project Manager and other designated representatives will work closely and collaboratively with the COR for each move. If requested, the Project Manager may be requested to be on site throughout the duration of each portion of the project.

Safety Standards:

Contractor agrees and warrants that its workforce shall comply with applicable OSHA, NIST, and EPA regulations. Contractor agrees that compliance with the standards and rules and regulations identified above shall be at the Contractor’s cost. Proof of compliance with the above shall be submitted at the Governments request.

The Contractor shall provide a safety plan in accordance with the attached NIST Safety and Health Guidelines. The safety plan shall be provided within two (2) weeks after award. The safety plan will be approved by the appropriate NIST and NCNR representatives.

General Requirements:

All work shall be between the hours of 8:00 am through 5:00 pm, Monday through Friday, during periods in which the reactor is not operating.

All materials and equipment that are brought into the guide hall shall be checked by health physics prior to removal.

The Contractor shall provide all necessary labor and materials to carry out its responsibilities within the time frames set by the Government of each task order.

The Contractor shall provide all protective materials (i.e. tarps, draping, etc.) to safeguard NIST’s laboratory equipment and supplies from dust and steel shot.

The Contractor shall be responsible for safeguarding and protecting its own work, material, tools and equipment.

The Contractor shall furnish all dumpsters/trash containers and be responsible for the removal of all waste after review and approval by health physics. The Contractor shall, at all times, keep the premises free from excessive accumulation of waste material or rubbish caused by its employees or work.

If requested by NIST the Contractor shall provide a Project Manager who shall be on site during periods in which work is being completed. The Project Manager shall work closely and collaboratively with the NIST Technical Point of Contact (TPOC). The Contractor’s Project Manager shall perform a walk-through with the Government Representative to evaluate each phase.

Contractor’s Project Manager is responsible for all aspects of project management for the project and punch list.

The Contractor may have to schedule work in cooperation with other contractors and government employees working onsite at Government facilities. The Contractor will collaborate with the Government regarding completing their work while accommodating these activities.

Contractor shall arrive at the move site promptly with all necessary equipment to complete the job.

Period of Performance and Place of Performance Line Items 0001 – 0004: The Epoxy Floor Coating of shall be from October 1, 2018 through September 30, 2019. All work shall be performed at NIST, Gaithersburg, Maryland.

Line Items 0005 - 0008: Option period I: The Epoxy Floor Coating of shall be from October 1, 2019 through September 30, 2020. All work shall be performed at NIST, Gaithersburg, Maryland.

Line Items 0009 - 00012: Option period II: The Epoxy Floor Coating of shall be from October 30, 2020 through September 30, 2021. All work shall be performed at NIST, Gaithersburg, Maryland.

Line Items 0013 - 0016: Option period III: The Epoxy Floor Coating of shall be from October 30, 2021 through September 30, 2022. All work shall be performed at NIST, Gaithersburg, Maryland.

Line Items 0017 - 0020: Option Period IV: The Epoxy Floor Coating of shall be from October 1, 2022 through September 30, 2023. All work shall be performed at NIST, Gaithersburg, Maryland.

Warranty:

The contractor shall offer a warranty of at least three (3) years for any manufacturer or workmanship related failure.

Acceptance Criteria:

The contractor shall complete the objectives in accordance with the requirements. NCNR will ensure the epoxy coating is being installed in accordance with the manufacturer’s recommended application instructions.

SITE VISIT

A SITE VISIT shall take place on August 30, 2018 at 10:00 a.m. Eastern Time. The site visit shall begin promptly at 10:00 a.m. Attendees must be on-site by 9:30 a.m. The site visit shall allow Contractors to view the space where the work will take place. Potential Contractors are strongly encouraged to attend the site visit. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

Attendees shall convene at NIST, Building 235, Entrance Area, 100 Bureau Drive, Gaithersburg, Maryland. Only two (2) employees per contractor may attend.

Site Visit Security Requirements

Because of heightened security, Contractors who are planning to attend the site visit shall e-mail their intention to attend to Robert Singman, at robert.singman@nist.gov, and Don Collie, at donald.collie@nist.gov no later than 4:00pm on August 28, 2017, with the following information:

1) Company name

2) Names of all individuals attending the site visit

3) Country of Citizenship of all individuals attending the site visit

For non-US Citizens, the following additional information will be required:

1) Title

2) Employer/Sponsor

3) Address

Failure to register will result in individuals being denied access to NIST, and subsequently, the site visit.

It is the sole responsibility of each Contractor to register for the site visit.

Contractors must pick up a Visitor's Badge at the Visitor's Registration Center located at the Main Gate (Gate A, off Bureau Drive). Please ensure all individuals bring photo identification or they will be denied access to the facility.

Under the REAL ID Act of 2005, agencies, including NIST, can only accept a state-issued driver’s license or identification card for access to federal facilities if issued by states that are REAL ID compliant or have an extension.

Only Enhanced Driver’s Licenses (EDL) issued by the states of Michigan, Minnesota, New York, Vermont and Washington will be accepted for access to the NIST campus. These drivers’ licenses are easily identifiable by the American Flag on the face of the license.

NIST currently accepts other forms of federally issued identification in lieu of a state-issued driver’s license, such as a valid:

Passport; Passport Card; DOD’s Common Access Card (CAC); Veterans ID; Federal Agency HSPD-12 IDs; Military Dependents ID; Transportation Workers Identification Credential (TWIC)

PROVISIONS AND CLAUSES:

mailto:donald.collie@nist.gov

The following provisions and clauses apply to this acquisition. Those incorporated by reference may be found at the following:

All Federal Acquisition Regulation (FAR) clauses may be viewed at:

https://www.acquisition.gov/?q=browsefar.

All Commerce Acquisition Regulation (CAR) clauses and provisions can be accessed at:

http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl.

PROVISIONS

FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of an Indefinite Delivery/Indefinite Quantity contract resulting from this solicitation.

(End of Provision)

FAR 52.216-27 SINGLE OR MULTIPLE AWARDS (OCT 1995)

The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

(End of Provision)

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

(Reference FAR 4.1105(a)(1))

FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL

2016) (Reference FAR 4.1804(a))

FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARING DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 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--

(1) 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 an 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

(2) 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.

https://www.acquisition.gov/?q=browsefar http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl

(b) The Offeror represents that—

(1) 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

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

(Reference FAR 12.301(b)(1))

INSTRUCTIONS:

System for Award Management, SAM

In accordance with FAR 52.204-7, the awardee must be registered in the system for award management (www.sam.gov) prior to award. Refusal to register shall forfeit award.

Due Date for Quotations

Offerors shall submit their quotations so that NIST receives them not later than 12:00 PM Eastern Standard Time on September 11, 2018. FAX quotations shall not be accepted. E-mail quotations shall be accepted at robert.singman@nist.gov.

Please reference the RFQ number in the subject line of email communications and packages mailed. Offerors’ quotations shall not be deemed received by the Government until the quotation is entered in the e-mail box set forth above.

All hand delivered quotations and material shall be made on the actual due date through Gate A, and a 48 hour (excluding weekends and holidays) prior notice shall be provided to Robert Singman, Contract Specialist on 301-975-6388.

1. Price Quotation: The Offeror shall submit an original and one copy of the completed priced schedule. If the quotation is submitted electronically, additional copies are not required. The pricing quotation shall be separate from any other portion of the quotation. Offerors shall propose a firm fixed-price for CLIN 0001. The pricing quotation shall be separate from any other portion of the quotation. Contractor shall state warranty coverage. Price quotations shall remain valid for a period of 90 days from the date quotations are due.

2. Technical Quotation: The Offeror shall submit an original and one copy of the technical quotations. If the quotation is submitted electronically, additional copies are not required. The technical quotation shall address the following:

Technical Capability: The Offeror must demonstrate that in its technical capability it has the ability and access to the brand name epoxy floor coating or equivalent and be able to supply all http://www.sam.gov/ materials and services in order to perform the surface preparation and application as described herein the SOW requirements.

3. Qualifications/Experience: The Offeror shall demonstrate the extent to which it has recently performed epoxy floor coating services like this requirement successfully in the past.

3. Past Performance: The Offeror shall provide past performance information regarding relevant contracts over the past three (3) years with Federal, state, or local governments, or commercial customers. If the Offeror intends to subcontract with another firm(s) for part of this requirement, that firm’s past performance information shall also be provided. If the Offeror has no relevant past performance, it may include a statement to that effect in its quotation. The Government reserves the right to consider data obtained from sources other than those described by the Offeror in its quotation.

The description of each contract/order described in this section shall not exceed one half page in length. For each contract/order, the Offeror shall provide the following information:

a. Contract number;

b. Description and relevance to solicitation requirements including dollar value;

c. Period of Performance – indicate by month and year the state and completion (or “ongoing”) dates for the contract;

d. Reference Contact – If a non-Government contract, identify the name and address of the client with current telephone number and email address of a point of contact of the client responsible for the contract;

e. Contracting Office – If a Government contract (Federal or state), identify the Procuring Contracting Officer (PCO), administrative Contracting Officer (ACO), and Contracting Officer’s Representative (COR), and their names, current telephone numbers and email addresses.

f. Problems Encountered – include information regarding information regarding any problems encountered on the contracts described above and corrective actions taken to resolve those problems.

4. Acceptance of RFQ terms and conditions: This is an Open-Market Combined Synopsis/Solicitation for epoxy floor coating services in accordance with the requirements found herein. The Government intends to award a Contract as a result of this Combined Synopsis/Solicitation that will include the terms and conditions that are set forth herein. In order to facilitate the award process, ALL quotes shall include a statement regarding the terms and conditions herein as follows:

a. The Offeror shall state “The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition.”

OR

b. The Offeror shall state “The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:”

Offeror shall list exception(s) and rationale for the exception(s)

Please note that this procurement IS NOT being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC).

If an Offeror submits a quotation based upon an FSS or GWAC contract, the Government will accept the quoted price. However, the terms and conditions stated herein will be included in any resultant Purchase Order, not the terms and conditions of the Offeror’s FSS or GWAC contract, and the statement required above shall be included in the quotation;

5. Quoters shall provide their Dun and Bradstreet Number (DUNS number) for the Quoter’s active

System for Award Management (SAM) registration. Quoters must have an active registration at www.SAM.Gov to receive an award;

6. Quoters shall include a completed copy of the attached provision, “FAR 52.209-11

Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law” with their quotation.

QUOTATION EVALUATION:

Evaluation Factors

The Government shall 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: 1) Technical Capability, 2) Qualifications/Experience, 3) Past Performance and 4) Price.

Technical Capability, Qualifications/Experience and Past Performance, when combined, shall be more important than price.

1. Technical Capability: Evaluation of technical capability shall be based on the information provided in the quotation. NIST will evaluate whether the offeror has demonstrated that it has the capability to perform the requirements of the SOW, including proposing appropriate surface preparation and providing the brand name epoxy specified or an equivalent meeting the specifications described herein. Quotations that do not demonstrate the Offeror has the capability to accomplish all SOW requirements will not be considered further for award.

2. Qualifications/Experience: NIST will evaluate the extent of the offeror’s experience providing similar or same services as indicated in the SOW within the past three (3) years. The contractor’s qualifications and experience shall be evaluated to determine (a) the general background of the company and their experience in successfully applying epoxy coating to concrete flooring in buildings with similar complexity of that identified in the SOW; (b) the contractor and key personnel allocated have the qualifications and experience to successfully perform services required as stated in the Statement of Work.

3. Past Performance: The Government will evaluate the Offeror's past performance information and, if appropriate, its proposed subcontractors' past performance to determine its relevance to the current requirement and the extent to which it (a) demonstrates that the offeror has successfully completed relevant contracts in the past three (3) years. In assessing the offeror's past performance information, NIST will evaluate, as appropriate, (b) successful performance of contract requirements, quality and timeliness of delivery of goods and services, (c) communications between contracting parties, (d) proactive management and customer satisfaction. Evaluation of this factor will be based on information contained in the technical portion of the quotation and information provided by references. The Government will evaluate past performance information by contacting appropriate references, including NIST references, if applicable. The Government may also consider other available information in http://www.sam.gov/ evaluating the Offeror’s past performance. The Government will assign a neutral rating if the offeror has no relevant past performance information.

4. Price: Price shall be evaluated for fairness and reasonableness, consistent with the Contractor's technical submissions.

52.212-3 Offeror Representations and Certifications -- Commercial Items (JAN 2017)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://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.

PROVISIONS

FAR 52.204-7, System for Award Management (OCT 2016) FAR 52.204-16, Commercial and Government Entity Code Reporting (JUL 2016) FAR 52.204-17, Ownership or Control of Offeror (JUL 2016) FAR 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations- Representation (NOV 2015) FAR 52.217-5 Evaluation of Options FAR 52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran (OCT 2015) FAR 52.204-20 Predecessor Of Offeror (JUL 2016)

(a) Definitions. As used in this provision-- Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code. Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

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. (b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years. (c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: (or mark "Unknown").

Predecessor legal name: .

(Do not use a "doing business as" name).

(End of provision)

FAR 52.209-11 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a http://www.sam.gov/portal

Felony Conviction Under Any Federal Law (Class Deviation) (March 2015)

(1) In accordance with Sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by the Consolidated and Further Continuing Appropriations Act, 2015 funding may be used to enter into a contract with any corporation that-

(a) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where an awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government, or

(b) 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 the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(2) The Offeror represents that, as of the date of this offer-

(a) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(b) 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.

(End of provision)

FAR 52.212-3 Offeror Representations and Certifications -- Commercial Items (Nov 2017)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://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.

CLAUSES

FAR 52.204-13, System for Award Management Maintenance (OCT 2016) FAR 52.204-18, Commercial and Government Entity Code Maintenance (JUL 2016) FAR 52.204-19, Incorporation by Reference of Representations and Certifications;

FAR 52.212-4, Contract Terms and Conditions—Commercial Items (JAN 2017) FAR 52.217-8 Option to Extend Services FAR 52.217-9 Option to Extend the Term of the Contract FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.232-40 Providing Accelerated Payment to Small Business Subcontractors (DEC 2013) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) FAR 52.237-2 Protection of Government Buildings, Equipment, And Vegetation http://www.sam.gov/portal

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items.

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL ITEMS (JAN 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and

108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section

743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct

2016) (Pub. L. 111-117, section 743 of Div. C).

XX (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul

2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.

657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved] XX (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

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XX (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Nov 2016) of 52.219-9.

XX (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

XX (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov

2011) (15 U.S.C. 657 f).

XX (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C.

632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C.

637(m)).

XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

XX (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O.

13126).

XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

XX (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

XX (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

XX (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

XX (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

XX (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and

13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

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__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C.

8259b).

__ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG

2011) (E.O. 13513).

__ (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

__ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (46) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

XX (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112- 42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (48) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)

(42 U.S.C. 5150).

__ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

__ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

XX (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul

2013) (31 U.S.C. 3332).

__ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

__ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

__ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

XX (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

XX (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and

41 U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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